Shops sending you market emails after you've given email for a receipt

lifeandtimes

Hey,

I've been trying to figure this out and thought I'd ask her.

Shops have starting asking people for their email address to send receipts of purchases etc. I've noticed however that I am now receiving marketing emails with promotions and offers from these shops.

When giving my email I wasn't asked was it ok to send these type of emails to me, just the receipt.

So my question is, is this a data protection breach as I gave them the email address for receipt only or do I have no leg to stand on as I waive this right when giving it to them?

I know utility companies can email bills to you but they ask about marketing preferences when you sign up so this is different.

P.s also I'm aware this is a non issue and one can easily unsubscribe but I'm opening this thread for the discussion of the legal side of this

Rubberchikken

I always say no to email receipts. Guessed it was an opening to junk mail��

the_pen_turner

Iv seen when you ask about something and they ring you back that you end up on their text spam list

GerardKeating

lifeandtimes wrote: »

Hey,

I've been trying to figure this out and thought I'd ask her.

Shops have starting asking people for their email address to send receipts of purchases etc. I've noticed however that I am now receiving marketing emails with promotions and offers from these shops.

When giving my email I wasn't asked was it ok to send these type of emails to me, just the receipt.

So my question is, is this a data protection breach as I gave them the email address for receipt only or do I have no leg to stand on as I waive this right when giving it to them?

I know utility companies can email bills to you but they ask about marketing preferences when you sign up so this is different.

P.s also I'm aware this is a non issue and one can easily unsubscribe but I'm opening this thread for the discussion of the legal side of this

Which outlets are doing this, when I got email receipts from Halfords and PC World, they stressed that it would not be used for spam, and seem to have kept this promise, but had to tell with Halfords, since i had already signed up for email before.

Sleeper12

GerardKeating wrote:

Which outlets are doing this, when I got email receipts from Halfords and PC World, they stressed that it would not be used for spam, and seem to have kept this promise, but had to tell with Halfords, since i had already signed up for email before.

Maplins asked for my email address for the receipt and promised they did not store email addresses. Guess what? I started getting emails from them.

OU812

You know you can unsubscribe, right?

They've most likely covered themselves in the small print of the email receipt, which you didn't read because, well, who does...?

It's only email. Click the little unsubscribe link & start worrying about other stuff.

Tea-a-Maria

This is covered off by the E-Commerce Regulations 2011, in particular, Regulation 13(11):

(11) A person who, in accordance with the Data Protection Acts, obtains from a customer the customer’s contact details for electronic mail, in the context of the sale of a product or service, shall not use those details for direct marketing unless—
(a) the product or service being marketed is the person’s own product or service,
(b) the product or service being marketed is of a kind similar to that supplied to the customer in the context of the sale by the person,
(c) the customer is clearly and distinctly given the opportunity to object, in an easy manner and without charge, to the use of those details—
(i) at the time the details are collected, and
(ii) if the customer has not initially refused that use, each time the person sends a message to the customer,
and
(d) the sale of the product or service occurred not more than 12 months prior to the sending of the direct marketing communication or, where applicable, the contact details were used for the sending of electronicmail for the purposes of direct marketing within that 12 month period.

https://www.dataprotection.ie/documents/legal/SI336of2011.pdf

So basically, unless you specifically object at the point of sale, retailers can send an initial email to you after the sale, but if you unsubscribe and they keep sending marketing emails, then they're in trouble.

lifeandtimes

OU812 wrote: »

You know you can unsubscribe, right?

They've most likely covered themselves in the small print of the email receipt, which you didn't read because, well, who does...?

It's only email. Click the little unsubscribe link & start worrying about other stuff.

Did you read my op?

lifeandtimes wrote: »

P.s also I'm aware this is a non issue and one can easily unsubscribe but I'm opening this thread for the discussion of the legal side of this

Im opening up a forum of discussion regarding the legality of it. My point is also I was not advised this would happen. Data protection states you need to opt into marketing but for a receipt purposes I have my email to help save on paper and this is what happened

Halfords yes is one, lifestyle sports is another. Some phone and tablet accessories shops.

I love Sean nos

OU812 wrote: »

They've most likely covered themselves in the small print of the email receipt, which you didn't read because, well, who does...?

Which the OP doesn't have until after he's handed the email address over. Seems too late.

lifeandtimes

Tea-a-Maria wrote: »

(c) the customer is clearly and distinctly given the opportunity to object, in an easy manner and without charge, to the use of those details—
(i) at the time the details are collected,

I was not given the opportunity at the time nor was I advised at the time this could happen so it seems they would be in breach based on this

hullaballoo

Moderator: The OP has set out that this is a thread fire discussion on the legality of a specific practice, which is exactly what this forum is for. Unless you have anything to add to the legal discussion of the point, refrain from posting.

Any more "let it go...", "just unsubscribe..." or other posts that fall to engage with the legal aspects of the thread topic will receive cards etc.

kimokanto

I was asked in Lifestyle sports for my email for the receipt & I refused as I expected spam/marketing sh1tè. I was reassured there'd be none but I 'd be interested to hear if others were sent marketing information from them afterwards? This seems to be a marketing tactic by retailers, bit sneaky really.