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Hi
 
This reads to me like an opt-out
 
"If you do not wish to be contacted for these purposes, please write
to:.....freepost"
 
I don't want you to contact me so i have to write to you to tell you that I don't want any contact.  I would have thought please tick this box if you do want info would be better.
 
Rob

>>> Clare Watts <[log in to unmask]> 20 June 2007 12:08 >>>
Dear all,

I would like your opinions as to whether the addition of a sentence in the
terms and condtions of a contract stating something like:

"We may contact you to update you on our products, services, special
promotions for the marketing of products and/or services, or marketing
research purposes. You may be contacted by post, telephone, or e-mail.  If
you do not wish to be contacted for these purposes, please write
to:.....freepost blah blah"

can be viewed as a positive opt-in to cover the E-mail requirements?

My opinion is that the customer must - even initially, agree in order to
progress the contract.  There is no tick box for them to select and
similarly, no tick box to de-select or indicate a refusal to agree.  I
therefore believe that adding a requirement to accept e-mailed marketing
to the terms and conditions is not a positive opt-in.

I have read the ICO's guidance and seen there recommended approach etc and
spoken with them direct.  Unfortunately, the advice was not very helpful
either way.  I am therefore looking for your views and arguments on this
suggestion and would appreciate any comments you have to offer.

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