Direct Mail B2B/B2C – Opt-Out

Australian privacy law gives individuals the right to exercise choice with respect to whether they want to receive marketing communications. Marketers can only use or disclose other types of personal information for direct marketing if:

  • they collected the personal information directly from the individual and the individual would reasonably expect their personal information to be used or disclosed for direct marketing
  • the individual has consented to their personal information being used or disclosed for direct marketing, or
  • it is impractical to get the individual’s consent to their personal information being used or disclosed for direct marketing

 

When marketers use or disclose an individual’s personal information for direct marketing, they must:

  • provide the individual with a simple means of opting out of future direct marketing communications
  • give the individual information about how to opt out in each direct marketing communication (such as by including an obvious statement in the direct mail piece) – this only applies where the marketer collected an individual’s personal information from someone else, or where the individual would not reasonably expect their personal information to be used or disclosed for direct marketing purposes
  • if requested, stop using or disclosing an individual’s personal information for direct marketing within a reasonable period of the individual making the request, and
  • if requested, tell the individual the source of their personal information within a reasonable period of time – generally within 30 days of the request