NEW ZEALAND’S E-MAG FOR ENTREPRENEURS AND BUSINESS OWNERS
APRIL 2017 VOL 2
DON’T WAIT FOR OPPORTUNITIES, CREATE THEM
Nine Powerful Daily Habits of the Best Salespeople Taking Someone’s Photo: Are You Taking Something You Shouldn’t? Startup Watch: EditMate www.nzentrepreneur.co.nz
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CONTENTS 4
Don’t Wait for Opportunities, Create Them
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Nine Powerful Daily Habits of the Best Salespeople
10 Taking Someone’s Photo: Are You Taking Something You Shouldn’t? 16 Startup Watch: EditMate
20 Quick Fix
CONTACT US
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ABOUT / Short and sharp, New Zealand Entrepreneur is a free e-magazine delivering thought provoking and enlightening articles, industry news and information to forwardthinking entrepreneurs.
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EDITOR / Richard Liew ART DIRECTOR / Jodi Olsson GROUP EDITOR / Colin Kennedy CHIEF FINANCIAL OFFICER / Alastair Noble
linkedIn: NZ Entrepreneur t: @NZpreneur
CONTENT ENQUIRIES / Phone Richard on 021 994 136 or email richardl@espiremedia.com ADVERTISING ENQUIRIES / Jennifer on 0274 398 100 or email jenniferl@espiremedia.com WEBSITE / nzentrepreneur.co.nz
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, l l e s we ceed c u s u yo
Better sales begin with better relationships. Our proven sales and customer service helps your business thrive by fostering deeper connections between people and brands. We work behind the scenes to make our partners’ brands shine. Find out how your sales channel can work better and smarter. Visit: LeadingEdgeGroup.co.nz
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Entrepreneurship
DON’T WAIT FOR OPPORTUNITIES, CREATE THEM BY Alistair King
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f you are anything like me, you’ve heard the age-old cliche: ‘take all the opportunities that come your way’. Now first off, I must concede that this is sound advice. However, it’s my growing belief that it’s when people take control of their future that they can achieve their goals. In short, for many people, the most efficient way to achieve their goals is not to throw mud and see what sticks.
business and give it all the spare time I had; no one came and told me that sacrificing my economics grades was a good idea. I developed an international investment portfolio because I decided to pick up the phone one day and call a stockbroker; no one came to me and offered me the opportunity to invest.
I have done marketing consultancy for multi-million dollar revenue businesses because I decided to contact them and offer to work for them for free; no one came and offered the opportunity for an 18-year-old to give marketing advice It’s now easier to create your own opportunities to million-dollar revenue businesses. than it has ever been. You might be one email or phone call away from doing the thing Disclaimer: I also procrastinate, sleep far you have been waiting months or years for too much, hate early starts and struggle for someone to come and offer you. motivation if the passion is not there. Having put this thesis to the test myself, However, this piece is not about me – it’s I have spent the last 12 months trying to about you, and your ability to achieve and create as many opportunities for myself as I gain experience in almost any field you want can, alongside my high school and university (business or not) by simply having the mindset studies. I am a best-selling author because a group of mates and I decided to publish a book; to create your opportunities. no one came and asked me to write a book. You could sit around and wait for As a young person, it amazes me how free we are to do whatever we want, with a platform to try things in an environment that’s as risk-free as it can ever be. I’m 18 years old, and the only thing I regret as that I didn’t realise this sooner.
I am CEO of The Lion Foundation Young Enterprise Company of the Year ‘Where’s Woolly’ because I decided to start a
opportunities to find you, or you could go out and create the opportunities that could change your life. Good luck! •
Alistair King is an 18-year-old entrepreneur, investor, author, speaker, consultant and student, and the co-founder and CEO of Where’s Woolly. www.nzentrepreneur.co.nz
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Sales
NINE POWERFUL DAILY HABITS OF THE BEST SALESPEOPLE BY Ben Paul
www.nzentrepreneur.co.nz
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e’ve probably all either worked alongside or even been the client of a truly exceptional salesperson. Many people put what they do and how they do it down to some unique quirk of nature. Many pass it off as saying they were born with the ‘gift of the gab’. But I’m not sure that’s true. I’ve worked alongside many exceptional salespeople, and they are all very different personalities. Some are even highly introverted – but they all share some very common daily habits which make them successful. Through observing and coaching these outstanding salespeople, I thought it might be useful to share some of the ‘secrets’ from these observations, so you can start to build their habits into your day-to-day sales routine.
