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Questions

Will this approach be considered SPAM?

A client wants to send an EDM (split according to location) to several thousand public servants... read more

Asked by:
Rebecca Carroll-BellOwner at RCB Mediation Services
Hi Steve,Further to my comments above, an article came upon Flying Solo that may assist: Sending emails: are you breaking the law? Cheers,Bec CB
Jef LippiattCo-founder at Startup Chucktown
I'm not a lawyer, but I would err on the side of caution. If the users did not explicitly sign up for receiving updates, newsletters or promotions it potentially could be seen as spam. It may not be seen as SPAM holistically by every person that receives the message (some may find it useful), but if enough people are unhappy about it watch out.I will say that is not always the case, but specifically if the goal is to sell something you may have less leverage. I have received several emails over the last 2 years that were things I did not sign up for, however, my email address was pulled from a public resource (Github) but the message was about conducting research for higher education purposes by students and/or faculty. I suppose I could have seen that email as SPAM, but the email was polite and transparent about several things.WHERE - they mentioned where they found my email addressWHY - they made it clear that participation was optional but helpful (for a survey)HOW - they let me know how the information I entered in the survey would be usedWHEN - they let me know that when all the surveys were complete the results would be shared with meKeep in mind one other thing, they also personalized the email that I received. It did not appear to have been a message that was sent to multiple (or hundreds) of people. My name was specifically used in the email. It is possible it was done through an email marketing provider (such as MailChimp) however, I saw no indication of 3rd party branding on the message.I would still say if you proceed, do so with caution. Perhaps if you are dead set on going down the path you mentioned, try sending the communication to only a handful of people first (such as 10 to 30 people). See what types of responses you are getting back (if any) or if it improves click through rate or sales.I would say you should still seek advice from an attorney before moving forward.
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Questions

Can you recommend a good digital marketing lawyer?

Can Savvies please help with a referral for a legal firm expert in digital? I'm looking for an... read more

Asked by:
James NorquayOwner at Prosperity Media
One law firm we have used in the past is Cooper Mills Lawyers (Office Sydney/Melbourne) they deal mainly in Technology Law - Trademarks, Digital Issues, Domains. I am not sure about Email marketing tho these guys have been very good when we have dealt with them. Ask for Erhan the partner of the firm he will know my name. If his firm can not assist you I am sure he will put you onto the right company to do so.
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Regulatory and compliance

Why Your Business Should Invest in OHS

Ethics It may come as warm and welcome information that in the current Australian business world... read more

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I couldn't agree more! We strive to adopt preventative measures in SME's so they can avoid the kind of OHS issues your friend's business had!
Ling LeeDirector at Japanese Sword Auctions Australia
Great article! A friend of mine recently had a major OHS issues that sucked him of thousands of dollars and a potential lawsuit. As the saying goes, a stitch in time saves nine!
Regulatory and compliance

Registering a Business Name in NSW

Registering a business name in NSW The NSW Department of Fair Trading used to manage business name... read more

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Phil Joel Director at SavvySME
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Regulatory and compliance

How to Register a Business Name in Australia

Setting up an ABN to register a company Although ASIC has been the governing body of business... read more

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Questions

Is your business OHS/WHS compliant?

Do you think your business is meeting its OHS/WHS obligations and if so, what are you spending in... read more

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Regulatory and compliance

Occupational Health and Safety (OHS) Management System

What is an OHS management system and what should it include? An OHS management system is a... read more

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Ling LeeDirector at Japanese Sword Auctions Australia
Great article! That's a really long list of OHS :D
Regulatory and compliance

Registering a business name in Victoria

Registering a business name in Victoria The steps to register a business name are: Apply for an... read more

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Phil Joel Director at SavvySME
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Questions

Is an echosign contract coverable?

I'm looking at Echosign at the moment as a simple way of getting all relevant stakeholders to sign... read more

Asked by:
Phil KhorFounder at SavvySME
Hi Andrew, Echosign's response: "You can choose who signs and specify the roles of stakeholders and determine which stage they need to sign."  Also, "More info on proof of signature + custom doc. signature order + security measuresto identify signers. https://t.co/Lf7Tv0RtpY​" LOL it would have been easier if Echosign is in here talking about these features, but hope this helps :)
Phil KhorFounder at SavvySME
Hi Andrew, great question. I have heard about Echosign but haven't used it yet. I was interested in the answer too, so I posted this question to my network and Echosign responded "Yes, in Australia e-sigs have the same legal status as handwritten signatures. Read here for more info: adobe.ly/16jqZ9U" I've also asked them to clarify regarding proof of director sign off, and post the answer here so that everyone in the community can see it. Sounds like a great option for SMEs if we can be assured of these questions.
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Questions

Do you know where your business stands with the new Work Health & Safety laws?

