There is no disputing that the rise of data in marketing has been the biggest boon for marketers in the last half of a century. We spend billions of dollars every year collecting, storing and managing this data, and yet, when asked about it, most consumers would trade the targeted marketing they receive for more privacy. The question becomes, how do email marketers handle the new realities of the regulatory frameworks post GDPR and CPPA, customer privacy concerns and the needs of our own businesses to create lasting, durable email programs? The answer is simply this: users over data. Trust, empathy and a laser focus on the customer experience have always been the keys to successful businesses. The internet hasn’t changed that. Building a brand based on transparency and trust by giving users back the power over their data will create a more valuable (and more profitable) customer relationship that will be less dependent on the whims of big tech providers and government regulators. In this talk we’ll cover things like: What does consent actually mean, and how can you get it? Tips for creating a transparent and trusting customer relationship. How to MEASURE the monetary value of things like trust, transparency, and brand equity. Building a safe and useable data structure for your email programs. Creating preference centers that are useful to the customer and to the brand.

1. Empathy, Privacy and
Future-Proofing Your Data
#LITMUSLIVE @phil_herbert

2. #LITMUSLIVE @phil_herbert
Slides and extra reading:
phil-herbert.com/litmus

3. I’ve worked with
#LITMUSLIVE
@phil_herbert

4. How we think about
these things traps us
into the status quo.
#LITMUSLIVE
@phil_herbert
It’s a trap!

5. #LITMUSLIVE
@phil_herbert
$44 billion
of data is sold every year
by Facebook, Instagram, and Twitter.

6. #LITMUSLIVE
@phil_herbert
5.5 GB
of data per user is collected by
Google.

7. #LITMUSLIVE
@phil_herbert
71%
of consumers are worried about how
brands use their personal
information.

8. #LITMUSLIVE
@phil_herbert
92%
of consumers say they should be
able to control the information about
them.

9. Data maximization
turns our customers
into statistics.
#LITMUSLIVE
@phil_herbert

10. It’s time to reframe our
approach to our
customer relationship.
#LITMUSLIVE
@phil_herbert

11. #LITMUSLIVE
@phil_herbert
Avoid Empathy

12. #LITMUSLIVE
@phil_herbert
Empathy creates
opportunities for bias

13. #LITMUSLIVE
@phil_herbert
“Empathy seeks to validate someone
else's lived experience by centring
our own.” - Tatiana Mac (@tatianatmac)

14. #LITMUSLIVE
@phil_herbert
Emotional exploitation
is not good marketing

15. #LITMUSLIVE
@phil_herbert
We need to UNDERSTAND
our customer, not feel with
them.

16. #LITMUSLIVE
@phil_herbert
Privacy compliance
isn’t the end goal.

17. #LITMUSLIVE
@phil_herbert
Compliance makes us
play Whack-a-Mole
with regulators.

18. #LITMUSLIVE
@phil_herbert
Compliance takes time
away from actually
interacting with
customers.

19. Google spent hundreds of
human years complying
with GDPR

20. #LITMUSLIVE
@phil_herbert
Compliance doesn’t
make our customers
feel any safer.

21. #LITMUSLIVE
@phil_herbert
Compliance doesn’t
advance our customer
relationships.

22. #LITMUSLIVE
@phil_herbert
Consumers want to know the
data collected about them is
SAFE.

23. #LITMUSLIVE
@phil_herbert
Every byte of data collected
is a responsibility, and
a liability.

24. #LITMUSLIVE
@phil_herbert
Only 16% stopped doing business
with an impacted company.

25. #LITMUSLIVE
@phil_herbert
Only 16% stopped doing
business with an impacted
company.

26. #LITMUSLIVE
@phil_herbert
ONLY 16% stopped doing
business with an impacted
company.

27. “Lose One of Every Six Customers
You Have With This Simple Hack.”
Home Politics News Fake News Sports

28. #LITMUSLIVE
@phil_herbert
Consumers want us to
do more than the bare
minimum...

29. #LITMUSLIVE
@phil_herbert
...and they are telling
us with their dollars.

30. #LITMUSLIVE
@phil_herbert
The only way to win is
to not play the game.
Kobayashi Maru!

31. #LITMUSLIVE
@phil_herbert
How do we end our data
maximization practices?
We talkin’ about
practice man!

32. Data Minimization:
Safer from hacking.
#LITMUSLIVE @phil_herbert

33. Data Minimization:
Safer from hacking.
Fewer resources to manage.
#LITMUSLIVE @phil_herbert

34. Data Minimization:
Safer from hacking.
Fewer resources to manage.
Less distraction in analytics.
#LITMUSLIVE @phil_herbert

35. #LITMUSLIVE
Use a data audit to
purge data.
@phil_herbert

36. Data Audit:
If you haven’t used something
in a year, then don’t keep it.
#LITMUSLIVE
CustomerData2009_Final_v2_Final.xlsx
Does this data bring you joy?
@phil_herbert

37. Data Audit:
Do not keep or collect
anything that has no value
to the customer.
#LITMUSLIVE @phil_herbert

38. Data Audit:
Do not keep or collect
anything that could be used
in a dangerous manner.
#LITMUSLIVE @phil_herbert

39. Data Audit:
Ask yourself if there is
another way to achieve the
same goal.
#LITMUSLIVE @phil_herbert

40. #LITMUSLIVE
@phil_herbert
Measuring Success

41. Forget about ROI:
ROI is measured on too-short of
timeframes
#LITMUSLIVE
@phil_herbert

42. Forget about ROI:
ROI is measured on too-short of
timeframes
Assumes you are capable of
measuring everything of value
#LITMUSLIVE
@phil_herbert

43. Forget about ROI:
ROI is measured on too-short of
timeframes
Assumes you are capable of
measuring everything of value
Puts profit ahead of values
#LITMUSLIVE
@phil_herbert

44. Creating Success:
Use Lifetime Customer Value
#LITMUSLIVE @phil_herbert

45. Creating Success:
Use Lifetime Customer Value
Focus on your new customers
#LITMUSLIVE @phil_herbert

46. #LITMUSLIVE
Sometimes we just
have to do the
right thing.
@phil_herbert

47. We can build lasting
relationships on
trust and consent.

48. Trust is easy:
Say what you mean
#LITMUSLIVE
@phil_herbert

49. Trust is easy:
Say what you mean
Do what you say
#LITMUSLIVE
@phil_herbert

50. Trust takes time and has
to be earned.

51. #LITMUSLIVE
@phil_herbert
Create that time
through relevant
communication.

