More Rules and Regulations for Content Marketers

So, content marketers, let’s talk about the regulatory environment more broadly, because one thing is for certain: the web, as wild and woolly as online discourse may be, is no longer the Wild West. Online marketing is now being held to a much higher standard.

Privacy protection, accessibility, and copyright —  oh, my!

Last time around, we talked about data privacy regulations as they apply to non-transactional sites. As confusing a landscape as those regulations currently present, they’re not the only regulations with which you need to be aware and compliant.

So, let’s talk about the regulatory environment more broadly, because one thing is for certain: the web, as wild and woolly as online discourse may be, is no longer the Wild West. Online marketing is now being held to a much higher standard than it has been, so you’ll want to be sure you have a plan in place to build your site by the book and to remain compliant. Otherwise, you risk spending more time talking to lawyers than to prospects.

Accessibility

If you built your website without accessibility in mind, chances are you’re not going to be happy when your website developers tell you what it’s going to cost to make it compliant. In many cases, it can make more sense to start from scratch, given the investment involved.

On the plus side, the cost to design and build a new website with compliance in mind is only incrementally greater than building that same site without WCAG Level AA compliance as your goal.

There is some extra work to be done, but for the most part, compliance requires a change in mindset for designers and some slightly different coding tactics for the dev team. Once that’s in place, it’s really only a matter of making sure new content additions are made in a compliant manner. (Image alt tags must be included, for example.)

You’ll want to include an accessibility statement on your site that includes a way for visitors who are having trouble consuming your content to contact you and seek remediation.

Privacy and Data Protection

As we’ve discussed, you need a privacy policy and you need to abide by it. If you haven’t told people that you’re planning on selling their email addresses to the highest bidder, you probably can’t. (Regulations differ by jurisdiction and industry; check with a lawyer.)

Once you have a collection of data, you need to take steps to keep that data safe, both in storage and in any transmittal or other use. Again, your industry may have specific compliance standards that you have to meet, and you may need to document the protections you’ve put in place.

Copyright

If you don’t own it, don’t publish it. This should be obvious, but often marketers make mistakes that can be costly.

Images are the most common area where errors occur. Doing a web search and then publishing any old image you find is a recipe for disaster. Going through a respected stock image library and paying for the images you use is the safest approach.

If you’d prefer not to go that route, you can use the Google Advanced Image Search tool. It is an excellent way to search for images to use in your digital marketing if you filter to include only those that are “free to use, share, or modify, even commercially.”

Don’t even think about trying to use an image from a stock image library without licensing it. They can and will find you. They can and will demand payment, usually well beyond what the initial license would have cost. (Also worth noting is that technically, for most stock image libraries, any image you use should be licensed under your firm’s name rather than by your design agency. That approach is also just smart business, because you may not always be working with that design team.)

When copy is purloined, it’s even easier to track down. Even if you get away with it, the search engines may very well penalize you for publishing duplicate content. There are other ways to get on the search engines’ bad sides, so be careful if you’re republishing content from other sources, even if it’s content that you have the right to republish.

Finally, think twice before stealing code. It’s an open source world, but that doesn’t mean you’re free to take and use anything you find in your travels. At the very least, attribution may be required. Most code libraries, snippets, etc., may require license fees — regardless of how they’re used. Some require payment only if you want updates or support. This can be harder for marketers to police, so be sure to have a regularly scheduled review with your dev team.

Spend Time on This

These regulations — and whatever may be coming down the pike in the future — make investing in digital expertise ever more important. Your team needs the time and mandate to stay on top of what regulations apply to your business and best practices for remaining compliant.

1 Year Later: Gen Z College Students Weigh in Again on Personal Data Collection

Last February, I reported on some of the things my Gen Z students wrote in response to an assignment about who gains the most from the value exchange of convenience-for-personal-data. A year later, I gave the same assignment with the same supplemental readings to students, and the results were notably different.

Last February, I reported on some of the things my Gen Z students wrote in response to an assignment about who gains the most from the value exchange of convenience-for-personal-data between consumers and marketers.

A year later, I gave the same assignment with the same supplemental readings to a similar group of 40 students from Rutgers School of Business Camden, and the results were notably different.

Last year, I wrote, in “Gen Z College Students Weigh-in on Personal Data Collection — Privacy Advocates Should Worry”:

“Some Gen Zers don’t mind giving up their personal data in exchange for the convenience of targeted ads and discounts; others are uneasy, but all are resigned to the inevitability of it. However, the language they use to describe their acquiescence to data collection should be troubling to privacy advocates.”

This year’s students are far more concerned about the collection and sale of their personal data, but they are just as resigned to the inevitability of it. At the same time, some bask in the advantages it brings them and they’re sympathetic to the needs of marketers to provide a personalized data-driven experience to consumers.

The privacy concerns of the current group are more pronounced than the previous group.

