Individual student (personal not College account) email addresses

 

 

Are you emailing personal addresses here, or institution addresses? Individual vs corporate subscriber is going to be relevant.

 

 

 

We are relying on legitimate interests under GDPR but PECR is a separate piece of legislation relating to sending marketing by text or email.

 

Interesting the AOC (Association of Colleges) via Irwin Mitchell solicitors model privacy notice includes this:

Where you have previously studied at the College or commenced an application process with us before, then we will send you information about the courses we provide on the basis of our legitimate business interests. In doing so, we will comply with the requirements of the “soft opt in” and offer you an opportunity to refuse marketing when your details are first collected and in subsequent messages (by way of own unsubscribe).

 

Which would suggest they expect us to be able to use ‘soft opt in’

 

 

Can’t you use legitimate interests if communication is about similar courses? If student A has studied level 2 catering they may be interested in the level 3 catering course.

 

 

 

Hello,

 

Is anyone able to direct me to/ give me any clarity on the definition of “sale” in terms of the soft opt in within the Privacy and Electronic Communications regulations.

 

Use of electronic mail for direct marketing purposes

(3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where—

(a)that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

 

We don’t ‘sell’ courses to learners as they don’t directly pay for them (government funding) but they do enter an agreement with us to receive the services e.g. an A Level course

 

Can we rely on the “soft opt in” to send marketing to students (about similar courses etc.) without consent providing our other obligations are met (e.g. unsubscribe/opt out opportunities, marketing is clear in privacy statement)?

 

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