Import of list

[VHorsens]

Hi,

I have a list from a fair I attended. If you contacted the organizers early, they provided the attendee list for free, but now, a year later, it costs money.

My question: Can I import this list and send one-to-one emails to the contacts? What about marketing emails? Or is importing only allowed if the list was originally obtained for free?

Keep in mind that both the contacts on the list and the fair itself are based in the US.

[VHorsens]

Thanks, Karsten.

What if the attendees agreed when signing up that their information could be shared with a third party? In that case, they’ve given explicit permission to be contacted. Of course, I’ll reach out to the fair’s sales team to confirm this. 

[karstenkoehler · Accepted solution]

@VHorsens if the attendees explicitly agreed to have their information shared with a third party – and that consent specifically covers receiving the types of emails you plan to send – then using the list for both one-to-one and marketing emails can* be compliant with HubSpot’s Acceptable Use Policy, provided all other requirements (like proper documentation and opt-out provisions) are met.

However, it's important to verify a few details:

• Confirm that the consent given clearly permits third-party sharing and includes the kind of communications (especially marketing emails) you intend to send. Sometimes, consents might only cover transactional or relationship-based emails rather than promotional content.
• Ensure you have clear, documented evidence of the consent. This is crucial not only for compliance with HubSpot’s policies but also for adhering to applicable laws like the CAN-SPAM Act in the US.
• As you mentioned, reaching out to the fair’s sales team to confirm the details of the consent is a wise step. This can help avoid any misunderstandings regarding what the attendees agreed to.

* You should still discuss this with a legal professional or your data privacy officer. My reply does not constitute legal advice.

[karstenkoehler]

Hi @VHorsens,

Happy to help here. Generally, keep in mind that you should always consult a legal professional or your data privacy officer about questions like these. My reply does not constitute legal advice.

Based on HubSpot’s Acceptable Use Policy, here are the key points to consider: https://legal.hubspot.com/acceptable-use

• Consent is key: You should only import and email contacts who have given explicit permission to be contacted. Whether the list was provided for free or purchased later, the critical factor is that each contact has consented to receive communications from you.

• One-to-one vs. marketing emails:

  • One-to-one emails: These are generally acceptable when they reflect genuine, personal communications that are part of an established relationship. However, even one-to-one emails must be relevant and not feel unsolicited.
  • Marketing emails: These fall under the category of bulk or promotional communications. HubSpot’s policy – and applicable US laws like the CAN-SPAM Act – require that marketing emails are sent only to individuals who have explicitly opted in to receive them. Sending marketing emails to contacts on the list without proper consent could be considered spam and a violation of the policy.

• Acquisition context doesn’t change the rules: The fact that the list was originally offered for free and now costs money does not change the requirement for explicit consent. The permission that matters is what the contacts agreed to at the time of collection, not the price paid by you later.

In summary, while one-to-one emails might be acceptable if they are relationship-based and relevant, you should not use this list for marketing emails unless you have clear, documented opt-in consent from each contact.

Best regards!