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October 1, 2023 24 mins

Ever wondered how to navigate the tricky world of opt-ins for joint ventures

You're in the right place! We're about to dissect the legal and practical aspects of it, and you'll leave with a clear understanding of its significance in creating a profitable and legally secure business. 

  • We'll start by defining what an opt-in is and how it's essential in joint venture list building. 
  • You'll learn how to craft a tight privacy policy that includes a clause for sharing email addresses with third parties, seeing it as an important part of your business that, when done right, can take your venture to new heights.

But wait, there's more! The second half of our conversation further magnifies the importance of opt-ins during collaborations. 

  • We'll guide you through the process of obtaining one, exploring its legal implications along the way. 
  • Hear us discuss the ins and outs of managing opt-ins when working alongside others, and learn why including a privacy policy in your partnership isn't just a nice-to-have—it's a must! 
  • We'll round off by talking about the repercussions of mishandling opt-ins and the critical need for mindfulness in each step you take towards a joint venture. 

So buckle up, and prepare for a fulfilling journey into the world of opt-ins and joint ventures!

Thanks for listening. Take the BIZLEBOX™ QUIZ ➡️ How Legally Prepared Are You

This podcast may be considered attorney advertising and is provided for educational and informational purposes only. This is not legal advice specific to any situations.

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Tamsen Horton (00:00):
In this episode we are going to break apart some
of the legalities and thepracticalities involved in
handling the opt-ins for a jointventure when email addresses
are at play.
I'm going to share with you thelegal, the clause that is

(00:21):
required, the things that youneed to have covered from a
legal perspective and then alsoreally elaborating and
highlighting for you that legaldoesn't live in a bubble.
Legal is here.
It is an active, workingemployee of your business,
designed to support andstrengthen the joint venture,

(00:44):
and exactly how you are usingthat in building and running and
growing all of thewonderfulness of your business.

Kip Horton (00:59):
Welcome to the Bizzlebox podcast, the go-to
source for out-of-the-boxentrepreneurs.
Here you found business andlegal in a box, all neatly
packaged, how thoughtful, withentertaining stories and
unforgettable metaphors fromlicensed attorney Tampson Horton
to design and achieve aprofitable and legally secure
business that makes an impactand allows you to fully live on

(01:23):
your terms.
Can you ever have an attorneywithout a disclaimer?
Nope, we're going to happen.
Here's one just for you.
Bizzlebox provides high qualityinfo on business and legal
issues, but to get the bestadvice for your situation, find
an attorney you know like andtrust.

(01:44):
Tampson is an attorney, butshe's not your attorney.
She is my mom.
Now here's Tampson.

Tamsen Horton (01:53):
Alright, today we are going to dive in and break
apart a question that one of myBizzlebox members sent to me,
and the question is how do yourecommend handling email
addresses for those that opt infor joint venture events?
Such a good question, soapplicable to our everyday life

(02:18):
as a business owner, and as anonline business owner especially
.
So let's start by firstdefining the terms.
This is so vitally important.
When you are doing anything inbusiness, and especially with
legal, you want to define whatexactly are we talking about,

(02:41):
because using generic words likesuccess or that was good or
this isn't working.
Those aren't helpful, becauseask 10 different people, get 10
different answers.
So in this episode, when I'mtalking about an opt-in, that is

(03:03):
when someone is providing theirname, their email address, a
phone number, some sort of datathat can be used to then send
them something.
So if you are brand new intothe lingo of an online business
owner, an opt-in is typicallywhat we refer to, the action

(03:26):
that is part of a lead magnet.
It is all about list building,which, honestly, is just
collecting addresses like a goodold fashioned Rolodex for those
of us that are old enough toremember such a thing.
So opt-in personallyidentifiable information that

(03:47):
allows us to then send somethingdirectly to someone.
And in terms of joint venture,this could be as part of list
building.
So opt-ins are at play.
This could be in the case ofpurchases, where offers are at
play.
Anything that you are doing orwould be a part of doing with

(04:13):
another business entity.
It could be a one-to-one jointventure, slash collaboration, or
it could be a one-to-many inthe instance of a challenge or a
virtual summit andunderstanding that the purpose
of joint ventures is really tocomplement one another in the

(04:36):
best sense of the idea.
Now are there a lot of jointventures that don't go so well,
absolutely, but at its core,we're really thinking in
complementary terms, where weare enhancing each other,
complementing each other,working together for the
purposes of a specified goal.

