Blog Activity

Canadian Law Calls for Opt-in for Email
Issue:
June, 2012
The challenges to integrated marketing continue. The new Canadian anti-spam law could hold dire consequences for unsuspecting American marketers. Here’s a breakdown of what the law prohibits, and what it could mean to you if there are Canadian names on your email list.
In 2010, Canada adopted an anti-spam law called The Fighting Internet and Wireless Spam Act (FISA). The relevant regulator (CRTC) recently published its final regulations, which provide details on the required contact information and unsubscribe mechanism to be included in each commercial electronic message, and the requirements for valid consent. The law will be effective at a date to be set by the Governor in Counsel.
What this means for marketers
It is wise for marketers to assume the law is effective now since a “phase-in”period of three years ran from adoption, and there are compliance steps that one should take right away.
Here’s an important point to remember: The statute covers the “sending” of messages. It is irrelevant whether the message gets delivered or whether the address even exists. It is the transmission alone that will be deemed illicit.
And a caveat: You can still use a Canadian email address without “expressed consent” until the law’s effective date, provided it is not merely a rented name but arises from an “existing business relationship” or an “existing non-business relationship.”
“Expressed”Consent
Under the law, a commercial emailer must obtain the “expressed” consent of the recipient before sending commercial emails or other electronic messages, unless there is an “existing business relationship” or “an existing non-business relationship.” For addresses on file on the effective date who have not objected and with whom you have a relationship, there is assumed “implied consent” to commercial messages for two years from the establishment of that relationship.
A “business” relationship
What is a “business relationship”under the law is basically a matter of common sense. The statute defines the relationship in terms of actions or messages relating to actions. Generally, if it feels like business, it’s a business relationship. A business relationship includes enquiries also, but only for a duration of six months per each relationship.
The “non-business relationship” is similarly a matter of common sense. The non-business relationship might have involved a donation or a charitable gift made within the previous two years, such as to a political party, charity or a candidate for public office.
Exceptions
Some exceptions to the law exist for marketers. They include:
Responding to a request for a quote
Employment-related matters
Information regarding a subscription, membership, or maintenance arrangement of the addressee
Information regarding delivery of a product or service previously ordered
Personal messages are also exempt.
Sender information and unsubscribe options
Disclosure is required of the name and contact information of the sending company, and the company on whose behalf it is being sent. There must be an easy means to object, ie,“readily contact” the sender for 60 days from transmission. A phone number or an email unsubscribe mechanism should be acceptable to meet this requirement.
There must also be an unsubscribe mechanism in the email. This can be a link to a website or an email reply mechanism or “any other electronic means that will enable the person to indicate the wish.” The industry in Canada believes a phone number would be acceptable as well.
Painted with a broad brush
Be forewarned that the statute is not just about email spam, but any “commercial electronic message,” and any message via telecommunication, landline or mobile, such as text, sound, voice, image, IM, or “any similar account.” Presumably, that would include social media venues as well.
Dire consequences
Noncompliance with this law can bring dire consequences. The law has penalties of up to $1 million for individuals and $10 million for businesses. The fines are “per violation,”and there are grounds to believe
that a campaign mailed over a multi-day period would draw a penalty for each day. Thus a three-day campaign might cost a company $30 million.
Be forewarned that there is also a private “right of action” for any individual or business that has been affected by a violation. Take heed: Corporate officers and directors can be held personally liable for violations.
Industry sources believe that these penalties were intended for the worst spammers, but the courts will ultimately decide who that is. Of course, if you have no physical presence in Canada, it may be that any
lawsuit against you in Canada would not be sustainable. It is doubtful that you could be sued in a US court under the Canadian law.
However, it is unclear whether a “penalty” assessed against your company in Canada might not receive enforcement by a US court. It’s best to play it safe.
Any US company with a database of addresses obtained without affirmative consent, such as rented lists or gathered addresses, should consider determining the physical locations of those addresses – and obtain consent from Canadian residents. Obviously, “.ca” domains are Canadian, but the national location of addresses with gmail or domains like “.int,” “.post,” “.co” – the list goes on – could be anywhere. Protect yourself.
Author:
Charles Prescott

Charles Prescott is a consultant and attorney specializing in marketing, privacy and international postal matters. He primarily represents companies seeking to enter new country markets. Previously with the US DMA as VP, international business development, he isnow on its board of directors. Reach him at +1.914.533.0208 or chaspres@optonline.net.

