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- You should use the field "Marketing suspended" rather than the "Email opt Out" (that is sync'ed with the Unsubscribed" field in Marketo.
- You might want to add the in a static list in Marketo and set up a smart campaign that monitors all the members of that list, and checks they remain "Marketing suspended" permanently. If you want the system to grow, you can use multiple static lists.
- For the yearly communication, you can use an operational email, that will be sent through even if the person is marketing suspended or unsubscribed.
I agree with Greg's suggestion, it's a much cleaner approach. The only thing I'd add to be aware of (which will be true whether you use unsub or suspend) is that any operational email which these people qualify for will be sent to them - e.g., operational form submission autoresponders, etc.
This isn't inherently bad - it's by design and in most cases what you would want to have happen. You'll just want to be aware of it in the odd case that it's not
To add to Greg and Grace's replies - you could take Greg's approach and then have your campaign that sends the yearly email look like this:
Static List(s) of Yearly Email Recipients
Change Marketing Suspended to False
Send Yearly Email
Change Marketing Suspended to True
That way if someone in the list actually unsubscribes, they won't receive the annual email (which they shouldn't, unless it truly qualifies as operational. The downside is that another email that they happen to qualify for could go out to them while Marketing Suspended is temporarily set to False. To overcome that, if you have "Marketable" segmentation that includes a segment for people that gets excluded from all email sends, you could add "member of list: annual email recipients" to that exclusion segment.