An email from the CV Site, a CV reviewing and writing company, stated "Hi [complainant's name], thank you for registering with one of our recruitment partners. We would like to offer you our no obligation CV review to enhance your job application process ...".
The complainant challenged whether the email breached the Code because he had not consented to receive marketing emails from the CV Site.
Roxburghe Investments LLC t/a thecvsite.co.uk acknowledged receipt of the complaint. They said the complainant had registered with one of their partner sites, but provided no further comments or evidence on that point. They said they had deleted the complainant's account and therefore, could not help the ASA further.
The ASA understood the complainant was looking for a new position and that they had shared their CV in the expectation of it attracting potential employers and other recruitment agencies. We considered the complainant's CV, and therefore his data, had been shared for that specific purpose.
The Code required advertisers to obtain a consumer's explicit consent before sending them email marketing communications. However, it did permit unsolicited marketing emails about similar products to be sent to consumers whose data had been obtained during, or in negotiations, for a sale.
The email invited the complainant to take up one of thecvsite.co.uk's services. Therefore, we considered it was a marketing communication, rather than an enquiry inviting the complainant to apply for a position. Consequently, we considered they had used the complainant's data for purposes, other than for which it had originally been collected and shared. For that reason, they were required to obtain the complainant's explicit consent to receive marketing emails.
We expected thecvsite.co.uk to demonstrate they had obtained the complainant's consent, but noted they did not provide any evidence to show they had. In the absence of that evidence, we concluded the ad breached the Code.
The ad breached CAP Code (Edition 12) rules 10.4.2 10.4.2 marketing communications are not sent unsolicited to consumers if explicit consent is required (see rule 10.13) and 10.13.3 10.13.3 sending marketing communications by electronic mail (excluding by Bluetooth technology) but marketers may send unsolicited marketing about their similar products to those whose data they have obtained during, or in negotiations for, a sale. Data marketers must, however, tell those consumers they may opt out of receiving future marketing communications both when they collect the data and at every subsequent occasion they send out marketing communications. Marketers must give consumers a simple means to do so (Database practice).
We told Roxburghe Investments LLC to ensure they held evidence to demonstrate they had obtained the appropriate consent from a recipient before sending marketing emails.