UK ICO Letter

[AidanLCFC]

Anyone seen the thread on GPWA? Well sod them, I ain't contributing but here's what the OP posted

"We have today received a letter from the ICO accusing us of sending a large number of text messages promoting your gaming sites. They are threatening us with a fine of up to £500,000. To say I am livid is an understatement. What the hell is going on?

1. We don't market via text message. We never have and never will.
2. We don't even utilise email marketing. We hold no databases and collect no player information
3. We don't even promote you. There may be some legacy links on some old websites but that is all.

Can you explain why we have received this letter accusing us of sending thousands of unsolicited texts on your behalf?

I've passed everything on to our legal reps today and Im sure they will be in touch in due course. In the meantime feel free to explain yourselves......."

someone else also posted this link https://ico.org.uk/about-the-ico/ne...use-of-personal-data-in-online-gaming-sector/

looks to me like Income Access got threatened so they slung all their affiliates to the Wolves. People claiming to get threatening letters when they have done no such marketing activities

 

[Edd]

Just received a letter from the Information Commissioner's Office threatening all sorts of fines because of my spammy use of text messages... I've never sent a work related text message ever!

So I called them and it's due to me being an affiliate on the Income Access (IA) network.

They are investigating IA and their affiliates.

Anyone else had this?

 

[Guard Dog]

Wow. I wonder where the truth lies here. This is not a good precedent in any case.

 

[Guard Dog]

I merged the threads by @thebookiesoffers and @Edd . This sounds really bad. I bet a lot of programs will be moving off IA soon.

 

[AussieDave]

Never trusted IA, so never promoted any casino who used them. Glad now I didn't!

I suppose if your in the UK/EU and you've been caught up in this net, then the best thing to do is simply to respond, stating your not privvy to personal data. However, if your NOT in the UK/EU, I doubt the ICO has any teeth to do anything.

Albeit they could try a law suit, but given it would cost many 100's of thousands of GBP, and it would seem the ICO is clutching straws (if they had factual proof of the people/companies involved, dare say it would be a solicitor letter being sent, rather than the ICO doing the leg work.)

As a side thought... Maybe IA is the guilty party here. They've aquired personal player data and have been using that to promote casinos on the sly...Whatever has cause this investigation, can't be good. I'm sure IA will lose casino programs in droves, now!

 

[ThePOGG]

Got this. It's essentially nothing.

There are some affiliates that have reportedly engaged in malpractice with regard to SMS marketing. By the looks of things buying mailing lists, not ensuring they have consent, not offering access to easy options to be removed from the list etc. Apparently IA are the central point of an investigation which is no surprise given the number of programs and affiliates they work with. IA have handed the ICO the details for all their affiliates so that the ICO can conduct their investigation.

Just get in contact with the ICO and explain you've not engaged in SMS marketing and you should be fine. I did have to give them a little info on the infrequent mailers we send out, but it's nothing all that dramatic.

That said, it was 'find clean underwear' time when I first read the letter and I do think some groups are going to get in pretty significant trouble over this.

TP

 

[AidanLCFC]

It's essentially nothing.

Oh I disagree, this is massive. Income Access have handed EVERYONES personal details out for nothing

For the record I haven't got this letter but imagine it has gone to my old house

 

[ThePOGG]

Oh I disagree, this is massive. Income Access have handed EVERYONES personal details out for nothing

For the record I haven't got this letter but imagine it has gone to my old house

I'll take a stab at what's happened here:

Either affiliates working with IA or IA themselves have been flagged up as breaching acceptable advertising policies in the UK. The ICO has started an investigation into IA and has then gone to IA and requested they hand over specific information. Given that this is the government body that specifically deals with the management of the DPA it's highly unlikely that they've requested anything that they didn't have a right to and I'd guess that IA's legal team reviewed the request before shipping off files. Chances are there's also a clause in the IA contract stating they can share your personal information with regulators anyway.

Short story is that I doubt IA had any choice in the matter. If individual affiliates are getting threatened with £500k fines, the chances are they're facing something far larger for non-compliance. Maybe I'm wrong, but I'm not sure there's much to gain by the individual parties getting themselves really stressed out about this.

Wasn't a pleasant letter to receive and that IA haven't made a statement about it is very disappointing, but all in all if you haven't been involved in SMS marketing this really has very little in the way of consequences.

TP

 

[AidanLCFC]

I'll take a stab at what's happened here:

Either affiliates working with IA or IA themselves have been flagged up as breaching acceptable advertising policies in the UK. The ICO has started an investigation into IA and has then gone to IA and requested they hand over specific information. Given that this is the government body that specifically deals with the management of the DPA it's highly unlikely that they've requested anything that they didn't have a right to and I'd guess that IA's legal team reviewed the request before shipping off files. Chances are there's also a clause in the IA contract stating they can share your personal information with regulators anyway.

Short story is that I doubt IA had any choice in the matter. If individual affiliates are getting threatened with £500k fines, the chances are they're facing something far larger for non-compliance. Maybe I'm wrong, but I'm not sure there's much to gain by the individual parties getting themselves really stressed out about this.