Postings is a quarterly newsletter from The Direct Marketing Club of New York.
Doug Berger talks with Terri L. Bartlett, President of the DMEF

Issue:
March, 2012

Tell us about today’s marketing student.
As DMEF carries out its mission, we don’t target only marketing students. We also seek out talented students in other areas, including PR/communications, economics, finance, and design, among others,
as each is a rich pool for potential talent. In addition, today’s students are digital natives. But that doesn’t necessarily mean they’re well-grounded in incorporating digital into marketing. So, we present programs designed to bridge the digital gap between students and the marketplace.
How does DMEF help today’s students become tomorrow’s industry leaders?
Last year, our Board approved a new strategic plan. Within that plan, we visually identified what DMEF is: We act as a funnel, attracting the largest number of students to direct/interactive marketing. Through numerous programs,we narrow down who the top students are, so, at the end of that funnel, we help place the best and the brightest students in our field.
At this funnel’s largest end are our Student Career Forums, one- or half-day programs that last year introduced more than 400 students to our field. The next level is our Collegiate ECHO Marketing Challenge, which engages hundreds of students and faculty in marketing campaigns.
We offer scholarships. Students apply, and we carefully vet them to assess their commitment to this field. Taking it a step further, we offer the Interactive Marketing Immersion Xperience, or I-MIX, an intensive, one-week program that delivers industry knowledge to highly motivated juniors and seniors and provides them networking exposure to successful business people.
The Next Generation Leaders is our premier program. It offers applicants – recent graduates who represent the cream of the crop – the opportunity to acquire valuable work experience during a 12-month rotating residency program. Our associates receive exceptional training through two or three assignments – six or four months at each participating company. And the companies gain new ideas and momentum from these exceptional students.
How can marketers support DMEF’s work?
There are a number of ways, but I’ll focus on two. We offer sponsorship opportunities for our awards dinners and various student programs, including those I’ve mentioned and our recently relaunched Professor’s Institute.
Importantly, there’s general giving, which can be done on a corporate or individual level. Certainly, we welcome contributions to our scholarship funds. This year, we plan to award $125,000 to worthy students, up from $85,000 last year.
What does your DMCNY membership provide DMEF?
The DMCNY, the organization as well its individual members, has been incredibly supportive of DMEF. This kind of closeness and camaraderie is invaluable. In fact, for a nonprofit organization like DMEF that’s dependent on contributions and in-kind donations, the DMCNY’s longstanding support simply cannot be quantified – nor can our appreciation of the Club and its members.

To learn more about DMEF, visit directworks.org, follow it on Facebook or Twitter, or contact Terri at TLBartlett@directworks.org.
Doug Berger is a corporate communications consultant and speechwriter. Reach him at douglasbergernyc@gmail.com.

Author:
Doug Berger

The Direct Marketing Educational Foundation (DMEF) works to attract,educate, and place college students in direct/interactive marketing careers, thereby expanding and enriching the talent pool of trained, market-ready marketers. Posting’s Doug Berger spoke with DMEF President Terri L. Bartlett.

