Any business owners aware of marketting laws? (Texts/letters etc)

Vegeta · 23 Jan 2015 at 08:52

Hi guys.

I own a small fast food shop and i've built up a considerable database of addresses and mobile phone numbers I would like to market to. I've googled marketing laws but I find them a bit iffy some resources say one thing and another place says another.

Basically my addresses and contacts are all previous customers they have ordered from us. Am I able to send marketing text messages (allowing them to opt out) and send letters/offers to their homes? (Once again allowing them to opt out).

There's a bit of confusion on my end simply because in most instances customers have to 'opt in' unless you have got their details as a previous customers and are offering them a deal similar to what they've previously had from you - so it essentially appears they are automatically opted in but have to 'opt out'.

Could someone clarify? I'm sure there are many business owners on here who have marketed in similar ways.

Hussman · 23 Jan 2015 at 08:54

Suggest you spell check any marketing (one t) you might be sending.

Spook187 · 23 Jan 2015 at 09:03

Don't even go down the road of marketing text messages, i find those totally intrusive and would not buy from a company that does this.

RDM · 23 Jan 2015 at 09:05

When you were collecting the customer information did you inform them that you would be keeping it and using it for marketing purposes?

Have you also considered your responsibilities under the Data Protection Act?

edscdk · 23 Jan 2015 at 09:13

either your food is good and they continue to buy or its rubbish and they will not contact you again?

Good looking mass drop flyer is surely your best business getter?

Im no fast fod business running but I visit a lot of houses and I often see the fast food flyer's stashed by peoples phones...

Vegeta · 23 Jan 2015 at 09:18

Thanks for answering the question guys much appreciated...

Mynight · 23 Jan 2015 at 09:22

How did you collect this information you say from previous orders but was that an online system?

If it's phone based I don't think you'd be able to class it as opted in. In fact I'm not even sure you're legally allowed to store their data unless you specifically asked.

As a work around you could consider using the database to send leaflets to previous customers as long as you don't address them specifically. You have the knowledge they've ordered from you previously so they're interested in the product but you won't technically breech the law. You could then start a new database with customers that you have specifically asked if they don't mind. After which you'd be free to send them targeted marketing.

Vegeta · 23 Jan 2015 at 09:31

Thanks Mynight.

We use epos systems that automatically store the data - a lot of places use these so i'd be surprised if it was illegal to store their data although not completely shocked (laws do change).

I think i'll avoid SMS just seems like a mine field although a lot of customers collect so unfortunately they'll miss out on offers if they don't follow us online as I don't have their address details.

Rotty · 23 Jan 2015 at 09:32

Spook187 said:
Don't even go down the road of marketing text messages, i find those totally intrusive and would not buy from a company that does this.

same here, if they did that to me I wouldn't buy from them again

Mynight · 23 Jan 2015 at 09:42

Vegeta said:
Thanks Mynight.

We use epos systems that automatically store the data - a lot of places use these so i'd be surprised if it was illegal to store their data although not completely shocked (laws do change).

I think i'll avoid SMS just seems like a mine field although a lot of customers collect so unfortunately they'll miss out on offers if they don't follow us online as I don't have their address details.

I think it's best to do that.

It might scare some customers off but an auto phone answering could says calls and data may be recorded for marketting and training. That way if they stay on the phone they've opted in. However you're bound to lose a few customers that way

.

I could be wrong on the data account as I've never had to deal with data obtained via phone calls. My knowledge is online where it has to be mentioned in the T&Cs and you have to give them the ability to opt out.

Hades · 23 Jan 2015 at 09:43

Anyone cold texts me they get filed under "use their competitor".

Vegeta · 23 Jan 2015 at 09:47

Rotty said:
same here, if they did that to me I wouldn't buy from them again

Hades said:
Anyone cold texts me they get filed under "use their competitor".

OK got the message

Do you know about online orders and email marketing Mynight? Do I require them to opt in? I don't use an account based system for my online ordering just a guest function where you fill out a form that auto-fills when they comeback. There is no 'Tick this box to opt in' function at the moment but I could add it (if required).

Mynight · 23 Jan 2015 at 09:51

The easiest one would be to add it to the T&Cs give an email address in there to opt out. That way everyone who uses it is auto opted in when they agree to the T&Cs. All emails sent must include a link to opt out of receiving further ones though.

If it's already in the T&Cs about marketting then you're good to go. If you have to add it all data previous to the change isn't usable.

Some companies use opt out via a tick box and the majority of people don't read it so you gain their details.

Seft · 23 Jan 2015 at 10:59

The relevant regulations are Privacy and Electronic Communications Regulations and The Data Protection Act. At a minimum, you should already be registered with the Information Commissioner's Office. They have some great guides to the relevant regs.

doofer · 23 Jan 2015 at 11:11

Do you work in Marketing? Kill yourself. With fire.

Mynight · 23 Jan 2015 at 11:13

Hussman · 23 Jan 2015 at 11:20

Mynight said:
I think it's best to do that.

It might scare some customers off but an auto phone answering could says calls and data may be recorded for marketting and training. That way if they stay on the phone they've opted in. However you're bound to lose a few customers that way .

I could be wrong on the data account as I've never had to deal with data obtained via phone calls. My knowledge is online where it has to be mentioned in the T&Cs and you have to give them the ability to opt out.

adolf hamster · 23 Jan 2015 at 11:20

i might suggest it would be a fruitless exercise anyway, these people have already bought from you, if they liked the food and the price they'll buy again, if they didnt then they wont.

you might want to focus efforts more on attracting new customers.

depending on your type of food, it might very much be a preference thing in the market, for example in my home town there's only 2 chippy's i ever go to because i beleive them to be the best, however thats just my ingrained family opinion and others i know preferr other venues in the same town.

Mynight · 23 Jan 2015 at 11:24

Hussman said:

Oops sorry. I need to reset my autocorrect again

.

Efour · 23 Jan 2015 at 11:29

a few impersonal "Dear valued customer you haven't ordered from us for a while ! " letters wouldn't hurt but any text messages would probably result in more lost customers.

I would respond positively to that personally.

Not what you wanted but some free market research.