(04:58):
So when we're talking aboutthis, we definitely have
business at play and we havelegal at play.
That's why Bizzlebox existsBusiness and legal in a box.
We're gonna tackle the legalfirst, because I think in many
ways that's the easier portionof this.
So here I wanna tackle it fromboth sides of the equation.

(05:23):
If you are the host of the jointventure, so you are the one
whose tech team and I refer totech, team or team tech.
I'll say it both ways all ofthe tools that we hire in our
businesses.
For instance, I use Kajabi, Iuse their email, I use their

(05:45):
landing pages.
So, for me, if I was the hostof a joint venture that was
collecting opt-ins, then I amusing my technology, I'm
collecting the data.
It lives within my domain of mybusiness, what I would have
access to.
If that's the case, if I'm theone collecting it, if you are

(06:08):
the one collecting it, then yourprivacy policy must have a
clause in it that covers yousharing email addresses with
third parties, typically in ajoint venture or a collaboration
.
Part of the enticement forhaving others collaborate with

(06:29):
you or be a part of something isthat they will get access to
those email addresses, that itwill help them also build their
list.
So if your joint venturedoesn't involve sharing email
data, you can pretty much justlisten on for fun and keep it in

(06:49):
mind for future collaborations.
But most of the ones that Iencounter, your sharing email
addresses, your sharing thatopt-in data with third parties.
Now, if you didn't yet listen toepisode two, which was the
unexpected employee yourbusiness's privacy policy.
In that episode, I shared withyou how I view all of the legal

(07:16):
documents that we use in ourbusinesses, how they serve a
similar function to that ofemployees.
So if you didn't yet have achance to listen to that, that's
also a really good episode toanchor in.
This document isn't just asilly document that lives in a
footer, it is an employee ofyour business and therefore it

(07:39):
is performing and is responsiblefor certain duties in your
business.
The fact that the law requiresall of us to have privacy policy
is our clue that they'reimportant employees and we need
to treat them as such.
Now I want to give you I've saidif you're the joint venture

(07:59):
person and you're collecting theemail, your privacy policy has
to have this clause.
Now I'm going to give you anexample of this clause, of what
it shows up, what it sounds likein the paragraph, and then
we'll kind of pick it apart.
So here is the clause Use tothird parties.

(08:22):
Personal data is never sold,leased or shared with any third
parties.
A third party is any companyoutside of the subscriber
company relationship.
Insert this paragraph if youare doing joint ventures,
collaborations with anotherbusiness and are list sharing

(08:45):
the information, the company mayprovide the subscriber
information to third partieswith whom the company is
collaborating and workingtogether with.
If the company is providingsubscriber information, the
company will provide thatinformation at the time the

(09:07):
subscriber provides theinformation for an opt-in and or
purchase.
Legal mumbo jumbo right,totally, totally get it.
So, in a broad sense, what thisclause does is provide you, as
the person collecting the emailaddresses, the legal permission

(09:31):
and solid footing, legallyspeaking, to stand on should you
or your business ever bechallenged with a legal action
that is, concerning datacollection or data privacy.
So what you are giving yourself?
What?
This employee, this documentthat works for you.

(09:52):
That's why I call it employee.
It is working for you.
It is not an independentcontractor.
It does not show up when itwants to.
It shows up every single day,24 hours a day, seven days a
week.
It is saying I'm not sharinginformation, but if I do a joint

(10:13):
collaboration, if I'm doing ajoint venture, then yes, I may
share that information.
When you put this in at theinception of your business or
before you even encounter acollaboration of any sort,
you're covered.
It's not something you need togo back and address.
You would have there and itwould be working for you.