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MAKE TIME FOR PROSPECTING This is simple, and yes, it’s effective. Thirty minutes a day is plenty because when you have an established base of regular clients and they are actively spending with you, that’s when your pipeline is most at danger. It may seem counter-intuitive, but it’s true. Because if you just farm your existing clients, at some point, it is likely the work or revenue will dry up. This may well then put you into panic mode as you try to gain new customers in a hurry. So, take time every day to plan who you want as customers, start the early parts of researching and then – most importantly – contact them. Making this a routine takes a lot of the fear away, as in time it just becomes part of what you do.
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PLAN YOUR DAY EARLY
LEARN YOUR ABC – ALWAYS BE CURIOUS
I remember one of my very first sales directors back in the late 90s taking me under her wing and saying to me, “Do you know what I’m doing when I’m walking my dog every morning at 6am? I’m planning the day ahead, thinking about new opportunities and client follow-ups, that way within the working day, no time is wasted.” Now you don’t have to get a dog, but get your day organised before you arrive at work and your productivity will soar.
Great salespeople listen and ask great questions to find out more. Not just questions to try and find a problem that their solution can solve; they ask more rounded questions about the other person and their business. They genuinely want to know how things are and if they or their network can help their customer or prospect with these issues. They have a natural thirst to learn and discover more about their customers. Every day, they are curious.
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Sales
Do your research and ask great questions to understand what is important in their world.
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THEY KNOW WHO THEY WANT TO TALK TO MOST
MAKE YOUR CLIENT’S SUCCESS YOUR PRIORITY
This is more than just an organisation you desire to have as a client. You can’t actually converse with Mr Microsoft or Mrs Spark. Understand the clients you want to work with, of course – but beyond that, know who the people within that organisation are that you need to build a relationship with. Do they have organisational power or influence? If not, find out who does.
I remember chatting to a top product salesperson many years ago, and she said one of the best statements I’ve ever heard. “I really don’t want to work with unsuccessful or struggling clients. I mean, if they aren’t doing well, and if our product or our help and advice can’t help them become successful, then really what’s the point?
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SHARE THINGS OF INTEREST One of my early sales mentors used to photocopy stories of interest and post them to his clients, with a short handwritten memo. It was something I copied, very quickly. It was amazing how quickly this built trust and meant that customers looked forward to your calls, rather than dreaded them. These days it’s much easier to share stories online, but the key is to make them relevant and helpful to your client. So do your research and ask great questions to understand what is important in their world. www.nzentrepreneur.co.nz
We’re just taking their money for no good reason, and you can’t build a business on that.” So true, so eloquent and it was hardwired into her DNA. So, start to think about how you can help your clients become more successful.
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FOLLOW UP PROMPTLY, AND I MEAN PROMPTLY Recently I had a meeting with the MD of a major New Zealand engineering firm. On leaving the meeting, just as I was exiting the car park, my phone buzzed, and the follow-up note had arrived in my inbox. The speed of the follow-up blew me away and was impressive.
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Great salespeople make targeted calls that engage the other person and get them talking
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MAKE YOUR FOLLOW-UP NOTES COLLABORATIVE One of the most simple and successful tools I share with my clients is what we call Confirm & Clarify (CC) notes. In sending a postmeeting or post-call follow-up, we bullet point the main areas discussed, with the next steps as agreed in the meeting below that. However, the main twist we give is starting the note with something like, “Below is a summary of what we discussed and the next steps. Please let me know if I’ve misheard or misunderstood anything, or if you have anything further to add?”. It’s simple, it engages the other person to participate and maintain the conversation, and it’s not only good manners, but it demonstrates your reliability.
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THEY NEVER CUT AND PASTE THE COMPANY SPIEL Only this week I received one of the worst prospecting emails imaginable. “Hello (insert name) I want to set up a call with our Director, to discuss these awesome things our product does…” Next came the long list of technical features and wizardry that meant nothing to me at all. So, clearly, I won’t be taking that call. There was absolutely no indication whatsoever that they had any idea who I was or what I do. Great salespeople make targeted calls that engage the other person and get them talking. Or they email something they have thought about that is tailored differently to every client and prospect, and most likely doesn’t mention their product. They offer value through help or shared insights, which means you want to meet or engage with them further. If I was to summarise these main habits, there are two key areas to focus on: 1. Organise your day. Have time set aside for key sales tasks. 2. Think client first; your product or service second.•
Ben Paul is the Director of The Business of Trust New Zealand, and has over 17 years experience in both NZ and the UK in business development, sales and as a coach/facilitator/mentor.
