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What is email marketing is regulated by?

In the UK, email marketing is subject to two key pieces of regulations: privacy and Electronic Communications (EC Directive) Regulations 2003 and of course GDPR.



Do I need my employees’ consent to implement your send to all model?

When you use the send to all model to send employee benefits communications, GDPR legislation provides you with the option to use legitimate interest* as your lawful basis for processing activities, rather than consent. Under the GDPR, you may have a legitimate interest in sending email to employees using their work email address to drive engagement with the platform and deliver return on investment for providing this benefit. We recommend you carry out a legitimate interest assessment (LIA) to confirm this is appropriate for you.

As they are business email addresses, the subscribers are deemed corporate subscribers under PECR. PECR rules on consent do not apply to electronic mail sent to corporate subscribers.

It is also important to note that consent must be freely given. Because of the employer-employee relationship in which the employer has more power, obtaining consent from your employees to opt in is unlikely to be seen as consent that was freely given.

*Please note that the recommendation to use legitimate interests as your lawful basis is for guidance only and does not constitute legal advice.

How often will my employees receive emails?

On average, we send two to three email campaigns a week. There are certain times of the year where we may send more, which correspond with peak shopping periods such as Black Friday and Christmas or our special events such as Red Week and Wellbeing Week.

We actively monitor and manage the number of emails that we send out to your employees every week. We regularly review feedback from you and your employees and evolve our email templates and campaign planning approach to ensure the content is engaging, relevant and offer genuine value to your employees.

When one of our campaigns covers sensitive topic, such as Mother’s day or Father’s day, we also send an additional email to give your employees the option to opt-out from receiving that campaign if they don’t wish to receive it.

Thanks to our employee savings app, we can also make use of push notifications about offers and increased discounts which helps us manage the number of mailers going out every week.

Finally, but importantly, your employees can unsubscribe from receiving our marketing emails at any time.



What if my employees want to receive these emails to their personal email address?

They can simply update their subscription options to add a personal email address and give their consent via the employee savings platform.

If they only want to receive the emails to their personal email address after opting it in, they can simply opt their work email address out of receiving our marketing emails.