Express Opt-In Checkbox on Forms - CASL Compliance

[Ande_Kempf4]

Hello! I was wondering how you guys were handling a certain operating procedure for getting expressed opt-in for Canadian prospects. In my understanding, if you are obtaining expressed opt-in on the forms of your site, the opt-in question must be unchecked.

However, if the expressed opt-in question must remain unchecked at all times regardless if the prospect is a returning visitor who already has expressed opt-in, then doesn't that continuously allow prospects the opportunity to opt-in/out?

Let me know if I am wrong! If not, how are you getting around this? I was discussing with a colleague the possibility of creating a temp "Express Opt-in" field on forms thats purpose would be to only update the records real "expressed opt-in" if it is not yet marked, TRUE.

OR use progressive profiling for the Express Opt-In field on the forms. That way the Opt-In field is removed once it is filled out. However, I can imagine ways in which this could get messy. And to my knowledge, the expressed opt-in field is required to be on forms at all times. Again, let me know if I am wrong.

[Anonymous]

Hi Everyone,

Great work with the Visibility Rule based off the DateTime field being empty, really smart, however my concern is this.

We are taking this approach as well, but I do not want people from non-consent countries to see this checkbox (everyone outside EU/Canada). If we build the consent checkbox visibility based off the DateTime field being empty, then anyone in those non-consent countries will always see this, since consent is not required for them.

Does anyone know of a workaround other then setting a value such as, 01/01/1900 12:00 AM, as the "default" value in the DateTime field for all records that do not require consent?

Thanks!

[SanfordWhiteman]

Does anyone know of a workaround other then setting a value such as, 01/01/1900 12:00 AM, as the "default" value in the DateTime field for all records that do not require consent?

You might set such a value temporarily using JavaScript to trigger Visibility Rules, then remove it before the form is submitted.

When building systems, I'm wary of treating any actual date as a magic date-that's-not-a-date: a null/empty date is less confusing.

This has been a problem in the database world since time immemorial (pun intended!): a non-null date that means not-a-date is impossible. Even setting the BEGINNING_OF_TIME or END_OF_TIME supported by a database engine doesn't suffice, since that's the earliest/latest date that a field can hold, not outside the range. It may sound nitpicky but IMO the best way to is to not use a date at all if it's unknown or inapplicable.

[Grégoire_Miche2]

what's wrong with setting a default value for people who do not require consent ?

One of your issues will be to remove the consent box for totally unknown people, on their first visits (before they become known).

-Greg

[Dan_Stevens_]

+1  Not to mention, Australia is another country that requires explicit consent.

[Dan_Stevens_ · Accepted solution]

Hi Ande - When forms are used on Marketo LPs, we only show the opt-in checkbox if they've never opted in before - using visibility rules (every time someone opts in, we also capture opt-in date and opt-in program for auditing purposes):

We also have a series of smart campaigns that handle our opt-in process:

And if the form is embedded on a non-Marketo LP (which is most, in our case), we have a smart campaign that keeps them opted in:

[Tammy_Chan]

Hi Dan,

I like your suggested visibility rule here, I'm wondering though- does that mean you're showing this opt in question for those countries that are also not participating? - Not sure if its worth doing, but I originally only wanted to set the visibility so the opt in & privacy would only show if in these countries and the GDPR Consent date is empty, but doesn't look like this can be done because the statements work as an or.... thoughts?

[Dan_Stevens_]

Hi Tammy - we do this for everyone.  As we are a global organization, GDPR is essentially going to be global law for us.  It's just too risky to use a person's "country" value as the identifier on whether or not GDPR applies to them.  Not to mention, over time, this will ensure we are only marketing to an engaged audience (and limiting the amount of spam/unsolicited emails we send out).  Quality vs. quantity.

And no, you cannot use advanced filtering like that within the visibility rules.  You'll need some custom javascript to listen for when someone selects their country from the form.

[Ande_Kempf4]

Thanks Dan Stevens! Earlier today I set up a similar opt-in process that stamps the records date/time and form/webpage the expressed opt-in was given. However, I was still unsure about the checkbox visibility. Good call on using the opt-in date as the filter for the checkbox visibility -  I will use that too! The majority of the LPs we have are in Marketo except maybe three. Thanks for the tip on keeping the opt-in value persistent. I will use this!

Do you provide the opt-in checkbox on all of your forms?

[Grégoire_Miche2]

Nice one, Dan!

-Greg

[Dory_Viscoglio]

I'd go the route of only showing the box if they weren't opted in. Once they're opted in, you aren't changing their preference by them filling out a new form, so I don't think it needs to be included on every form. Also, if they fill out a form with the checkbox and don't check it, that could get more messy as far as feeling like they've "opted out" or at least not opted in.

[Grégoire_Miche2]

Hi Dory,

I am not a specialist of the Canadian law, but in Europe, no Opt-in = Opt-out.

Also, there is no simple way to hide the optin field is the person is opt-in. You will have to go through either some JS dev or dynamic content. Dynamic content, in large teams, is error prone (sooner or later, someone will forget to set it), therefore, I would go for a custom JS that hides the opt-in field.

We also have to check whether or not you are supposed to ask for content each time someone fills out a form.

-Greg

[Dory_Viscoglio]

Yeah, I'm not sure of the exact law, but I think we're saying the same thing... only add the checkbox when you want them to have the option to opt in or out.

But I agree with Dan, it's relatively simple to have the field only show if someone is not currently opted in.

I love that we're having all of these discussions! Now, if I could only get our web team to add these checkboxes to our forms... Apparently it's coming with our new website rollout. Until then, we're very limited in terms of how we're able to get express consent from people who request content from us 😕

[Grégoire_Miche2]

Hi Dory,

Have them remember that the GDPR comes to live in the EU. It is extra-territorial, meaning it applies to every company that does business in the EU, wherever their HQ are located. and the penalties are huge.

Some of EU countries such as France or GB (although GB will leave the EU, the GDPR will come to application before their leaving, ) were under the opt-out rule for B2B until now. Now marketers in these countries have to start opt-in in all their database before the cut-off (end of april 2018). After that date, all their non-opt-in DB will become unmarketable. I expect these companies to lose between 70% and 80% of their DB (for the best ones). The ones that do nothing about it will lose 100% of it.

-Greg

[Dory_Viscoglio]

Well, these nightmares should hold me over for at least the next month That'll be the next thing I tackle.

[Ande_Kempf4]

You and Juli James are both probably right that the checkbox can be hidden is the value is not null.

[Julz_James]

I would leave the checkbox unticked on all forms, but have a field that date stamps when the check box was originally checked.  As long as you have proof of when they first opt'd in, you can continue to email them until they then opt-out as far as I'm aware.

I don't think they have to opt in each time they fill in the form?

Thanks

Julz