Vol. 61    January, 2006

Marketing to the Global Inbox

This article originally appeared in the online marketing magazine, imedia connection, and is re-used here with the author's permission.

By Elizabeth Lloyd

DMO Global’s CMO reviews worldwide email marketing laws.

With globalization and online marketers realizing the huge potential that expanding their efforts internationally has, it is of utmost importance to realize that what constitutes email best practices in one country is different than the other. However, there is one common denominator upon reviewing email marketing laws worldwide: opt-in.

Clearswift has released a poll of over 1,200 business people around the world, concentrated in Germany, France, Australia, the United States, and the United Kingdom. The poll found that 84 percent of businesses are unaware of local spam laws.

The following is a synopsis on email marketing laws worldwide. (Please note this is the first review of a three-piece segment.)

The United States, United Kingdom, and Australia

The United States, United Kingdom, and Australia developed “The Memorandum of Understanding (MoU),” a common directive on privacy and electronic communications.

According to the memorandum, spam violations in all three countries constitutes:

1. Sending commercial email containing deceptive content;
2. Sending commercial email without providing the recipient with a means, such as a valid email address or an Internet based mechanism, to request that such communications cease;
3. Sending commercial email that contains misleading information about the message initiator, or fails to disclose the sender’s address; or
4. Sending commercial email, when the recipient has specifically requested the sender not to do so.

Canada

Currently, there is no spam-specific national legislation in Canada although evaluation and recommendations are in process. Marketers interested in penetrating Canada should take a look at the Personal Information Protection and Electronic Documents Act (PIPEDA) which explains the restrictions placed on the collection of personal information online.

China

In recent years international trade issues with China have been contentious. However, when it comes to controlling the international flow of spam, China is very much on board.

According to the Chinese Ministry of Information, China is the world’s 2nd largest producer of spam behind the United States. Thus, any effort to combat this costly nuisance requires a commitment from China. As of yet, China has no national legislation dealing with spam. However, the Chinese Ministry of Information is working on developing such regulations. Perhaps more importantly, China has declared its commitment to make its best efforts to fight spam and cooperate with other signatories when it signed the London Action Plan on Spam Enforcement Collaboration — a U.S. and U.K. led international effort to combat spam — on July 20, 2005.

According to UK Ecommerce Minister Alun Michael,

“China engaged constructively in the Asia-Europe Meeting on ecommerce in London in February. We have long been keen to engage with China on the issue of spam, in particular because China is probably the second biggest source of spam in the world. As China reaches the 100 million internet users mark, we welcome this opportunity to work with China to make the internet safer for users.”

Another important development is the increasing efforts made by private parties to address the problem of spam. First, there is the Internet Society of China which includes all of China’s largest ISPs (internet service providers) whose members are bound by its “standards for web-based public email service” which requires policies against spam and rates ISPs partly based on spam ratios.

On September 2, 2004, the ISC and eBay/MS/America Online/Yahoo! signed a Memorandum of Understanding, which is an agreement to explore areas of cooperation in protecting users from spam, developing anti-spam technology, promoting public education about spam, and promoting the punishment of spammers. Additionally, the ISC and the Internet Industry Association (IIA), an Australian agency, signed an agreement to help manage spam, reduce the inappropriate blacklisting of ISPs and minimize the effects on internet users’ ability to send and receive emails.

Japan

When it comes to email laws, Japan is an interesting country.

According to Toshihiko Shibuya, deputy director of the Telecommunications Consumer Policy Division in the Ministry of Interior Affairs and Communications (MIC), “around 73 percent of all spam in Japan is sent to mobile phones and about 80 percent of that is from dating agencies.” Due to this, the government is currently revising the anti-spam law passed in April 2002 titled “The Law on Regulation of Transmission of Specified Electronic Mail.”

The law defines “Specified Electronic Mail” as email sent for advertisement purposes of sender’s business to individual users. Advertisers, or email marketing companies that deploy on their behalf, are required to comply with the following obligations of labeling for senders of specified electronic mail:

• Identification as specified electronic mail
• Sender’s name and address, sender’s email address, opt-out email address
• Administrative Orders by Minister to publicize the law (As of July 1, Japanese legislation requires senders of email advertising to attach messages telling receivers the email is unsolicited advertising and how to reject any future ads).

