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Privacy & Spam

Data Protection Quote

Intending to protect users privacy, Google announced changes on its policy that would limit the usage of cookies. Does this change affect  the way we advertise online?

How people think about their data and privacy has fundamentally changed. We’ve seen significant shifts happen in our industry because people have lost trust in how some businesses use their data.  

And it’s more than just a reaction to the latest privacy breach. People are trying to take back control of their personal information.

Note: This article was published on StreetFight on May 23rd, 2017 by April Nowicki

Image and video hosting website Photobucket is the latest tech brand that’s going local. The company announced today that it is partnering with location intelligence firm Cuebiq to understand users’ offline behaviors and provide them with a more relevant experience.

We are so excited to share the first edition of Mogreet’s 2013

Guide to Text Messaging Regulations and Best Practices!  This document guides mobile marketers through
the many rules surrounding text marketing.

By Bob Walczak, CEO of Ringleader Digital

It took some time for the online advertising industry to begin to address the multitude of privacy concerns that arose during its early days. The combination of self-regulating bodies, federal legislation, and advancements in technology all worked collectively to help protect us. Emerging media channels, like mobile advertising, are at a level of maturity where online advertising was 10 years ago.

Privacy Hypocrisy Part 2:
Lurching to the high road
By Scott Hornstein 
Chief Marketing Officer, Wired Assets Data Corporation  
 
I am dumbfounded. Mobile is a potential lighting rod for privacy concerns. Yet some mobile privacy policies read like an accident waiting to happen. These kinds of accidents tend to be serious, predictable and thus, avoidable. What’s crazy is that all the mobile marketers I’ve met )except one) are honorable. They are savvy businesspeople that understand that the customer is in control of the relationship and any real or perceived breach of privacy is likely to be met with rioting in the streets.
 
Many companies have taken the position that rioting in is not the issue, it’s the law suits that follow. Thus, the privacy policy bypasses the customer and is erected as a legal firewall. For instance, the privacy policy of a mobile marketer I respect consists of 27 paragraphs. Customers have no attention span whatsoever. The only people who are going to read 27 paragraphs are lawyers and guys writing articles on privacy.
 
Here’s the one from last month’s column. It reads like shuck and jive.
 
“The personal information that you provide is an important part of our business. We are not in the business of selling this information to others. This information will only be shared with our direct partners and agents as required.”
 
To a customer )me), this says that we can do whatever we want, whenever we want, no matter what you think we may have promised you. It creates the perception of hypocrisy, or as my teenagers’ say, “They are all liars. They all behave like buttheads. They tell you how they won’t do something, then they do it anyway.” Perception is reality.
 
I think we need to have a privacy policy written for our customers, straight-forward, honest and in plain language. I’d like to try and do it here and now, with your help. Try this one on for size:
 
We work hard to create a bond of trust and respect with each of our individual customers. Privacy is chief among our mutual concerns. Here’s how we will treat your privacy. If you would like to know more about any aspect, a complete legal document follows:
 
All of your personal information is collected and stored in a secure location. From time to time we may analyze that information to help us figure out ways to serve you better. Analysis may lead us to test or introduce a new product or service that we feel may interest you.
 
It is important to note that we do not share the analysis of any individual’s data with any other business, person or concern at any time for any reason. Averages and composites are used in our promotional dialog with advertisers and business partners.
 
We exist based on commerce. Thus, we may partner with another business, person or concern that has a product or service that might be interesting to you, based on your stated preferences, for our mutual benefit. If so, they will contact you, reference the relationship and ask permission to present you with the value offer.
 
If any at time for any reason you do want to stop, simply email, write, call or text, OPT-OUT and let us know if you no longer want to receive specific offers, specific media or everything. We’ll comply as quickly as we can, which in some cases might be as long as X weeks.
 
If at any time for any reason we change this privacy policy, we will let you know immediately using the contact information on file.
 
What else do we need?   Let me know - [email protected] Let’s craft this together.
 

