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About Email Permission & Consent

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About Email Permission & Consent

This guide explains email permission and consent. It also links to regulations you must follow to ensure valid consent for email marketing.

Everyone experiences unwanted SPAM emails. Spam filters are increasingly necessary.

Because we provide products that personalize and schedule marketing emails for your customers, we also advise on how to obtain and respect email permissions.


Rules and regulations - examples

Regulations vary by country and region.

In the EU, you must obtain affirmative consent (OPT-IN) from the recipient to send marketing material.

In the US, the CAN-SPAM Act allows sending marketing emails but requires a clear OPT-OUT option.

Each country has its own authorities and specific requirements. For example, in Denmark you generally need affirmative consent to send email marketing. An exception applies when sending marketing about accessories or similar products related to a recent purchase. In that case, an OPT-OUT must be available during checkout, but affirmative consent is not required. There is no precise legal definition of what qualifies as an accessory.

Grey areas

Edge cases are common. For example, whether a PlayStation game is an accessory to a new TV depends on how you categorize products and your overall assortment.

Contact your local e-commerce association for guidance. Non-compliance is costly, and the rules exist to protect customers.

Permissions for Triggered Emails in Hello Retail

When you use Triggered Emails, Hello Retail sends the marketing email to the recipient on your behalf.

Common pre-packaged uses include:

  • Abandoned Cart
  • Post Conversion
  • Price drop notification

For Triggered Emails, choose one of the following options for permission handling:

  1. Synchronize your email permissions with Hello Retail using our APIs or available connectors to your email service provider. Hello Retail does not determine whether consent is valid for your jurisdiction. You are responsible for ensuring that permissions are lawful, current, and correctly synchronized.

  2. In markets where OPT-IN is not required, you can allow Hello Retail to send triggered emails to all email addresses observed on your site, for example via conversion tracking or order data. This is not legal in the EU except for limited local exceptions such as the Danish accessory rule noted above. You are solely responsible for compliance. We recommend keeping this setting disabled unless you have verified a legal basis.

Some final notes

Email marketing is effective but comes with responsibilities. Hello Retail enables consent-aware usage, but it is also possible to misuse the tools, for example by supplying email addresses that have not provided consent.

Hello Retail cannot determine consent status or market of origin from an email address.

You are responsible for how you configure and use the product. If you are in doubt, contact your account manager or our support team.

Resources

Denmark:

https://www.fdih.dk/jura/guides/spam-guides
Guide from FDIH for Danish e-commerce on avoiding SPAM and obtaining valid consent.

Various countries:

https://en.wikipedia.org/wiki/Email_spam_legislation_by_country
Overview of country-specific laws and references, including the US CAN-SPAM Act.

Permission marketing:

https://www.amazon.com/Permission-Marketing-Turning-Strangers-Customers/dp/0684856360
The foundational book on permission marketing, which replaces interruption tactics with advance consent to receive marketing materials.