The document summarizes a data protection conference that took place on March 1st, 2012 in London. It includes an overview of several presentations given at the conference on topics related to upcoming changes to European data protection laws and their implications. Key points from some of the presentations include clarifying what types of technologies the new laws will cover, guidance provided from legal and regulatory perspectives, how prepared UK companies are for the changes, and potential impacts, such as many free internet services may no longer be free or possible without the use of behavioral advertising. The conference aimed to help organizations understand and prepare for the new requirements around data protection and user consent that would take effect in May 2012.

1. The DMA data conference
Thursday 1 March 2012, London
#dmadata
Gold sponsor Gold sponsor Media partner

2. Welcome from the chair
Terry Hunt
Chief Executive Officer, Customer & Co

3. Keynote Address
Christopher Graham
Information Commissioner

4. European data protection
reform
Achim Klabunde
Policy Officer Data Protection, Directorate General for Justice,
European Commission
Achim has requested his slides are not made available

5. UK’s position on European
data protection reform
The Rt Hon. Sir Alan Beith MP
Chairman of the House of Commons Justice Select Committee

6. Refreshments & networking

7. Countdown to cookie
compliance
Fedelma Good
Head of Marketing Privacy & Information Management, Barclays
Marc Dautlich
Partner and Head of Information Law, Pinsent Masons LLP

8. DMA Data Protection
Conference 1st March 2012
Countdown to Cookie Compliance
Fedelma Good
Head of Marketing Privacy & Information Management, Barclays
Marc Dautlich
Partner and Head of Information Law, Pinsent Masons LLP

9. Introduction
http://www.dma.org.uk/content/countdown-cookie-compliance%E2%80%A626-may-2012

10. Covering
• Introduction
• Clarifying the boundaries of the revised law
• Guidance - from the legal and the regulatory perspective
• How ready is UK plc for May 26th?
• What impact are the changes likely to have?
• Some final, practical advice

11. Clarifying the boundaries of the revised
law
Beware: The law doesn’t just cover cookies
• The law isn’t actually about cookies, but because it affects them so much people
have started calling it the ‘Cookie Law’
• The law covers all technologies which store information in the “terminal equipment" of
a user, and that includes so-called Flash cookies (Locally Stored Objects), HTML5
Local Storage, web beacons or bugs…and more
And it doesn’t just apply to websites …
• You also need to think about other instances where similar technologies are used e.g.
emails and Apps.
But intranet sites are excluded
• i.e. sites targeted purely at your employees.

12. In summary
Those setting cookies must:
• tell people that the cookies are there,
• explain what the cookies are doing, and
• obtain their consent to store a cookie on their device.

13. Can browsers help?
• The law provides that browser settings can be used to indicate
consent, but, the view of the ICO is that current browser settings are
inadequate for the task.
• The hope is that browser software will provide a solution (but this
would rely on 100% uptake of any new releases).
• Microsoft's Internet Explorer 9 browser already offers a setting to
protect users from potentially intrusive cookies.
• Firefox and Google's Chrome could soon follow suit as they attempt
to integrate 'Do Not Track' technologies.
• Safari, the default web browser on the Apple iPad and iPhone,
blocks third-party cookies by default.
• DCMS are continuing to talk with the browser manufacturers and we
hope to hear more from this in the near future.

14. Guidance
… from the legal and the regulatory perspective
The ICO’s perspective
• On 13 Dec 2011 the ICO issued his half-term report on how things
are going. His verdict, he wrote, "can be summed up by the
schoolteacher's favourite clichés: 'could do better' and 'must try
harder'. A report that listed the URLs of sites that were perfectly
compliant from day one would be very short indeed. This is not a
surprise to anyone who recognises that redeveloping and
redesigning is no easy task.“

15. The ICO’s core advice remains the same:
“It is not enough simply to continue to comply with the 2003
requirement to tell users about cookies and allow them to opt out.
The law has changed and whatever solution an organisation
implements has to do more than comply with the previous
requirements in this area.”
1. Check what type of cookies and similar technologies
you use and how you use them.
2. Assess how intrusive your use of cookies is.
3. Decide what solution to obtain consent will be best in
your circumstances.

16. Take some comfort …
• “The guidance we’ve issued today builds on the advice we’ve
already set out, and now includes specific practical examples of
what compliance might look like. We’re half way through the lead-in
to formal enforcement of the rules. But, come 26 May next year,
when our 12 month grace period ends, there will not be a wave of
knee-jerk formal enforcement actions taken against those who are
not yet compliant but are trying to get there.”

17. Some recurring questions
• Websites with a global audience?
• Legal responsibility vs brand impact?
• Who goes first (or last)?
– Will big brands wait until 26th May to make their website changes
live or will they step out bravely earlier than this?
• The do nothing brigade?
– Are those who have decided to do nothing playing a dangerous
(or a clever) game?
• Consumer awareness?
– As awareness and understanding increase will website users
who come across non compliant sites be more likely to
complain?
Page 17

18. Some emerging approaches
• IAB
• ICC
• Non-trade association approaches:
– Evidon
– CookieQ
Page 18

19. How ready is UK plc for May 26th?
• Google awareness campaign – Good to know
• Google
• Redbridge Media
• BBC
• DCMS
Page 19

23. What impact will all this have?
The (free) internet relies on cookies …
• A large number of services may only be offered – free of
charge – because their providers finance them by means of
advertising and behavioural targeting has proved to be the
most efficient method of advertising on the Internet.
• In other words, many services that are available on the
Internet could not be offered at all or at least not free of
charge, if they were not financed by advertising.