Wasn't a pleasant letter to receive and that IA haven't made a statement about it is very disappointing, but all in all if you haven't been involved in SMS marketing this really has very little in the way of consequences.

TP

you're missing the point mate, IA could of resolved this in 5 minutes, but no, they chucked everyone in. No chance ICO went and asked for all affiliate details. you have seen the letter, they believe they have the info of EVERYONE that sends out spam, not eveyone that is an affiliate

 

[AidanLCFC]

Asked this simple question on twitter -

Hi, Can you explain why you are SPAMMING hundreds of gambling affiliates about sending SPAM? #Clueless

 

[Pam712]

I was the original poster of the thread at the GPWA. To re-iterate we have never utilised any form of sms marketing, we do not even use email marketing and we collect or store no player data. Our only "crime" is to have joined Income Access way back in the distant past.

The ICO letter actually accuses us personally of sending out spam texts. We have done absolutely nothing wrong. I have been an affiliate for 17 years and have never come across a situation like this ever. I would not even have a clue how to set up text message campaigns.

The letter is nothing short of harassment.

 

[ThePOGG]

you're missing the point mate, IA could of resolved this in 5 minutes, but no, they chucked everyone in. No chance ICO went and asked for all affiliate details. you have seen the letter, they believe they have the info of EVERYONE that sends out spam, not eveyone that is an affiliate

I don't think I am missing the point. I understand that you feel that IA could have resolved this without handing over everyone's details, but where a government body is conducting an investigation they decide what they need to see and what they don't. I do see the irony in the way that the ICO have approached this, and there is a possibility that IA could have managed this without involving ALL affiliates, I simply doubt that they would have gone down that road if they could possibly avoid it. Not many affiliate networks are going to be keen to hand out their client database to any outside organisation if they could avoid doing so.

We barely work with any IA operators - I've seen the list that led the ICO to us - and I'm pretty arms length with this organisation all together as I need contact directly with the operator not better deals. I just don't see the gain in getting all worked up over this. Answer the questions, file the letter away and move on. We've all got more profitable places to invest our time.

TP

 

[AidanLCFC]

I don't think I am missing the point. I understand that you feel that IA could have resolved this without handing over everyone's details, but where a government body is conducting an investigation they decide what they need to see and what they don't. I do see the irony in the way that the ICO have approached this, and there is a possibility that IA could have managed this without involving ALL affiliates, I simply doubt that they would have gone down that road if they could possibly avoid it. Not many affiliate networks are going to be keen to hand out their client database to any outside organisation if they could avoid doing so.

We barely work with any IA operators - I've seen the list that led the ICO to us - and I'm pretty arms length with this organisation all together as I need contact directly with the operator not better deals. I just don't see the gain in getting all worked up over this. Answer the questions, file the letter away and move on. We've all got more profitable places to invest our time.

TP

im not getting wound up, can just see IA looked at it as a hot potato and slung it at everyone else

 

[ThePOGG]

im not getting wound up, can just see IA looked at it as a hot potato and slung it at everyone else

Not suggesting you are - I realise that at least for the time being you haven't received the letter.

Understand what you're saying about IA. Imo it's likely they're in some hot water here and I doubt cooperating with the investigation's going to get them entirely out of it if infractions are found to have occurred (almost doubtless in this industry). I'd guess that they're going to be held at least partially accountable for the activities of their affiliates in the same way that the UKGC is holding operators accountable for advertising breaches on the part of affiliates. So my current thoughts are that they're tripping over themselves to cooperate in any way they can, but I doubt they could have declined the request even if they'd wanted to. I could be wrong.

 

[bonustreak]

Does anyone have a list of the programs IA are giving affiliate info out on? I have never been a fan of IA.. Can hardly make money with any brand that uses IA!

 

[AidanLCFC]

IA reckon they are drafting a reply, and I quote

"Hey XXXXX, drafting a response right now. This stemmed from spam complaints received, more information to come. We obviously understand the importance the important of this and getting information to affiliates"

lol a day after affiliates started getting letters, and a day after someone mentioned it on the crap forum

 

[ThePOGG]

The operators we were flagged as having worked with were as follows:

ActiveWins
BetVictor
BGO
Excel
Gala
Genting
Nordic Gaming
Norskespille
SkyBet
StanJames

The majority of the above we don't currently work with and haven't ever really sent traffic to.

TP

 

[Pam712]

Ours were:

Gala Coral
Active Win
Quick Think Media
Sun Affiliates
Gala Interactive
Victor Chandler
Game Account
Skybet
Totesport

 

[Webzcas]

Agree with ThePogg here. If you have not conducted a spam email campaign or sent out unsolicited text messages, then no need to worry. Just reply back to the ICO stating such.

As for IA giving out details of their affiliates. As has been alluded to and also I believe Alan mentioned over on GPWA, likely they were requested to by a govt body.

Still that said, this is an issue we all need to look at. Especially if as an affiliate you are based in the UK.

 

[inspiration]

But ICO does not care about hackers /criminals that hack school, business and religious websites to spam the internet with casinos ads ...........this proves they have the power to address this but have not......cuz it is not in their interest.

BTW I have a private server in my basement with confidential information once they try to investigate me I will simply use bleach bit haha