Understanding Marketing Contacts
Marketing contacts are those who have given consent to receive marketing communications. Properly categorising contacts ensures compliance with legal requirements and maintains email deliverability.
Legal Considerations
When determining whether a contact should be marked as a Marketing Contact, follow legal guidelines, such as:
- Australian Spam Act (2003)
- GDPR (General Data Protection Regulation - EU)
- CCPA (California Consumer Privacy Act - US)
- Other country-specific data protection laws
There are two primary types of consent:
- Explicit Consent – The contact has directly agreed to receive marketing communications (e.g., by checking a subscription box).
- Inferred Consent – The contact’s actions imply consent, such as signing up for a webinar.
Criteria for Marking a Contact as a Marketing Contact
1. Submitting a Form
- Marketing Contact: Any contact who submits a form (e.g., newsletter signup, webinar registration, contact form) is eligible.
- Not Marketing Contact: If the form is for a resource download (e.g., a free course) without an explicit opt-in, the contact should remain non-marketing unless consent is given.
2. Opt-In Confirmation
- If a contact opts into marketing communications via a checkbox, preference center update, or subscription form, they qualify as a Marketing Contact.
3. Enrolling in a Marketing Event or Program
- Contacts who register for an event, webinar, or training and agree to receive updates can be considered marketing contacts.
4. Purchasing a Product or Service
- Purchasing alone does not imply marketing consent. Include an opt-in checkbox at checkout (e.g., “Would you like to receive updates and news?”).
5. 1-to-1 Conversations (Verbal or Email Agreements)
- If a contact agrees verbally, document this as a pinned note in HubSpot.
If unclear, send a follow-up email with an opt-in link.
6. Updating Preferences
- If a contact updates their communication preferences to receive marketing emails, they should be marked as a Marketing Contact.
Other Scenarios to Consider
1. Updating Preferences Interacting with a Marketing Email
- Clicking on a link in a marketing email may indicate interest.
2. Website Activity
- Repeated visits to high-intent pages (e.g., pricing, product pages).
3. Referrals
- Contacts added from partner referrals with implied consent.
4. Event Imports
- Contacts gathered at trade shows with explicit opt-in.
5. Social Media Engagement
- Highly engaged users from retargeting campaigns.
Criteria for Marking as a Non-Marketing Contact
1. Unsubscribes
- Contacts who opt out of marketing emails.
2. Bounces
- Contacts with hard bounce email addresses.
3. Marked as Spam
- Any contact who marks emails as spam.
4. Inactive for Extended Periods
- Contacts with no engagement over 12-24 months.
5. Regulatory Compliance
- Contacts removed due to GDPR, CAN-SPAM, or other legal reasons.
By following these guidelines, businesses can improve email engagement, maintain compliance, and ensure accurate marketing contact segmentation.