24. What impact will all this have?
• Conservative estimates are that over 92% of websites in the
EU use cookies at the moment
• They’ll either have to stop using cookies, or start gaining
consent
• And the burning issue is … how to gain consent
• A business coalition has created a website to illustrate how
the Dutch transposition of the European E-Privacy Directive
would impact the web surfing experience …

26. What impact will all this have?
• There are other sites that demonstrate the potential impact in a
humorous way including David Naylor’s site …

30. What impact will all this have?
• And no matter what choice you make the impact could be significant …

31. Ouch!

32. Some final, practical advice
• If you haven't already started to look at the issue, do so today
• Inform and educate internally
• Ensure the issue is understood by senior stakeholders
• Allocate budget and resource
• Set up a cross functional task force to manage the process
through to completion
• Ensure customer facing staff know what to say if customers
ask what your organisation is doing to comply
• Make easy and immediate changes e.g. add to your existing
cookie policies to tell your customers that you are getting
ready
Page 32

33. Some final practical experience
• Identify all your websites
• Audit your websites
1. Check what type of cookies and similar technologies
you use and how you use them.
2. Assess how intrusive your use of cookies is.
3. Decide what solution to obtain consent will be best in
your circumstances.
• Implement and test your solution
• Provide clear and understandable descriptions of
cookies (in same or similar language to others?)
Page 33

34. And finally
• Remember that this is not just about being compliant for
26 May 2012:
– Set up policies and procedures to manage the issue going
forward
• Ensure the issue is understood by senior stakeholders
Page 34

35. Thank you.
Page 35

36. Has data compliance killed
the telemarketing channel?
Mark Walton
Chief Executive Officer, Aquira

37. Mark Walton, C.E.O.

38. Will Data
the
Legislation
kill
Telemarketing channel ?

39. 60 million
records a year
20,000
new customers a month
1000
managed staff

41. £2 billion
1.1 m people
500 businesses
60,000 in telemarketing

42. 124 companies
86% said ‘telemarketing
important’
68% planning MORE

43. intrusive
generic
valueless
intimidating
annoying
dishonest
time-consuming
distracting
scary !

44. rant to Ofcom..
Source: ICO, 6 Jan 2012 September 2010 to September 2011
Source: Ofcom, CCT data
1 2

45. EC legislation headlines
Affects storage
•It’s personal !
•Security and
us all
• Why, what purpose, how long?
•Rightmore portability & complaint
Be to access proactive
•Communications – EXPLICIT OPT-IN
Severe fines
•Pro-active breaches – come clean!

46. (a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data
have been disclosed, in particular the recipients in third countries;
(d) the period for which the personal data will be stored;
(e) the existence of the right to request from the controller rectification,
erasure or restriction of processing of personal data concerning the data
subject; (right of access)
(f) the right to lodge a complaint to the supervisory authority and the
contact details of the supervisory authority;
(g) communication of the personal data undergoing processing and of
any available information as to their source.

47. telemarketing hits legislative brick wall?
17.2 million TPS
12 million landline
5.2 mobile
Multi-channel access
Sophisticated consumers messages a day

48. Telemarketing can be
positive

49. Conversion rates & ROI
Affinity Online Retail Telemarketing

50. Standard
Standard Enhanced
Enhanced
LEAD GENERATION
Bound by figures
Data DMC Rate
Data
30.00%
Data
50.00%
Calls Per Hour 22 10
DMC’s Per Hour 6 5
Productive Hours Per Day 6.5 6.5
DMC Conversion Rate 1% 12.50%
Sales Per Agent Day 0.43 4
Data Penetration Rate 50% 80%
Driven by data
Data Required Per Day
Cost Per Lead
286
£0.10
82
£1.50
Data CPA £66.67 £30.28

51. Consumer
insight
we can target you

52. Emerging telco
negative press
Ofcom penalties ?
97
complaints

53. getting it right
3 million
records per month
20 million
records hosted
Dialler ready data
Sales coaching
Performance and MI reporting

54. getting it right
results
• Successful performance model developed
• 10,000 additional customers every month
• Cost per sale down by 16% (lowest ever )
• Sales up 30% on year
• Annual data usage reduced by 150%
• ROI has saved over £1million per year
• Reduced non compliant data usage to zero
• Mitigated bad publicity and avoided Ofcom penalties

55. Data Legislation
will not kill
the
Telemarketing
channel

56. Mark Walton, C.E.O.
www.aquira.co.uk 0843 289 0500 Thank you.

57. Break out sessions

58. Best practice and legal
issues of social media
Stephen Groom
Head of Marketing and Privacy Law, Osborne Clarke

59. Best Practice and Legal Issues of
Social Media
Stephen Groom
Head of Marketing and Privacy Law
Osborne Clarke London
1 March 2012

60. osborneclarke.com
Coming up
• Some basics
• Top ten social media cases: you are the judge
• Key lessons
60

61. osborneclarke.com
Some basics: CAP Code
• ASA-enforced "CAP" UK Code of Non-broadcast Advertising,
Sales Promotion and Direct Marketing ("CAP CODE") applies to
any marketing activity in social media provided it is:
– under the advertiser's control and
– directly connected with the supply or transfer of goods, services,
opportunities and gifts or
– directly soliciting fund-raising donations
• Penalties:
– full case report published
– removal of paid-for search linking to relevant page
– ASA paid-for ads on search engines, highlighting advertiser's non
compliance
– microsite for non-compliant online advertisers 61