At the end of the day, whether it is in China, the U.K., or U.S., responsible email marketing adheres to the same key elements:

1. Marketers are required to use the opt-in approach
2. Prohibition against using false or misleading transmission information
3. Prohibition against using randomly generated or harvested addresses
4. Prohibition against relaying email from computers without authorization

Please stay tuned for next week as I explore The Global Inbox in Korea, Spain, Malaysia, and Germany.

Elizabeth M. Lloyd is Chief Marketing Officer of DMO Global, Inc. a leading affiliate network solely dedicated to serving international and multicultural markets. Lloyd's work on international online marketing has been highlighted in numerous publications as well as in academic curricula for MBA programs worldwide. DMO Global is a wholly-owned subsidiary of Dragon Media Online, Inc., an international media and technology company.

Even long-time clients can be surprised at the extent of the services McElroy provides. Clients benefit from being able to manage all their translation and localization needs efficiently through one vendor.

Ralph McElroy

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Ralph’s entrepreneurial spirit is perhaps his most defining characteristic - soon thereafter he opened up shop, adding resources and language capabilities. Eleanor eventually left her job at Celanese to move to Austin and run the growing company for several years. Eleanor remains an honored guest at company functions where she is visibly proud and is attached to the company that Ralph created and that she helped run in the 1970s.

Ralph was born in St. Louis, Missouri in 1942. He only had to wait until age 10 to become a Texan when his parents moved to Corpus Christi. It was not until high school that Ralph was exposed to other languages and other cultures. He attended the Boy Scout’s Jubilee Jamboree in England commemorating the 50th year anniversary of the Boy Scouts and the 100th year anniversary of the birth of its founder Lord Baden Powell. There he met new friends from many different countries and he toured with the Boy Scouts for two weeks afterward to France, Belgium, Holland, Germany, and Switzerland.

Ralph was intrigued. He was also a faithful correspondent with his roster of new international friends. He was invited by a German friend to spend his senior year in high school in Germany. Away he went, visiting friends in Paris, Holland, England, Ireland, and Norway, Finland, and Sweden en route. He started in Paris where he rented a red Volkswagen for his “Grand Tour.” Three adventurous months later he reached his destination in Munich to begin a year of school. He spent some of that school year in Munich, some at another school with a friend in a small town in Bavaria, and finally the last three months in Paris attending L’Alliance Française. Ralph was immersed in other cultures and he learned multiple languages along the way.

When Ralph returned home he attended a year of junior college, but once again he yearned for travel and adventure. His parents agreed to another voyage abroad, but this time he crossed the Atlantic working in the mess hall of a Norwegian tanker. Eleanor McElroy somehow arranged for the berth on a freighter that her employer Celanese used. Ralph spent most of the next year broadening his horizons primarily in Sweden and Denmark.

Ralph’s degree from the University of Texas in 1964 was in German and in History and he went on to graduate school because he “didn’t know what in the heck I wanted to do.” Vietnam was hot and he knew he didn’t want to be there. In 1966 he won a scholarship to attend school again in Germany, but the summer before that he went to the Soviet Union with an organization called The Experiment in International Living. The group’s mantra is “students changing the world one friendship at a time.” Ralph thrived on learning to appreciate other cultures, and he admits he was most intrigued by our enemies. While he has often wondered why he has such affinity for Germany and Russia he defends his patriotism by noting also his fondness for Scandinavia. I think Ralph just likes people!

This time when Ralph returned to the United States he took a few classes to complete his Master’s program at the University of Texas. The business world made its way into his life, if not in a conventional format. Ralph was affiliated with the Vulcan Gas Company as a promoter of rock and roll shows. (For some spicy reading on 1960s hippie culture google it!) They broke even on the first show that they produced with Steppenwolf. The second promotion of Janis Joplin with Big Brother and the Holding Company turned a nice profit….. Until Janis cancelled the show with two days notice and they lost everything. Ralph got out of the rock and roll business. It was about time to do a Russian translation for Celanese!

Ralph focused attention on translations, registering the company in Texas in 1968 and moving the office out of his home later that year. With successful promotions and astute hiring he quickly added clients and translators. With steady translation operations underway Ralph became a local restaurateur in the early 1970s and his touch was golden. He has owned many Austin restaurants over the years and two stand out in local history. From 1972 - 1998 he owned Les Amis. The documentary “Viva Les Amis” has garnered critical acclaim. The premise of the film directed by Nancy Higgins is that Austin isn’t what it used to be. Les Amis, the best Parisian cafe never in Paris, is now a Starbucks. “Viva Les Amis” is a eulogy for vanished hipster hangouts. Ralph described the training of a new dishwasher as “pretty loose” i.e. “Here is the machine, here is how it works, do you want a beer?” The other well-known restaurant that Ralph owned for many years is the Pecan Street Café, an upscale Austin landmark listed on the National Historic Register.

