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6 Comments

Can I email users who signed up?

We setup our site Pic.Hance (https://pichance.com/) so you have to sign up before using the product. We got over 5000 people who signed up! I want to send them updates about the product, but since it wasn't an explicit 'Sign up for more updates' kind of a deal, I am wondering is it ok/legal for me to email them with updates about our features?

Appreciate any guidance.

  1. 2

    Not a lawyer, but familiar with GDPR

    No, this is not legal under GDPR and most privacy & spam-mail regulations.

    Your users did not explicitly consent to receive updates regarding your product. These updates would be considered advertising, which, again, they did not sign up to receive.

    Broadly speaking, you can only send your users an eMail if:

    • They explicitly agreed to receive them
    • The eMail is vitaly important to fullfill your contract with your user
    • The user can reasonably expect to receive such eMails as part of your service

    So if there's a service disruption / change to TOS, change in pricing, etc. it would be reasonable to assume that your users need to know about it in order for you to fullfill your contract / your TOS with them / because your users can reasonably expect to receive such eMails when signing up for your services.

    Just notifying your users regarding big updates is advertising and not covered under the latter two reasons and can only be done if you acquire consent from your users under the first point (explicit agreement).

    1. 1

      Thanks! Yeah I figured GDPR would not allow it but did not know about other regulations.

  2. 1

    It is not legal for EU citizens (they have to opt-in), not sure about the rest of the world. Aside from legality, as a user i find it annoying and will add your to the spam filter.

    1. 1

      Yes! GDPR was what I was most concerned about.

  3. 1

    This is not legal advice and I am not a legal expert.

    Mailchimp allows you to import your lists of people and also gives them an opt-out option. If your emails are going through Mailchimp I think they have done the legal checking about what emails can be sent, opt-outs, etc. Also it is free for a certain amount of subscribers.

    1. 1

      Well Mailchimp would not be necessarily checking the email and if I should send them since I didn't use their widget with opt-ins etc. But I like the idea - I can maybe do it for non European countries.

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