62. osborneclarke.com

63. osborneclarke.com
Some basics: unfair trading
laws
• Consumer Protection from Unfair Trading Regulations 2008
("CPRs")
• apply to the following in any media channel
– any act, omission, course of conduct, representation or commercial
communication (including advertising and marketing) by a trader which is
directly connected with the promotion, sale or supply of a product to or from
consumers
• Penalties:
– For businesses and consenting, conniving or negligent directors, managers,
secretaries or a person purporting to act in that capacity
– fines up to £5000 and up to 2 years in prison
– Injunctions under Enterprise Act 2002
– Public undertakings 63

64. osborneclarke.com
Some basic rules to follow
• Make it clear that an ad is an ad (and not someone's post)
– see "always unfair" commercial practices #11 & #22 in Consumer Protection
from Unfair Trading Regs 2008 Schedule 1
– See also 2.4 and 3.45 CAP Code-identify advertorials and testimonials must
be genuine
• CAP Code basic rules: legal, decent, honest, truthful
• User-generated content
– must comply with CAP Code if adopted, highlighted etc by advertiser
– re-tweeting could trigger CAP Code testimonial rules
• Data protection: collecting personal data from/contacting
individuals on social media? Comply with DPA/PECRegs
64

65. osborneclarke.com
Social media- marketing on Twitter
• See Twitter's own rules:
– Promoted Products Policy, UK Guidelines and
Guidelines for Contests on Twitter e.g.
• get permission to use another's Tweets
• promo rules should disqualify entrants using multiple
accounts to enter
• discourage repeated retweets
• Promoted Products targeted to the UK that directly promote
unlicensed gambling services not allowed
• NB Celebrity Tweet issues-watch out for the Office of Fair
Trading
65

66. osborneclarke.com
Social media-marketing on Facebook
• See Facebook's own rules:
– Promotions Guidelines, Advertising Guidelines and
Platform Policies
– Promotions must for example:
• state that promo is in no way sponsored, endorsed, administered or
associated with Facebook
• not condition entry on user taking any action using any Facebook
features or functionality other than liking a page
• not use Facebook features or functionality as an entry mechanism eg act
of liking a page
• NB Sponsored stories- CAP Code rules re: eg alcohol
66

67. osborneclarke.com
Top ten cases #1
OFT vs Handpicked Media Feb 2011
• Handpicked Media ("HPM") operates a commercial
blogging network
• As part of its client services, it engages bloggers to
provide editorial coverage of topics eg fashion, music
• Blogs include favourable references to HPM clients
• Appear on various sites including Twitter
• No mention of commercial connection between blogger
and brands
• OFT investigates..
67

68. osborneclarke.com
Top ten cases #2
Nestlé and Greenpeace March 2010
• Greenpeace accuses supplier of palm oil to sweet brands
of illegal deforestation
• Kraft/Unilever suspend contracts, Nestlé: we will
investigate first
• Greenpeace posts a video criticising Nestlé
• Nestlé takes legal action to get video taken down
• Greenpeace calls for mass retaliation
• Nestlé's Facebook page fills up with complaints and user
profile pics carry altered Nestlé logos
• Nestlé tells users it may delete altered logos from profiles
68

69. osborneclarke.com
Top ten cases #3
Preece v JD Wetherspoon PLC May 2012
• Wetherspoon employee handbook reserves right to take
disciplinary action if …
• any employee blog "including pages on sites such as Facebook
..is found to lower the reputation of the organisation, staff or
customers"
• Pub manager Miss Preece posts negative comments on
Facebook about verbal abuse and physical threats she
suffered at hands of two named customers
• Miss Preece thought only 40-50 of her closest friends
would see these. She actually had over 600 contacts
• Preece is sacked for gross misconduct and appeals
69

70. osborneclarke.com
Top ten cases #4
Snickers/ Rio Ferdinand et al Jan 2012
• Rio Ferdinand, Katie Price & ors start posting odd Tweets
ending with their photo with a Snickers bar
• Last Tweets link to an @snickersUKhungry#spon account
set up by Mars
• Unclear whether the personalities are paid by Mars
• Two complaints to the ASA
• The ASA is investigating
70

71. osborneclarke.com
Top ten cases #5
Ebuyer and the ASA December 2011
• Website for online electrical goods retailer Ebuyer.com
• "Foehn & Hirsch Portable WiFi Internet Radio (black)" and
showed four and a half stars
• Further text states "17 reviews", all favourable
• Complainant's negative review does not feature and he
complains to the ASA
• Ebuyer to ASA: "current filters are pre-set to show those
ratings which are most useful and these will be more
positive than negative"
71

72. osborneclarke.com
Top ten cases #6
Hays Recruitment vs Ions June 2008
• Middle ranking Hays consultant Mark Ions…
• uses his LinkedIn network to approach clients for his own
rival agency "Exclusive Human Resources" ("EHR")
• EHR set up 3 weeks before Ions resigns from Hays
• Hays apply to court for an order that Ions hands over his
LinkedIn business contacts
• AND all emails sent to or received by his LinkedIn account
from Hays computer network
• AND all documents showing any use by Ions of the
LinkedIn contacts and any business obtained from them
72