With diverse business interests and success on all fronts Ralph needed more support. In 1972 his parents moved to Austin and his mother Eleanor ran the translation company. For a while his parents lived above the company and he recalls that every day Eleanor would serve a big noon meal to everyone working there.

Ralph met Bruce Farmer in 1980 and hired him to handle company promotions. Bruce was a genius at client development and his impact on revenues was dramatic. When Bruce became General Manager soon thereafter Ralph enjoyed stepping back and watching his success. He is an entrepreneur unlike most others. Ralph’s strength is picking the right people to run and build the businesses he creates and he successfully steps aside from daily operations and empowers his managers.

While Ralph has owned or been involved with many business interests including real estate, restaurants, clinical research organizations, and translations, it is the translation company that bears his name and that is closest to his heart. His vision for McElroy Translation is continued expansion and industry leadership through organic growth. The company has evolved with coverage of new vertical markets but it has never lost focus on its core business of customized translation and localization for clients with high quality expectations. Although the marketing department made a strategic decision to brand under the name “McElroy Translation Company,” “Ralph” remains in the collective conscious of many clients, translators, and industry colleagues.

The company today maintains elements of each era of its rich history. With its bohemian 1960s roots there remains an element of eccentricity where individuality is appreciated. Although management no longer cooks the noon meal the feel of family is part of the foundation. The strong leadership of Bruce Farmer in the 1980s and 1990s is still evidenced by the way that clients are treated and business is conducted. Bruce espoused “Solution Selling” and “Customer Centric” sales technique before the concepts had fancy names and high dollar training classes. Today McElroy Translation Company is a product of Austin’s high tech culture. Staff at every level is tech savvy and workflow is enhanced with a proprietary program launched in 1999.

As the company continues to grow and succeed, Ralph’s life is rich and full. He has two wonderful sons. Wade will soon open his first coffee shop (the next generation!) and Ryan has a sense of spirit and adventure that has led him on multiple adventures abroad. Ralph and his wife spent 11 months in Russia in 2000 and have adopted two precious Russian daughters who are now 8 and 5. A new series of adventures has begun!

I marvel at how much Ralph has experienced and learned by virtue of his flexibility and willingness to let the plan and the path reveal itself along the way. Is this a youthful aptitude that we lose as life becomes more serious and structured? For most of us, yes. I presented that observation and pressed on that question with Ralph. He responded by recounting some recent family travel escapades that clearly illustrate that the unique spirit of Ralph McElroy has not faded with age. As the documentary title states, “Viva Les Amis!”

Read about McElroy’s localization services.

China

(continued)

Dining and Entertainment

• Always arrive exactly on time for a banquet. Never arrive early for dinner. This implies that you are hungry and might cause you to lose face.
• Spouses are not usually included in business entertaining, however, businesspeople may bring their secretaries.
• Be prepared to make a small toast for all occasions.
• The first toast normally occurs during or after the first course, not before. After the next course, the guest should reciprocate.
• Three glasses — a large one for beer, soda or mineral water, a small wine glass and a stemmed shot glass — are at each place setting. The shot glass is the one used for toasting.
• It is not necessary to always drain your glass after a ganbei (bottoms up), although a host should encourage it.
• Do not drink until you toast others at the table. Chinese consider drinking alone to be rude. Simply raising your glass and making eye contact is sufficient. If you are toasted, sip your drink in reply.
• A toast to friendship among companies will help cement a business relationship.
• Unless you are totally drunk, it is not advised to refuse a drink. Sipping your drink is perfectly acceptable.
• Leave some food on your plate during each course of a meal to honor the generosity of your host. It is bad manners for a Chinese host not to keep refilling guests’ plates or teacups.
• Seating is very important. The guest of honor is always placed at the head of the room, facing the door. Allow the host to begin eating before joining in.
• Do not discuss business at dinner unless your Chinese counterpart initiates it.
• Slurping soup and belching are acceptable. Cover your mouth with your hand when using a toothpick. Put bones, seeds, etc. on the table, never in your rice bowl.
• Chopsticks are used for all meals. Tapping your chopsticks on the table is considered very rude.
• When finished eating, place your chopsticks neatly on the table or on the chopstick rest.
• When hosting, order one dish for every person present and one extra. In addition, order rice, noodles and buns. Soup usually comes at some point during the meal. The host should tell his/her guests to begin eating a new dish before he digs in himself.
• The host (the one who invites) pays the bill for everyone.
• If you are the guest of honor at a dinner, leave shortly after the meal is finished, as no one will leave before the guest of honor.
• Breakfast meetings are rare, but you may request one.
• Guests are rarely invited to a Chinese home. It is an honor to be a guest. Be on time or a little early for an invitation, and take a small gift.
• Bedrooms and kitchens are private. Don’t enter these rooms unless you are invited to do so.
• All dishes are served at once in a home. The host will place portions of each dish on guests’ plates. Sample each dish.
• Rare beef is considered barbaric by the Chinese.