Postings is a quarterly newsletter from The Direct Marketing Club of New York.
New Business Development associate
Ethnic Technologies
Wednesday, September 12, 2012
New Jersey, South Hackensack
Sales Executive
About the Job
ROLE: Sales - New Business Development
"As the leading provider of multicultural marketing data, ethnic identification software, and ethnic data appending services, our experts are constantly learning about the interaction of people through studying their names and geography. The ideal sales candidate is also interested in Geography, History, Sociology, Demography, and Culture."
THE OPPORTUNITY
Ethnic Technologies is currently seeking a New Business Development associate to join the Sales and Marketing team. Reporting to the Sales Director – The New Business Development Position is responsible for generating new business by positioning Ethnic Technologies’ Multicultural Marketing Data, Data Enhancements and Analytical Solutions in all key verticals both nationally and globally.
New Business Development position duties and responsibilities include:
Building relationships with Senior Marketing Managers, Data Base Administrators and Marketing Research / Analytics teams to create awareness, identify key business issues and tailor the company’s data enhancement, licensing and software services value proposition to solve client problems and extend their market share
Accountable for maintaining and expanding annual sales and profitable margins including Account Management – partnering with clients to promote win-win outcomes, resolve customer issues and seek positive outcomes. Demonstrate exceptional interpersonal skills and a customer relationship focus
Will report to the Sales Director and work with internal teams (IT, Research, Marketing) to deliver quality products and service. Develop Account Plans to identify selling strategies, growth areas and tactics necessary to achieve monthly and yearly revenue targets.
QUALIFICATIONS / SKILLS AND COMPETENCIES
Candidates will have a minimum of 3 to 5 years sales/ business development experience including at least 3 years within a strategy role in a data centric organization and the ability to meet the following criteria:
Familiarity working in an environment that constantly interacts with other cultures and languages, being bilingual in Spanish is desirable.
Solid track record of sales and objective achievements with demonstrated results.
Ability to work in a team environment and make substantive contributions
Demonstrated ability to identify and implement creative business solutions.
Self-starter who can work relatively independently within set objectives.
Excellent written and verbal communications skills combined with the ability to project confidence, professionalism and diplomacy in all dealings.
Undergraduate degree required.
COMPENSATION
Ethnic Technologies offers a competitive base salary plus commission along with Health, Dental and 401K benefit packages.
TO APPLY
Please submit cover letter and resume to:
Zachary.Wilhoit@EthnicTechnologies.com
Details:
salesad-ethnictechnologies.doc
Data Analyst
Alliant
Tuesday, March 13, 2012
Alliant Cooperative Data Solutions is looking for a Data Analyst to support our Analytics staff in our northern Westchester, New York office. This position will be responsible for data manipulation, Linux/Unix job management, file scoring and report generation. The ideal candidate will have a wide-range of experience with data processing, quality control and SAS programming. Additionally, candidates should be familiar with large-scale databases, PC software, and database manipulation.
Primary Responsibilities Include:
Assist Statisticians in pre-modeling SAS data preparation
Creating quality control programs and verifying data integrity
Creation of Gains Tables and Post Promotion Analysis
Data support for 3rd party modeling effort
Insertion and Maintenance of models in SAS scoring library
Conduct ad-hoc analyses and reporting
We are looking for candidates with:
5+ years experience completing data analyses and data processing
Extensive experience programming in SAS including Macro Processing
Strong quantitative skills and extensive attention to detail
Experience working in Unix/Linux environments
Strong oral and written communication skills
High energy level; flexible, organized, inquisitive and keen understanding of technology
Direct Marketing experience a plus
Knowledge of MySQL and SQL a plus
Local candidates preferred
Alliant is committed to being the best in everything we do. This is a great opportunity to join a dynamic, growing company with boundless opportunities and a strong corporate culture of innovation and trust. We offer a competitive compensation and benefits package. Compensation will be based on salary and performance-based bonus. Please send resume with salary requirements, include job name in subject line of email and address to: statjobs@alliantdata.com.
About Alliant:
Alliant delivers consumer segmentation solutions that help marketers identify their top prospects and customers, creating higher levels of profit in direct and interactive marketing campaigns. Alliant’s proprietary Cooperative Performance databases are built from historical transaction-level customer records contributed by many of the world’s leading direct response marketers, powering marketing decisions with a rich, detailed source of consumer behavioral information. Alliant’s data-driven analytic solutions deliver increases in response and average order size, minimize payment risk, enable mining of new acquisition sources, and increase the success of customer retention and reactivation efforts for direct and interactive marketers. Based in Brewster, NY, Alliant is a Landmark Interactive company. Our web site is at www.alliantdata.com.
Details:
dataanalystjobdescription20100910-2.doc

Past Silver Apple Award Honorees

The Silver Apple Awards were designed to honor our industry's most distinguished achievers. Direct Marketers who have not only made strides within their areas of expertise, but who have also generously contributed their time and talents to the industry for 25 years or more.

These recipients reflect the best that our profession has to offer our clients, our corporations and our profession. Their careers represent the globalization of our business and every sector of it - from academia to the consumer market to the business-to-business arena. They are entrepreneurs and corporate leaders, innovators in the world of e-commerce as well as in traditional media.

