The primary reason our clients say they want to run a sweepstakes is to be able to put that sweepstakes data to work to find new potential clients and increase sales. A sweepstakes is a terrific way to achieve those goals! However, if you do not make sure you follow data privacy laws and consumer protection guidance, then that data you collect as part of a sweepstakes campaign can not be used to follow up with those clients. It might even get you fined or in a legal mess with the TCPA or the CCPA. To keep that from happening, make sure you document how the users’ data will be used and get explicit consent as required by law to use it in the ways you intend.
This means if you want to text people whose mobile phone numbers you collect, you have to get permission to use those numbers to text them for the specific marketing and sales purposes that you tell them it will be used for.
If you want to call them at the phone numbers they provide, then they must tell them what you will be calling about and let them consent to allowing those calls to happen.
If you want to email people, then you must tell them what you will be emailing them about (and make sure you tell them if you are selling or sharing their data up front!) and get their explicit consent to email them for that purpose, as well as provide a way for them to opt-out.
If you want to use their address to send them regular mail you must get their consent to send that mail.
Sounds easy?
Well, here is a little test.
Will this opt-in language work in all of the United States and internationally if you present it as part of your sweepstakes form online as a pre-checked box to allow you to send people emails, texts, regular mail, and call them on the phone?
Please add me to your marketing list.
The short answer is no, it will not. This is implied consent because the user did not take the action to tick that box.
What about if it is not pre-checked and not required to enter?
Having the consumer tick the box is considered explicit consent, but it is still not enough for some country and state consumer privacy laws to allow blanket texts, emails, mail and phone calls, since your opt-in statement does not say how or what you will be using it for.
Well, what about if there is no check box but you just say in the Official Rules that by entering you have opted in.
That is still a no go. There is no explicit consent doing it that way.
Guess what – NONE of those scenarios cover you legally for opting in international users for text, mail, phone, and email campaigns. In some places, some of those things would be covered, but not all.
Remember, they key is to get explicit consent, using clear language that says how you will use the data, what you will be doing with it, and providing a clear way to access, edit and delete consent at any time.
If you wonder how you can get people to opt-in keep in mind these tips:
- If any of that data is to be used later, tell people what it will be used for, and the frequency, up front in your opt-in statement. For example, saying “Sign me up for monthly emails with new recipes.” works better than “Add me to your email list.” The latter will get you a quick opt-out if you start using that email list for daily, salesy emails when they thought they were getting email newsletters only once a month.
- Use different opt-in checkboxes to get consent for different types of data. Some people might consent to emails or mails, but don’t want texts or phone calls. Break it down so they can opt-in only for what they want.
- Keep records of verbiage or screen shots of the form the users in your database filled out as proof of explicit consent.
- Make sure your privacy policy is easily available to anyone completing a form where you are collecting data for future use. And be sure your privacy policy details how people can access, amend, or delete their information and consent.
- For online data capture keep the Official Rules for your sweepstakes within 2 clicks of any advertisement for your sweepstakes, and one click away from the form itself.
- Only ask for the data you will need to contact them going forward if they consent to it (and to award the sweepstakes prize).
- And never ever resell, or use personal data unless you have people’s consent!
Need help on your next sweepstakes meeting your opt-in goals for future marketing use? Contact us!
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