Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

I guess the question is "can we refuse service to someone who hasn't consented"?

In my opinion, refusing service is the only thing we can do unless someone completely and totally opts-in.

People need to know what they're signing up for - tracked Munchkin, tracked emails, stored data, etc.

If we can't refuse service to people who don't agree to tracked emails and stored data, then we are in a pickle. We can't send one person an email that isn't tracked, and another person an email that is. You're either in or you're not with the Marketo tool the way it is currently built and designed.

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

Sending tracked and untracked links is exactly what we're doing...

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

per asset, not per person.

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

You don't need to send 2 links to the same person... if you don't know someone's consent status, send them the untracked link because they're assumed to not have consented, and give them the option upon clicking. What's the other case? You can't use the click itself as consent, that's clearly in violation.

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

I'm not sure we're talking at each other.

Person A consents to be in our database but chooses to opt-out of email tracking.

Person B consents to be in our database and chooses to opt-in to email tracking.

Person A and B both qualify for our send campaign. It is impossible* to send them the same asset but have one person tracked and the other not. (It is burdensome to develop two pieces of content, one specifically designed for untracked links).

Ergo, we needed Person A to choose to opt-in to email tracking or else we can't send them emails.

*OOB

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

I guess with your *OOB that makes sense. But since we tokenize content anyway, we now just use a Velocity token -- done!

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

what's the gist of that approach?

#if ( $opted-in-to-email )

<a href="$token-link-1">

#else

<a href="$token-link-1" class="mktNoTrack">

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Level 10 - Champion Alumni

Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

Change “opted-in-to-email” to “opted-in-to-be-tracked/processed”. If they haven’t opted in to email, you’re not sending them any email.

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Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

Yep, or with less repetition:

#set( $canBeTracked = $convert.toNumber("0${lead.canBeTracked}") )

<a class="$display.message( "{0,choice,0#mktNoTrack|1#}", $canBeTracked )" href="${link}">Le Click, C'est Chic</a>

Note that #if($opted-in-to-email) won't work with Marketo boolean fields (exported as strings in VTL) because all strings are boolean true.

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Level 6 - Champion

Re: Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action

This is interesting. Same question. Should we all be setting up two download emails, one with tracking and one without tracking per asset. (If now, we send download emails as a way to send the actual asset?) At my previous company, we just linked directly to the asset after the person filled out the form, so we didn't have to do download emails. I wonder if more people are going to move to that model.