2012 [bios]	2011 [bios]	2010 [bios]
Scott Fenwick Jim Fosina Donald “Don” P. Hinman Prof. Harvey Markovitz Pegg Nadler Don Peppers and Martha Rogers Corporate: McVicker & Higginbotham Golden Apple: Leon Henry	Andrea Rubin David S. Williams Gerald Messer Joseph W. Gomez Thomas Mastrocola Corporate: Japs-Olson Company Golden Apple: Ralph Stevens	Bruce Biegel Ray Butkus Jerry Cerasale Ralph Drybrough Karen Isenberg Gene Raitt Christine Slusarek Corporate: Alliant
2009 [bios]	2008 [bios]	2007
Andy Goldberg Ed Mallin Beatriz Mallory Ruth Stevens Tom Turner Brian Wolfe Corporate: Acxiom Corporation	Betty Anne Cooper Dr. Marjorie Kalter Jonathan C. Lambert * John Papalia Marcus Wilhelm Caroline Zimmerman Corporate: Penton Media Golden Apple: James W. Prendergast	Pat Corpora Walter Neff Holly Pavlika Brian Snider Suzanne Taliaferro John Temple Corporate: Equifax Golden Apple: Lee Epstein
2006	2005	2004
Margaret Raven Ginns Gordon Grossman Liz Kislik Larry May Donald Mokrynski Lee Marc Stein Corporate: Leon Henry Inc.	Ken Altman Kay Cassidy JoAnne Monfradi Dunn Robert Edmund Joe Furgiuele Murray Miller Chris Paradysz Corporate: Boardroom Inc	Kathy Duggan Josephs Jonah Gitlitz Linda Huntoon Bob Wientzen Penny Vane Alan Zamchick Corporate: The Horah Group
2003	2002	2001
Michael Faulkner Richard Goldsmith Christy Karl Lawrence Kimmel Susan McNamara Neil Metviner John Wargo Corporate: Direct Media	Tony Ambrose Regina Brady William Korn Brian Kurtz Joan Oppenheimer Donn Rappaport Ray Roel Corporate: DM News	Adrian Courtenay Bernice Grossman Mitchel Hisiger Andrea Nierenberg Ray Schultz Laurie Spar Corporate: Mailmen Inc.
2000	1999	1998
Robert Albert Phillip N. Dresden Peggy Hatch Rosalie Sacks Levine Rosemarie Montroy * Tom Whiteway Alice Zea Corporate: Publishers Clearing House	Charles M. Cavanagh Lois Geller Florence Leighton Neil Mason Richard Montesi Katie Muldoon Ed Nash Ron Sichler Corporate: Columbia House	Dorothy Carroll Henry Reed Hoke, III Pierre Passavant Henry W. Rossi Richard Steeg Robert Sawyer Jo-Von Tucker * Corporate: Mal Dunn Associates
1997	1996	1995
Elliot Abrams Stuart Boysen John A. Cleary Michele Duffy Hal Roberson Shirley Stevens Robert J. Teufel Corporate: The McGraw-Hill Companies	Robin Black * Caryl Gold Robert H. Jurick James Knox Irving Mayer David Shepard Tom Zukas Corporate: Hoke Communications	Michael T. Buoncristiano * Philip Charles Cheevers Evelyn Deitz Martin Edelston Doug Flynn Lillian Vernon George S. Wiedemann
1994	1993	1992
Arthur Blumenfield William R. Denhard Michael Manzari John Pahmer Robin B. Smith Emily Soell Julius J Spector *	Robert Castle * John Jay Daly Hugo Dunhill Paul Goldberg Kathleen O'Shaughnessy David Wilkison Stan Winston Richard C. Wolter	Junius R. (Sandy) Clark, III Arline Feigen Alfred M. Goodloe * Leon Henry, Jr. Walter Karl * Richard G. McEnroe * Eliot DeY. Schein *
1991	1990	1989
E. William Carney * Howard E. Flood * Richard M. King * Bruce W. Murray Stan Woodruff *	Robert H. Cherins Rev. Dr. John Erickson Carol Enters Dennison Hatch Ed McLean * Robert W. Redman * Robert E. Riordan * Christopher Stagg * Ralph Stevens Peter Vane	Bert Garmise * Earl Hermance Barbara Kumble Florence Peloquin Jerome Pickholz Milt Pierce Jerry I. Reitman Victor and Phyllis Sawdon ** C. James Schaefer Harold L. Schwartz Irving Wunderman *
1988	1987	1986
Phil Boehm * Robert B. Clarke * S. Arthur Dembner * J. Wendell Forbes * Allen M. Greer * Henry R. Hoke, Sr. * Marge Landrau Lester F. Suhler * Leo R. Yochim *	Ed Burnett * Bob Chapman * Mal Dunn * Dave Florence Jerry Hardy * Ray Longden Otto Meyer * O.E. McIntyre * Max Sackheim * Joan Throckmorton *	Herb Ahrend * Bob DeLay Lee Epstein Mike Fabian * Henry R. "Pete" Hoke, Jr. * Bill Howe * Neil Keating Jim Prendergast Leonard Raymond * Nat Ross * Bill Steiner *
1985	1985
Dick Benson * Annette Brodsky * John Caples * Larry Chait * Tom Collins Henry Cowen * Robert F. DeLay Bob Dale * Andi Emerson *	Bob Fisler Rose Harper Lou Kleid * Ed Mayer * Harold Mertz * Walter Prescott * Stan Rapp Frank Vos Walter Weintz * Lester Wunderman
* Deceased

dmcny

Education, insight and a network of opportunities for tri-state area direct and interactive marketing professionals.

Blog Activity

Canadian Law Calls for Opt-in for Email

Issue:

Author:

Doug Berger talks with Terri L. Bartlett, President of the DMEF

Issue:

Tell us about today’s marketing student.

How does DMEF help today’s students become tomorrow’s industry leaders?

How can marketers support DMEF’s work?

What does your DMCNY membership provide DMEF?

Author:

New Business Development associate

Details:

Data Analyst

Details:

Past Silver Apple Award Honorees

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