Direct marketing is offering of goods, a service or a job via sms, mail, telephone call, e-mail or direct communication with consumers.
Data may be processed for direct marketing purposes if:
• A citizen has expressed a written consent;
• Information is available publicly or an organization holds these data lawfully;
Often we voluntarily give our consent to organisations on the use of our data, including our contact details – for example, when we fill out loyalty card forms, we entitle the shop to send us messages, mobile service provider - to use our phone number for their partner companies’ marketing purposes; when we become a client of a bank, we agree to receiving informational and advertising messages and etc.
Companies can use our contact details for direct marketing purposes if this information is publicly available. For example, if you published your phone number on commercial web-pages, or if you publicly shared your e-mail address on Facebook, etc.
However, whether or not you gave your consent to an organization on using your data for direct marketing purposes, you must have an opportunity to opt out – in the same form as you received an offer, or by other accessible and adequate means.
For instance, an advertising message must be necessarily accompanied by an opt-out mechanism and a clear indication of how a citizen can stop receiving the message – the so-called SMS OFF. In case of e-mails, the letter must have an unsubscribe mechanism.
You enjoy the right to request a data controller at any time and in any form (oral, written) to stop processing your data for direct marketing purposes. The company must comply with this request within 10 business day from receiving your request.
You are also entitled to know what data are processed and request their rectification, completion, blocking, erasure or destruction at any time; additionally, you have a right to know who conducts direct marketing, what sources were used to collect your data and on what grounds.
If a company fails to provide you with relevant information, or despite opting out it continues to send you advertising messages or you assume that your data were collected in violation of the law, or the opt-out mechanism does not work, you may address the Personal Data Protection Service.