16 Replies Latest reply on Apr 10, 2018 8:29 AM by Dan Stevens

    Express Opt-In Checkbox on Forms - CASL Compliance

    Ande Kempf

      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.

        • Re: Express Opt-In Checkbox on Forms - CASL Compliance
          Juli 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

          • Re: Express Opt-In Checkbox on Forms - CASL Compliance
            Dory Viscogliosi

            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.

            • Re: Express Opt-In Checkbox on Forms - CASL Compliance
              Dan Stevens

              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:

               

               

              6 of 6 people found this helpful
                • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                  Ande Kempf

                  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?

                  • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                    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?

                      • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                        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.

                    • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                      Tom Keefe

                      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!

                        • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                          Grégoire Michel

                          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

                          • Re: Express Opt-In Checkbox on Forms - CASL Compliance
                            Sanford Whiteman

                            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.