Understanding opt-outs

Digital technology has revolutionized how we engage with the wider world. 

The advent of digital technology has changed the way we communicate with each other. While some may argue this change hasn’t necessarily been for the better, the consensus is that the convenience that digital technology offers outweighs the negatives. 

But the connectivity that digital technology offers; be that to our bank via online banking apps, or to our friends and family via social media channels, can mean we feel there is no ‘off time’ and that we’re being constantly bombarded with messages and notifications. 

To help businesses to better manage the digital relationship they have with their customers and consumers as a whole, the European Union introduced the General Data Protection Regulation, or GDPR as it’s now known.  GDPR was enshrined in the UK through the Data Protection Act 2018 (DPA) and ensures that all businesses only communicate with consumers in certain circumstances, which include;  

• Consent – where a consumer has specifically consented to allow the business to communicate with them. 

• Contract – where a contract exists between the business and the consumer and the business needs to provide information in relation to that contract to the consumer.  

• Legitimate Interest – where a business can demonstrate a communication to a consumer is for the benefit of both the consumer and the business. 
  
  

Reducing communication fatigue and championing genuine interest. 

Here at Heylo we understand the need to exercise care whenever we communicate with you, ensuring there is a valid reason for doing so. We value the relationship we have with you and do not wish to cause annoyance when we communicate with you. 

We determine whether a communication with you is in the legitimate interest of you and us, at the planning stage and normally via a Legitimate Interest Assessment (LIA).  Normally, the team planning the communication will undertake the assessment with it then being checked by a senior manager within the organisation. 

Once legitimate interest has been confirmed, the communication is distributed to relevant customers. When this communication is sent, we do not apply an ‘opt out’ function. This is because the communication has been determined to be in your genuine interest to receive the message. Examples of where we have a legitimate interest are listed in the table below.

What if there is no legitimate interest for us to communicate with you? 

Sometimes, we may want to let you know about a new product or service that we are offering. Perhaps it’s an email promoting a new product or service with a special offer attached.  If we’ve determined that there is no legitimate interest to send you this communication, then we will only send it to customers who have previously elected to receive marketing communications about other services, products or offers.  We will not send this type of communication to all customers. 

Whenever marketing emails are sent, under the DPA you have the right to withdraw your consent from receiving any further marketing emails, therefore an opt out option will be visible and in selecting this you will be removed from our future marketing mailing lists.  

With this in mind, it’s important to remember that if you decide to opt-in to receive marketing communications from us, you always have the right to change your mind and opt-out of receiving future communications, and you can do this at any time, either by unsubscribing on a marketing email we have sent you, or by emailing us at [email protected]. 

What types of communication may be considered in your legitimate interest and which communications may be considered to not be in your legitimate interest?