      Privacy Hypocrisy
We can dodge the bullet or we can eat it
By Scott Hornstein
Chief Marketing Officer, Wired Assets Data Corporation

            There will come a time when mobile marketing is a cause celebre and every consumer group is going to publicly examine our motives and practices.  They will look at our privacy policies first.  Their assessment will be equal parts fact and emotion.

            Will our privacy policies pass the test?  The consumer gets the only vote.  Here’s what they are likely to find:

            As a customer, I think a privacy policy should plainly say, I, the company, respect you, the customer.  Here’s how I will earn and maintain your trust.  I recognize that this is chimera – in most cases the privacy policy is a legal document that permits corporations to do whatever they want whenever they want.

            Companies’ reasoning may be summed up as:  Given our litigious society and obsession with “privacy” we have to have a legal firewall.  Protection.   It’s got to give the company as much latitude as possible because, if sales slow down, I gotta do what I gotta do.

            The chasm between these two points of view will not close by itself. What’s broken is as basic as it gets.  Given that everyone is hyper-connected, posts to a blog, FaceBook or YouTube, it’s going to get wide, deep and loud.   Every red-blooded politician will drop the hot-potato issues and jump on this like a loose ball at the Super Bowl.

            Here are some simple suggestions that I believe will help us individually, and as a group build bridges to our customers from the high road.
 

            • Take it seriously.  Privacy policies were created because customers want them.  We should both be on the same side of the negotiating table.  It is not adversarial.  The customer is, after all, in charge.
  

            • Tell the truth.  Here’s wording that is representative of what I’ve seen on many mobile sites:

            “The personal information that you provide is an important part of our business. We are not in the business of selling this information to others. This information will only be shared with our direct partners and agents as required.”

            I’m not a lawyer, but I’ll bet that this means that this company can name anyone as a direct partner and agent and share all my information without asking me.

            Is that policy statement telling the truth?  Ask a customer.  I asked my teenagers, arguably mobile early-adopters, their reaction.  Their response: They are all liars.  They all behave like buttheads.  They tell you how they won’t do something, then they do it anyway.”

            But doesn’t marketing need latitude – to do what I gotta do?  That’s an intellectually lazy question.  Can we find ways to respond to changing market conditions that are within our agreement of trust and respect?  I like to think so.

            • Live by what you say. Customers demanded that we each publish a privacy policy, I think they’re going to expect we live by it, too.  Which means that implementation of the privacy policy must have legitimacy and teeth.  Making the lead privacy offer a line position would be a step in the right direction, someone with the power to say yes and no.  Then adherence to the privacy policy has got to be part of the corporate measurement and reward system.  If it’s not measured and rewarded, it’s simply not going to happen.

            This is very simple, very basic stuff, but that’s what’s broken.  Robert Frost said that good fences make good neighbors.  Corporate lawyers may have come up with the wording that will stand-up in a court of law, but that’s not the landscape.  It’s our neighbors, our customers, who are holding all the cards.  We built the fence, now let’s build it good.

             


Reach the Mobile Consumer<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

As posted on iMediaConnection.com

August 18, 2006

By Alan Chapell

To view Direct Article, please click HERE.

Chapell & Associates' president explains how to reach mobile audiences.


One of the most cited features of mobile phones is just how personal they are. Mobile devices are frequently used, rarely shared, and often carried with consumers wherever they go-- a recipe unmatched by most other forms of media. But just how adept are mobile marketers at using personalization?

Marketers are interested in leveraging the personal attachment consumers have to their phones in order to serve more relevant and personalized messaging. And mobile users in turn seem open to personalization-- whether it's personalizing ring tones, wallpaper or other features. Mobile marketers are betting that given enough targeting this desire can be extended to marketing campaigns as well.

For this to work, though, mobile marketers will have to know something about mobile users. And collecting user data -- as we all well know -- can carry with it important logistical, legal, and privacy challenges. I recently spoke to a number of mobile marketers about these issues, in order to obtain perspective on where mobile marketing is today-- and where it's headed in the not to distant future.

Collecting mobile data
Most experts envision three different categories of mobile data. The operative word here is envision-- it doesn't appear that anyone in the space is currently leveraging all three forms of mobile data.