73. osborneclarke.com
Top ten cases #7
Mercedes Benz "Win a Vito" promo Jan 2012
• Entrants to submit creative content showing why they
should win
• Judging panel draws up shortlist of 10 for public vote
• Ts and cs: right to alter, amend or foreclose at any time
• During voting, a contestant complained that 2 other
entrants had posted their entries on forum sites using
public voting systems
• After initially saying this was OK, Mercedes Benz ("MB")
discovers that the 2 entrants had been offering to pay for
votes
73

74. osborneclarke.com
Mercedes Benz "Win a Vito" promotion #2
• MB suspends voting period, disqualifies 2 entrants and….
• amends ts and cs to
• reserve right to disqualify any finalists if it has reason to believe
anyone voting for their submission has been paid or incentivised in
any way, either by a finalist or a third party
• MB restarts voting
• MB discovers that the original complainant is using websites allowing
her to exchange votes with other contest entrants
• MB disqualifies complainant
• Complainant complains to the ASA that late change to the rules
unfairly led to her disqualification and that the contest had not been
conducted fairly
74

75. osborneclarke.com
Top ten cases #8
Coastal Contacts, Inc (US) November 2012
• Coastal Contacts ("CC") Facebook page:
• "Like this page! So you can get your free pair of glasses"
• Competitor 1-800-Contacts complains to the National
Advertising Division ("NAD") that CC had been misleading
and fraudulent by…
• omitting to mention offer conditions such as the need to
pay cost of shipping and handling until after "like" clicked
and ……
• mentioning the number of "likes" received from all its
Facebook pages globally in later press releases given to
investors 75

76. osborneclarke.com
Top ten cases #9
PhonepayPlus and Captive Interactive Feb 2012
• Captive Interactive operates "Miss Teen Queen UK", an
online beauty pageant ..
• and encourages contestants to post promotional material
on Facebook urging friends to send texts supporting their
entry
• The number to text is a premium rate service number
• One contestant does this and as a result two sisters aged
11 and 12 spend a collective £2548 texting their support
for that candidate
• PhonepayPlus investigates
76

77. osborneclarke.com
Top ten cases # 10
TripAdvisor and the ASA February 2012
• The TripAdvisor website states
• "read reviews from real travellers…offers trusted advice…more than
50 million honest travel reviews
• on review pages is TripAdvisor logo and "Reviews you can trust"
• KwikChex Ltd complains to the ASA that the above is
misleading as TripAdvisor does not verify reviews and
cannot not prove they are genuine
• TripAdviser: no review site can guarantee it is 100% fraud
free. Not practical to manually screen all reviews pre post.
All reviewers have to click to confirm that their review is
honest and genuine
77

78. osborneclarke.com
Sum-up
• Reviews, likes & other user-generated content: use
and present with care and remember copyright/moral
right!
• Employees, social media and brands -accidents waiting
to happen so review your employee social media policies.
• Data protection -so far the platforms, not marketers have
occupied data privacy headlines, but don't be the first to
change this and watch out for the new DP Regulation.
• Paid-for endorsements? Read the IBA/ISBA Guidelines.
78

79. osborneclarke.com
Any questions?
[insert photo here]
Height = 5.39cm
Width = 5.81cm
Stephen Groom
Head of Marketing & Privacy Law
T +44 (0) 207 105 7078
M +44 (0) 207 105 7078
stephen.groom@osborneclarke.com
www.marketinglaw.co.uk
79

80. Best Practice and Legal Issues of
Social Media
Stephen Groom
Head of Marketing and Privacy Law
Osborne Clarke London
1 March 2012

81. Lunch & networking

82. Multi-channel permission
management
Daniel Cross
Director of Strategy, Lateral Group
Chris Parkinson
Group Compliance Director, Lateral Group

83. Multi Channel Opt-in and Permission
Marketing

84. Today’s Agenda
• Introducing Lateral Group
• The regulatory challenge
• Case study and approaches
• Q&A time

85. Introducing Lateral Group

86. Lateral Group Our Vision & Mission
• We help our clients gain greater insights into their customers
and prospects, supporting them to profitably sell more
products and services by developing and enhancing
relationships through the creation and delivery of integrated
communications across all channels.
• We will continually demonstrate the successes that we
deliver our clients through the clear measurement of ROI,
driving on-going effectiveness and efficiency.

87. Key Propositions

88. Proposition Elements

89. The ICM Competency Framework

90. The Regulatory Challenge

91. Legislation
• Data Protection Act
• Privacy and Electronic Communications Regulation

92. DPA Requirements
• Have you gained the correct permission?
• Did you explain what you are going to use data for
• Fair processing notices, Privacy policies
• Did you gain consent?
• Freely given, full informed, specific to the
circumstances, and with a positive indication of the
Data Subject wishes
• Remember it can be withdrawn!
• You are not using the data for something else – are you?
• You can only use data for the purpose or purposes
specified at the point of collection

93. Legislation
• Privacy and Electronic Communications Regulation
• Is it a service message or marketing message
• Can you send a service message?
• Can you send a marketing message?
• Is it B2C or B2B?
• Different rules for each
• What sort, if any, opt-in do you have or need?
• Can you prove it?

