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By Den Howlett May 15, 2018

MailChimp’s approach to GDPR is both inflexible and constrained to the point of making me concerned they can provide the tools to keep customers compliant. Here’s why.

If you’re a small or medium-sizedbusiness (that’s about 94% of all business) then the chances are you have stumbled across MailChimp as an email marketing service provider. They claim to be the world’s largest email marketing provider.

I’ve used them for many years, largely because I liked the fact they were insistent on using double opt-in as a way of protecting against spam. Campaign creation has been mostly OK, even if the WYSIWYG editor isn’t with some missing functionality. But like most systems, you learn the workarounds. GDPR changed all that. Now I am seriously considering moving on.

I suppose the warning signs should have been there when MailChimp announced that double opt-in was being dropped, only to hastily reverse course once they saw the backlash from EU customers.

The way MailChimp handles GDPR compliance for existing list members is clunky at best and exposes flaws in how they appear to handle data that I believe are serious enough for me to have doubts as to whether they are GDPR compliant as data processors.

Exhibit 1 – deleting unsubscribed members

MailChimp takes the view that an unsubscribed member is not necessarily one that should be deleted because they might be subscribed on multiple lists and/or for multiple purposes. That’s fine as far as it goes. But when, as I pointed out in a previous article , the only reason they are on a list is to receive email then a delete should be easily possible. It isn’t. And it’s confusing.

It is possible to create a segment of unsubscribed members and then bulk delete them in groups of 100. But after the page telling you those members have been queued for deletion has refreshed, the list number remains the same and I see the same names I saw the first time around.

To make matters more ‘interesting’ Zapier tells me that these members have been unsubscribed while the MailChimp dashboard says: “Finished: deleting 100 members.” Since Zapier is only collecting data that MailChimp exposes then I have to ask – what’s happening here when the members were segmented for the condition ‘unsibscribed’ in the first place?

And just to cap it all, I can not only still see the members that have ostensibly been deleted, I can still see their data. Goodbye ‘right to be forgotten’?

UPDATE: MailChimp knows this is an issue and plans to release improved deletion tools. If they don’t arrive by May 25th then you will have to be certain that your people are not doing anything they shouldn’t with this data.

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How To Guides

Subscriber Pop-up with MailChimp

Pop-up signup forms help you connect with the people who visit your website. MailChimp has added a Subscriber Pop-Up Form Builder to quickly design a pop-up form and customize it with a special offer or discount.

In this document, you'll learn how to design and edit a pop-up form in MailChimp, and add it to your site.

Access the Pop-Up Form Builder

The Form Builder is where you customize your pop-up signup form and generate the code you use to embed the form on your site.

In MailChimp navigate to the page.

Click the drop-down menu next to the list you want to work with, and choose .

In this example, I'll click on my list. Now click on Below you will see click on the button.

In the Form Builder, you’ll navigate between three tabs to create your form: Design, Fields, and Content. This is where you'll choose the format of your pop-up form and when it displays to people who visit your site. You can also add and style labels, call-to-action buttons, and custom messaging.

An editing window will popup. Here is where you will build and customize your pop up window.

You can choose how you want it to display; as a Modal, Slide or Fixed.

You can choose when you want it to display; Immediately, 5 or 20 sec, when they scroll to the middle of the page, the bottom of the page or when they exit.

You can customize the font, background colors, and the hoover color.

Next, choose the left, middle, right or full width.

When you click on the tab, check the box next to each field you want to include in your form.

To require a field, toggle the Required slider to the green checkmark.

When you click on the tab, you'll get a text editor tool where you can enter your body text and your sign up success message as well as customize it to your liking.

When you're done, it will show you a preview on the left window. You can then toggle between the Desktop and Mobile tabs to see how your form will appear on different devices.

To publish it, simply click on the button on the bottom right. It will confirm that you're about to save and publish your changes to your subscriber pop-up form. Go ahead and click

Generate Form Code

To finish, you'll generate the form code and add it to your website. The best place to add the code varies from site to site, so reach out to a developer if you're not sure where to modify your site's HTML.

To generate the form code, follow these steps.

In the Pop-Up Form Builder, click Generate Code.

In the Copy/paste onto your site pop-up modal, highlight the code and copy it to your clipboard.

Paste the code into your website's HTML.

Nice work! Your pop-up form will display when someone visits your site. If they choose to fill out and submit your form, we'll add them to your MailChimp list.

If a visitor has previously viewed your form, we'll use cookies to make sure they don't see it again for up to one year (or until they clear their cookies).

After you add the pop-up signup form code to your site, you may need to make changes to the form.

To edit the form, follow these steps.

Navigate to the Pop-Up Form Builder.

Click any tab to make your changes.

Click Publish.

In the Publish Form pop-up modal, click Publish.

MailChimp automatically push the changes to the code on your site and updates your pop-up form.

Looking for Developer Docs?

We have a whole section for that, including: Developer Training Series, Template Language docs, Module Development tutorials and much, much more.

Head to the Developer Section

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Securities sold in a SCOR offering are freely transferable. However, because of its small size, a public trading market is unlikely to develop following a SCOR offering. Thus, SCOR offerings are a form of early-stage venture financing, raising funds from investors solicited by means of advertising or other general solicitation, which, if appropriate, may be followed at a later stage by a more conventional public offering that would result in the development of a public trading market for the company's securities.

Financial statements for the company's last fiscal year must be attached to Form SCOR. Financial statements must be prepared in accordance with generally accepted accounting principles (GAAP), complete with appropriate footnote disclosure. They need not be reviewed or audited by an accountant, though audited statements are strongly encouraged, especially if the company lacks qualified accounting knowledge. They also provide added comfort to prospective investors. Further, if you are planning to sell the offering in other states, you will need to comply with their requirements which often include reviewed or audited financial statements.

Coordinated Review-SCOR (CR-SCOR) is a coordinated review program available for companies that intend to conduct a SCOR offering in more than one state. This program streamlines the review process for the company, since the review of the offering is coordinated amongst the states in which the company desires to register. A lead review state is appointed to coordinate the review and a single comment letter is generated for all the states participating in the review. The company must work with only one state to resolve any registration issues, rather than having to deal with each individual state in which the issuer desires to register. For more information regarding CR-SCOR, please contact the Division or consult the CR-SCOR section of the Coordinated Review website at www.coordinatedreview.org .

Undertaking a securities offering is a serious matter. It can be costly and will take time away from running your business. For more information on the implications of conducting a securities offering, please consult the Division’s Raising Capital webpage.

In addition, while company personnel can prepare the information requested on the SCOR Form and file the appropriate documents with the Division, it is often beneficial for the company to seek the assistance of counsel experienced in securities law issues. Although assistance of experienced counsel adds a transactional cost to the company for the offering, the dollars invested may return important dividends in terms of more timely resolution of regulatory issues and achievement of an earlier offering date than would be the case without the assistance of experienced counsel.

The purpose of this document is to acquaint the small business person with the possibility of raising capital through a SCOR offering. It should not be relied upon to actually make a securities offering. There are many additional important issues, of which a person making a securities offering should be aware. This document summarizes only some of the issues involved in conducting a SCOR offering.

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