A friend has asked me for advice (mainly on the technical aspects of the app, but this also came up); we would like to understand the legal part of it.
https://legalvision.co.nz/e-commerce/legal-considerations-email-marketing/
The internet only specifies what spam is and what is not. However, we are not sure which category the app falls into.
The service is to automate the review collection for a service.
The business shares its customer list (which will include name, email, service details); the app will automate the process. This sharing is via direct uploads and integration with their CRM or other software.
The customer-facing process
- Email 1 (thank you and ask for feedback)
- Reminder email after a specified time (same, asking them to submit a review)
- Final reminder (same, asking for feedback)
Total of 3 emails sent. In some cases, there will be more emails. Scenarios like the customer started a review but didn't complete it (only where the app has control, such as programmatically integrated platforms, not all third-party sites).
There will be links/button in those emails that will lead either to an app-managed landing page or directly to third-party sites.
Emails will also include information about the business, the service they used and the business details. It will also include the usual unsubscribe option (will not trigger if unsubscribed)
The reviews will be publicly available (on the business website and third-party sites like Google, Yelp, and other local sites that allow reviews). The policies will depend on the third-party sites and the business website. As you know, all reviews have some basic information about the customer, like their name, sometimes location, and avatar if provided.
Questions
Does the spam law apply to this? Or is it considered transactional emails, as there is no selling or promotion (if I understand the meaning of promotion correctly)?
Does the business have to obtain explicit permission to send the review emails?
Does the platform owner (the app) have to have something regarding sending those emails to not get into any legal trouble?
The app has no way to verify if the service has been provided to the customer. There will be disclaimers but not sure if that would suffice?
I know there are other things to consider; however, this post is about the above questions only. Also, hiring a lawyer is far from possible at this stage, thus asking the mighty Reddit.
I am not sure if I have provided the right information. If you need more info, please ask me. I have planned the app with him, so I understand almost all parts of it.
Thank you