94. Email Marketing
• Compliance Requirements
• From PECR and DPA
• Service message
• Opt in not required, but you must have permission
• or marketing message
• Opt in is required for consumers
• Not for business
• But different in different countries
• What is Opt-in or soft opt in

95. European Email opt in rules
Country Consumer Business
Austria Yes No
Denmark Yes Yes
France Yes No
Germany Yes Yes
UK Yes No

96. Email Opt In
• Soft Opt In
• If in the process of making a purchase a consumer
supplies their email address
• They consent to receive marketing email “for the time
being”
• On similar products and services
• As long as unsubscribe was offered at the time and in
every subsequent communication

97. Email Marketing
• Gathering Consumer Consent
• Cannot provide pre ticked opt in boxes
• See example
• Must opt in to having their email address passed to third
parties
• Each email communication must contain an unsubscribe
mechanism

99. Privacy and Consent
• When collecting consent
• Store the paragraph that the user signed up to against
record in database
• Give user as much choice as possible to get best
response
• Allow for service messages in web privacy
• Do not be too restrictive with definitions of usage
• You cannot easily change it later!
• Understand email requirements from PECR

100. Addressing the Challenge

101. Increasing Email Permissions
• The drive to integrate online channels to reduce costs
and develop relationships often highlights issues with
customer permissions.
• Often these arise through changes in permission
processes, legacy systems or new data acquisition.
• …there are a number of strategies available for
marketers to ensure that their permission data is
optimised in a multi-channel environment.

102. Email Permission Strategies
No Email Email
Permission
No Permission

103. Engage: Opt In Permissions Capture
•
Result: 31% increase in opted-in contacts

104. Questions

105. Consumer targeting through
the ages
Mark Patron
Chief Executive Officer, RedEye

106. DMA data conference
Multi-channel marketing
analysing multi-channel online data is like
trying to drink from a fire hydrant
Mark Patron
1st March 2012
10
6

107. Agenda
• Data Protection legislation
• How consumer data has developed
• Behavioural data - email example
• Multi-channel media attribution
10
7

108. Data Protection legislation
• European Data Protection legislation is good for the
advertising industry. Protects it from itself.
• Just compare with US self-regulation where three
quarters of Americans signed up to “do not call” list.
• Consumers in the US feel they have lost control of their
personal data. In Europe consumers have recourse
through Data Protection legislation.
• The balance between consumers’ right to privacy and
marketers’ wish to target is a fine and sometimes fraught
one.
• This balance changes over time, for example Tesco
Clubcard, 1 - 2% discount in exchange for personal data.
10
8

109. New EU Data Protection Directive
New right to be forgotten Good idea. Consumers
wound up if no one
remembers. Auditing?
Limits on profiling of In employment law for a fair
individuals selection or redundancy
process use a scorecard!
Data protection registration Really for mainframes!
requirements and costs Can legislation keep up?...
abolished
10
9

110. Facebook and privacy
• “Every year people are sharing twice as much
information as the previous year” Facebook CEO, Mark
Zuckerberg
• Facebook is a case study in how respecting and
protecting privacy is fundamental to trusting a brand
• Facebook, similar to many data driven businesses, has
an inherent conflict - it makes more money by being
more open with peoples’ personal data
• The next generation are growing up online and are not
passive recipients of information anymore, they share…
• But employers are discriminating against candidates
because of something they shared on Facebook
11
0

111. Google and privacy
Content tracking Google new privacy policy:
identify users across all its
services and integrate data
across all its services
Digital photographs
when & where taken Could locate individuals in any
+ face recognition digital photograph on internet
& derive where user has been,
with whom and doing what
Add YouTube and Android smartphones “implications are breathtaking”
Source: FT 16/2/12
11
1

112. Different types of consumer data
Transactional/RFM What?
Customer
Behavioural Where?
Demographic Lifestyle
How?
Credit
Attitudinal Market research Why?
11
2

113. How consumer data has developed
Date Type of data Source Recency 1st/3rd Revenue/
party user/yr
‘80’s Customer d’base Customer < 1 day 1st £50
transactions
Geodemographics Census < 10 years Anon. £0.05
‘90’s Lifestyle Lifestyle surveys < 6 months 3rd £2
‘00’s Transactional Co-op databases < 1 month 3rd £0.5
Search Google Real time 1st £15
Behavioural Web analytics and Real time 1st £50
email database
‘10’s Social media User generated Real time 1st/3rd £3
shared content
11
3

114. How do you segment your customers?
Source: Econsultancy/RedEye Conversion Rate Optimization Report 2011
11
4

115. What do you use segmentation for?
Source: Econsultancy/RedEye Conversion Rate Optimization Report 2011
11
5

116. Relevance is key
46% of respondents said
that irrelevancy is the
main reason for
unsubscribing from
company’s email
newsletters…
Frequency of emails is another reason with 23% of email
users listing it as a reason to unsubscribe.
11
6

117. How to make emails more relevant
11
7

118. How it is done
11
8

119. Evans Cycles case study
Evans Cycles implemented
a highly segmented,
customer lifecycle email
marketing strategy.
• 103% increase in year
on year revenue
• 2399% ROI
• 84.9% open rate
• 40.5% click through rate 2399%
ROI
11
9

120. Online data varies considerably in quality
Ov e r Re porting of Visitor Figure s ov e r 28 day pe riod
on xxx.com
700%
600%
500%
400%
300%
200%
100%
0%
1 3 5 7 9 11 13 15 17 19 21 23 25 27
IP Based Cookie Based
Method Good Limitations
IP Cheap and easy Inaccurate
garbage-in garbage-out
Cookie Cheap and easy, Cookie deletion and
More accurate blocking
Log in More accurate for More expensive
registered visitors, What to do about non
Better for targeting registered users?
Cookie & log in Much more accurate More expensive
More difficult
More commitment needed
Source: RedEye
12
0