“I used to believe that the consumer benefitted from the perks of technology. But more and more, I believe that marketers benefit more. Social media, search engines, TVs, refrigerators, Alexa or Google Home, Kinsa Thermostat are all ways that marketers can reach the consumer with things we use in our everyday lives. Some people don’t even realize they’re feeding right into it just by providing some information about yourself.”

Another wrote:

“Privacy has almost become a thing of the past. Places like our kitchens, bathrooms, and bedrooms have transformed from places behind closed doors to areas that are willingly shared with thousands of others on the receiving end of the data being collected for business purposes.”

Yet, like last year’s group, they are resigned to giving up personal data for access to information and services.

“Consumers are beginning to realize how often what they do, speak, and read are all being recorded. Personally, I’ve been more aware than ever of what is being tracked. I’m more aware of every ad I look at and every website I clicked on. This lifestyle is something that can’t be avoided.”

A common complaint involves the lengthy user agreements that consumers must accept to use web-based services and Internet-connected devices:

“This type of ultimatum often means that consumers regularly grant permission on their personal devices, rather than lose their access to a particular product.”

The proliferation of the Internet of Things may be behind much of the change in attitude since last year. (Caveat: I confess that I’ve warned about small sample sizes in the past [“Beware the Small Sample”]. I’m not drawing quantitative conclusions here, but rather reporting on a trend from qualitative research done with 40 students each year).

“Some people who purchase these tech-savvy devices often don’t understand the policies of the product. Understanding the policy and happily opting-in for your information to be used is one thing, but complying because you’re unsure is another. Did you know that brands can start tracking your information at the age of 13? How can a child understand the policy and process of how this works if a grown adult cannot?”

Another stated:

“The terms of agreement can exceed 10,000 words and not be accessible unless the consumer searches the web for it. Consumers don’t get the full story of how much the companies invade their personal lives. Even aspects like your political preference are being monitored and can aid in influencing your votes.”

One student is mounting a fierce resistance:

“I am one of those people that have a Post-it over the camera on my laptop. I shut off the location on my phone, even though I feel like it is being monitored without my consent a lot of the time. My smart TV is not connected to the Internet, and I rarely use streaming devices, such as Netflix or Hulu — if I do, it is usually on my computer. Devices like Google Home and Alexa completely freak me out and I do not believe I would ever purchase one for my home. Even some of the newer home security systems — like Xfinity Home or the video doorbell, Ring — introduce new ways for people to hack in and monitor your personal activity.”

Data leaks and potential misuse are another concern. One student worried about home assistant devices mishearing innocuous phrases as legitimate commands to record and send private conversations:

“Families could be going through a family matter and these devices are listening and recording what is being said. Next thing you know, it is being sent to your boss or colleagues who did not need to hear or know what is going in in the comfort of your home. Also, the refrigerators that know exactly what is inside can share this information with marketers who then share it with insurers who can possibly charge consumers more for unhealthy diets.”

But it’s not all gloom and worry. One student who recently booked a trip to Disney World was delighted by the collection and use of her personal data:

“Being able to get discounted magic bands and Disney exclusive accessories catered for my needs has been a huge bonus. This also benefits Disney, as they are getting my credentials and can alter their research based on my specific data. A part of the reason they are so successful is because of how personal they make the process feel. Even from the first search, they are there to help guide you and aid in your conversion to purchase. (They) get you to come back, because they have that initial information and the personal details of your preference.”

(BTW, how great is Disney? Offering discounts on those magic bands that they use to track your movement and purchases throughout the park. They not only get you to agree to it, they get you to pay for it and be grateful for the discount).

So the time may be right for privacy advocates to gain a foothold among the generation whose members have gone so willingly into the world of sharing personal data.

What Did You Do on Data Privacy Day 2020? Do Tell Us.

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions. As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights.”

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions.

As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights” and take advantage of tips and tricks for safeguarding their privacy and security. In our world of marketing, there are quite a few self-regulatory and co-regulatory tools (U.S. focus here) that enable choices and opt-outs:

  • To opt out of commercial email, direct mail, and telemarketing in certain states, consumers can avail themselves of DMAchoice. For telemarketing, they can also enroll on the Federal Trade Commission’s Do Not Call database.
  • For data collected online for interest-based ads, consumers can take advantage of Digital Advertising Alliance’s WebChoices and Network Advertising Initiative consumer control tools, which are accessible via the ubiquitous “AdChoices” icon. DAA also offers AppChoices, where data is collected across apps for interest-based ads. [Disclosure: DAA is a client.]
  • Now that California has a new consumer privacy law, consumers there can also take advantage of DAA’s new “Do-Not-Sell My Personal Information” Opt Out Tool for the Web. Its AppChoices mobile app also has a new CCPA opt-out component for “do not sell.” Publishers all over the Web are placing “Do Not Sell My Personal Information” notices in their footers, even if others outside California can see them, and offering links to their own in-house suppression lists, as well as DAA’s. Some publishers are using new the Privacy Rights icon to accompany these notices.

