Nielsen Stands To Gain In Restrictive 3P Data Climate; Maven Courts Publishers

Here’s today’s AdExchanger.com news round-up… Want it by email? Sign up here. Long On Nielsen Dan Salmon, a BMO Capital Markets equity research analyst, upgraded Nielsen from market perform to outperform, an “opportunistic call” based on Nielsen’s clients’ growing need to measure and verify third-party data and online media. “We believe tightening regulations on open internetContinue reading »

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WTF is the CONSENT Act?

The question of whether Europe’s pending privacy rules would make it to the U.S. is nearing an answer.

Last week, while Congress grilled Facebook CEO Mark Zuckerberg about the company’s failure to protect people’s privacy, Democratic Sens. Edward Markey and Richard Blumenthal introduced the CONSENT Act. The Customer Online Notification for Stopping Edge-provider Network Transgressions Act would impose similar rules in the U.S. to the EU’s General Data Protection Regulation, which takes effect on May 25. However, there are important differences between the two.

What would the act require?
In a word: consent. Publishers, platforms, brands and anyone else collecting people’s information online would need to obtain a person’s explicit consent before they can use, share or sell certain information about that person. They would need to detail all the ways that information is used, shared or sold, and notify people when those ways change “in a significant way,” according to the bill.

What information, exactly?
The data that ad buyers and ad sellers typically rely on to target and measure ads online: The sites people browse online, the apps they use and their geolocation. People also would have to give consent for any use of their emails, private messages, call details, financial information, health information, Social Security numbers and information related to children.

Sounds good for consumers. What’s the catch?
There may be a loophole for certain pieces of personally identifiable information, like people’s names and email addresses. That information is not listed among the types that would require consent. It would be up to the Federal Trade Commission, which would enforce the law, to decide what types of personally identifiable information should also require consent to be used, shared or sold. If the FTC excluded such information under the act, companies would only be required to notify people if they use, share or sell people’s names, email addresses and other personally identifiable information.

How would the act affect publishers, advertisers and platforms like Facebook and Google?
Platforms and advertisers could only target ads to people who gave them permission to collect their information, though the loophole could be used to target ads by matching the names and email addresses of users and customers. Advertisers could see smaller audience segments to target. And brands would also have to obtain people’s consent to use information collected from a brand’s own site or app to target them with ads or determine if seeing an ad led to a sales action.

Couldn’t publishers and platforms require people to give consent to use their sites or apps?
No. Companies would not be able to bar people who don’t give consent from using their sites or apps, according to the bill.

So this is basically the US version of the GDPR?
Yes and no. On the surface, the GDPR and the CONSENT Act both would require companies to obtain people’s consent to use certain information. But the 15-page CONSENT Act largely stays on the surface, while the 99-article GDPR goes deep into how its rules apply to companies that control people’s data versus those that process it. The personal information loophole is another big difference. Companies could still use that information without consent if they tell people how they are using it.

What’s the likelihood of the act becoming law?
Hard to say. Congress has introduced two online privacy laws, in 2011 and 2015, but they never passed. Perhaps there’s more momentum now with the Facebook situation, said Adam Solomon, partner at Michelman & Robinson, but he characterized the bill’s potential to pass as “still pretty low.” And with no Republican sponsor yet, it’s not going to go anywhere, said Gary Kibel, partner at law firm Davis & Gilbert.

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The Players’ Tribune is trying to diversify beyond ad revenue

The Players’ Tribune wants to be known as more than a place where athletes go to write — or dictate — articles announcing their free-agency signings or retirement.

The digital publisher launched three years ago as a forum for athletes to tell personal stories directly to their fans, and it has relied on branded and sponsored content revenue. Now, it’s looking to diversify its revenue through entertainment content and licensing. The company also is exploring what it can do with merchandise and possibly even a subscription offering, but those plans are less concrete. Global expansion is also in the works, with TPT recently partnering with Spanish soccer star Gerard Piqué and his investment group Kosmos to open offices in London and Barcelona. The moves come on the heels of digital media veteran and former Spotify CRO Jeff Levick’s arrival to TPT as its first CEO last September.

“We’re driving through the process of figuring out different ways of diversifying our revenue because we’re not going to live in a world where ad-only businesses are going to succeed the most,” said Levick. “The goal of every quarter is to show our revenue mix diversifying.”

Video will remain a core focus for TPT’s content, but the company is placing a greater emphasis on long-form and episodic content, which included creating a new office in Los Angeles last fall to head up its entertainment development and production. TPT has 10 people in LA — including president Jaymee Messler, who relocated there last year — with plans to double that staff by the end of the year, Levick said. (TPT’s total head count is 85, not including its international arm.)

So far, TPT has sold a couple of TV pilots that are in production and is developing a feature film based on former NFL player Vernon Turner’s life story. Levick said the company has a dozen such projects in the works, but declined to give specifics.

