FUNNEL MAGAZINE TRAFFIC & LEAD GEN
6 FUNNEL FEATURES
LEADERSHIP
LEADING TO CREATE GREAT TEAM PERFORMANCE
THE INTERVIEW
46 METRICS
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14 STRATEGY & TACTICS
LEADERSHIP
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68 SOCIAL MEDIA
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VOLUME 2
FUNNEL MAGAZINE
IN EVERY EDITION
LETTER
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GDPR: WHAT THE NEW EU DATA LAW MEANS
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FROM THE EDITOR
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GENERATE MULTIPLE GENERATIONS OF CUSTOMERS
FRANK KERN
THE AUTHOR OF YOUR OWN LIFE STORY
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IMPORTANCE OF BUILDING INTERACTIVE FUNNELS WHY BUYER PERSONA IS IMPORTANT
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WHICH FUNNEL WORKS FOR YOU?
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2-STEP SYSTEM FOR SELLING HIGH-TICKET
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PROTECT YOUR SENSITIVE INFORMATION
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EDITION 7
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LETTER FROM THE EDITOR OF
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Dear Funnel Genius, In this edition we feature Frank Kern, a master marketer. The first time I heard Frank’s name was at my first personal development seminar. The topic was Neuro Linguistic Programing (NLP) of which Frank is a expert. Our speaker was at an event with his arms crossed and his foot resting on the wall behind him. Frank comes up to him and leans against the wall and puts his foot up, crossing his arms. Needless to say the speaker was impressed with how Frank match and mirrored him. Since that time, Frank’s name has come up dozens of times as I’ve gone on this journey in the marketing industry. Whether it’s his direct response skills, his presence on Facebook, or sales letters, he is one of THE go to guys in the industry. And believe it or not Frank helped save Funnel Magazine... Hawk and I were in Mexico for a friend’s wedding. We were on our last dime and didn’t know how we were going to continue with the magazine. A lot of internal business challenges had come up and we weren’t sure what was next. By happy coincidence, a good friend happened to also be in Mexico at the time. And a stone’s throw away from where we were staying. As a fellow marketer with years of experience in the industry, she understood better than most what we were going through. She offered to introduce us to Frank Kern… and well, to make a long story short you now hold this month’s edition of Funnel Magazine. So remember when you are on the ropes, the end may not be the end. And Frank is here to help you too… Happy Funnel Hacking, Kate Mikado Editor-in-Chief
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VOLUME 2
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EDITION 7
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TRAFFIC & LEAD GEN
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VOLUME 2
FUNNEL MAGAZINE
EDITION 7
FUNNELMAGAZINE.COM
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GDPR: What the New EU Data Law Means ARTICLE BY Steve Shaw
GDPR: What the New EU Data Law Means for Email Marketing and Lead Generation on Your Website
The impact of this new law is significant, and affects how businesses are able to use personal data for marketing purposes for years to come.
Before you continue reading, be aware that this article should not be considered as legal advice. It’s for information purposes only, and you’re recommended to seek your own legal counsel to determine what the GDPR means for you.
Thinking of burying your head in the sand? Falling foul of the law can lead to huge fines of up to €20 million, or 4% of your annual global turnover, whichever is higher.
Sure, such huge fines are probably unlikely for smaller businesses with minor transgressions. But you could If you’re running a business and not yet heard about still be liable for compensation to the data subject the GDPR, you’ve been living under a brick the past concerned, and it’s important to ensure you’re doing all few months. GDPR is, of course, the General Data you can to comply. Protection Regulation that has been in effect from May After all, it’s about properly protecting consumers and 25, 2018. their data from abusive practices. Doing so can only While it’s a European law, it has global reach, and reflect well on, and give consumers confidence in, your applies to all businesses that collect, record, organize, business. store or otherwise process personal data of EU citizens. So what exactly are you supposed to do? What can you Personal data? That’s any information like names and no longer do? What changes should you be making? email addresses—even IP addresses—that could be used to identify an individual. Unfortunately, much of the advice that’s out there on GDPR is confusing and conflicting, and that includes advice from legal experts (remember, this article is NOT legal advice and is for information purposes only).
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So, just what do you need to do to ensure your website and practices are compliant with GDPR?