Certainly, businesses need to be using all of these tools — either as participants, or as subscribers — for the media channels where they collect, analyze, and use personal and anonymized data for targeted marketing. There’s no reason for not participating in these industry initiatives to honor consumer’s opt-out choices, unless we wish to invite more prescriptive laws and regulations.

We are constantly reminded that consumers demand high privacy and high security — and they do. We also are reminded that they prefer personalized experiences, relevant messaging, and wish to be recognized as customers as they go from device to device, and across the media landscape. Sometimes, these objectives may seem to be in conflict … but they really are not. Both objectives are good business sense.

As The Winterberry’s Group Bruce Biegel reported while presenting his Annual Outlook for media in 2020 (opens as a PDF), the U.S. data marketplace remains alive and well. For data providers, the onus is to show where consumer permissions are properly sourced, and transparency is fully authenticated and demonstrated to consumers in the data-gathering process. It’s a rush to quality. Plainly stated, adherence to industry data codes and principles (DAA, NAI, Interactive Advertising Bureau, Association of National Advertisers, among others) are table stakes. Going above and beyond laws and ethics codes are business decisions that may provide a competitive edge.

So what did I do on Data Privacy Day 2020? You’re reading it!  Share with me any efforts you may have taken on that day in the “public” comments below.

How New Data Protection Laws Affect Your Non-Transactional Website

Good news! Regulatory agencies are taking privacy policies and data protection more seriously than ever. Bad news! Regulatory agencies are taking privacy policies and data protection more seriously than ever.

Good news! Regulatory agencies are taking privacy policies and data protection more seriously than ever.

Bad news! Regulatory agencies are taking privacy policies and data protection more seriously than ever.

The increased regulatory activity is certainly good news for all of us as consumers. As marketers, that silver lining can be overshadowed by the cloud of fear, uncertainty, and doubt — to say nothing of the potentially enormous fines — attached to these new regulations. Let’s take a look at what your responsibilities are (or are likely to become) as privacy regulations become more widely adopted.

Before we begin: I’m not a lawyer. You should absolutely consult one, as there are so many ways the various regulations may or may not apply to your firm. Many of the regulations are regional in nature — GDPR applies to the EU, CCPA to California residents, the SHIELD Act to New York State — but the “placelessness” of the Internet means those regulations may still apply to you, if you do business with residents of those jurisdictions (even though you’re located elsewhere).

Beyond Credit Cards and Social Security Numbers

With the latest round of rules, regulators are taking a broader view of what constitutes personally identifiable information or “PII.” This is why regulations are now applicable for a non-transactional website.

We are clearly beyond the era when the only data that needed to be safeguarded was banking information and social security numbers. Now, even a site visitor’s IP address may be considered PII. In short, you are now responsible for data and privacy protection on your website, regardless of that website’s purpose.

Though a burden for site owners, it’s not hard to understand why this change is a good thing. With so much data living online now, the danger isn’t necessarily in exposing any particular data point, but in being able to piece so many of them together.

Fortunately, the underlying principles are nearly as simple as the regulations themselves are confusing.

SSL Certificates

Perhaps the most basic element of data protection is an SSL certificate. Though it isn’t directly related to the new regulatory environment it’s a basic foundational component of solid data handling. You probably already have an SSL certificate in place; if not, that should be your first order of business. They’re inexpensive — there are even free versions available — and they have the added benefit of improving search engine performance.

Get Consent

Second on your list of good data-handling practices is getting visitor consent before gathering information. Yes, opt-in policies are a pain. Yes, double opt-in policies are even more of a pain — and can drive down engagement rates. Both are necessary to adhere to some of the new regulations.

This includes not only information you gather actively — like email addresses for gated content — but also more passive information, like the use of cookies on your website.

Give Options

Perhaps the biggest shift we’re seeing is toward giving site visitors more options over how their PII is being used. For example, the ability to turn cookies off when visiting a site.

You should also provide a way for consumers to see what information you have gathered and associated with their name, account, or email address.

Including the Option to Be Forgotten

Even after giving consent, consumers should have the right to change their minds. As marketers, that means giving them the ability to delete the information we’ve gathered.

Planning Ad Responsibilities For Data Breaches

Accidents happen, new vulnerabilities emerge, and you can’t control every aspect of your data handling as completely as you’d like. Being prepared for the possibility of a data breach is as important as doing everything you can to prevent them in the first place.

What happens when user information is exposed will depend on the data involved, your location, and what your privacy and data retention policies have promised, as well as which regulations you are subject to.

Be prepared with a plan of action for addressing all foreseeable data breaches. In most cases, you’ll need to alert those who have been or may have been affected. There may also be timeframes in which you must send alerts and possibly remediation in the form of credit or other monitoring.