Levick points to two examples, a Samsung-branded video series called “Out of Context,” starring NFL star Richard Sherman, and NBA player Isaiah Thomas’ documentary series “Book of Isaiah II” as examples of the type of video programming that TPT can do and wants to do more of.

“That’s the type of content we can do because we have unique access to these athletes that people will continue to want to see,” said Levick, adding that there’s a “clear market demand” for TPT-style programming in the entertainment world. “That’s what led us to quickly build a presence out west,” Levick said.

In Europe, TPT plans to work with soccer stars such as Lionel Messi, Neymar and Cristiano Ronaldo in the lead-up to the 2018 FIFA World Cup in Russia. It will also work with athletes in other sports, including Spanish NBA stars Pau and Marc Gasol; and Indian cricket legend Sachin Tendulkar, to create more video programming for international audiences.

Founded by former Yankees star Derek Jeter and backed by $58 million from investors including IVP and Alphabet’s GV, TPT is not yet profitable. Levick said the company remains “venture-staged, focused on growth.”

To date, TPT’s business has been entirely branded and sponsored content. In 2017, branded content clients included Samsung, Gatorade, Bank of America, Mastercard and Verizon.

“One of the unique powers that the company has is the depth of knowledge behind a particular athlete, and what they’re interested in and who their audience is,” said David Roter, TPT’s head of global revenue and partnerships, who joined the company from Twitter last fall. “This helps when we work with a brand like Procter & Gamble because it’s important to connect them to athletes that make sense for the audience they’re trying to deliver against.”

While TPT has been able to snag big-name brands, a challenge of doing branded content is that it can be expensive — especially when deals involve well-known athletes — and difficult to scale. A source familiar with TPT’s branded-content deals acknowledged that sometimes TPT has paid athletes more than what a campaign was budgeted for. But ultimately, this source said, this also serves TPT, which wants to be known as “athletes-first.”

Branded content, more so than one-off sponsored editorials, will remain a focus for the company even as it tries to create new revenue streams. When TPT was formed, the idea was to have an ongoing relationship where athletes help advertisers create branded video series and campaigns, instead of focusing too much on one-off, transactional endorsement deals, said Messler.

“There are a lot of transactional dollars in sports, and with everyone chasing the same ad dollars, which are going to Facebook and Google, we needed to be unique and showcase [to brands] how their spend can be more meaningful with us,” said Messler. “We’ve been able to create this model where we are able to help brands and procure top talent to create premium content.”

Image via Jed Jacobsohn/The Players’ Tribune

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Martin Sorrell’s departure marks the beginning of the end of the holding company era

Martin Sorrell’s departure from WPP this week may signal the end of an era — not just for one of the most outspoken and public-facing advertising figures of our time, but for the concept of a holding company itself.

Holding companies, which arose over the past few decades, were created ostensibly because of economies of scale, although the truth was that it was a way to avoid conflict situations so agency groups could have multiple clients in similar sectors. With lots of agencies came a bigger piece of the marketing pie — especially if a holding company’s agencies could do creative, media and maybe even some ad tech. And holding companies are also likelier to get negotiating power while working with, for example, the duopoly.

“We’re hitting a point where everything that could go wrong for the holding company structure is going wrong right now,” said Ian Schafer, the founder and former CEO at Deep Focus. From a lack of integration to increasing competition from consultancies to supposed efficiencies never panning out, Sorrell’s departure may signal the end of the holding company model.

Schafer said the genesis of the holding company was that put together, combining multiple offices would lead to “efficiencies.” But what ended up happening was the efficiencies were happening in the form of discounts. “When you do a lot of discounting, you’re getting taken advantage of by the client,” he said.

It’s no secret that holding companies have been struggling. WPP itself has had what Sorrell described as “not a pretty year,” posting its worst revenue growth since 2009, missing earnings guidances. WPP’s first-quarter growth, per analysts, is expected to be negative, especially as clients cut spend and overall demand for creative services from agencies falls.

Some of it can be attributed to the market, but certainly not all. Consumer goods giants increasingly want advertising spend that drives performance, leading to a new way of spending money that doesn’t necessarily get funneled through agencies. Even where it does, there is a continued squeeze on agency margins.

A former WPP executive said that particular margin pressure hurts holding companies the most. “Their financial rigor is all about managing to the margin,” this person said. The way a holding company manages its finances is also outdated, said this executive, since profits and losses are generally measured on the office level.

“When Sorrell bangs on about clients pulling back on spend, when you actually look at the balance sheets of these companies, they’re not cutting back on spend — they’re just spending it in different places,” said the former WPP executive.

