Mailchimp can be a black hole of privacy liabilities for its users

ASSOCIATED WINE INDUSTRY INSIGHT ARTICLES

• A top litigator takes a close look at Mailchimp and CCPA (premium article, subscribers scroll down to log in)
• MailChimp could cancel you for violating this “Catch 22” rule that every marketer ignores

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Mailchimp can be a black hole of legal and regulatory liabilities that dumps all privacy compliance on its Users without fully disclosing potential violations and hazards.

 

Wine Industry Insight reached out to Mailchimp on Jan. 7, but has had no reply. In extensive articles like this one,  WII offers the main subject an  opportunity to view draft, and to send comments or factual corrections to be inserted. Those will be added to a revised article if received.

 

While no one is completely ready for California’s new consumer privacy law, Mailchimp is doing its preemptive best to wash its hands of any responsibility for privacy violations regardless of whether its Users are actually responsible or could even be aware of any violations that might occur.

 

What’s more, even if California doesn’t come after Mailchimp Users, consumers are on the warpath about privacy issues. That means — if they lose trust in you — from half to 87 percent will drop you like a hot rock.

User best efforts: Notify, notify, notify

According to  Attorney Joshua Devore, at Dickenson, Peatman and Fogarty in Napa:

 

“CCPA requires a notice of collection of personal information be provided ‘at or before the point of collection.’  If you send an email using a service that collects personal information, each email is a point of collection.  Unless you are 100% sure you have provided notice before to every recipient, then you need to provide the notice at the point you send each email.  Under the proposed CCPA regulations, the email can provide a link to the section of the privacy policy that contains the required notice of collection contents.”

 

Devore noted that the proposed regulations –not yet final — can be found here:  https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/ccpa-proposed-regs.pdf

The full text of the following sections of this 1,960- word article is available for Wine Executive News Premium Subscribers.

• Mailchimp makes it impossible to fully notify email recipient/Visitors

• Mailchimp consistently denies responsibility

• Top litigator thinks Mailchimp’s wrong about its immunity

• Mailchimp Users could’t possibly know about Third Party privacy practices.

• Facebook is a lightning rod and Mailchimp wants to make sure Users get struck and not them

• The unknowable risks that Users face

• User indemnity of Mailchimp is absolute

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