52. #LITMUSLIVE
@phil_herbert
Personalization ≠ Relevance

53. #LITMUSLIVE
@phil_herbert
Relevance without
personalization =
GOOD

54. #LITMUSLIVE
@phil_herbert
Personalization
without relevance =
CREEPY

55. #LITMUSLIVE
@phil_herbert
22%
of consumers will choose another
brand after a creepy ad experience.

56. #LITMUSLIVE
Product knowledge is
better than personal
knowledge.
@phil_herbert

57. One Book
Many New Recommendations

58. #LITMUSLIVE
@phil_herbert
85%
more profit per customer when you
have a trusted brand.

59. We can build lasting
relationships on
trust and consent.

60. #LITMUSLIVE
@phil_herbert
What does consent actually mean?

61. According to RAINN:
Consent requires communication
#LITMUSLIVE
@phil_herbert

62. According to RAINN:
Consent requires communication
#LITMUSLIVE
@phil_herbert
Communication means
talking AND listening.

63. According to RAINN:
Consent requires communication
Consent should happen EVERY. TIME.
#LITMUSLIVE
@phil_herbert

64. According to RAINN:
Consent requires communication
Consent should happen EVERY. TIME.
Consent can be revoked at any time
#LITMUSLIVE
@phil_herbert

65. Consent is not:
Assuming you have permission
because you’ve done it in the past
#LITMUSLIVE
@phil_herbert

66. Consent is not:
Refusing to acknowledge “no,” or not
giving an opportunity to say “no”
#LITMUSLIVE
@phil_herbert

67. Consent is not:
Pressuring someone by using fear
or intimidation
#LITMUSLIVE
@phil_herbert

68. Consent is not:
Pressuring someone by using fear
or intimidation
#LITMUSLIVE
@phil_herbert
This includes fear of loss,
like coupons or offers.

69. Consent is not:
Agreeing to escalation because
you’ve said yes to one thing
#LITMUSLIVE
@phil_herbert

70. #LITMUSLIVE
@phil_herbert

71. #LITMUSLIVE
@phil_herbert
244 Hours
a Year

72. #LITMUSLIVE
@phil_herbert
Can a consumer really
consent to marketing?

73. #LITMUSLIVE
Gaining Consent
through the
Preference Center
@phil_herbert

74. #LITMUSLIVE
For true consent there
must be clarity in
communication, and a
value exchange.
@phil_herbert

75. We will collect
To do
You will benefit because
#LITMUSLIVE
Are you ok
with this?
@phil_herbert

76. “We work with these third
parties who have access to
these specific data, and here
are THEIR privacy policies.”
#LITMUSLIVE @phil_herbert

77. “Here is how you can access
what we have collected about
you and edit/delete it.”
#LITMUSLIVE @phil_herbert

78. Other considerations:
Periodic reminders to revisit
their preferences
#LITMUSLIVE @phil_herbert

79. Other considerations:
Periodic reminders to revisit
their preferences
Avoid asking about specific
types of content
#LITMUSLIVE @phil_herbert

80. #LITMUSLIVE
@phil_herbert
Think honestly about
why you collect certain
things.

81. Bad Value Props:
“This will make our display ad
buys cheaper.”
#LITMUSLIVE
@phil_herbert
Don’t collect anything that doesn’t
have value to the customer.

82. Bad Value Props:
“We pass this on to third party
applications and don’t really know
what happens after that.”
#LITMUSLIVE
@phil_herbert
If you collect it, you are responsible
for what happens to it afterwards.

83. Bad Value Props:
“We’ve been collecting this since 1998
and nobody has bothered to wonder
why.”
#LITMUSLIVE
@phil_herbert
Don’t collect what you aren’t going to use

84. Good Value Props:
“This is core to our
functionality and the product
won’t work for you without
it.”
#LITMUSLIVE @phil_herbert

85. Good Value Props:
“This will help us learn about
our customers so we can
make better products and
improve our communication
with you.”
#LITMUSLIVE @phil_herbert

86. Good Value Props:
“This information will make
it faster for you to do things
on our website.”
#LITMUSLIVE @phil_herbert

87. Good Value Props:
“We can’t really tell you yet,
but we are going to be doing
something very cool.”
#LITMUSLIVE @phil_herbert

88. Good Value Props:
“We can’t really tell you yet,
but we are going to be doing
something very cool.”
#LITMUSLIVE
Trust Level 💯
@phil_herbert

89. Use constraints to
drive creativity
#LITMUSLIVE @phil_herbert

90. There is nothing worse
in email marketing than
blending in. “On Wednesdays we
wear green”

91. Only a few hours left!
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Final Hours! Last Chance to Save 30%
Final hours for 25% off!
Cyber Monday Specials Expire At Midnight
Final Hours! Last chance to save 20%
50% off sitewide ends soon, use it or lose it

92. Thank You
Slides and extra reading:
phil-herbert.com/litmus