There’s also the continued threat of consultancies, which represent significant power and scale compared with holding companies. Consulting firms are creeping in on agency turf, with most of last year focused on integration. This year, many of them are starting to add some media strategy to their repertoire, if not full-blown media buying.

For one search consultant who preferred not to be named in order to avoid damaging relationships, clients have been actively moving away from the “agency holding companies.” This person said that overall, there is no value for clients in multiple agency offices under one holding company trying to create work — either under the “team” approach favored by Sorrell or another arrangement. “The concept works, but it takes too long for the cultures to approach that,” said this person. “And the mistake holding companies make is to still have separate P&Ls, so there’s no real skin in the game.”

Sorrell was one of the major drivers behind an effort to integrate WPP’s business, such as its recent move to create Wavemaker, a media agency formed from combining MEC and Maxus. Dubbed “horizontality,” the idea was to simplify how WPP worked. But internally, the business remained siloed. “They also insist on collaboration across agencies and geographies, but when bonuses are measured, they’re measured by offices,” said the former WPP executive.

What happens in the post-holding company era? A Barclays research note about Sorrell titled “End of an Era” said that in terms of company performance, the most positive change would be if WPP restructures to address industry issues. One way to do that would be to merge agencies.

The other option: WPP would simply exist to “hold” as a shell operation ends, and it would become a more coordinated agency. “Being spread out was very fine for more than 30 years when WPP was a delivery machine. We think this is no longer optimal and would favour some injection of revolution at WPP rather than only sticking to evolution,” the note reads.

Industry veterans say another possibility is Sorrell’s departure puts more of a spotlight on individual networks and their leaders. “His departure should be a moment of reckoning and reinvention to those at WPP HQ, to liberate themselves from his style of forceful leadership and the micromanagement of his agencies,” said Andy Maher, a partner at growth advising firm Waypoint Partners.

Another WPP employee echoed that sentiment: “It’s time for agencies to stop being shackled to this WPP mindset and just be their own companies.”

Of course, agencies are cockroaches, and a lot of this is easier said than done. WPP could continue to exist because it’s really hard to break up. “While it’s only natural to be speculating as to the future of WPP, it’s no easy feat to restructure a holding company as big and as complex as WPP,” said Results International partner Julie Langley.

“The holding company model is going to persevere because it’s too big to disassemble,” said Rebecca Lieb, media industry analyst at Kaleido Insights.

Seb Joseph and Lucia Moses contributed to this report.

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Sports teams and leagues chase online ad budgets

When Premiership Rugby announced insurance broker Arthur J. Gallagher as the headline sponsor of the U.K.’s top rugby competition earlier this month, it represented a watershed moment for the league. Prior to the deal, rugby chiefs kept getting told by prospective candidates that more online assets had to be bundled into the deal, according to two separate commercial executives, who revealed details of the deal on condition of anonymity.

“Once they boosted the online assets, they made progress,” concluded one of the sources. Premiership Rugby was unable to share details about its strategy before this article was published. Video assets are likely to have been emphasized to Arthur J. Gallagher and other potential backers, given how much Premiership Rugby has invested in both the distribution and measurement of its social video content in recent years.

Even Manchester United, the world’s richest football club, according to Deloitte, has had to adjust its own ambitions recently. The club launched its first YouTube channel in February, years after its rivals, in a bid to exploit its status as the site’s most viewed English football club. Rather than just use it solely for marketing its own content, the club is seeking out YouTube creators who bring in their own sponsors and lucrative audiences.

YouTube offers football clubs a lucrative revenue stream outside of the traditional social channels, said Misha Sher, vp of sport and entertainment at MediaCom. Previously, clubs may have bundled unique content into over-the-top platforms or behind paywalls.

Relying on impressive follower counts to inflate the value of sponsorship deals is no longer enough for leagues and teams looking to properly profit from their digital assets.

“Discussions between rights holder and sponsor are more concerned with how you activate a smaller number of people, who are really engaged with the property, are going to talk about and share the asset,” said Gareth Capon, CEO at video tech platform Grabyo. “For certain demographics, this is more valuable than just thinking about a billboard on the side of a pitch that’s going to be seen on TV.”

While clubs like Manchester United and Paris Saint-Germain tout their follower counts, behind closed doors, their commercial bosses accept there’s little value in those numbers alone. PSG, for instance, knows it needs to understand its fans better — not just the hardcore supporters, but also the casual fans, those who show more loyalty to players than the clubs. It’s why PSG can say it must work closely with commercial partners to boost their reach through the content it publishes daily, while working to acknowledge the level of engagement.

“As clubs are starting to realize that there is a way of monetizing the different digital channels, they’re doing what brands and other digital content creators are doing, which is really focusing on engagement — that’s really the driver of value,” said Russell Stopford, PSG’s chief digital officer, at Advertising Week Europe last month.

