Email Deliverability

VMedicalGroup
Member

Consent on Email Marketing (Beginner - Noobie email marketer)

SOLVE

Hi everyone,

I'm not sure if this question was asked a lot but my workplace has a list of emails from customers that used our services in the past. All emails are gathered via. JotForm when the customer was asked to enter their email.
There was no "Checkmark" or anything that asks them if they grant us permission to send them email marketing though. (Not explicit consent I think?)

I just wanted to send them a genuine letter informing them that they are receiving this email because they were a patient at our place -- they are free to contact us for any information medical-related and that they are advised to designate us as their provider.

Thank you Hubspot community!

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1 Accepted solution
karstenkoehler
Solution
Hall of Famer | Partner
Hall of Famer | Partner

Consent on Email Marketing (Beginner - Noobie email marketer)

SOLVE

Hi @VMedicalGroup,

 

(I have to say again that my post does not constitute legal advice.)

 

If you're sending a COVID-19 test result via email, my understanding (as a legal lay person) is that you're fulfilling a contract / request. After doing the test, patients expect the result. In that case you could document "Fulfillment of a contract" as a legal basis for the email subscription in HubSpot. Again, not a professional, so I'd recommend double checking.

 

From a purely technical standpoint, yes, you could send a marketing email to these contacts in HubSpot. If you do not have the GDPR options enabled in HubSpot, the above step about updating the subscriptions wouldn't even be necessary.

 

Let me know if that answers your question!

Karsten Köhler
HubSpot Freelancer | RevOps & CRM Consultant | Community Hall of Famer

Beratungstermin mit Karsten vereinbaren

 

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VMedicalGroup
Member

Consent on Email Marketing (Beginner - Noobie email marketer)

SOLVE

Hi Karsten Kohler,

Oh goodness, I forgot to include the question in there. I apologize.

My question : I was wondering if I can send an email marketing campaign out to patients who provided us their email since we require them to give us their email so that we can send out COVID-19 test results.

Now that we have these emails, in our database, I was wondering if I can send them out to them even though they do not know that they will receive advertising / promotional emails from us. Just COVID-19 result emails.

0 Upvotes
karstenkoehler
Solution
Hall of Famer | Partner
Hall of Famer | Partner

Consent on Email Marketing (Beginner - Noobie email marketer)

SOLVE

Hi @VMedicalGroup,

 

(I have to say again that my post does not constitute legal advice.)

 

If you're sending a COVID-19 test result via email, my understanding (as a legal lay person) is that you're fulfilling a contract / request. After doing the test, patients expect the result. In that case you could document "Fulfillment of a contract" as a legal basis for the email subscription in HubSpot. Again, not a professional, so I'd recommend double checking.

 

From a purely technical standpoint, yes, you could send a marketing email to these contacts in HubSpot. If you do not have the GDPR options enabled in HubSpot, the above step about updating the subscriptions wouldn't even be necessary.

 

Let me know if that answers your question!

Karsten Köhler
HubSpot Freelancer | RevOps & CRM Consultant | Community Hall of Famer

Beratungstermin mit Karsten vereinbaren

 

Did my post help answer your query? Help the community by marking it as a solution.

karstenkoehler
Hall of Famer | Partner
Hall of Famer | Partner

Consent on Email Marketing (Beginner - Noobie email marketer)

SOLVE

Hi @VMedicalGroup,

 

Could you specify your question, what is it you'd like to get an answer on?

 

I'd recommend discussing all questions with a legal professional. The exact requirements can differ between countries, companies and specific situations so you'll receive the best advice from them. You should be able to find freelancers or law offices / agencies who can help with your specific situation.

 

That being said, I'll try to give an overview here. (My reply does not constitute legal advice.)

 

HubSpot requires a legal basis for processing a contact's data and also a legal basis for communicating with a contact. (I'd recommend reviewing the steps for maintaining each, see the previous links.) A legal basis could be the fulfilment of a contact, explicit consent or an assumed legimitate interest. Which one applies in your case, that you'd have to discuss with a professional.

 

Additionally, HubSpot has GDPR functionalities. Depending on what your settings are here, HubSpot will hold back emails if you have not entered the legal basis for marketing communication.

 

Hope this helps!

Karsten Köhler
HubSpot Freelancer | RevOps & CRM Consultant | Community Hall of Famer

Beratungstermin mit Karsten vereinbaren

 

Did my post help answer your query? Help the community by marking it as a solution.