Receiving mail from website

alnic_2

I'm not sure if this is the right forum but I didn't know where else to ask about this. 

My partner browsed a website called matresssman on Tuesday this week. She did not sign up or enter any information at all into the website, all she did was browse. 

On Thursday this week we received a letter in the post from this company with no name on the envelope, just our address. Inside it was a picture of the bed she was looking at saying "why not carry on where you left off"... 

What I want to know is, how did they get our address? And is this legal?? Seems very very sketchy and if anything puts me off using the company, it doesn't make me want to use them. 

user1977

How did she get to the website?

[Deleted User]

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

alnic_2

user1977 said:

How did she get to the website?

She clicked a Google search result.

Deleted_User said:

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

She's never been to that site before and she was browsing on her mobile phone on her mobile data not WiFi. Is that still possible? 

unholyangel

Deleted_User said:

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

If the partner didn't consent to marketing they can't use legitimate interest. Individuals have an absolute right to object to their details being used for marketing. Even if they don't object/opt in for marketing, they can't rely on legitimate interest where the data may be processed in a way the individual doesnt expect or anticipate, and the individuals rights are king and will override any legitimate interest if the processing of the data is incompatible with the data subjects rights. If it could be achieved in a less obtrusive way, it is unlikely the legitimate interest basis would apply. 

Then of course you need to consider if any of the marketing is done via electronic means, as that kind of marketing MUST be opt in (ie the individual needs to take positive action to confirm they're happy to receive such communications, the business cannot assume - regardless of any legitimate interest). 

outtatune

Is there a freepost address? Asking for a friend.

F1shyFingers

unholyangel said:

Deleted_User said:

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

If the partner didn't consent to marketing they can't use legitimate interest. Individuals have an absolute right to object to their details being used for marketing. Even if they don't object/opt in for marketing, they can't rely on legitimate interest where the data may be processed in a way the individual doesnt expect or anticipate, and the individuals rights are king and will override any legitimate interest if the processing of the data is incompatible with the data subjects rights. If it could be achieved in a less obtrusive way, it is unlikely the legitimate interest basis would apply. 

Then of course you need to consider if any of the marketing is done via electronic means, as that kind of marketing MUST be opt in (ie the individual needs to take positive action to confirm they're happy to receive such communications, the business cannot assume - regardless of any legitimate interest). 

Why would you, of course, need to consider marketing done electronically, when the person was sent a letter which, the last time I checked, was not an electronic form of communication?

Browntoa

Sounds like nonsense

How on earth could they get your home address from you just browsing the website ? 

It cannot happen 

Ergates

unholyangel said:

Deleted_User said:

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

If the partner didn't consent to marketing they can't use legitimate interest. Individuals have an absolute right to object to their details being used for marketing. Even if they don't object/opt in for marketing, they can't rely on legitimate interest where the data may be processed in a way the individual doesnt expect or anticipate, and the individuals rights are king and will override any legitimate interest if the processing of the data is incompatible with the data subjects rights. If it could be achieved in a less obtrusive way, it is unlikely the legitimate interest basis would apply. 

Then of course you need to consider if any of the marketing is done via electronic means, as that kind of marketing MUST be opt in (ie the individual needs to take positive action to confirm they're happy to receive such communications, the business cannot assume - regardless of any legitimate interest). 

That's not always strictly true - there are legitimate interests a company can use even if the individual really really doesn't want them to use their data in that way.

For instance - a bank keeping records of customers who have committed fraud.  No amount of "I want you to delete all records relating to me" will override the banks right to keep a list of crooks they don't want to do business with again.

400ixl

Something doesn't add up here. They would not have got your physical address if you went directly to the site and did not enter any details. Yes they could track your browsing on the site and would know what you looked at and where you abandoned the site.

But that would not give then your physical address or drive them to physically contact you.

I see on the site the do do custom quotes, this would be something that would trigger such an event.

unholyangel

F1shyFingers said:

unholyangel said:

Deleted_User said:

They'll have linked the IP address to other data they hold, perhaps from previous visits.

If your partner hasn't consented to marketing, then they'll probably be doing it under legitimate interest. It's effectively a physical version of the abandoned basket email.

If the partner didn't consent to marketing they can't use legitimate interest. Individuals have an absolute right to object to their details being used for marketing. Even if they don't object/opt in for marketing, they can't rely on legitimate interest where the data may be processed in a way the individual doesnt expect or anticipate, and the individuals rights are king and will override any legitimate interest if the processing of the data is incompatible with the data subjects rights. If it could be achieved in a less obtrusive way, it is unlikely the legitimate interest basis would apply. 

Then of course you need to consider if any of the marketing is done via electronic means, as that kind of marketing MUST be opt in (ie the individual needs to take positive action to confirm they're happy to receive such communications, the business cannot assume - regardless of any legitimate interest). 

Why would you, of course, need to consider marketing done electronically, when the person was sent a letter which, the last time I checked, was not an electronic form of communication?

Which is exactly why I said if any of the marketing is done via electronic communications rather than stating the letter was an electronic communication.