121. Greatest challenges facing web analytics?
Web Analytics Association (2011) Outlook Survey
12
1

122. A typical customer journey
Origination Assists Last click
12
2

123. Media attribution - last click wins
• Default model since post click tracking began online in the
mid nineties and adopted as standard by Google AdWords,
DoubleClick and web analytics vendors
• Aggregators like MoneySupermarket have used a model
that allows them to own the prospect for up to 60 days
• Online data shows the full interaction a customer has with
the brand across all channels
• Enables you to see the time between visits, the influence a
channel has on each sale
• But it’s a lot of data to crunch…
12
3

124. What the data looks like
12
4

125. Monarch Airlines case study
• On average 60% of sales have some form of assist
• Half of all sales with an assist complete on a different
channel from the assist
• In some cases you can attribute up to 60% more of your
sales to tracked media rather than ‘unknown’ or ‘direct to
site’
• Media attribution analysis led to streamlining online
marketing activity:
• Migrating from PPC to SEO for destination terms
• Paid destination terms expensive & not converting OR
supporting SEO terms
• Increased investment in comparison site activity…
12
5

126. Assist Correlation Nodes – January 08
3.5%
Email Natural Search
All Sales All Sales
2.5% no assists
8.5%
48% self assist
18% no assists
45% self assists
2% 14.5%
4% 9%
3.5% 10%
17% 3%
Paid Search
Comparison
All Sales
17% no assists 4% Sites
Comparison sites
All Sale’s
42% self assists
29% no assists
29% no assists
30% self assists
Lower crossover to over
8.5%
channels
Increase investment 12
6

127. Assist Correlation Nodes – January 08
Drill into search
16%
Paid Search - Natural Search
Brand - Brand
12.5%
All Sales All Sales
17% no assists 16% no assists
42% self assist 41% self assists
4%
4% 0%
Non brand / Destination 4.5% 9%
0% 0% 4.5%
terms
Not influencing brand 8%
25%
Paid Search
terms Natural
0%
– Non
Brand
Don’t spend extra money Search – Non
Brand
All Sales
25% no assists
on expensive paid All Sales
0% 30% no assists
0% self assists
destination terms 31% self assists
12
7

128. Example output matrix
Closes sales - Spend More
% last Click Sales
Integrate with overall
strategy
Email
PPC
Display
SEO
Affiliate
Starts sales process -
Integrate in overall
Reduce spend strategy
% total contribution
12
8

129. Conclusion
• The balance between consumers’ right to privacy and
marketers’ wish to target is a fine and sometimes
fraught one
• 1st party data - consumers understand and expect
3rd party data - consumers expect permissioning
1st/3rd party sharing/network effects - more thought reqd.
• We are in danger of blindly giving up our future privacy
in return for free apps
• We need good regulation and privacy watchdogs to
protect consumers (and the advertising industry from
itself), but not to stifle innovation (or jobs)
12
9

130. Thank You
13
0

131. The impossible dream: How to
adopt basic rules to measure
your marketing
Matthew Tod
Chief Executive, Logan Tod & Co

132. The Impossible Dream?
Complete, accurate & cost effective Multi-Channel Measurement
Matthew Tod, CEO Logan Tod & Co
© 2011 Logan Tod & Co March 2, 2012

133. Retail & Consumer Clients
© 2011 Logan Tod & Co
2012 10 January 2012 133

134. What I’m going to talk about today
• The broken measurement model and the reasons it requires an
upgrade to meet the needs of Multi-Channel businesses
• Why most Cookies are broken and we should celebrate their
demise wholeheartedly
• The measurement challenge that we now must tackle
© 2011 Logan Tod & Co March 2, 2012 134

135. The consumer purchasing journey time for many
categories extends over a considerable period
Source: Google/Nielsen NetView – Beyond Last Click
© 2011 Logan Tod & Co March 2, 2012 135

136. The complexity of the purchase journey is much
greater than is usually appreciated
This is probably an underestimate
due to the nature of the survey
panel
Source: Google/Nielsen NetView – Beyond Last Click
© 2011 Logan Tod & Co March 2, 2012 136

137. The current measurement model is very simplistic
and is based upon an old fashioned view of the web
© 2011 Logan Tod & Co March 2, 2012 137

138. The simplistic model does not match the facts that
Logan Tod & Co measure for clients every day
Less than half of sales come
from the “1 click 1 channel”
model
Source: Logan Tod
© 2011 Logan Tod & Co March 2, 2012 138

139. The real Single View is very complex when real
consumer behaviour is mapped out over time
© 2011 Logan Tod & Co March 2, 2012 139

140. Cookies ‘suck’ as a tracking mechanism, so stop
worrying about them so much!
© 2011 Logan Tod & Co March 2, 2012 140

141. Our tracking methods are broken and need to adapt
and develop a whole new measurement paradigm
• Most tracking is binary (buy/didn't buy) and makes no allowance
for the consumer journey
• “Last Click” predominates
• We focus on single outcomes not value created
• No value in research? Too difficult? Poor knowledge?
• Scorecards provide a much better perspective on
campaigns
• By not showing the full impact of a campaign we
• Over simplify the marketing process
• Hide real insight into how consumers buy
• Undervalue our efforts
• Misrepresent ROI
© 2011 Logan Tod & Co March 2, 2012 141

