All posts by : janinepaterson

It could save you money, and your company’s reputation!

Being investigated by the Information Commissioner’s Office can be the start of your problems and now those problems have just got a whole lot bigger!

Why?

Because the ICO is now naming third parties involved in their investigations. Previously they redacted this information.

This means that if a supplier of data to you is investigated and found to have breached the rules, your business name will appear as part of the record of the case, which is available on their website. Similarly, it will appear if you supply data to a client and they break the law.

You may not have done anything wrong, but you would be associated with a fine, again not your responsibility, but the effect on your reputation could be immense.

This is why you should follow the rules, but also make sure your suppliers and clients also follow the rules.

So what can you do?

Due diligence!

Yes, I know this may seem boring and a waste of time, but it can save you money and potentially your company’s reputation!

It’s just a matter of asking the right questions and making sure you have proof of the answers. So, if you need help protecting your reputation, and maybe saving money when it comes to choosing the right people to do business with

Houston, we have a problem!

It seems my chicken saga will run and run.

At the end of the last episode, I found my neighbour in the field behind our house, emerging from the brambles and bushes around the edge with a chicken in her arms having spent 20 mins pursuing it.

Off she went to take it home and I thought that was the end of that.

I was wrong.

A couple of days later, my neighbour called at my house to update me on the saga.

She‘d returned the hen to its enclosure and thought nothing further about it.

But, a while later her husband went up to settle the hens for the night and met a hen wandering around in the garden. So, he let her in the gate and went to check on their food and water. Looking around he realised something was wrong.

He counted the chickens 4 times and, after coming to the same number each time, he went back down to the house and asked his wife:

“How many hens do we have?”

“8”, she replied.

“Oh, we have a problem. We have 9!”

It turned out that the hen she had pursued through the undergrowth was not theirs.

It belonged to another neighbour and had been missing for 3 weeks. Our neighbour had assumed it was hers as she had one that was always escaping.

Luckily, the result of this assumption had a happy ending. Hen returned safely to its rightful owner, and all was well with the chickens.

But making an assumption in your business, and in particular, in your marketing and advertising could have a very different outcome.

Don’t assume anything.

Whether that’s a data list purchased from a reputable broker is compliant for an outbound email campaign without doing due diligence, or the terms and conditions for your product promotion are fine without getting them legally reviewed. This is a dangerous proposition and could lead to an embarrassing and costly encounter with a regulator.

Get expert help to ensure your marketing is legal and provides the right impression to your customer and prospects.

Poor data management.

I was reading the results of a survey of 500 senior marketers on the use of data within marketing.

The results were disturbing

• 74% of those asked acknowledge they have organisational blind spots with their data which hamper their marketing activity.
• 61% don’t feel equipped to get the most out of the data they use for their marketing.

And poor quality data had caused

• Inaccurate targeting (30%)
• Lost customers (29%)
• Lost leads (28%)
• Wasted marketing costs (28%), and
• Reduced productivity (27%).

As the saying goes “Garbage in, Garbage out!”

It is therefore not surprising that if you work with poor-quality data, you will not achieve your marketing goals.

And using poor-quality data is an easy way to get the ICO’s attention.

An effective marketing campaign starts with good quality data. the prize draws and giveaways are just the decoration.

So, you can see that making sure you properly check the data you acquire for your next campaign is the best it can be – quality, not quantity – should be your number 1 priority.

This means proper due diligence, asking questions such as

• when was it collected,
• how was it collected,
• who collected it,
• what were individuals told their data was to be used for,

You need a set of questions to ask the supplier of the data and don’t be afraid of asking for proof. As the marketing sender, you will be responsible if there is a complaint.

So, if you want to make sure you are asking the right questions and the data you buy is good quality…

Such a captive audience

I’ve told you about my trip to Loughborough uni to drop my daughter off to begin her Fine Art studies.

It was hard work unloading the car and taking her stuff up to her flat. We only had 30 minutes to do this as we needed to move the car to make way for other parents.

We had help from some 2^nd year students, but after the 6^th and final journey, I was starving. It was now gone 2 pm and I hadn’t had so much as a bite to eat since I ate breakfast just before we left home.

On the way back to Maddy’s flat, we looked to see if we could get some lunch. There was nowhere open as far as we could tell.

I asked one of the 2^nd years:

“No nothing is open today, but we will get dinner this evening”.

Well, that was just great. Maddy is in a catered hall, which means she gets 2 meals a day during the week, so she was fine because she could grab a snack from the food we had brought with her and wait for dinner.

I, on the other hand, had a 2 hour drive home!

This got me thinking – how many other parents would be in the same situation? Driven for hours and then lugged their offspring’s belongings to their accommodation.

They could have made a small fortune selling sandwiches and salads to hungry mums and dads.

A case of a lack of thought and planning. Surely someone would have realised this opportunity as part of the planning for the day.

