Direct marketing quiz - FINAL

Direct marketing quiz

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1/5

Question 1

Which of the following is/are likely to be categorised as “marketing communications”?

All of the above

E

Communications about special offers on new products being offered by a company.

A

Communications from a university to its alumni to ask for donations.

B

Communications from a GP inviting patients to a healthy eating event.

C

Communications from a Regulator promoting its annual report launch.

D

1/5

All of the above. Although the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations do not clarify what is meant by “advertising or marketing materials”, the Information Commissioner’s Office has stated this is interpreted widely and covers any advertising and marketing material, not just commercial marketing. It includes the promotion of aims and ideals as well as advertising goods or services.

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2/5

Question 2

An email newsletter promoting the work of a political party sent to particular email accounts.

a

An SMS sent to invite someone to attend a political rally.

D

A phone call to encourage a customer to renew their soon-to-expire magazine subscription.

c

A pop-up banner appearing to all website visitors to promote a new product.

B

Which of these are not a form of direct marketing?

2/5

A pop-up banner appearing to all website visitors to promote a new product. This is not “directed to” particular individuals – it is indiscriminate blanket marketing and does not therefore fall within the definition of direct marketing.

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3/5

Question 3

Yes

a

No

B

Do you always need consent to send a direct marketing email?

3/5

No. You do not need consent to send direct marketing emails to corporate subscriber accounts (business email addresses, such as joe.bloggs@mills-reeve.com). You do not need consent to send direct marketing emails to individuals whose contact details have been obtained through the “soft opt-in” process. In both those scenarios, direct marketing emails may be sent on the lawful basis of “legitimate interests” (provided those interests are not overridden by the interests/rights of the individual recipient(s)).

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4/5

Question 4

The recipient of the direct marketing communication must have actively opted-in (eg you must not have used a pre-ticked box).

C

You must have obtained the contact details in the course of a sale, or negotiation of a sale, of a product or service.

A

You must be promoting your products and services only and they must be similar to those that the recipient of the direct marketing communication has previously bought, or negotiated with you about.

B

Which of these statements is not relevant to the application of the “soft-opt-in” that may be relied on to send direct marketing communications?

You must have given the recipient of the direct marketing communication the opportunity to refuse or opt-out of receiving direct marketing emails/texts at the time their details were initially collected.

D

You must give the recipient of the direct marketing communication the opportunity to refuse or opt-out of receiving direct marketing emails/texts in every communication.

E

4/5

The recipient of the direct marketing communication must have actively opted-in (eg you must not have used a pre-ticked box). The “soft opt-in” allows you to send direct marketing emails/texts to people without needing their consent, and without needing them to take any clear affirmative action…provided that all the other statements are satisfied.

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5/5

Question 5

You can make a telephone call to a number that is not registered with the Telephone Preference Service (TPS) or the Corporate Telephone Preference Service (CTPS) without consent.

B

You can make telephone calls for marketing purposes to anyone on the basis of “legitimate interests”.

A

Automated marketing calls can only be made where valid consent has been obtained beforehand.

c

Which of the following statements is incorrect?

5/5

You can make telephone calls for marketing purposes to anyone on the basis of “legitimate interests”. This is incorrect, because you must not make a marketing call to a telephone number that has been registered with the Telephone Preference Service (TPS) or the Corporate Telephone Preference Service (CTPS) without specific consent from subscriber. You can make a telephone call to a number that is not registered with the Telephone Preference Service (TPS) or the Corporate Telephone Preference Service (CTPS) without consent, provided that the subscriber has not previously objected to you using their telephone contact details for marketing purposes.

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