First things first
This is a general guide, not legal advice. In the EU, marketing communications are governed by the GDPR and by each country’s ePrivacy rules; the UK has equivalent rules. If you have questions about a specific case, consult a professional or your data protection authority’s guides.
The general rule: consent
To send advertising by electronic means (email, SMS, messaging) you generally need the customer to have expressly agreed. A box they tick themselves, not pre-ticked, with clear wording: «I want to receive offers and news from this business».
The law provides an exception for existing customers to whom you offer products similar to those they bought, as long as you gave them the option to refuse when collecting their data and in every message. If you’re not sure, the safe option is to ask for consent.
Informational isn’t the same as marketing
Not every message is advertising. Telling a customer that their reward is ready, that they’re one stamp away or that their pass is expiring is part of the service they asked for when signing up. An offer, a promotion or a «we miss you, here’s 10% off» are marketing communications and need permission.
Channel by channel
- Email: the most regulated and most common channel. Consent and an unsubscribe link in every send.
- SMS: the same rules as email, and each message costs money.
- WhatsApp: sending advertising from your personal number to customers is delicate; for marketing, better with consent and the official business tools.
- Wallet notifications: they reach the lock screen of customers who saved your card. Programme notifications are fine; for offers, the same consent criterion applies. Customers can turn them off whenever they want from their phone.
Make unsubscribing easy
Customers have the right to stop receiving advertising at any time, and must be able to do so easily. Respecting it quickly isn’t just mandatory: it also stops them deleting your card altogether.
Don’t overdo it even if you can
Even with permission, sending offers every day is the fastest way to be ignored. Rarely, with something genuinely interesting, works much better.
How Fidelizando handles it
When saving the card, the customer accepts the privacy policy and, separately and unticked, decides whether they want to receive offers. Marketing campaigns only reach those who agreed; programme notifications (reward ready, one stamp to go) reach everyone. It’s in campaigns and alerts.
Frequently asked questions
Is telling customers their reward is ready advertising?
No. It’s information about the programme the customer joined. Offers and promotions are advertising.
Can I message my customers on WhatsApp?
For advertising, only with their consent and preferably using WhatsApp’s business tools.