Are you allowed to send a Winback sequence to customers, who are not opted in?

  • 24 June 2021
  • 1 reply

Badge +3

We have already successfully set up a Winback Flow for our current customers. But we also want to reach our past customers, who ordered weeks, months or even years ago. We want to contact them one last time, to hopefully win them back as active customers or eventually sort them out.

For that purpose, I created a segment for all customers who have placed one order over all time but never returned to our shop. This segment contains approx. 50.000 contacts. But only 6.000 out of those 50.000 are officially subscribed to our newsletter. 

My question is, are we allowed (according to German law)to contact all 50.000 of those customers or should we keep it to the 6.000, who are officially opted in?  


Best answer by David To 24 June 2021, 17:33

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Userlevel 7
Badge +60

Hello @Tastillery,

Great question!

I would advise against reaching out to these past customers and focus only on the opted-in contacts but always check in with your local legislation and your own legal counsel to ensure you are adhering to compliance as Klaviyo is in no position to provide legal advise.

Keep in mind though that these customers who have only ever placed a single order and never returned for a subsequent purchase may also not be the most engaged audience. In this case I would suggest cleaning your account and profiles. Frequently cleaning your list/account is best practice as it prevents you from reaching out to unengaged contacts. Sending emails to unengaged contacts may not garner the best results in terms of your email’s performance and may instead impact your deliverability.

To learn how to clean your list/account and for deliverability best practices, I would recommend taking a look at the articles and Community posts below:

I hope this helps!