This is "gut feel" only.
I would say that it is in the grey area between servicing a contract with
the data subject and marketing to the data subject. Making them aware of
their options is obviously(?) a contractual service, or could be argued as
such. However, offering to sell them additional products is a marketing
offer. Combining the two could be argued each way.
Others may have definitive rulings from case law, of course.
I think in this case the bottom line is going to depend on how you present
the material. If you are overt at the marketing issue then you may offend a
data subject sufficiently for them to complain. If you deal with it
differently the probability of complaints lessens and thus the grey area
tends to whiten in your favour.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
> Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
(0)7710 126 618
Visit our home on the web: http://www.gartner.com
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-----Original Message-----
From: Emma Chilcott [mailto:[log in to unmask]]
Sent: 20 May 2002 17:59
To: [log in to unmask]
Subject: Direct Marketing
We are interested to know if anyone would consider the following to be
direct marketing as defined under the DP Act, therefore requiring us to
check marketing preferences before we contact the customer.
As a policy approaches maturity, we would write to the customer making them
aware of their options. As well as the option to pay the maturity proceeds
into the customer's bank account, the customer would be made aware of
specific re-investment options. These include opening one of our bank
accounts, using our new direct sales service to purchase subsequent
products or arranging an appointment with one of our advisors to discuss
future financial plans. Would you consider making these options known to
the customer (other than paying into an existing bank account) direct
marketing activity?
Many thanks, Emma
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