Dress

• Conservative, simple, unpretentious, modest clothing should be worn — nothing flashy or overly fashionable.
• Women should avoid bare backs, shorts, low-cut tops and excessive jewelry.
• For business, men should wear sport coats and ties. Slacks and open-necked shirts are generally suitable in the summer for business meetings; jackets and ties are not necessary.
• Women should wear dresses or pantsuits for business and should avoid heavy make-up and dangling, gaudy jewelry.

Gifts

• Present a gift with both hands. Gifts are generally not opened upon receiving. Always give a gift to everyone present or don’t give gifts at all.
• Older Chinese usually refuse a gift at first to be polite. Offer a second time.
• Never give a gift of great value until a clear relationship is established. This would cause embarrassment and may not be accepted. Never give gifts in sets (i.e., dishes), but never in sets of four (a number associated with death).
• Avoid white, which is symbolic of death, especially of parents, and black, which symbolizes tragedy or death.
• When invited to someone’s home, always bring a small gift for the hostess, such as brandy, chocolates or cakes.
• Be prepared to exchange a modest gift with your business colleagues at the first meeting. Not giving a gift could start a business meeting off on the wrong foot.
• Always give gifts to each member of the Chinese delegation that meets you in the order in which they were introduced. Suggested gifts: cigarettes (especially Marlboro and Kent), French brandy, whiskey, pens, lighters, desk attire, cognac, books, framed paintings. Give more valuable gifts — like cellular phones or small CD players — to senior level people.
• Give a group gift from your company to the host company. Present this gift to the leader of the delegation.

Helpful Hints

• Chinese find “no” difficult to say. They may say “maybe” or “we’ll see” in order to save face.
• Always refer to China as “China” or “People’s Republic of China,” never as “Red China,” “Communist China” or “Mainland China.”
• Always refer to Taiwan as “Taiwan” or “Province of Taiwan,” never “China,” “Republic of China” (the name adapted by the Nationalist forces after they fled to Taiwan) or “Free China.”
• Do not in any way suggest that Taiwan is not part of China.
• Show respect for older people. Offer a seat or right of way through the door to a colleague or older person as a polite gesture.
• Return applause when applauded.
• Refrain from being loud, boisterous or showy.
• Do not be insulted if the Chinese ask personal questions such as “How much money do you make?” “How many children do you have?” or “Are you married?” Just change the subject if you do not want to answer.
• Asking about divorce would cause a Chinese person to lose face.
• Forcing the Chinese to say “no” will quickly end a relationship.
• Never say or act like you are starving and don’t ask for a doggy bag.
• Most Chinese women don’t wear wedding rings. Don’t assume marital status.

Especially for Women

• China is a difficult place for anyone to conduct business. A woman may gain acceptance, but it will take time and will not be easy.
• China is a male-dominated society. However, there are many women in business in China and some occupy high-ranking positions and important managerial jobs. One of the principles of the Chinese communist system is to work toward sexual equality.
• Negotiating teams may have women members. Women may be used to decline unpopular proposals.
• Businesswomen attend business dinners, but rarely bring their spouses.
• Chinese women rarely smoke or drink. However, it is acceptable for Western women to do so moderately.

-- Excerpted from the “Put Your Best Foot Forward” series by Mary Murray Bosrock. These publications are available for the U.S., Asia, Mexico/Canada, Russia, Europe and South America.

Not visiting China? Read our Ebuzz archives for information on doing business in other countries.

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