142. The numbers don’t add up again, don’t pretend they do!
You need to think about a total measurement strategy
Perfection is unachievable, aim to lower uncertainty
You will need to accept working with samples of data
You will need to use statistical methods not counts
Testing has to be built in to all marketing activity
© 2012 02/03/2012 142

143. Defining your vision for a multi-channel data,
measurement and insight strategy
• What are the BIG questions you need to answer?
• How should I best allocate my marketing budget?
• How can I optimise each channel within a multi-channel context?
• What are the real constraints to faster more profitable growth?
• What is the VALUE of the answers to these questions?
• Measurement costs, but you have to spend appropriately, backed
by a proper business case, to justify it
• The business case is built by answering questions such as:
• What is the true profit you would generate from being 10%, 20% or
30% more effective at spending your marketing budget?
• What would be the value of focusing your development budgets on
the real constraints to growth?
© 2011 Logan Tod & Co March 2, 2012 143

144. Good questions need integrated data sets &
smarter methods to provide valuable answers
© 2011 Logan Tod & Co March 2, 2012 144

145. Good base data is essential; but currently there is a
lack of focus and investment
• ‘Buckets of campaign data’ held in different systems are
misleading, making sensible analysis impossible
• One source of ALL digital campaign data is a pre-requisite
• All means all! Search (paid, natural), Affiliate, Email, Display,
Comparison engines etc. recorded in one system
• The single campaign data collection tools include:
• Full data collector tools: Celebrus, Magiq
• Tag management tools: Tagman, Tealium, Site Tagger
• Web analytics tools: Adobe Omniture, Coremetrics, Google
Analytics, Webtrends
• Tools are not enough, process is needed to make it work
© 2011 Logan Tod & Co March 2, 2012 145

146. Single View cannot be achieved, so do simple things
quickly, earn a return, evolve and improve
• Connected ‘Islands of Excellence’ NOT a ‘Single View of the
customer ’ is the best option currently
• White Elephant ‘Single view of customer’ IT driven projects are too
slow, too expensive and will not yield a single view
• Build Island of Excellence first
• Campaign data: Single collection point for all campaigns
• Product data: Price, relative price, review score, availability
• Customer data: Transactions, engagement, comment
• Customer experience: Measure the experience across platforms
• Use Cloud based tools, like Quantivo, to speed up production of
each island and then connecting islands together
© 2011 Logan Tod & Co March 2, 2012 146

147. Tools like Quantivo are game-changers for multi-
channel data analysis & insight
Answer real-world questions to help
Answer real-world questions to help
you drive impressions, visits,
you drive impressions, visits,
conversions, or any other behavior.
conversions, or any other behavior.
1
This online media provider
This online media provider
discovered that Xbox channel
discovered that Xbox channel
content was bringing first-time
content was bringing first-time
visitors referred from Google back
visitors referred from Google back
for repeat visits...
for repeat visits...
2 ...and that those
...and that those
return visitors were 4x
return visitors were 4x ...and that sessions which featured
...and that sessions which featured
more likely to be
more likely to be visits to music game content more
visits to music game content more
attracted to music
attracted to music
games...
3 than doubled the average page views
than doubled the average page views
games... for that session, from 22 to over 45!
for that session, from 22 to over 45!
© 2011 Logan Tod & Co March 2, 2012 147

148. Statistical techniques are now a prerequisite to
understanding consumer behaviour properly
© 2011 Logan Tod & Co March 2, 2012 148

149. People & Skills
A new breed of Marketing Data Scientists is needed
who can use statistics and plan/execute the tests
needed to deliver answers
© 2011 Logan Tod & Co March 2, 2012 149

150. To summarise
• The current industry measurement model needs to be retired
• It is naive and does not reflect consumer reality
• It is broken because it relies so heavily on the discredited cookie
• It cannot provide the answers to proper business questiosn
• It undervalues the impact of may activities
• Get a measurement strategy before everything else
• Smart data collecting with a simple scalable approach enables
smart people to deliver competitive advantage
• So what is your plan?
© 2011 Logan Tod & Co March 2, 2012 150

151. Questions, suggestions and
feedback please!
matthew.tod@logantod.com
matthew.tod@logantod.com
© 2011 Logan Tod & Co March 2, 2012

152. Beyond the like: Measuring
value and effectiveness on
social media engagement
Roger Warner
Managing Director, Content & Motion

153. Refreshments & networking

154. Making sense of consumer data
in the digital world
Jonathan Burston
Sales Director, CACI

155. Making Sense of Consumer Data in the Digital World
Jonathan Burston
Sales Director, Integrated Marketing Group

156. A few years ago there was ‘The Line’…
Long lunches, beautiful ads, sexy models, big budgets…
Sales? ROI? The econometric model says we need more TV…
“We’re brand builders, darling.”
Targeted comms, just smaller budgets (& lunches)…
Response Rates may be low but it’s profitable…
“We use data-driven insight & analysis”.