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Marketing
TAKING SOMEONE’S PHOTO: ARE YOU TAKING SOMETHING YOU SHOULDN’T?
BY Tracey Walker
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ootage of ‘crowd shots’ has long been used by advertisers for commercial purposes. In many shots, individuals in the crowd are indistinguishable, or identifiable only to very few people. The crowd scene might be fleetingly used in a one-off campaign with little consequence. But, what about the use of footage or images where individuals are clearly identifiable, perhaps even the focal point of the shot – such as zoomed in footage of the crowd taken at a sports event? Do those individuals have any right to object to the unapproved commercial use of their image? NO EXPRESS IMAGE RIGHT IN NEW ZEALAND The starting point is that there is no express ‘right to image’ protection in New Zealand. In essence, this means that you do not own your appearance. There are no statutes prohibiting photographing someone in public without their consent unless it falls within the definition of an ‘intimate visual recording’ – the ‘up skirt’ or ‘down shirt’ scenario. However, in today’s ‘cult of celebrity’ landscape, commercial use of celebrity images without permission will land an advertiser in hot water. The typical argument is that it implies endorsement or sponsorship. Many, if not most, people would assume that the celebrity has permitted the use of their image and is being compensated for it.
If the use is, in fact, unapproved, then consumer protection provisions of the Fair Trading Act 1986, which prohibit misleading or deceptive conduct, come into play. Also, depending on the image used, there may be trademark infringement; for example of registered trademarks on the playing uniform of a sporting celebrity. In the scenario of the non-celebrity image use, there is unlikely to be any copyright infringement (assuming the images are captured first-hand, rather than reproduced). The only copyright work is the photograph or film itself, and the owner of copyright will be the photographer, or the brand advertiser or advertising agency which commissioned the photograph, depending on the contractual position. The copyright owner will not be the individual whose image has been ‘taken’. If the photograph or video is itself taken from the replay screen at the venue, there may be a copyrighted work which has been taken, but it will still not be the videoed or photographed individual who owns the copyright. www.nzentrepreneur.co.nz
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Marketing
PRIVACY: IS THERE A REASONABLE EXPECTATION OF PRIVACY IN A PUBLIC SPACE? An aggrieved individual who objects to the commercial use of his or her image is left with a potential privacy complaint or with a defamation claim, depending on the nature and type of use (e.g. modification of the image, association with a controversial brand or juxtaposition of other material). A privacy complaint might take one of two forms. First, a claim that the photography and use amounts to an interference with the individual’s privacy. This however requires not only a reasonable expectation of privacy but publication that is highly offensive to a reasonable person. Being photographed in a public place does not rule out a reasonable expectation of privacy, but it presents a significant hurdle.
This is an attempt to get a contractual release from all those entering. Whether it is a valid contract will depend on whether the term has been properly incorporated into the ticket purchase contract, and whether the purchaser has had sufficient notice of the term. However, even if not contractually binding, such a notice will likely influence the ‘reasonable expectation’ test. On the other hand, if caught in an embarrassing incident which lasts all of a split second, why should an individual not have a right to protest the commercial use of a recording of the incident – particularly when it may be disseminated far more widely than would normally be expected, and might otherwise have been a candid moment unobserved by many people (if any). Vulnerable people and children face an easier task to show both a reasonable expectation of privacy and that publication is highly offensive to a reasonable person.
In one English case, ex-Style Council muso Paul Weller succeeded in a privacy claim against media who photographed his children In practice, this is heavily context dependent; on a family outing. This was despite the fact New Zealand courts require a fairly exceptional that the outing was in California where public case to satisfy that hurdle. Attending a public space considerations usually make the taking event such as a sports event means entrants of such photographs perfectly legitimate. are not likely to have a reasonable expectation Interestingly, the facts and context were of privacy in the stands. Some venues or similar to the New Zealand case of Hosking events include ticketing terms or notices, such v. Runting, where the Court went the opposite as a term that by entering the stadium patrons way, in part because it was not influenced consent to being photographed or filmed. by European law as the Weller case was. www.nzentrepreneur.co.nz
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Vulnerable people and children face an easier task to show both a reasonable expectation of privacy and that publication is highly offensive to a reasonable person. DOES THE PRIVACY ACT APPLY? The second way in which privacy may be engaged in our scenario is through the Privacy Act 1993. This legislation principally deals with the collection, storage, use and correction of personal information by ‘agencies’. Personal information is defined broadly as any information about an identifiable individual. Agency is also defined broadly. It essentially captures everyone, corporate or individual, including for instance a paparazzo, although specifically excluding a news medium in relation to its news activities. The Act prohibits ‘collection’ of personal information – from anyone other than the individual – without that individual’s consent. But it also requires that any collection of personal information from the individual meets certain disclosure and consent requirements and that collection is not carried out by unfair means.
