Privacy Notification and E-mail Policy Training

1. Privacy Notification and E-mail Policy Training Jill Hamman Manager, Marketing Communications June 23, 2004

2. What Is Marketing Privacy?

3. Key Features of Permission Marketing • Messages sent are anticipated • Customer indicates willingness to receive information on a particular topic • Message is welcomed • Customer wants the information • Message is relevant • Provides value to the customer

4. Why a privacy policy now? It’s the law! Everyone must be fully aware and fully compliant!

5. It’s The Law!! • CAN SPAM ACT OF 2003 • The CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act went into effect on January 1, 2004. This act requires unsolicited commercial e-mail messages to be labeled (though not by a standard method) and to include opt-out instructions and the sender’s physical address. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a “do-not-email” registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place.

6. CAN-SPAM Act • Creates uniform national standard for E-mail communications • Applies to all Commercial E-Mail Messages (CEM) • Applies to B-to-C and B-to-B communications • All CEM must include opt-out, physical address, and indication that the E-mail is a solicitation • Exception for transactional/relationship E-mail • Prohibits falsifying the origin or subject matter and/or being deceptive about the content

7. Who Does It Impact? • In a word … everyone • Anyone who creates and executes E-mail marketing campaigns • Includes 1:1 communication for solicitation and promotion of business and • E-mail “blasts” sent to multiple addresses in a personal Outlook contact list

8. Transactional vs. Commercial E-Mail • Transactional or Relationship E-mail is E-mail that: • Completes or confirms a commercial transaction that the recipient previously agreed to with the sender • Provides warranty, product recall, or safety information related to a product or service used by recipient • Provides account status information • Delivers goods or services, including product upgrades and updates • Confirms a recipient’s registration to an event, tradeshow or webinar or a thank you following the event • Commercial E-mail is E-mail that promotes, advertises, invites to an event, or offers for sale or lease commercial products or services. This Policy DOES NOT Restrict Transactional E-mail !!!

9. Sending Commercial E-mail • You can send Commercial E-mail IF: • There is clear and conspicuous notice of ability to opt-out • There is clear and conspicuous notice that E-Mail is an advertisement/solicitation • Recipient has provided Affirmative Consent to receive the E-mail OR recipient has not specified an opt-in or opt-out preference • “Unsubscribe” functionality/options are included: • Must include clear and conspicuous functioning return E-mail address or Reply/Remove function • Physical postal mail address

10. Dos and Don’ts for Commercial E-mail • Dos: • Accurately display point of origin (who it is from) • Be honest in subject line • Include a clear and conspicuous notice that the e-mail is an advertisement/solicitation • Include a clear and conspicuous opt-out option • Include a working “unsubscribe” process that enables the recipient to opt-out • Include a valid physical postal address for your company for the recipient to opt-out • Don’t: • Use false, deceptive or misleading subject or “from” line • Send the e-mail if you have previously received an opt-out request from the recipient • Send the email if it does not include the opt-out language and process

11. Commercial E-Mail Examples New Product Information Policy Applies! Trade Show Invitation

12. Commercial E-Mail – Header Requirements Wrong – Ambiguous, unclear, may be considered misleading Correct - Clear, concise • Once you have verified permission to send a commercial e-mail, you must: • Use a subject heading that reflects the content of the e-mail Example:

13. Commercial E-Mail – Footer Requirements • Example language to include in the footer of the commercial e-mail: • This e-mail includes advertising or promotional content. To change your e-mail preferences, please go to (insert your “unsubscribe” website location) . To unsubscribe via postal mail, please send the request to: (insert your postal mail address).

14. Customer Opt-out Requests • If you receive a reply e-mail with an opt-out request, immediately update your database to reflect this preference • Marketers must comply with customers’ request to opt-out of communications within 10 calendar days of the request. Failure to do is a violation of the law!

15. Key Points to Remember Permission to send e-mail has been validated Subject of E-mail is clear Standard footer • This e-mail includes advertising or promotional content. To change your e-mail preferences, please go to (insert your “unsubscribe” website location) . To unsubscribe via postal mail, please send the request to: (insert your postal mail address).

16. Contacts • If you need additional information, or assistance in creating email campaigns, contact: Jill Hamman Manager, Marketing Communications NAAO 585-423-5214 8*223-4214 Jill.Hamman@usa.xerox.com