157. …consumers interacted directly with brands
“ I buy in shop, direct or through an intermediary
I’ll ask friends or read reviews in magazines
I watch TV, read the paper, have a mobile
Identity theft is losing my wallet
My bank, the Government & data companies know me
Brands or data companies survey me
I can opt out or ignore comms ”

158. The information age has transformed this…
Explosion of channels
Google, Facebook, Apple etc. are the new data giants
Technology, software, social change?
We’re all fuelling this data explosion
More data for marketeers then ever before…

159. …consumers don’t just engage directly with a brand
800m Facebook users/ 100 million Twitter users
½ of all mobiles to be smartphones by 2015
Over 250m Tweets a day
Over 18bn App downloads via iTunes
Twitter has over 15bn API calls per day

160. Now we have what we’ve always craved: Contextual Data
Likes, dislikes, real-time location, preferences, interest…
Consumers openly supply data to brands & friends
Brand interaction can be tracked
Active
Word of Mouth can be measured Brand
Engagement
Consumer influence can be gauged
Tracking technology continually getting smarter

161. Digital trails are long and complex…
Network
Network
Comment
Comment Engagement
Engagement
Location
Location Sentiment
Sentiment Referral
Referral
Personal
Personal Interest
Interest IP Address
IP Address Affiliation
Affiliation
Purchase
Purchase Click-Stream
Click-Stream Cookie
Cookie Age
Age
Preferences
Preferences Open Rates
Open Rates Time/Date
Time/Date Income
Income
Click-Thrus
Click-Thrus Screen
Screen Geo-dems
Geo-dems
Likes
Likes Trigger
Trigger
Behaviour
Behaviour

162. …customer records are becoming more complex & diverse
Personal Data
Personal Data Personal Data
Personal Data
Demographic & Lifestyle
Demographic & Lifestyle Demographic & Lifestyle
Demographic & Lifestyle
Transactional Information
Transactional Information Transactional Information
Transactional Information
Comms Data
Comms Data Comms Data
Comms Data
Behavioural (Web & Comms)
Behavioural (Web & Comms)
Predictive (Web & Comms)
Predictive (Web & Comms)
UGI & CVI
UGI & CVI
Social Media Engagement
Social Media Engagement
Sentiment
Sentiment

163. A Consumer Digital Data Model
Web
Brand
ESP
P Cookies
Social
WEBSTE Media
Beacons
WEBSITE
P A
A WEB
ANALYTICS Flash Cookies
IDENTIFIABLE CONSUMER CONSUMER 3RD PARTY 3rd PARTY ANONYMOUS
CONSUMERS VOLUNTEERED DERIVED VOLUNTEERED DERIVED CONSUMERS
Personal data provided to an Data derived about consumers Data acquired on consumers Data collected & aggregated
organisation directly by or customers based on via 3rd party Social Media sites on anonymous consumers
consumers or customers observed behaviour (and intermediaries) based on observed behaviour
• Contact Details
• Contact Details • IP Address
• IP Address • Personal details
• Personal details • Web behaviour
• Web behaviour
• Preferences
• Preferences • Cookie data
• Cookie data • Network Size
• Network Size • Click-stream data
• Click-stream data
• Purchases
• Purchases • Browsing history
• Browsing history • Location
• Location • Location/ IP Address
• Location/ IP Address
• Location
• Location • Screen Resolution
• Screen Resolution • Brand affiliation
• Brand affiliation • Shopping Basket
• Shopping Basket
• Personal Data
• Personal Data • Email Behaviour
• Email Behaviour • Comment
• Comment data
data
• Privacy Options
• Privacy Options • Email Provider
• Email Provider • Sentiment
• Sentiment • Interests
• Interests
• Reviews
• Reviews • Preferences
• Preferences
• Brand sentiment
• Brand sentiment • Aggregated
• Aggregated
• Contextual data
• Contextual data demographics &
demographics &
• Brand Engagement
• Brand Engagement geo-demographics
geo-demographics
• Likes/ Dislikes
• Likes/ Dislikes

164. Marketing language is rapidly changing…
Open
APIs Networks
Amplification
Communities
Social
Conversational Networks
Marketing
Tradigital
Augmented
Marketing
Reality
Sentiment
Monitoring

165. …consumer expectations have increased
FROM TO
6 week reaction 0.06 second reaction
Single Channel Multiple Channels
One to Many One to One to Many
Push Pull
Data assimilation Customer dialogue
Muted Loud

166. Marketing models have to (and are) adapting
PUSH
Acquisition Growth Retention
PULL
Engage
Brands need to record, link, monitor and
utilise relevant data collected from inbound,
Influence outbound and intra-consumer conversations,
across all relevant channels to drive better
conversations and therefore have deeper
customer relationships
Amplify

167. Familiar challenges still exist
Data held in organisational silos
A lot is known about a few
Data rich; insight poor
Brand centric data, not user centric-data
Organisational planning still product, not consumer focussed

169. Have we lost our privacy?
Picture: viiphoto.ning.com

170. Where next?
• Consumer digital is increasing and will only increase
• Digital data market is changing rapidly – often daily
• Whether social, web behaviour, email behaviour, Open ID or all – no brand is
impervious & you’ll already be collecting this data
• Increasingly more difficult for marketing organisations to help clients have
coordinated ‘direct’ conversations with their customers
• Permission management still key

171. Jonathan Burston
Sales Director, Integrated Marketing Group
T: 020 7065 6137
E: jburston@caci.co.uk
@jonathanburston

172. From mad men to math men: A
look at the current
transformation of the marketing
industry
Gregory Roekens
Chief Technology Officer, Wunderman

173. Closing comments from the
chair
Terry Hunt
Chief Executive Officer, Customer & Co

174. Thank you for attending
To see a list of upcoming events please visit
http://www.dma.org.uk/event-listing