First, there are slightly different laws depending on about how you’ll use their data before they subscribe. whether you are a Data Controller or a Data Processor? What about checkboxes? While there’s a lot of talk Which are which? about now needing a checkbox on your forms, they’re If you’re at the front end, making decisions about how not always necessary. to collect personal data (for example, generating leads For example, clicking the button to subscribe is for your business) and what to do with it (for example, indication enough of the person’s consent, presuming adding the lead data to an autoresponder service), the language on your form is clear enough. you’re likely a Data Controller. However, if you intend to use their data for more than If you’re processing that data in some way on behalf one purpose—for example, if you’re collecting emails of a Data Controller, then you’d be considered to be a for email marketing as well as address information for Data Processor. direct mailing—checkboxes are probably wise for each As an example, autoresponder services like MailChimp, type of data processing. Aweber and others would fit into this category. Remember, however, to leave the user to check any To add a little more complication, Data Processors are checkboxes—pre-checking them isn’t permitted. often Data Controllers as well—yes, you can fit into A better approach than multiple checkboxes might be a both categories. two-step form. After the person has initially subscribed However, to keep things as straightforward as possible, via email, you can send them to a page with another this article will predominantly focus on Data Controllers, form that offers something via direct mail in return for which more than likely covers the majority of readers. their physical mailing address. Ready to get into the meat of it? The easiest way to understand the GDPR is to focus on six main principles of the legislation. These can be summarized using the helpful CARTES acronym (Cartes is the name of a small town in Spain): • • • • • •
Consent Accessibility Rectification Transparency Erasability Security
In other words, this means separate consent for each different type of data and data processing, without the need for checkboxes. Providing Proof Even when the person has given their consent, you need to keep a record that they have done so and be able to prove this consent.
How? For double opt-in lists, it’s relatively straight forward. The person subscribes through the form, and then further consents to the processing of their data via the confirmation email. You’ll need to keep a copy of But what do they each mean? Let’s look at each one the confirmation email used, but that’s about it. in turn as it relates to email marketing, and what you For single opt-in lists, it’s not so easy. The proof all rides need to do to comply. on the opt-in form itself. Consent Some suggestions include taking screenshots of your The person must agree to how you intend to use their opt-in forms. While useful to get started, there are data. some drawbacks to this approach. For example, let’s say you’re offering a lead magnet of some kind, say a free report, in return for their email. They enter their email, you send them the lead magnet, but you don’t mention that you’ll be sending them regular email messages afterwards.
For example, this might not offer enough verifiable proof in a court of law (it’s just a screenshot after all).
And who is going to be responsible in your business for ensuring this is done each and every time you change a particular form, and recording it in a proper, In this example, they haven’t given their consent. To verifiable manner? ensure their consent, you would need words to the effect of, “Get regular information on XYZ, starting If you’re split testing forms (which of course you should be), are you with LEAD MAGNET today.” able to determine You’ll also need an easily available link to your privacy EDITION 7 policy. This allows the person to get more information
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exactly which version the subscriber used to opt in? In addition, Article 13(3) of the legislation appears Would you be able to prove it? to indicate that if you already have consent for one purpose, but now want to use the data for a different What else can you do? purpose, you can simply let them know rather than At optinopoli™, we’ll shortly have a solution that request renewed consent. Of course, they have the automatically records the form used for new leads and option to simply opt out if they object. sends it to you. There may be other solutions, but I’ve You might want to run this past a lawyer first, but let’s not yet come across any. say: Opting Out • Your subscribers opted in to receive a lead magnet. Of course, the subscriber should be able to change their mind and withdraw their consent at any time. In other • You can prove that consent. words, they should be able to opt out. With emails, that • You’re now emailing them more regularly, which isn’t strictly in line with the original consent they process should be automatic. gave you. So nothing much changes here. I’m guessing your emails already have an unsubscribe link in them, so Rather than request renewed consent from them to be you’ll already be compliant. able to continue emailing them, you could potentially Existing Subscribers
email them to:
Because of GDPR, a lot of businesses are recontacting • Let them know you’ll continue to email them on a regular basis. people on their email lists and asking them for renewed • Remind them of their ability to opt out if they no consent. However, this isn’t always necessary. longer want to hear from you. For example, if you already have their consent for how you’re processing their data, and you can prove it in This will not only help clean up your list and keep it line with the Providing Proof section above, then responsive, but also potentially ensure you’re compliant you don’t need to ask for consent again. with GDPR.
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Again, consult a lawyer to determine exactly how this might apply for your own circumstances. VOLUME 2
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