A Small Investment Pays Off

As a final note, I’ll circle back to the “I’m not a lawyer” meme. A lawyer with expertise in this area is going to be an important part of your team. So, too, will a technology lead who is open to changing how he or she has thought about data privacy in the past. For those who haven’t dealt with transactional requirements in the past, this can be brand new territory which may require new tools and even new vendors.

All of this comes at a price, of course, but given the stakes — not just the fines, but the reputational losses, hits to employee morale, and lost productivity — it’s a small investment for doing right by your prospects and customers.

Data Will Lead Marketers Into a New World in 2020

What will be so different in this ever-changing world, and how can marketers better prepare ourselves for the new world? Haven’t we been using data for multichannel marketing for a few decades already?

The year 2020 sounds like some futuristic time period in a science fiction novel. At the dawn of this funny sounding year, maybe it’s good time to think about where all these data and technologies will lead us. If not for the entire human collective in this short article, but at the minimum, for us marketers.

What will be so different in this ever-changing world, and how can marketers better prepare ourselves for the new world? Haven’t we been using data for multichannel marketing for a few decades already?

Every Channel Is, or Will Be Interactive 

Multichannel marketing is not a new concept, and many have been saying that every channel will become interactive medium. Then I wonder why many marketers are still acting like every channel is just another broadcasting medium for “them.” Do you really believe that marketers are still in control? That marketers can just push their agenda, the same old ways, through every channel? Uniformly? “Yeah! We are putting out this new product, so come and see!” That is so last century.

For instance, an app is not more real estate where you just hang your banners and wait for someone to click. By definition, a mobile app is an interactive medium, where information goes back and forth. And that changes the nature of the communication from “We talk, they listen” to “We listen first, and then we talk based on what we just heard.”

Traditional media will go through similar changes. Even the billboards on streets, in the future, will be customized based on who’s seeing it. Young people don’t watch TV in the old-fashioned way, mindlessly flipping through channels like their parents. They will actively seek out content that suites “them,” not the other way around. And in such an interactive world, the consumers of the content have all the power. They will mercilessly stop, cut out, opt out, and reject anything that is even remotely boring to “them.”

Marketers are not in charge of communication anymore. They say an average human being looks at six to seven different screens every day. And with wearable devices and advancement in mobile technologies, even the dashboard on a car will stop being just a dumb dashboard. What should marketers do then? Just create another marketing department called “wearable division,” like they created the “email marketing” division?

The sooner marketers realize that they are not in charge, but the consumers are, the better off they would be. Because with that realization, they will cease to conduct channel marketing the way they used to do, with extremely channel-centric mindsets.

When the consumers are in charge, we must think differently. Everything must be customer-centric, not channel- or division-centric. Know that we can be cut off from any customer anytime through any channel, if we are more about us than about them.

Every Interaction Will Be Data-based, and in Real-time

Interactive media leave ample amounts of data behind every interaction. How do you think this word “Big Data” came about? Every breath we take and every move we make turn into piles of data somewhere. That much is not new.

What is new is that our ability to process and dissect such ample amounts of data is getting better and faster, at an alarming rate. So fast that we don’t even say words like Big Data anymore.

In this interactive world, marketers must listen first, and then react. That listening part is what we casually call data-mining, done by humans and machines, alike. Without ploughing through data, how will we even know what the conversation is about?

Then the second keyword in the subheading is “real-time.” Not only do we have to read our customers’ behavior through breadcrumbs they leave behind (i.e., their behavioral data), we must do it incredibly fast, so that our responses seem spontaneous. As in “Oh, you’re looking for a set of new noise-canceling earbuds! Here are the ones that you should consider,” all in real-time.

Remember the rule No. 1 that customers can cut us out anytime. We may have less than a second before they move on.

Marketers Must Stay Relevant to Cut Through the Noise

Consumers are bored to tears with almost all marketing messages. There are too many of them, and most aren’t about the readers, but the pushers. Again, it should be all about the consumers, not the sellers.

It stops being entirely boring when the message is about them though. Everybody is all about themselves, really. If you receive a group photo that includes you, whose face would you check out first? Of course, your own, as in “Hmm, let me see how I look here.”

That is the fundamental reason why personalization works. But only if it’s done right.

Consumers can smell fake intimacy from miles away. Young people are particularly good at that. They think that the grownups don’t understand social media at all for that reason. They just hate it when someone crashes a party to hard-sell something. Personalization is about knowing your targets’ affinities and suggesting — not pushing — something that may suite “them.” A gentle nudge, but not a hard sell.

With ample amounts of data all around, it may be very tempting to show how much we know about the customers. But never cross that line of creepiness. Marketers must be relevant to stay connected, but not overly so. It is a fine balance that we must maintain to not be ignored or rejected.

Machine Learning and AI Will Lead to Automation on All Fronts

To stay relevant at all times, using all of the data that we have is a lot of work. Tasks that used to take months — from data collection and refinement to model-based targeting and messaging — should be done in minutes, if not seconds. Such a feat isn’t possible without automation. On that front, things that were not imaginable only a few years ago are possible through advancement in machine learning or AI, in general.