First there is demographic data-- the same information that fuels most traditional direct marketing programs. For example, Mike Baker, CEO of Enpocket, described how his company has developed an ad server whereby Enpocket's clients can "take any info" they may have already collected about their customers -- demographic or otherwise -- and "use it for targeting."

Secondly, there is transactional data-- information about the products customers have bought from a particular retailer. Mobile technology provider MobileLime has recently partnered with retailers, including an upscale grocer, in order to provide their customers with targeted discounts and special offers via SMS. This loyalty program was based on transactional data already collected by the grocer, with MobileLime simply providing the technology to reach consumers on their mobile devices. And the program has enjoyed some success: 64 percent of opted-in customers have used the program in the past year. This doesn't surprise Baker, who says Enpocket has found that "transactional data is much better for targeting than behavioral or demographic data." 

And what about behavioral? Online media types have been actively using behavioral targeting for several years now-- but in the mobile world it remains somewhat theoretical. Even so, mobile marketers have interesting ideas about how behavioral data could be used in mobile marketing.

For example, explained Andrew Stollman, president of mxFocus, behavioral data collected on (non-mobile) internet sites can be used to target those same consumers on their mobile devices. For example, he says, mxFocus runs on an online portal where they collect the online activity of opted-in internet users. When these same users are on their mobile devices, the information collected on the portal can be used to "determine which ads to show and when to show them." 

Other mobile marketers agreed that using data from multiple marketing channels is an effective way to target mobile advertising. Alfredo Narez, VP of marketing for Air2Web, described a similar program his company designed for a major credit card company. But collecting data on one channel and using it in another can present some additional challenges, including some issues around consumer acceptance. Although optimistic about mxFocus' portal, Stollman noted that only 10-12 percent of the portal's users have opted into receiving mobile advertising.

Tom Burgess, CEO of Third Screen Media, thinks that the issues related to using data from multiple channels are going to become increasingly pertinent. Part of reason, he says, is that mobile marketing actually encompasses four different channels-- messaging, mobile browsing, mobile applications, and mobile video. This makes data collection all the more complex. And effectively collecting behavioral data, Burgess argues, would mean that "you'd probably need to be working in all four channels."

Can't forget about the carriers
No discussion of mobile data would be complete without a word about the mobile carriers, such as T-mobile, Verizon, and Cingular. There's something of a consensus that the mobile carriers are the ones that will be able to drive the market. First, they hold what amounts to a mountain of subscriber data. Second, the carriers currently have enough influence over the mobile space that pretty much any new mobile marketing technique or technology will have to meet with their approval in order to succeed.

Mobile carriers, however, have often been reluctant to use the data they have-- even for their customers' benefit. The carriers know all too well that customers tend to blame them for -- well -- just about anything that negatively impacts their mobile experience. Ruby Pan, VP of business development for adhoc mobile, a CPC based ad solution for mobile applications, notes that mobile carriers are "very concerned about doing the wrong thing and alienating their customers."

Moreover, there are limitations placed upon how carriers can use customer data. The section of the FCC's rules related to Customer Proprietary Network Information (CPNI) governs how carriers can use customer information for marketing purposes. In general the CPNI rules don't allow data collected for non-marketing purposes to be used for marketing-- unless the carriers obtain consent. Since much of the data held by the mobile carriers wasn't originally collected for marketing purposes, the carriers would have to proactively opt-in each of their subscribers prior to such use. Not doing so would put a carrier at risk of significant fines from the FCC.

Lastly, the carriers are still trying to decide what their role should be in all of this. Are they going to remain service providers, or will they ultimately take a more active role in content and advertising? If the carriers do choose to move away from the service provider role, the amount of control they will ultimately be able to maintain is just about anyone's guess at this point.

The bottom line

Part of the reason that mobile marketing was able to take off in Europe was ease of integration with the carriers. Things have been a little more complicated in the U.S., and significant logistical challenges remain-- but the mobile industry is well on their way to addressing these issues. As mobile marketers continue to do so, they may begin to make good on the promise of personalized marketing. 

