Policy Statement Concerning Call Recordings and Telemarketing Opt-In

Call Recordings


BlueWhale does not provide call recordings to our customers in order that we may comply fully with the letter and the intent of government regulations in the many jurisdictions where we have call centers and calling prospects.


Based on a careful legal review of these requirements, we find the following:

• Many of the countries where we have call centers require that both parties consent to recording a conversation.

• Many governments in the countries or states that we are calling also require that both parties consent to recording a conversation.

• The nature of modern telecommunications technology is that we cannot be certain at any given time where the person being called is physically located.

• Some governments require that a recorded telephone call only be used for the express purpose given for making the recording, i.e. if you use it for “quality assurance and training” there is an expectation that you don’t release it outside of the company which makes the recording.

• Predictive dialer technology provides an automated connection to the call center agent that produces call sequences in which every call is subject to different regulations for which it is impractical to provide comprehensive training; thus, the call center has to operate on the most limiting regulatory requirements. In addition, experience and measurement have shown that the completion rate for outbound telemarketing calls that are begun with a consent request are so low, that the resulting campaign costs are not sustainable.

• We consider it essential to both monitor in real time and record and review recordings for internal quality assurance and training. We do so to measure the veracity and quality of calls. We believe that it is important to protect our customers from any risk or exposure to government enforcement action based on our practices and to do so we decline to provide recordings in the belief that this significantly reduces liability for our company and our customers.

Opt In For Telemarketing


BlueWhale frequently conducts telemarketing campaigns in geographic regions where some government agencies require that the caller has agreed to accept telemarketing calls from either the sponsoring entity or from the telemarketing service provider. When this is the case, we protect our customers from the implied liability by either using the customers opt in lists, our own, or those or reputable partners that specialize in particular government jurisdictions since this is usually necessary to be comfortable that all government regulations have been complied with. We decline to describe the details of these practices in the belief that this serves the interests of all parties concerned.

Opt In Policy Regarding Telemarketing in Germany


Regarding telemarketing in Germany specifically, the regulations are certainly tough. B2C telemarketing is not permitted under any circumstances. B2B telemarketing is only permitted with an existing opt in however, telemarketing to an unknown prospect with no pre-existing opt in (i.e cold calling) is still allowed, providing the interest of the business person contacted can be reasonably presumed by the telemarketer.

We therefore only run targeted campaigns in to Germany and consider calling somebody with an IT security job title about an IT security (for example) product sufficient to presume interest. If interest is not confirmed, or the telemarketing is given a reason to no longer presume interest then we follow the strict opt out procedures required and will never call that contact again.