I've been flooded with numerous spam emails from affiliates related to this company. They claim, "Ah-ha, it's not us then!" but it's clear that this is part of their business strategy, as the emails are identical, sent from various affiliates, and are relentless. They label it as "legitimate interest," but I disagree. If they overlook these aspects of privacy laws, can they be trusted with your data? Not in my view. One's reputation is often reflected by their associations, and I perceive this business as akin to dubious individuals loitering around selling questionable offers. I'm not accusing them of being untrustworthy, but I don't consider them a company worth engaging with! Reasons Spam Fails the Legitimate Interest Test: Violation of Specific Regulations (PECR): Laws like the Privacy and Electronic Communications Regulations (PECR) specifically govern electronic marketing (email, text), requiring prior consent (opt-in) from individuals, contradicting the general "legitimate interest" claim. Unlawful and Unethical: Sending unsolicited emails (spam) breaches electronic marketing rules, making the intent illegitimate from the start, regardless of the sender's aims. Fails the Balancing Test: Even if marketing serves a general interest, spam fails the balancing test because individuals do not expect unwanted emails, view them as a nuisance, and would likely object. Lack of Consent: Legitimate interest requires a lawful basis, and for emails, consent is generally the correct basis, especially for unsolicited messages. In essence, if marketing involves unsolicited emails, consent (not legitimate interest) is necessary as your lawful basis.
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