My point?

Unfortunately, a lack of thought and planning can so easily happen in business.

For instance, a failure to think through the legal implications of your marketing can be costly. You may not receive a fine, but the adverse effect on your well-earned reputation could be the consequence of a lack of planning. So, if you want to properly plan and execute your marketing strategies, including ensuring the legal side is covered

As long as you comply with the rules.

QR codes have been around for a while, but their use has risen over the past few years. The direct response mechanism became popular during the lockdowns due to the pandemic, allowing brands to provide almost instant information about their offers that consumers find interesting.

But as with all your marketing and advertising, there are rules around this which need to be followed.

The ASA have codes that cover responsible advertising which apply to all ads wherever they are and in whatever format they are. Two areas that you need to consider when it comes to the use of QR codes are not misleading consumers about what they may find when they click the code and being careful if you sell sensitive products or adult-only ones.

One of the main code rules is not misleading consumers when advertising or marketing your products. You can mislead either by leaving out important information from your ad, or not being clear about what is included. So even if you are limited by space, you need to set reasonable customer expectations about what will happen if they scan the code.

You also need to be careful if you sell sensitive or adult only products.  Ads for products such as alcohol or gambling have their own set of rules to prevent them from appealing to or being seen by those under 18.

However, QR codes can appeal to children, especially when combined with interesting copy, so if you sell products that only adults can buy, you need to be careful in how you use the codes to ensure children are not taken via the links to inappropriate content. For example, a movie trailer teaser linking to a longer part of the film which contains adult themes.

QR codes can be an effective way to provide additional information on a product efficiently, while the customer is engaged and more likely to buy.

But it’s important to use them responsibly so you promote your brand and attract the right sort of attention.

I appreciate that it can be difficult to get to grips with what you can and can’t do when it comes to your marketing. You may have ideas for improving your brand’s presence in the market but have niggling doubts about whether this is compliant.

Wouldn’t it be great to discuss this with an expert and get straight answers so you can build your business?

The great chicken escape

The chicken saga continues.

You will remember one hen kept escaping from its enclosure. I had to go next door to retrieve her twice but then she started returning on her own when I went to tuck them up for the night.

Well, my neighbour returned from her holiday and everything was fine for a few days.

Then one evening my husband and I took our golden retriever Archie for his walk in the field at the back of our house.

As we came around the field, our neighbour emerged from the bushes and brambles that grow around the edge, with a chicken in her arms. She looked a bit dishevelled and had twigs in her hair.  She reminded me of David Bellamy but I didn’t say so!

She’d spent 20 minutes pursuing the chicken through the undergrowth, finally managing to drive it into a corner by a tree so she could grab it.

I’m so glad the hen hadn’t gone for this more extensive escape plan while I was in charge…

…although I’m sure Archie would have helped me catch it.

The lesson?

Unexpected things happen in life all the time and in business too.

Sometimes, no amount of careful planning can prevent the pull of human (or animal) nature.

There’s no rhyme or reason to how people may react to your business or to the advertising and marketing you put out there.

From your point of view, you’ve done nothing wrong, but people will complain about the most bizarre things, as it’s their interpretation.

And, as only 1 complaint is all it takes to trigger an Advertising Standards Authority investigation, you might find yourself experiencing a time-consuming and stressful encounter with the regulator. So, if you want the peace of mind that comes with knowing you have an expert in your corner should the worst happen

You may remember an earlier post about the confusion between marketing and service emails.

This matters because sending an email to customers that you think is a service message but is in fact a marketing one could be costly for your business.

Amex made this mistake and now Halfords have made the same costly error.

Amex got into big trouble when they sent 4 million messages in 2018 and 2019 to their customers believing them to be service messages.

You may remember, the emails detailed the rewards of using their card for online shopping and encouraged customers to download their app to make the most of their card.

They said clients would be disadvantaged if they were not aware of the best way to use their cards.

However, the ICO disagreed and fined them …

… £90,000!

Halfords have fallen into the same hole.

They sent nearly half a million emails telling customers about the Government’s “Fix your Bike” scheme. The scheme gave vouchers to cyclists towards repairs.

Halfords claimed they were acting in the public interest to support the scheme.

The ICO disagreed, saying the email was a marketing one, and fined them £30,000

These are pocket money to both Amex and Halfords, but I dare say a bit more painful for you.

You see, even marketers get confused about the rules on marketing emails and make the wrong call on a campaign, like those at Amex. 

The first step is to know the difference between a marketing communication and a service one.

Marketing has a very wide definition, and it can be very easy to think you are just being helpful to your customers by explaining the benefits of your product or service they have, but this will be marketing comms, not a service one.

On the other hand, if you have updated the terms and conditions of that product or service, then you need to tell your customers, and this will be a service message.

HOWEVER…

This is often not black and white, as both Amex and Halfords found out, so it’s important you get this right.