(10:34):
Now I do know of two instances,and this is where people often
say well, does that just reallywhat's going to happen?
Like, seriously, nobody cares,somebody, it only takes one
person to care.
That's the tricky part andoften the frustrating part with
legal.
We're constantly thinking aboutand planning for the worst case

(10:59):
scenario, but the worst casescenario is usually a fraction
of a percent of the time.
To me, if we take care of that,it just makes everything else
much better.
So I know of two instances.
One I was not involved with atall.
One I was involved behind thescenes in the cleanup aspect of

(11:21):
life, and they both involvedvirtual summits.
They were not massive virtualsummits.
They had about, I believe, adozen not quite two dozen
collaborators as part of it.
So not a mega virtual summit,but a large virtual summit, and
both were due to misuse andmishandling of the emails and

(11:46):
the data collection that allpersons.
The result was that all personsassociated with the virtual
summit were legally required todelete all the data that was
collected from the event.
Can you imagine Like if you'rebrand new to the online business

(12:07):
realm, you might not have acomplete experience yet of how
much work really does go intomaking all those buttons
magically click.
For those of us that have beenaround for a long time, we know
how much work goes into makingall those little buttons

(12:27):
magically click, of coordinatingthe recording or the delivery
of all of those different people, all the different resources.
It's a big undertaking.
Imagine if you did all that andthen because of misuse, because
of mishandling in reallyinappropriate ways, all the work

(12:49):
that went into that, theeasiest resolution was just
delete it, like just get rid ofall of it.
That was the easiest solutionthat could be achieved.
Oh yeah, I mean not fun, notfun at all.
And that is going to bring meinto the handling of opt-ins and

(13:15):
emails when you're working withother people.
Joint Ventures another good wordfor it is a group project.
I'm almost 50 years old.
I've done a lot of groupprojects in my life.
Some are spectacular and I lovethem, others not so much.
Joint venture group project tome that's always a good way to

(13:41):
link the terms so that thedecisions that I'm making, the
choices that I'm making, aregoing into making this one of
the best experiences and Not thenot the worst.
So we're gonna again Do this ontwo different sides.
One as the host of a jointventure.

(14:04):
Require, as part of yourcollaboration, links to each and
every person's privacy policy,not optional.
You want to apply to be acollaborator name, email address
, social media links link toyour privacy policy.

(14:25):
There is a reason that Facebookads will not let you run
Facebook ads without a link tothis, so require it as part of
your process now.
Ideally, you are using adigital tool like a Google form
type form, a job form I'm surethere are many other forms that
I'm not even thinking about tocollect the information from

(14:48):
your collaborators, from yourother group project members, and
Keeping all that information.
Most of those tools.
I know Google for sure.
It's already built in as partof the Google tool suite.
Check a box, move a, toggleover and every submission lands

(15:08):
on a spreadsheet.
Fabulous, everything is there.
All the links are there.
It's easy to save.
You have covered yourself as ahost, now as a collaborator,
check the host's privacy policy.
If you can't find a privacypolicy, that is a good little

(15:32):
bell ding, ding, ding, ding,ding.
Hey, just looking for yourprivacy policy.
Where would that be?
When you find it, look for aclause similar to the one that I
shared above.
Do this before you sign on as acollaborator as part of that

(15:55):
group project, because you Justdon't want to get roped in to a
mess, even if the end result iseverything comes out fine, which
it does 99% of the time, itreally really does.
I'm just not a gambler like that.

(16:15):
I Don't want to gamble with mytime, my money, my freedoms, my
families.
I'm just not.
I'm not that kind of a gambler.
I Might try a new drink, youknow, at Starbucks, or a new
flavor of ice cream or somethinglike that, but this is not an
area that I personally gamble.
You have to make that decisionfor yourself now, checking

(16:41):
making sure that it's there,because it means they're
thinking about it and if they'rethinking about it, it probably
means they're doing steps toprotect your data.
When I have been Invited tothings in the past, if I saw to
me they're many red flags, I'dbe like, hey, I'm looking for
this.
You know where do you have it.
Sometimes they did, sometimesthey didn't.

(17:02):
If they didn't, most of themwere like, oh, I need this.
I'm like, yeah, this would bereally handy.
Now I'm in the unique positionwhere I could point them in the
right direction, just because Iam an attorney.
This is what I was being askedto come to the summit to be a
part of, or the Challenge orwhatever the collaboration is.
But I don't.
If they're like, oh, we don'thave it or they don't get back

(17:24):
to me, I don't make a big dealabout it, I just move on.
I just don't sign on to do thething.
So you don't need to make a bigRuckus about it.
You don't need to like, go intocrazy I Don't know crazy mode
out over it, just be aware of it.
And I personally Wouldn't signon if I didn't have a link to

(17:47):
the privacy policy.
I, as a group project member, Iwould take the additional step
and this is truly probablyoverkill on my part, but I would
just Get the URL.
I do a quick screen capture ofwhat was at play when I signed
on and I would save it in mynotes with that Group project so

(18:11):
that if anything would happen,I just have it.
I don't have to look for it.
It's not a big deal, it justcovers, covers me, gives me
peace of mind and it takesminutes to do.
Now here is another piece that,when you are looking practically

(18:33):
speaking and I think thisreally, really plays into the
business aspect is that, whenyou are good, when you are
someone that other people enjoy,when you are great at your
craft and you know what you'redoing, you're going to be asked
to be a part of a lot of things,and that is fantastic.

