The Agora Legal Stance as of 2017-06-30

From: Nicole Sullivan
Sent: Friday, June 30, 2017 8:26 AM
To: Enrico Capitan <ecapitan@pubsvs.com>; Tracey Crawford <tcrawford@pubsvs.com>; Martin Lannon <MLannon@PubSvs.com>
Subject:
Sensitivity: Confidential

Good morning,

Thanks so much for all your help yesterday. As far as our legal policy goes, I’ve sent the attached memo around this morning (so far to Sov/Dent, INH, NMH, OC, AF, MMP and with a special note to Legacy since they have different rules apply to them). This stance puts us in a more aggressive position and only requires that we try to get additional consent from paid Canadian names who are over two years since their last activity with us. It allows us to keep our eletter lists whole without purging Canadians or reaching back out to them for additional consent. So, I’m hoping this makes the last minute scramble today easier. I imagine there will still be some questions about reaching out to that select group today and how to capture and keep the click info when they opt back in, so I’ll lop you in for those questions.

Thanks again,

Nicole

From: Tracey Crawford
Sent: Friday, June 30, 2017 8:46 AM
To: Nicole Sullivan <nsullivan@14west.us>; Enrico Capitan <ecapitan@pubsvs.com>; Martin Lannon <MLannon@PubSvs.com>
Subject: RE:
Sensitivity: Confidential

Nicole,

Thank you for the memo.  Can you tell me exactly what information we need to store in our system to show proof of consent?  I know we need to store the email address and the date of the signup, but what other information do we need to store?

Thanks,

Tracey

From: Nicole Sullivan
Sent: Friday, June 30, 2017 9:54 AM
To: Tracey Crawford <tcrawford@pubsvs.com>; Enrico Capitan <ecapitan@pubsvs.com>; Martin Lannon <MLannon@PubSvs.com>
Subject: CASL
Sensitivity: Confidential

Sure. When we send out the emails to paid customers who are two years since the date of their last paid interaction and we ask them to opt in, we want to store the name and email address of the recipient and the email content we sent to the recipient containing the link to opt in, the date and time the link was clicked and the IP address the recipient used to click the link. Similarly, if a person is opting into a  free eletter from the sidebar on a webpage, we want to keep the language we are displaying to them when they click, their click time and date, IP address, email address and name (if they give it). I’m hearing from some groups that the IP address we capture when links are clicked are not necessarily the true IP address of the individual who clicked but that there is some issue with how traffic is managed and new IPs assigned to groups—clearly I do not understand all this but we need to do the best we can to keep records of what we are able to capture. Both of these clicks gives us express consent to mail to them forever, until they opt out, so we want to keep records for as long as we mail to them. Give me a call if I misunderstand your question or if we should talk through any of this.

Just FYI, some groups are starting to ask for more clear directives, so I am basically telling them this:

• Today, if at all possible, reach out to those paid subs 2 years past their last issue delivery to offer them the chance to opt in to continue to receive your mailings. Make sure you are working with Pub Svs or have another method to capture the click info if they do opt in. We want to retain those records indefinitely since this form of consent does not expire and we can keep using the names until they opt out as long as we are able to keep records of the consent. We will want to retain the name and email address of the recipient and the email we send to the recipient containing the link to opt in, the date and time the link was clicked and the IP address the recipient used to click the link.
• As soon as possible but not necessarily today, look at your eletter lists and remove any Canadians who have not opened messages from us for 6 months. This will greatly reduce our risk since it’s people complaining that will trigger a claim brought by Canada.
• As time allows, update the disclosures where you gather new free eletter names to say with greater transparency what the address will be used for. We want to give ourselves the most flexibility to use the names for marketing, across affiliates, add them to new eletters you might introduce in the future, etc. so try to contemplate all the ways you hope to use the name and craft language to suit those goals. The disclosure should be above the space for entering the email.
• As time allows, update order forms so that we can continue to send cart abandon emails to Canada. To be compliant, we need to ask the person to enter their email early on, include the disclosures as I mention above, and ask them to click “submit” or something similar so that we can argue there was consent to be added to our list even though the transaction was not completed.