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)?
Many Thanks
Jessica Pembroke
Legal Advisor and Data Protection Officer
Cheshire College - South & West
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