How can you make sure you get it right?

Consult an expert.

She realised her mistake

You may recall my email about my chicken-sitting responsibilities. One of the hens had escaped for the second time and had led me on a merry dance round next door’s garden before I could catch her.

Well, what happened next proves that hens as not as feather-brained as some people say.

The day after my hidden humiliation (well-hidden from humans at least, as only the hen saw me chasing her around the garden) I arrived to put them to bed.

What I found was 7 hens on the inside of the gate to their part of the garden and 1 hen on the outside!

She had obviously got out again and had spent the day in next door’s garden, but she had then found her way back – but not to where she should have been.

I opened the gate, taking care not to let the other 7 hens out, and she wandered in as if she owned the place!

And that was the pattern from then.

When I get there she is either waiting by the gate to be let in, or she comes running from next door when she hears me arrive.

I think I know why. When I go to tuck them up for the night, I take them a treat. Some lettuce, cabbage, cucumber, sweetcorn or a nice piece of melon.

These act in 2 ways:

1. It gives them a little something extra at bedtime, and
2. It persuades them to come into their enclosure where they have their hen house.

I shut the door so they can’t escape while I sort out their food and water.

The times when I have had to retrieve the hen from next door, she has missed out on these, as they were all gone by the time I  returned her to the coop. She has probably been told about this, so decided she didn’t want to miss out.

She now listens out for me and re-appears just in time.

We can all learn from our mistakes so we don’t repeat them.

But some business owners won’t try something new because of the fear of making a mistake.

Unfortunately, all too often this leads to doing what they’ve always done instead of exploring new and innovative ideas. And not taking that calculated risk with something new could adversely affect the company they’ve spent years building. Hell, it could even threaten its very future. So, if you want to try something new with your marketing but are hesitating because you are unsure of the dos and don’ts and fearful of making a mistake

Because so many break the rules!

Lead generation, or lead gen as it is colloquially known, has acquired a bad reputation. It is seen as “dodgy”, and “deceitful”, and those that operate in the sector have been described as “snake oil salesmen”!

Why is this?

The simple answer is that many companies have for years prioritised profit over privacy and sold peoples’ personal data to anyone who would buy it. (The other side of this coin is the “buyers” who don’t care where the data comes from – but that’s another email!)

Lead gen can be done legally, and when done so by a reputable company, using a variety of marketing techniques, it can attract and convert potential customers in your ideal audience – pre-qualified customers that want to buy what you sell.

One common method is to use ads on social media to drive traffic to a webpage where the prospect will leave their contact information.  For example, an ad for a funeral plan, and you click a link to a website landing page. Here there will be information about the plan and a contact form to complete if you’re interested.

The main problem with this?  Some lead gen companies fail to make it clear that they are acting on behalf of 3^rd party clients. Consumers believe they are giving their personal data to the lead gen company.

The ASA sees this as an issue and they have slapped companies undertaking lead gen for solar funding schemes and grants, and funeral plans, where there is no mention that the data will be shared with 3^rd party companies.

Remember it needs to be crystal clear right from the first communication who is actually collecting the personal data. No ifs, buts or woolly wording.  

As well as complying with the law, this also ensures that those leads are already positive to your brand, making them more receptive to your offers. So if you are a lead gen company and want help to make sure you get this right or want the benefits partnering with a lead gen company can bring

One of the trials of being a parent

The neighbours to one side of us are a family. There are 3 children, the youngest being 3 years old, Carlo.

He came round with his mum the other day to give us some eggs. They have 12 hens so they are never short of them.

Carlo handed over the eggs and we talked with his mum about his school, as he has just started at nursery. He is enjoying it but is so tied at the end of the day that there is no trouble getting him to bed.

After we finished talking, Carlo said:

“Do you know something…

… my mum and dad think you are bad neighbours!”

The expression on his mum’s face was priceless!

She was a little speechless at first, but then apologised and explained that he had half heard a conversation and misunderstood.

Kids are great at embarrassing their parents. I remember a number of occasions when my daughters did the same.

Children see the world differently from adults and will always interpret what they hear in their own way.

And differing views and misunderstandings happen in business too.

Colleagues can have different interpretations of a project brief and often, they’re easily resolved, but sometimes the consequences can be more serious.

For instance, differing views of what terms are necessary for a competition or a miscommunication which results in the copy for an advert not being checked can lead to an embarrassing encounter with the ASA.

Remember just one complaint can lead to an investigation. Even if there is an informal outcome, the time taken by you and your team to answer their questions will take you away from the day-to-day running of your business – time better spent building your brand.

That’s why having an expert on hand to ensure the process runs smoothly and within the rules is vital.

You pay your accountant to ensure your business finances are above board, why not pay a marketing law expert to ensure there are no mistakes or misunderstandings when it comes to your marketing and advertising? So if you would like piece of mind when it comes to promoting your business,