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Alibaba’s Tmall woos luxury brands to sell to its invite-only loyalty club for big spenders

Nearly a year after rolling out its high-end brand hub, the Luxury Pavilion, Tmall is building a luxury loyalty club to offer more benefits to the 100,000 Luxury Pavilion customers who spend more than $159,000 per year through Alibaba.

The new Luxury Pavilion Club offers those top-spending customers a suite of benefits, including exclusive sales, event invites, flexible payment options and first access to new products. There are two tiers to the program, with a premium membership providing customers with a personal shopping concierge and offline perks like spa sessions and hotel stays.

The loyalty club is part of Alibaba’s Uni Marketing platform, through which it’s been sharing data with brands to help them run better targeted campaigns, find new customers and understand who shops for what on Alibaba’s marketplaces. It’s also part of Tmall’s ongoing pursuit to bring luxury brands, which have been wary of Alibaba’s mass reputation, onto the platform by winning them over with an online gated community. The Luxury Pavilion and Club are both invite-only on the customer and brand side; all Pavilion customers are automatically admitted into the Loyalty Club with higher-spending customers qualifying for the premium tier. As of now, there are around 50 luxury brands on the platform, including Burberry, Guerlain, Givenchy, Rimowa and Hugo Boss.

This high-touch customer experience stems from the handle Alibaba holds on its vast customer data, including its ability to identify luxury shoppers and understand their shopping behavior. In China, millennials are driving a luxury market growth rate, accounting for $22 billion in spend on high-end apparel, accessories and cosmetics in 2017, a six-fold increase over 2016, according to Bain & Co research. On Tmall, millennial customers add up to about half of the Pavilion’s clientele.

All of the luxury customer insight that Tmall gathers is then handed over to brands.

“There are 500 million users on the Tmall platform, and we’ve done the work to make sense of the data we’ve collected so brands can get a better picture of the consumer, by tracking what they like, tracking sales results and communicating with the right customers based on these profiles,” said Jessica Liu, president of Tmall Fashion and Luxury. “That’s vital for marketing, sales and branding on such a complex platform.”

By building the Luxury Pavilion on top of a mine of customer data, Tmall is hoping to build trust with brands that have looked at it as a place for cheap commodity goods and counterfeits. Through the Luxury Pavilion, brands can build out their online storefronts with editorial and video content, promote in-store offers and personalize product recommendations. Tmall is using machine learning to not only identify luxury customers, but also predict the brands and items they will be most likely to purchase. For non-luxury Tmall shoppers, there’s no way to access the Luxury Pavilion.

“A brand-owned site saves these luxury labels from issues like control over positioning, description, pricing and listings,” said Rob Nowell, marketing manager at the global analytics firm Brandview. “Brands that have such a strong brand image and want to maintain that are wary of selling on platforms where there’s a lack of control. Alibaba wants to prove it’s not one of those platforms.”

With the new Luxury Pavilion Club, Alibaba is also helping brands to promote online-to-offline shopping at luxury brand stores in China. Through Tmall’s brand dashboard, brands can identify customer behavior across online and in-store channels. Premium members also get access to a personal shopper who can make purchases and returns in local stores on their behalf.

“In traditional retail, it takes incredibly long to get customer feedback. You design, you ship to a retailer, they sell to the customer — it takes months,” said Liu. “We open the data feedback loop as soon as a product goes live on the site. You can react immediately. Quick feedback is very important today, because the consumer is changing so quickly.”

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Warsteiner Created an Annoying Ad, Then Launched Another Version Responding to the Haters

If your beer’s not for everyone, does it follow that your ads might not be, either? That’s the gamble Leo Burnett Argentina made with its recent ad for client Warsteiner, a German beer with a relatively small South American ad budget. To help give the brewer a marketing boost, the agency recently launched an artsy…

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The Retail Industry Is Focusing on Customer Experience and Convenience to Win in Ecommerce

For decades, the retail industry stood strong. Retailers emerged fairly unscathed during the first wave of the internet in the ’90s because consumers still by and large chose to shop in physical stores staffed with employees that strived to provide customer service. So, it was business as usual with a small number of wary execs…

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How to Eliminate Bias in Data-Driven Marketing

Problems with data bias are well-documented, from an image recognition algorithm that identified black users as gorillas to language translation services that referred to engineers as male and nurses as female. And just as bias found its way into these data sets, so, too, can it sometimes be found in the models marketers use to…

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Q&A: Westworld’s Jonathan Nolan on Marketing Season 2, Elon Musk and the Danger of Social Media

Many creators hope their show will engage fans. Few have had such a hand in creating as many immersive marketing experiences as Westworld co-creator Jonathan Nolan. Adweek caught up with Nolan, who co-created the show with Lisa Joy, ahead of the Westworld season 2 premiere on April 22 to find out how involved he is,…

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