Of course, many different marketing techniques -- from email to behavioral targeting to CRM -- have promised advertisers that elusive one-to-one relationship with their customers. Why should mobile fare any better? First, mobile marketers are showing a real willingness to focus on "doing the right thing." By emphasizing user opt-in, being aware of legal requirements (such as CPNI), and learning from past examples of where things went wrong, mobile may have a better shot at success. And second, armed with the right data, mobile marketers seem ready to make ads relevant to individual consumers. If you're not already working in the mobile space, this may be as good a time as any to take a look.

Alan Chapell, CIPP, is president of Chapell & Associates

 

Why Spam Doesn’t Have to Happen on <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Mobile Devices<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

By Peter Fuller, Founder Industry Jump

Spam and privacy, the two “third rails” of marketing, threaten to take down the mobile marketing industry before it gets fully off the ground. From USA Today to CNN and countless other e-zines and newspapers, opinions abound on how spam soon will infect millions of cell phones—devices considered to be the last frontier for marketers.

It’s true, mobile marketing is growing in popularity. In Asia, eMarketer reports that 39 percent of mobile phone users have received SMS messages from advertisers, 36 percent in Europe and only 8 percent in the US. These figures point to a strong and growing trend among advertisers to embrace mobile marketing in other parts of the world and for consumers to be fairly receptive to it. Although technical impediments to US mobile marketing have slowed its growth, fear of “mobile spam” and the hype that surrounds it has forced brands, advertisers and carriers to approach the US market with much trepidation.

Unfortunately for those in the mobile marketing industry, a confused press corps has not adequately defined the difference between mobile marketing and “spam.” Journalists combine stories of marketer behavior in Japan with predictions that mobile marketing will be an “$8 billion” industry to create the impression that consumers here soon will be bombarded with unsolicited marketing. I recently spoke with a reporter from a national newspaper who thought all 12 billion SMS messages sent in the US are “spam.” This misinformation about the industry and its intentions has created a confusion and subsequent perception about marketing in consumers’ minds that must be addressed quickly.

To do that, mobile marketers are facing two primary problems: 1) distancing themselves from a word that has at best, a very dynamic and personal definition: spam; and 2) devising a system to stop it before it starts.

Distancing Marketing from Spam

Before marketers can move away from spam, they have to know what it is. In most legal terms, spam is defined as any unsolicited marketing message sent via electronic mail or to a mobile phone. Legal definitions, however, may save you in court, but not in the marketplace. In fact, much of the e-mail spam can be traced back to an actual consumer opt-in and thus technically is not spam.

The trick marketers use is the little “partner marketing” button or small print that accompanies many newsletters and corporate promotional sites. A consumer who buys a big-screen TV, for instance, may be excited to begin a relationship with the manufacturer and signs up for its newsletter. A month later, that person is receiving e-mail from marketers they’ve never heard of pawning DVDs for $1. That marketing is perceived as spam, even though legally it is not because it came from a “partner” of the big screen manufacturer.

So, what is spam?

Spam is what the consumer perceives as an unwanted or unsolicited marketing.

  • Unwanted. Marketing materials can become unwanted any time and it is impossible for marketers to control the whims of consumer acceptance. Here are a few key factors that contribute to marketing becoming unwanted:
    • Frequency. When a customer opts-in to receive information, it is not carte blanche to hit them up for anything at anytime—regardless of what the attorney down the hall wrote in the legal fine print. It’s also necessary to consider how the message will be considered in light of all the other messaged a consumer receives daily. Less is more; just because you can market to them, doesn’t mean you should.
    • Relevance. Cross-promotional programs are fine through as long as they retain relevancy.
    • Control. Consumers no longer have control over their e-mail. Hundreds of marketers target them, most of which have opt-out policies. Can we really expect consumers to opt-out to every site they visited? And would that work if they could? The answer to both questions, is no.
    • Confidentiality. Sure, the “partner” button on the opt-in page may seem like a good idea, but in reality, it’s best not to share the information a customer gives you.
  • Unsolicited. Consumers may perceive messages they didn’t directly opt-in to receive—like “partner” marketing—as unsolicited.