One important note for marketers who may not necessarily be machine learning specialists is that what the machines are supposed to do is still up to the marketers, not the machines. Always set the goals first, have a few practice rounds in more conventional ways, and then get on a full automation mode. Otherwise, you may end up automating wrong practices. You definitely don’t want that. And, more importantly, target consumers would hate that. Remember, they hate fake intimacy, and more so if they smell cold algorithms in play along the way.

Huge Difference Between Advanced Users and Those Who Are Falling Behind

In the past, many marketers considered data and analytics as optional items, as in “Sure, they sound interesting, and we’ll get around to it when we have more time to think about it.” Such attitudes may put you out of business, when giants like Amazon are eating up the world with every bit of computing power they have (not that they do personalization in an exemplary way all of the time).

If you have lines of products that consumers line up to buy, well, all the more power to you. And, by all means, don’t worry about pampering them proactively with data. But if you don’t see lines around the block, you are in a business that needs to attract new customers and retain existing customers more effectively. And such work is not something that you can just catch up on in a few months. So get your data and targeting strategy set up right away. I don’t believe in new year’s resolutions, but this month being January and all, you might as well call it that.

Are You Ready for the New World?

In the end, it is all about your target customers, not you. Through data, you have all the ammunition that you need to understand them and pamper them accordingly. In this age, marketers must stay relevant with their targets through proper personalization at all stages of the customer journey. It may sound daunting, but all of the technologies and techniques are ripe for such advanced personalization. It really is about your commitment — not anything else.

Marketers’ New Year’s Resolution: ‘I Will Give Customers More T-R-A’

The turning of the calendar may mean a new fiscal year for many marketing organizations, but there is one constant that remains paramount for customer-centric enterprises:  TLC (tender loving care) and how we demonstrate such sentiments to our prospects, customers, and donors — whomever applies.

The turning of the calendar may mean a new fiscal year for many marketing organizations, but there is one constant that remains paramount for customer-centric enterprises: TLC (tender loving care) and how we demonstrate such sentiments to our prospects, customers, and donors — whomever applies.

According to its most recent survey of more than 13,400 C-suite leaders, IBM is recommending data users to pursue another approach in their efforts to build consumer trust: T-R-A, as in transparency, reciprocity, and accountability. See the IBM report, “Build Your Trust Advantage: Leadership in the Age of Data and AI Everywhere” (Opens as a PDF)

The report states:

“To satisfy the modern requirement for trust, leading organizations are adopting three basic principles as their guide: transparency, reciprocity, and accountability. Each provides assurance to customers, but is more than good marketing. These principles are the scaffolding that supports the modern enterprise, remade to propagate trust.”

In a time when trust is increasingly harder to earn — and where consumers question the data-for-value exchange — one may think to shun the data quest. But that is not the correct course of action, nor a viable option, at all. Instead, the answer is to triple up efforts — to seek out and ensure higher quality data sources, to ensure chain-of-trust on permissions and consumer controls, and to hold ourselves and data partners accountable for results.

According to IBM, enterprise leaders — “torchbearers” — have fused their data and business strategies as one. “The torchbearers defy data fears, enhancing the trust of customers.”  Eighty-two percent say they use data to strengthen customer trust, compared with 43% of “aspirational” enterprise data users.

So what does T-R-A entail?

Transparency

“Customers demand transparency of data associated with the products and services, and, in the case of personal data, assurances that it’s used in a fair manner and kept safe,” the report states.

Three Keys to Consumer Love: Transparency, Reciprocity and Accountability. | Credit: Pexels.com

And it’s not just about data used in marketing — it’s also about data regarding how products are developed and manufactured, for example, and user reviews and recommendations. Any data that informs the customer journey, and enables the brand promise, really.

Reciprocity

“C-suite executives understand that to get access to data, they have to give something meaningful in return,” the report states. “The challenge? Organizations often don’t know what their customers would consider a fair exchange.”

That’s a fair assessment — as most consumers say they are skeptical about data-sharing benefits; particularly where privacy is concerned. So it is incumbent upon us to discover — probably using data — what truly motivates consumers’ sense of trust and value. I don’t think we do as good a job as we could as brands, and perhaps as an industry, in explaining data’s value to the consumer. Thus, we must do better.

Accountability

“Accountability is synonymous with brand integrity,” the report opined. “To succeed in retaining trust while growing business or expanding into new marketers, marketers need to establish governance and policies to combat cyber risk and protect consumer trust and brand.”

To me, accountability extends beyond data security — and the lawsuits and brand erosion that may follow data breaches. Data governance is closer to the accountability mark: making sure our data supply chains are “clean,” and that they adhere to industry ethics and best practices.

