Collection, Use And Transfer Of Personally Identifiable Data

Article #31

Consumers who provide data that may be rented, sold or exchanged for marketing purposes should be informed periodically by marketers of their policy concerning the rental, sale or exchange of such data and of the opportunity to opt out of the marketing process. Should that policy substantially change, marketers have an obligation to inform consumers of that change prior to the rental, sale or exchange of such data, and to offer consumers an opportunity to opt out of the marketing process at that time. All individual opt-out requests should be honored. Marketers should maintain and use their own systems, policies and procedures, including in-house suppression and opt-out lists, and at no cost to consumers refrain from using or transferring such data, as the case may be, as requested by consumers.

List compilers should maintain and use their own systems, policies and procedures, and at no cost to consumers refrain from using or transferring data, as the case may be, as requested by consumers.

For each prospecting list that is rented, sold or exchanged, the applicable DMA Preference Service name removal list (e.g., Mail Preference Service, Telephone Preference Service, and E-mail Preference Service, and Deceased Do Not Contact List) should be employed prior to use.

Data about consumers who have opted out of use, including a request not to be contacted, or transfer should not, per their requests, be used, rented, sold or exchanged.

In addition to adhering to these guidelines, marketers should cooperate with The DMA when requested in demonstrating compliance with the Privacy Promise.

Upon request by a consumer, marketers should disclose the source from which they obtained personally identifiable data about that consumer.

Comment:

Here are a few other helpful tips for complying with this guideline article:

• Referring consumers to DMA when what they want is removal from your customer or prospect list is not helpful to anyone and definitely not the right thing to do. Consumers often think DMA is your list source and that The DMA can remove them from your files. Make sure employees at your company understand that referrals should be made to DMA only when consumers want an overall reduction in unsolicited national solicitations.
  

  When appropriate: consumers can be referred to the Mail Preference Service and the FTC's National Do Not Call Registry: MPS www.dmaconsumers.org National Do Not Call Registry www.donotcall.gov 1-888-382-1222 Consumers can be referred to www.dmaconsumers.org for information on registering online for MPS and EMPS.

*Please note that DMA is gradually phasing out the Telephone Preference Service (TPS), referenced throughout this section. New consumer registrations for TPS will be accepted up to November 2006, and DMA members must continue to suppress prospective customers listed on TPS through December 31, 2011 (thus honoring TPS registrant requests for five years). As of November 2006 DMA will only take TPS registrations for consumers living in the states of PA, ME and WY. Other consumers who wish to decrease the amount of unsolicited telemarketing calls they receive should be directed to the Federal Trade Commission’s National Do Not Call Registry at: www.donotcall.gov or by phone 1-888-382-1222.

• You should be able to answer questions about the source of information. Consumers trying to reduce the amount of their mail or a relative’s mail are not happy to hear you say you can’t tell them the source of their name on a mailing list. You should tell consumers the source of their name on your list. If, for some reason, you cannot be specific as to the source, at least tell consumers the kinds of sources you use.
• Also, you should not enter into agreements with list sources that would prohibit disclosing the source of information to consumers. Make sure your own lists are not exchanged with this non-disclosure requirement.
• You might question whether you have to honor name-removal requests you receive from a third party as part of customer service. Many enterprises have sprung up which claim to offer consumers help in decreasing the number of unsolicited promotions they receive. Although you must maintain an in-house suppression list (required by two federal laws for telephone calling lists in addition to The DMA’s membership requirement), you are not obligated to accept requests that don’t come directly from consumers themselves –- this is really up to you. (Of course, this point also does not refer to state "do-not-call" lists or motor vehicle "do-not-solicit" lists, which must be used to be in compliance with law.)
• Consumers understandably are upset when they receive promotions directed to deceased relatives, especially if the individuals died years ago. Every attempt should be made to clean your lists against DMA's Deceased Do Not Contact LIst to avoid this circumstance. This is particularly important when marketing to the mature marketplace and to households believed to have newborn children.
  

  For more information on DMA's, DMA's Deceased Do Not Contact List please visit: http://preference.the-dma.org/products/ddncsubscription.shtml

• Although these guidelines apply to business-to-consumer marketing, it is recommended that they be honored when marketing to businesses also. Honoring opt-out requests for business names and generally cleaning your business lists is just good business.
• Finally, the guidelines say that in addition to complying with the Privacy Promise, member companies who are asked to provide documentation of their compliance cooperate promptly with DMA staff. It is essential in demonstrating self-regulation to policy makers that DMA regularly monitor its members, and that members cooperate with the Privacy Promise monitoring program.

Questions to Ask:

• Does your company have an internal policy regarding fair information principles and practices, and an executive charged with oversight for its implementation?
• Are all employees trained as to what the policy means and how it should be implemented?
• Does your company give clear notice to consumers about its collection and use of customer data?
• Do you have systems and procedures in place for removing customers and prospects from your lists?
• Do you use DMA's Deceased Do Not Contact List and other sources to removed deceased individuals from your lists?
• Are your customer service representatives trained to identify and handle name-removal requests?
• Are your customer service representatives trained to disclose the source of information to consumers, upon their request?
• Does your company, or your service bureau, use DMA’s Mail Preference Service, Telephone Preference Service, and the FTC's National Do Not Call Registry before contacting prospects? DMA’s e-Mail Preference Service also needs to be used, if applicable.
• If data is rented, exchanged or transferred online, do you take steps to ensure that the data are secure and/or encrypted?
• If requested by DMA, does your company promptly provide documentation that it follows the Privacy Promise?

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