I've been overloaded with countless spam emails from affiliates linked to this company. They assert, "Ah-ha, it's not us then!" but it's obvious this is part of their business model, as the emails are identical, coming from various affiliates and are incessant. They refer to it as "legitimate interest," but I disagree. If they ignore such aspects of privacy regulations, can they be trusted with your data? Not in my opinion. One's reputation is often reflected by their associations, and I see this business as similar to dubious individuals peddling questionable deals. While I’m not claiming they’re untrustworthy, I believe they aren't a company I would choose to engage with! Reasons Spam Does Not Meet the Legitimate Interest Criteria: Breach of Specific Regulations (PECR): Laws like the Privacy and Electronic Communications Regulations (PECR) specifically regulate electronic marketing (email, text), necessitating prior consent (opt-in) from individuals, contradicting the general "legitimate interest" claim. Unlawful and Unethical: Sending unsolicited emails (spam) is a violation of electronic marketing rules, rendering the purpose illegitimate from the outset, regardless of the sender's intentions. Fails the Balancing Test: Even if marketing serves a general interest, spam does not pass the balancing test as individuals do not expect unwanted emails, find them a nuisance, and would likely object. Absence of Consent: Legitimate interest necessitates a lawful basis, and for emails, consent is typically the appropriate basis, particularly for unsolicited messages. In summary, if marketing involves unsolicited emails, consent (not legitimate interest) is required as your lawful foundation.
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