Here’s Wishing You T-R-A in 2020

So I’m hoping my New Year and yours has a lot more T-R-A in the offing. If the consumers equates sharing of data with a loss of privacy, then no one wins — especially the consumer.

 

 

 

Earn Consumer Trust Through ‘Surprise and Delight’ in a Post-Privacy Age

Recent consumer research from Pew Research Center shows we have some work to do persuading consumers to let us use data about them for marketing. Right now, the risks seem to outweigh the benefits, in consumers’ view. At least for now.

Recent consumer research from Pew Research Center shows we have some work to do persuading consumers to let us use data about them for marketing. Right now, the risks seem to outweigh the benefits, in consumers’ view. At least for now.

Marketing may be an annoyance to some — but too often, it’s conflated by consumers (and privacy advocates, and some policymakers) to our detriment into real privacy abuses, like identity theft, or hypothetical or imagined outcomes, such as higher insurance or interest rates — to which clearly marketing data has no connection.

There needs to be a bright line affixed between productive economic use of data (such as for marketing) — and unacceptable uses (such as discrimination, fraud, and other ills).

As consumers feel they have lost all data control — perhaps one might describe the current state as “post-privacy” — it is doubtful the answer to consumer trust lies in more legal notices pushed to them online. Consumers also have told Pew the emerging cascade of notices are not well understood or helpful.

Consumer Trust
Image Source: Pew Research Center, 2019

When Pew explores more deeply the root of what consumers find acceptable and unacceptable, opportunities for marketers may indeed arise. For example, the study summary states:

“One aim of the data collection done by companies is for the purpose of profiling customers and potentially targeting the sale of goods and services to them, based on their traits and habits. This survey finds that 77% of Americans say they have heard or read at least a bit about how companies and other organizations use personal data to offer targeted advertisements or special deals, or to assess how risky people might be as customers. About 64% of all adults say they have seen ads or solicitations based on their personal data. And 61% of those who have seen ads based on their personal data say the ads accurately reflect their interests and characteristics at least somewhat well. (That amounts to 39% of all adults.)”

This is why regulating privacy — from self-regulation to public policy — is so challenging. A broad brush is not the right tool. We want to preserve the innovation, we want to improve consumer experiences, while giving consumers meaningful protection from data use practices that are harmful and antithetical to their interests.

An Industry Luminary Lends Her Perspective

Image: Martha Rogers, Ph.D. (LinkedIn)

Martha Rogers, Ph.D., who co-authored the seminal book “The One to One Future”with Don Peppers in 1993, helped to usher in the customer relationship management (CRM) movement. Today, CRM  often manifests itself in brands seeking to map customer journeys and to devise better customer experiences, and a lot of business investment in data and technology.

Reflecting on privacy last month in New York, Rogers said, “The truth of the matter is, we always judge ourselves by our intentions. Yet we judge others by their actual actions. The problem is that everyone is doing the same thing with us [as marketers].”

How much of that business spending resonates with consumers? “When 400 chief executive officers were asked if their companies provided superior customer experiences, 80 — that’s eight-zero — percent said ‘yes.’ Yet only 8% of customers said that companies were providing superior customer experience. Customers also judge us by our actions, not by our intentions.”

Rogers told two “surprise and delight” stories that illustrate how powerful smart data collection, analysis, and application can be.

“We need customer data to get the job done. A regular Ritz-Carlton customer I know once asked hotel staff for a hyper-allergenic pillow for his room. Now when he goes to a Ritz-Carlton, he always has a hyper-allergenic pillow in his room. He told me he just loved how the Ritz-Carlton had changed over all its pillows to hyper-allergenic ones.”  Rogers said she didn’t have the heart to tell him it was just his room — and the hotel simply had recorded, honored, and anticipated his preference.

Another story came from insurer USAA. Upon returning from tours of duty in Iraq and Afghanistan, USAA sent a refund on auto insurance premiums in the form of a live check and a letter. The letter thanked the soldiers for their service, and reasoned that a car must not have been used much or at all, while a soldier was overseas — hence, the refund. “Do you know 2500 of these checks were returned by customers, uncashed?” Rogers reported, noting that many of these military families have limited means. “Wow, stay strong … keep your money — some of the policy holders said to the company. How do you compete in that category if you’re another insurance company?”

These two cases both show smart data collectoin — applied — builds customer trust and loyalty, no matter what their feelings may be about privacy, in general.

“There are three reasons why we care about privacy,” Rogers said. “One is because there are criminals out there. We don’t want to give data to the robbers or the hackers. Second is because some of us do have secrets — and I’m not naming any names. And we don’t want people knowing every blessed thing about us. And the third reason that we just want our privacy is because [our lives] can be embarrassing.”

Consumer Trust Is Like a Pencil Eraser

“Privacy in an interconnected world is a pipe dream, an oxymoron,” she continued. “Still, we have to access and use customer data to give those great customer experiences. So what happens now? We have to do things [with data] that are good for customers, and not for ourselves [as marketing organizations]. Regulations and laws are really just a floor.”

