1. http://www. activistpost
Being connected to the largest information database in the world does come at a price.
Presenter: Gloria Lau – Client Relations Manager
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2. This is what we’ll be discussing:
More access, less privacy.
Recipients’ Perception.
VPN use in 2017
Data Privacy Programs
CAN-SPAM
Privacy Shield
Third Party Arbitration
Penalty Examples: Germany and China
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3. More access, less privacy.
As of January 2017, 50 percent of the global population has access to the internet. While some see loss of privacy as a necessary evil, other internet users see it as an abuse which they are trying to eliminate, or at least minimize through different approaches.
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4. Recipients’ Perception
More than 95% of consumers surveyed in a recent poll said they were either somewhat concerned or very concerned about how companies use their data.
This is troublesome because trust is the base of your relationship with your prospective students.
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5. VPN use in 2017 VPN use and data privacy have strong correlations.
VPNs make it much more difficult for hackers and/or 3rd parties to track online activities.
They also make it harder for you to track your recipients’ habits.
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6. Data Privacy Programs CAN-Spam Privacy Shield
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7. CAN-SPAM: What is it?
CAN-SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing) is an act that was passed in 2003.
That's right, they looped us in with pornographers.
That act is a law that establishes the rules for commercial and commercial messages, gives recipients the right to have a business stop ing them, and outlines the penalties incurred for those who violate the law.
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8. CAN - SPAM Include your valid physical postal address.
DOs
Include your valid physical postal address.
Provide a clear and obvious way to opt out of every you send.
Honor the unsubscribe within 10 business days.
Do use clear "From," "To," and "Reply to" language that accurately reflects who you are.
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9. CAN - SPAM Sell or transfer any email addresses to another list.
DON’Ts
Sell or transfer any addresses to another list.
Make it hard to unsubscribe from s.
Use deceptive subject lines in your s that misrepresent the contents of your message.
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10. Privacy Shield: What is it?
The Privacy Shield Framework operates as a set of rules governing US businesses with European operations. It allows businesses to do two things:
Self-certify that they are agreeing to the Privacy Shield Framework
Promote themselves and their adherence to the Privacy Shield Principles
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11. Privacy Shield Program – Legal Rights
Bring a complaint directly to a Privacy Shield participant and have a response within 45 days.
Privacy Shield participants must provide, an independent recourse mechanism by which each individual’s complaints and disputes can be investigated and expeditiously resolved.
Department of Commerce has committed to receive, review and undertake best efforts to facilitate resolution of the complaint and to respond to the DPA within 90 days.
The U.S. Federal Trade Commission (FTC) has committed to work closely with the DPA to provide enforcement assistance.
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12. Privacy Shield program – Legal Rights
The FTC has committed to vigorous enforcement of the Privacy Shield Framework.
EU individuals are able to pursue legal remedies through private causes of action in U.S. state courts, including private causes of action for misrepresentation and similar types of claims.
Privacy Shield participants must also commit to binding arbitration at the request of the individual to address any complaint that has not been resolved by other recourse and enforcement mechanisms. 
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13. Third Party Arbitration - DMA
DMA (Data & Marketing Association) self-regulatory guidelines are an effective alternative to needless or restrictive regulation.
Flexible enough to address ongoing changes in technology, markets, consumer interest and new business practices.
The DMA Ethics Policy and Ethics Operating Committees regulate data privacy complaints.
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14. Penalties: Germany Penalties are steep for those who don’t comply:
€50,000 for small violations, and from €250,000 per violation to €300,000 for more serious violations of the law.
A company that makes a profit that exceeds the fines it would typically pay from a violation of this law will now have to pay higher penalties in direct relation to the gains.
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15. Penalties: China Penalties of Up to $4,500 per Email
The act of violation of these regulations is subject to a penalty of more than $1,500 or 10,000 Yuan.
The amount of fine is increased thrice, which amounts for over $4,500 if the act of violation involves ‘unlawful proceeds’ according to the Chinese definition.
Thus, a tobacco site forwarding one million s in China would be a subject to the penalty of more than US $4.5 billion.
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16. Bottom Line Thank you and safe Marketing!!
The cost of non-compliance is high. Do your homework, and know that you are responsible for working with complying companies.
Thank you and safe Marketing!!
Presented by: Gloria Lau – Client Relations Manager
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