The purpose of this article is to simplify and explain through examples your legal responsibilities, as a party involved in the organization of an event, regarding the personal information of the passes buyers.
Personnal Information Definition
Let's start at the beginning: what do we mean when we use the term "personal information?"
"Data / information / personal information" means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements unique to its physical, physiological, genetic, psychic, economic, cultural, or social identity. In short, any information about an individual allowing to identify them.
Legally, your passes buyers have several rights regarding their personal information including, but not limited to :
- Transparency : Knowing to whom the information was shared and for what purpose. If a customer asks you these types of questions, you must provide the information.
- Disclaimer when personal information breach: You have a legal obligation to notify all customers affected by a breach of personal information, to provide them with a point of contact, to describe the likely consequences, and to take steps to remedy the breach.
- Erasure (right to be forgotten): This right means that you must delete the customer's personal information from your systems if they request it.
How do I know if the buyer wants to receive promotional offers or not?
In the Marketing tab of the management tool, select "Purchaser Data". Click on the "+" icon to add a data type. Under Marketing you will find Email Share. If this column says "Yes", the customer has agreed to receive communications from you. If this column says "No", you can only contact the buyer for reasons related to the event for which they purchased (more details below).
You can also use the Shared Email Addresses module to get a complete list of buyers who have agreed to receive promotional communications. In this module you will see the email address, preferred language, and latest date of consent.
Communication with a customer who has refused promotional communications
If a customer has refused to receive promotional communication, in what contexts can you contact them?
- For the purpose of conveying important information about your event (changes, cancellation, etc.). Note that you may also provide certain information (provided it is fairly brief) through the reminder email, the purchase confirmation, or the email containing the e-tickets.
- In the event that you have suffered from a breach of personal information and must notify the buyers.
- To confirm you have deleted the buyer's personal information at their request.
Communication with a customer who has accepted promotional communications
When a customer agrees to receive promotional offers, you will be able to communicate directly with them for contests, promotions, and other reasons. However, as soon as a customer requests to stop receiving promotional offers from you, Canadian law requires you to stop sending them to this person immediately.
Normally, email sending services (Mailchimp, for example) will offer you a tracking tool to update your mailing lists.
It is important to understand that the information available on thepoinofsale.com does not reflect information from your personal lists, but those available through our database. For example, if a buyer has agreed to receive promotional offers when purchasing a ticket, but has decided, after receiving your newsletter, to unsubscribe by contacting you directly, the information available on our platform will remain unchanged because there is no synchronization in between to two services.
Contests, Promotions & Third Party Agreements
Take an example of a competition. How can you communicate with the winning customers?
If you organize the contest yourself, you will only be able to communicate with the winners if they have agreed to receive promotional offers.
If you organize the contest with a partner, you must remember that even if the ticket buyers have agreed to receive your promotions, they have not agreed to you sharing their personal information with a third party. You must therefore communicate, yourself, with the winners, and only if they have agreed to receive promotional offers.
Promotions Partnership: What happens if you have an agreement with a third party?
If you have decided to promote the services of a third party in exchange for similar promotion on their end, you must bear in mind, once again, that your customers have not agreed to share their personal information with this third party, but only with you. You can send an email promoting the third party services with a link to their products or subscriptions to their newsletter list, but this email must be sent on your behalf, not theirs. Legally, you simply can't share the personal information of your customers without their consent.
This article is not a legal document. If you still have questions, please contact your event advisor or open a chat window at the bottom right of this page to speak with one of our team members.