1. What are opt-in and opt-out ?

👉 Opt-in :

Opt-in refers to the necessity of obtaining explicit consent from the user before collecting, processing, or sending communications. This consent must be a clear positive action, such as ticking a non-pre-checked box on an online form, to indicate agreement to receive emails, SMS, or other forms of marketing communications and solicitations.

Example : A checkbox on a pop-up on your website that the user must tick to give consent.

👉 Opt-out :

Opt-out assumes that the user consents by default to the collection and use of their data or to receiving communications. The user, to refuse the processing of their data or to unsubscribe, must take an active step, such as ticking a box to indicate refusal or actively deciding to unsubscribe.

It is prohibited to use opt-out in B to C relationships.

Example : The case of companies purchasing databases.

Opt-out is only permitted in the context of B2B commercial relationships, being clear about the purpose of the mailings and providing the possibility to opt out.

2. GDPR Obligations :

Opt-in is mandatory for sending commercial messages to individuals (B2C), except for two exceptions :

• the person is already a customer of the company and the message sent concerns the promotion of products or services similar to those provided by the same company;
• the prospecting is not of a commercial nature. For example, it is a charitable message.

If commercial messages are addressed to businesses (B2B), opt-in is not mandatory but :

• the purpose of the solicitation must be related to the profession of the person contacted;
• at the time of data collection, the person must be informed that this information may be used for electronic prospecting purposes and they must be able to object to it.
• in the case of an email, the email must include an effective unsubscribe link.

3. GDPR and Kiliba :

• The client as data controller must ensure that the list of subscribers in the database communicated to Kiliba complies with current legislation. Kiliba, as part of its duty to provide advice, must remind the client of their responsibilities, in summary :
  • For B2C and mixed B2B/B2C shops : the lists uploaded to Kiliba must consist of data from customers of the shop or prospects with double opt-in* and constitute a contact database.

* double opt-in involves checking the consent box, then reiterating consent by clicking on a link in an email sent after registration to confirm their email address.

• For B2B shops only : the people on this list have a profession that corresponds to the purpose of the solicitation and have been informed that they have a right to object.
  
  
• The app's terms of use present the client's responsibilities in detail.
  
  
• Kiliba can send emails to all subscribed contacts consisting of :
  • non-unsubscribed contacts;
  • non-blacklisted contacts: a contact can be blacklisted for various reasons: hard bounce, manual blacklist, invalid email...
    
    
• To ensure that all subscribed contacts comply with the legislation, the client has the option to blacklist them if necessary through the app.

Any questions ? Contact us at support@kiliba.com