“If you want to be truly trust-able, it’s about doing things right. One lie can ruin a thousand truths,” she said. “Trust is sort of like the eraser on a pencil. It gets smaller and smaller with each mistake we make. So we have to be careful. Do things right. Do the right thing. Be proactive.”

“No matter how fantastic technology is, it can’t top that trust,” she said.

How many Ritz-Carltons and USAAs — surprise and delight — does it take to undo a Cambridge Analytica or an Equifax? I’m actually optimistic on this. Because better customer experiences, brand relevance, and resonance through data insights will continue to win. We just have to prove it, to the customer, millions of times, one by one, every day — in the very important data-driven marketing work we do.

 

Developing Technology Standards to Support Privacy Regulations of the Future

Advertising has played a vital role in the Internet’s mass adoption. But, as the industry evolved, consumer privacy took a back seat. Today’s technologies provide an opportunity to rebuild the digital advertising infrastructure to benefit publishers, brands, and consumers — and build in privacy, from the ground up.

Advertising has played a vital role in the internet’s mass adoption, but as the industry evolved, consumer privacy took a back seat.

Consumer privacy became a national conversation after Cambridge Analytica, a political consulting firm used by the Trump campaign, was able to obtain raw data harvested from up to 87 million Facebook profiles and use it to segment and target users in ways that critics argue amounts to voter manipulation.

Since then, congressional committees and governmental agencies have expanded investigations into Facebook, Google, and other ad tech industry players. GDPR came to the US in the form of CCPA, the California Consumer Privacy Act, a law designed to give consumers similar power over the data they generate online.

Our industry is now struggling to prove to both consumers and regulators that we can be trusted with their data, but there’s hope. Cutting-edge technologies provide an opportunity to rebuild the digital advertising infrastructure to benefit publishers, brands, and consumers — and build in privacy, from the ground up.

The First Step: Joining Forces

Cryptography and blockchain have already emerged as solutions for adding verification and validation layers that ensure accountability and efficiency in the media supply chain. But the only way to drive adoption of these forward-thinking solutions and solve for consumer privacy is by bringing together key stakeholders in the industry, educating them on the benefits and developing the technical standards that will create the change the industry needs.

“I knew blockchain paired with cryptography could deliver significant change to the advertising industry,” says Adam Helfgott, CEO of MadHive and founding member of AdLedger. “I also knew it would take a concerted effort to drive adoption across such a broad landscape of stakeholders.”

Uniting brands, agencies, publishers, and technology vendors provides an open forum for collaboration, allowing the industry to express their concerns and tackle the issues head on. Advertising industry leaders like Meredith, Hershey, IPG, Publicis, and GroupM are forming working groups that release findings for broader industry education, while companies like Omnicom, MadHive, and Beachfront are already engaging in proof-of-concept projects to tackle issues like fraud, brand safety, and transparency.

So, it begs the question: Why not leverage these technologies for privacy as well?

The Privacy Solution = Privacy-by-Design

Cryptography is already being used to keep consumer data safe, at-scale, in an industry adjacent to advertising: e-commerce. Every time you buy something on your favorite website and the little green lock pops up in your browser as you type in your credit card information, cryptography is being used to protect that sensitive information.

But cryptography’s potential runs much deeper than this single application. It can provide mathematical proof for things like data provenance, while simultaneously ensuring regulatory compliance. This gives publishers the ability to secure their first-party data and thereby control access to their most precious resource – their audience. For advertisers, this immutable chain of custody and identity validation of supply-chain participants creates a brand-safe environment in which customers are reached with the right message at the right time.

The best part? Cryptography and blockchain can be baked into the underlying digital advertising infrastructure, which will automate this entire process and create a system with privacy-by-design. But the only way to integrate these technologies and drive mainstream adoption is through the unification, education, and collaboration of key industry stakeholders.

Long-term fixes take time, but the value prop for publishers and advertisers is evident. And maybe the GDPR and CCPA regulations are the push the industry needs to join forces and work toward a long-term solution.

Have We Ruined 1:1 Marketing? How the Corner Grocer Became a Creepy Intruder

When Don Peppers and Martha Rogers wrote “The One to One Future: Building Relationships One Customer at a Time” in 1993, the Internet was a mere twinkle in Al Gore’s eye. But direct marketers felt excited about 1:1 marketing, and even vindicated.

When Don Peppers and Martha Rogers wrote “The One to One Future: Building Relationships One Customer at a Time” in 1993, the Internet was a mere twinkle in Al Gore’s eye. But direct marketers felt excited, and even vindicated, about the promise of a future where data-driven personalization would deliver the right message to the right customer at the right time.

But now that it’s here, are consumers happy with it?