The best way for marketers to distance themselves from “spam” is to give consumers choice, control, constraint and confidentiality while insuring that they only receive relevant information. Doing so will address the perceived definition of spam and enhance consumer satisfaction with the brand in the process.

But can it be done?

With e-mail, the answer is no. Too many nefarious advertisers roam the open gateways and too many legitimate brands have sold their lists to too many partners. In mobile marketing, however, the future is much brighter.

Devising a System to Stop Mobile Spam Before it Starts

In mobile marketing the opportunity is ripe to stop spam and keep the medium safe for relevant messages the consumer wants to receive. Learning from the mistakes made in e-mail marketing, the Mobile Marketing Association is developing a Code of Conduct for content providers, advertisers, brands, technology partners and carriers that is engineered around the perceived definition of spam and includes technology enforcement mechanisms that will give the industry the power to self-regulate.

The Code of Conduct is broken into the Six C’s of privacy:

  • Choice: mobile marketing is acceptable only to consumers that opt-in to receive it.
  • Control: consumers who opt-in must have any easy way to opt-out of all mobile marketing.
  • Constraint: consumers should be able to set limitations on messages received.
  • Customization: analytical segmentation tools will help advertisers optimize message volume, ROI and relevancy to the consumer.
  • Consideration: consumers must perceive value in any mobile marketing campaign.
  • Confidentiality: Privacy policies must be aligned between the carrier and the brand.

In addition to the CoC, the MMA’s Privacy Committee is also reviewing cutting-edge industry-wide mechanisms for enforcement. First, a certification program may be built to certify brands, carriers, advertisers, content providers and technology partners that agree to comply with the industry CoC. Second, the committee is reviewing the merits of creating national opt-in and opt-out databases for mobile marketing.

These national systems would give consumers a single point of access for all mobile marketing. From them, consumers will manage which brands they interact with, how many messages they want in a given period of time, and what interest-based information they opt-in to receive. The consumer would have complete privacy through various technology mechanisms under consideration.

Fighting the Perception Together

It’s true, mobile marketing may become an $8 billion industry by 2005; spam, however, doesn’t have to be part of that revenue stream. In fact, eMarketer reported that 65 percent of US consumers were willing to give personally identifiable information in exchange for relevant mobile marketing. By learning from the mistakes made in e-mail marketing, everyone in the mobile marketing paradigm—from the brand to the consumer—can benefit.

But it can’t be done with just a few players. The only way to fight the perception of spam and stop it from becoming a reality in mobile marketing is for the industry to come together and embrace an aggressive Code of Conduct backed by creative enforcement mechanisms and technology that closes private carrier gateways to unsolicited marketing while opening them to messages consumers want to receive.

Together, the industry can make mobile marketing a reality and mobile spam a figment of everyone’s imaginations.

SMS Spam Study

"A consortium representing industry and academia recently announced the results of the first collaborative empirical global study on mobile spam, entitled "Insights into Mobile Spam". The study was conducted in a joint collaboration between the International Telecommunication Union (ITU) (www.itu.int), the University of St.Gallen, Switzerland (www.mcm.unisg.ch), other leading international Universities and bmd wireless (www.bmdwireless.com), an Intrado subsidiary (NASDAQ: TRDO).

The objective of the study was to analyze differences in the perception of mobile spam issues between consumers and mobile network operators and assess how well the problem is being managed. The study also documents the effects of mobile spam on consumers and network operators and identifies regional variations from Central Europe, North America, and Southeast Asia.

Results show that spam - a well known problem from the Internet and e-mail world - will increasingly infect the mobile world. The survey indicates that more than 8 in 10 mobile phone users surveyed have received unsolicited messages and are more likely to change their operator than their mobile number to fight the problem. Consumers perceive mobile marketing messages from wireless operators also as mobile spam. With complaints about mobile phone spam on the rise, both consumers and businesses see wireless operator self-regulation as the most important action against unsolicited mobile messages or spam.

If you would like to learn more about the empirical study or order "Insights into Mobile Spam", please visit www.mobilespam.org or contact Torsten Brodt ([email protected])."