(18:56):
You're going to find, though,that not everything is right for
you when they are asking you tobe a part of it, and here is
where you really need to knowwhat is your business model
exactly.
If you cannot draw on a sheetof paper such that my now 12

(19:20):
year old could understand howyou are making money, where you
are showing up for a read magnetso a YouTube, a blog, a podcast
where, specifically, the exactURL where people are providing
you their optin information,links to your specific offer,

(19:44):
exactly where your businessmodel is, your funnel is drawn
on paper, then you don't know ifthis group project is good or
not, and to me, people like totalk in the what I call the
cloudy level, like the oh, thiswill be great, don't you want to

(20:04):
be a part of it?
And we're going to have thismany people and this person's a
part of it, and yada, yada, yada, yada, great, I'm going to pull
out my current running businessmodels.
I have a unique term for itNorth Pole to New York City.
We'll save that for anotherepisode, but I will look at it

(20:25):
and say specifically okay, thisfits exactly here on this sales
funnel.
I can plug it in Because, let'ssay, you get 100, 1000, 10,000
or more emails as part of thejoint venture, the collaboration
, the group project.

(20:47):
You need to know exactly whatare you doing with those people.
Now, if you're the personrunning the joint venture, you
likely have a clue exactly whatyou are going to do with people,
but you would be surprisedthere are some people that don't
.
They made it as far as oh, youshould run this collaboration or

(21:10):
you should run.
I'll use virtual summits isjust a good example for this.
Oh, you should run this, andthen they run it and it goes
well.
And then they're they.
Oh, oh.
I didn't exactly know what Iwanted people to do.
So what is the next stepImmediately following the joint
venture for you and yourbusiness?

(21:32):
You have the equivalent of anopt-in or a lead magnet step.
That's now complete.
We're talking about emailaddresses.
That means the opt-in iscomplete.
So now what?
And that really is why you haveBizzlebox business and legal in

(21:54):
a box, because legal supportsyour business.
You don't want to operate insuch a way that you pigeonhole
legal or you shove it in acorner, because Legal is there
not just to support you.
It is there to be your reallyfantastic, amazing, couldn't

(22:15):
replace employee.
It is there to make you money.
It's there to save you time.
It's there to save you money.
All of those pieces are Exactlywhat legal is designed to do.
And so when you are exploringjoint ventures, you're being
asked to be a part of them oryou're running them, you're

(22:36):
collecting email addresses.
Yes, you cover the legal aspect.
You make sure I have theprivacy policy, I have the
clause or I've checked thatsomeone else has taken care of
those pieces.
And Then, most importantly, Iknow Was this the right
collaboration to say yes to atthis point in time?

(22:58):
And that becomes an easy way oflooking at your business model,
looking at your sales funneland saying yes, it fits in this
spot.
And if it doesn't fit in thisspot, then you have a really
professional, polite way ofsaying Thank you so much for

(23:19):
inviting me.
I am flattered that you askedme to be a part of this, but for
right now, this doesn't fit inthe business the way that I have
laid it out.
I have thought, I have strategy, I have all of those things in
place because you want to beable to and talking about today

(23:39):
specifically, you want to beable to use what you've learned
To strengthen and support theincredible impact that you are
bringing to the world.

Kip Horton (23:53):
Thanks for tuning in .
If you enjoyed this episode,please leave a review and share
it with a friend.
At Bizzlebox, we love helpingentrepreneurs succeed.
We offer a variety of reliable,easy to use tools.
At Bizzleboxcom, our goal is tohelp you have a profitable and
legally secure business so youcan make your impact while

(24:17):
living fully on your terms.
Until next time, take whatyou've learned and put it to
work for you.
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