Recently, I had the students in my direct marketing course at Rutgers School of Business read the introduction to “The Complete Database Marketer” by Arthur Hughes, which was published in 1996 when only 22% of people in the U.S. had Internet access. In the intro entitled “The Corner Grocer,” Hughes explains how database marketing can connect marketers with their customers with the same personal touch that the corner grocer had by knowing all of his customers’ names, family members, and usual purchases.

The students then had to compare the 1996 version of database marketing, as described by Hughes, with the current state of online direct/database marketing, where data collection has been enabled by e-commerce, social media, and search engine marketing.

  • What marketing innovations has technology enabled that didn’t exist before?
  • How has online marketing enhanced the concept of database marketing?
  • How have new marketing techniques and technologies changed consumer behavior?
  • How has social media affected direct/data-driven marketing for the marketer and the consumer?
  • What are some of the fundamental differences between the challenges and opportunities that today’s online marketers face vs. those that the 1996 database marketer faced?

Most of these digital natives were born after Hughes’s book was published. The students experience digital marketing every day, and they’ve seen it evolve over their lifetimes. While they concede that the targeted ads they experience are usually relevant, several of them noted that they don’t feel they have been marketed to as individuals; but rather, as a member of a group that was assigned to receive a specific digital advertisement by an algorithm. They felt that the idealized world of database marketing that Hughes described in 1996 was actually more personal than the advanced algorithmic targeting that delivers ads to their social media feeds. Hughes told the tale of Sally Warner and her relationship with the St. Paul’s Luggage Company that started with returning a warranty card and progressed with a series of direct mail and telemarketing. For example, knowing that Sally Warner had a college-bound son, St. Paul’s sent a letter suggesting luggage as a graduation gift. Hughes describes the concept of database marketing:

“Every contact with the customer will be an opportunity to collect more data about the customer. This data will be used to build knowledge about the customer. The knowledge will be used to drive strategy leading to practical, directly personal, long-term relationships, which produce sales. The sales, in turn, will yield more data which will start the process all over again.”

But Arthur couldn’t foresee the data collection capabilities of Google, Facebook, Instagram, and Amazon. Instead of the friendly corner grocer, database marketers have become a creepy intruder. How else could an ad for a product my wife had searched for at Amazon on her laptop generate an ad for the same product in my Instagram feed? (Alright, I will concede that we use the same Amazon Prime membership, but really?) We don’t have a smart speaker in the house, and I dread to think about how much creepier it could become if we did.

Recently, while visiting someone who has a Google Home assistant, I asked about the level of spying they experienced in exchange for the convenience of having voice-activated control over their household lights and appliances. They responded by asking, “Google, are you spying on us?”

The smart speaker replied, “I don’t know how to answer that question.”

Have we ruined 1:1 marketing?

Do you know how to answer that question? Tell me.

Dare to Scare: What If ‘They’ Closed the Internet?

But what if “they” — starting with policymakers in this country — took the extreme step of mimicking Europe, eschewing third-party data collection and use, destroying all of the free content such data transfers pay for, and effectively put today’s open Web behind pay walls and data walls?

The fragmentation of the Internet is marching along.

Europe went all “opt-in” — effectively halting a significant part of the Internet’s financing mechanism all in the name of privacy, without fairly considering the social and economic ramifications on competition, diversity, and democracy. (Or worse, they considered these aspects — and shut it down, anyway.)

China (and most despotic countries) bar access to much Western content. Will Hong Kong be next? Meanwhile, many of these “closed” countries are active players in using digital channels to stoke up social division and to meddle in free nations’ democratic processes.

And then there’s the rest of the global Internet — and the organic, disruptive, and innovative way it is built, maintained, and paid for. Simply allowing data to flow to responsible uses, and enable such exchanges to finance news, apps, games, email, social platforms, video, niche content, and so many other content and conveniences it would be impossible to list them all.

But what if “they” — starting with policymakers in this country — took the extreme step of mimicking Europe, eschewing third-party data collection and use, destroying all of the free content such data transfers pay for, and effectively put today’s open Web behind pay walls and data walls?

Sound very elitist? It is. Sound anti-progressive? It’s that, too. Anti-commercial? You bet. Anti-competitive? Very much so. Anti-consumer? Oh yes, it’s that, too. The deleterious effects may be already underway.

And if we’re not careful, it may just happen in the country that is most responsible for building the Global Information Economy as we know it. What a travesty it would be to throw such leadership away.

A recent study — just looking at the app world — gives a glimpse of what’s at stake. Looking at just nine top-used mobile apps, consumers state they would value access to such content at approximately $173 billion per year — content that is free to them today, thanks to ad financing. Wow! Further, current ad revenue for these apps is a tiny fraction of these assigned values. So, net, there is a huge economic dividend to consumers (and the economy) because these funds stay in consumer pockets, or are spent elsewhere.

As we march forth on privacy-first, we must consider what could happen if such responsible data uses were shut down by short-sighted public policy. What if the result were a “dumb” Internet? There’s still time for U.S. leadership, pragmatism, and a sensible way forward.