The new WHS legislation has gotten many businesses rethinking their systems and practices.... read more

Asked by:
Nadine Saadi Co-founder at Smeosh
Hi Guys, Just to play the role of the devils advocate here. I'm all for the development and prosperity of small business as know it's the heartbeat of the Australian economy and as as a small business owner myself based in Victoria know how valuable piece of mind is but how ethical do you think Statutory Liability cover is? Is the fact that businesses can now insure themselves against the risk of being fined for breeches in the WHS Acts going to mean they will be less likely to invest in a safer workplace and more likely to take risks with regards to OHS knowing the penalties for breaking the law (possibly resulting in serious worker injury) can be insured? Your thoughts?
Hi Nadine, This is a great question and I'll be sure to take your quiz. What most SME Business owners in Australia do not know is that they can insure against fines and penalties for breaches of the laws. (see case Hillman v Ferro Con and Paolo Maione). It is of course incredibly important to have the documentation in place after all avoiding an incident altogether is much better than insurance, but, what if an employee breaches the laws leaving the director and the company exposed? The documentation may reduce the penalty, but in the end they may still have a fine to pay simply because their company (or its representative) broke the law, not because they did it intentionally. This insurance is called Statutory Liability Insurance and is available as either a standalone insurance policy or it can be included as an extension within a management liability insurance policy. This cover is not available in most Business Packages (QBE is the only exception I am aware of) and isnt available from most direct insurers, SME Business owners can talk about this type of cover and their business through an insurance broker.
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Regulatory and compliance

Transitioning from a sole trader to a micro-business

Operating as a sole trader may be a viable option for the first year, but once sales pick up and... read more

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SavvySME Official Official Account at SavvySME
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Regulatory and compliance

How Some Small Business Organizations Are Becoming A Perfect Place For Workplace Injuries

Just because none of your employees has ever got injured in the workplace does not necessarily mean... read more

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Michael Evans Manager at 3leaps
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Prevention is always better than cure! Well stated Phil, I couldn't agree more. Also, to back up Chris Boyace's input that business owners are spending more on OHS. We are OHS Consultants specialising civil and commercial construction Australia Wide and week on week we are starting to assist more and more businesses to create safer workplaces through documented and followed systems and safe work practice awareness.
Phil KhorFounder at SavvySME
Great article Michael, I agree as business owners we need to remember we have every responsibility for the safety and well being of our people. "Safety comes first" is a motto I hold dearly especially when I have workers on construction sites. I'd like to also point out it's not just about compliance or insurance because prevention is always better than cure. So it really pays to be vigilant and go the extra mile to train and care for our people. Never tempt Murphy's Law. Thanks Michael.
Questions

What are the legal considerations when starting a business?

Lets say a budding entrepreneur has an idea for a start up. It doesn't have to be revolutionary. In... read more

Asked by:
Dj Hodgson Marketing & Communications Manager, BDM at David Henderson Online
Dj HodgsonMarketing & Communications Manager, BDM at David Henderson Online
Update #2. After calling the BAS, they were at a loss as to why the contact centre for ABLIS in NSW which is NSW Fair Trading (cause that makes sense) couldn't give me an answer about licenses and permits when that is specifically what they handle. However BAS was extreamely helpful and put me onto a few different options to contact, as well as referring me back to ABLIS. Will try ABLIS again and see if a different operator can help but I also found an industry association for best practise in the correct industry through looking at an existing companies website. So I am definitely on the right track : )
Dj HodgsonMarketing & Communications Manager, BDM at David Henderson Online
Thanks Steve for your input. I was on that suggested link and as well as a search engine to help you find the answers to your questions (which as I mentioned before can be a little difficult) they also have a phone number for the Fair Trading centre on 13 32 20. Just to keep you updated they referred me to another service, The BAS (BUSINESS ADVISORY SERVICE) and I will be contacting them on 1300 134 359. I shall keep you posted : ) Thanks again. (P.S. Going to have another crack at the search tool on your suggested link, cheers)
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Regulatory and compliance

Changes to the Fair Work Act 2009 (commencing 1 January 2013)

A number of proposed changes to the Fair Work Act 2009 can now be confirmed, as of 1 January 2013,... read more

Added by:
Ben Thompson CEO at Employment Innovations (EI)
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Wendy HuangFull Time Blogger and YouTuber at A Custom Blog in 4 Minutes
Thanks for the update Ben :)!!