You can’t. It’s unethical and can get you into a lot of trouble. A person’s private data, including name and contact details, are protected by South African (POPI & CPA) and International (GDPR) legislation. Purchasing lists of contacts can end up costing you a lot of money and doing a lot of damage to your brand. Everlytic does not do business with companies who buy data. For tips on how to compliantly grow your database, visit our blog post on Keeping Your Database POPI Complaint.
We support electronic fund transfer (EFT) and debit order payments. In general, we only consider, in our sole discretion, a credit or refund in the event of a software and/or service malfunction caused solely or in part by Everlytic’s gross negligence. In the case of debit orders, if such amounts are legally owed to Everlytic, you won’t be due any refund of amounts withdrawn while the debit order authority is in force.
We work on 12-month contracts, which allows us to provide a discounted rate. You may cancel your agreement with us, subject to a month’s paid notice period, plus a reasonable termination fee based on the contract terms you entered into with us.
The Protection of Personal Information Act (POPIA) came into effect on 1 July 2020. The announcement by the President triggered a one-year grace period for South African organisations to make sure that they comply. So, D-day is 30 June 2021.
What we understand from the POPIA guide we did in collaboration with POPIA legal expert, Elizabeth de Stadler from Novation Consulting, is that the only safe way to buy a database is if you can prove that every person on that database has opted in for your communications specifically.
What we understand from the POPIA guide we did in collaboration with POPIA legal expert, Elizabeth de Stadler from Novation Consulting, is that there are a few ways you can do this.
Checkbox on contact form: Put a contact form on your contact us page with a checkbox that says something along the lines of “Yes, please send me marketing information via email”.
Start writing and sending out a regular email newsletter and invite people on your website to subscribe. You’ve probably seen many examples of this on other business websites.
Create gated content, where you write a digital guide or e-book that people can download once they’ve given you their contact details. However, they will still need to consent to receiving content from you if you want to contact them.
NB: All these options require you to make sure subscribers know exactly what you’ll send them once they opt in. If you send them anything not related to what they opted in for, you can get into trouble with the regulator.
In our POPIA guide, POPIA expert, Elizabeth de Stadler, provided several ways to reconsent your database, including inviting contacts to update their details, incentivising opting in, explaining how you protect their data in an opt-in communication, and reframing it as an opt-out initiative. Chat to your lawyer or read our POPIA guide for more guidance.
Please note: Everlytic isn’t a legal expert, and every situation is different – the best person to ask is always your lawyer.
We aren’t legal experts on this, but here’s an answer we can assume from an answer we got to a similar question in the POPIA webinars we hosted with POPIA expert, Elizabeth de Stadler:
If you told them that you’d eventually use their details for direct marketing, got them to sign for / approve this somehow so there was a record, and gave them the opportunity to opt out, then you should be fine to send them direct marketing without additional consent. If you didn’t do this, you’ll need to get consent.