However, the difficult question is whether taking someone’s photograph in a public space amounts to a collection of personal information at all. After all, a photograph is merely a record of what we observe. If it is not a collection, then the disclosure and consent requirements of the Act do not need to be met. On the few occasions on which the Privacy Commissioner has dealt with a complaint about the use of a photograph taken in a public space, collection was assumed rather than critically examined. However, the Act specifically says that receipt of unsolicited information is not a ‘collection’. The Court of Appeal said in one case, albeit in a different context, that recording unsolicited information cannot amount to a collection in terms of the Privacy Act. It is, therefore, arguable that observing someone and recording that observation does not amount to a collection, as it too is unsolicited. www.nzentrepreneur.co.nz
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Marketing
PRIVACY IN ANOTHER FORUM? Privacy is a highly developed concept in rulings of the Broadcasting Standards Authority (and by extension, the Online Media Standards Authority), but advertising is excluded from the remit of both bodies. A complaint about advertising is instead typically dealt with by the Advertising Standards Complaints Board, for instance under the Code for People in Advertising. A breach of the Code will occur if the use of the image portrays the individual(s) in a manner which is reasonably likely to cause serious or widespread hostility, contempt, abuse or ridicule. DEFAMATION – POTENTIALLY BUT DEPENDENT ON THE USE Finally, there is the potential for a defamation claim in the case of humiliating use of the footage. If the photograph or film image is juxtaposed with other material in such a way that an individual is ridiculed or their reputation adversely impacted, there may well be legal recourse. Of course, it would be an expensive route to vindication.
SHOULD YOU OR SHOULDN’T YOU? From the advertiser’s perspective, the uncertain or inadequate legal protection afforded individuals should not be seen as a green (or even amber) light. First, any international campaign may strike the problem that just because there is little protection in New Zealand, does not mean the same state of affairs exists in other countries. Secondly, there are reputational issues to manage. Without background talent checks, there is always a risk that use of someone’s image unwittingly associates your brand with someone with a chequered history. Third, if the individual wants to take on the advertiser for failing to compensate them or get their consent, there are plenty of opportunities to whip up social media agitation. NOTE FROM THE AUTHOR: This article is intended to provide general information only and is not intended to be relied on as legal advice.•
Tracey Walker is a legal consultant, specialising in media law and intellectual property enforcement. www.nzentrepreneur.co.nz
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NEW ZEALAND IS A HOTBED OF ENTREPRENEURIAL GOODNESS EACH WEEK WE PROFILE A STARTUP WE’RE WATCHING ACROSS A RANGE OF INDUSTRIES
EditMate
FOUNDERS: Scott Stratford & Rachel King HQ: Auckland
www.nzentrepreneur.co.nz
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Tell us about your business. EditMate is a creative tech platform and service. It’s a way for brand’s to create regular video content (designed for sharing on social media) easily, effectively and affordably. Our user generated video (UGV) app enables brands to crowdsource and upload video straight to our team of expert editors. Our editing service turns raw, user generated footage into polished, shareable social videos. We’re also launching an updated EditMate platform that will combine our asset management and project management systems into one cohesive dashboard for clients, editors and admin. Who and where are your target customers? We’re a B2B service and our target is the marketing department for brands, both big and small: marketing managers, social media managers, marketing directors or creative agencies that work with those brands. Anyone who is in charge of creating content and looking for innovative, cost-effective ways of doing it.
Who, how and when did you first come up with the idea for your business? In late 2016, my co-founder and I saw a gap in the market. Between the two of us, we had worked in online advertising, video production and the agency world. We both noticed more and more of our clients would shoot videos themselves (often on their phones) but then needed it professionally edited. We ended up working on a few projects of that nature just as a side hustle, and then realised its potential for a scalable business. We also began to learn how effective user generated video is as a marketing tool. From there, we came up with the idea for the EditMate app as a way to streamline the process of crowdsourcing UGV.
www.nzentrepreneur.co.nz
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What are your three biggest unique selling points? 1. Working with EditMate, a brand's community can become their mobile film crew. Sharing user generated video makes creating video content accessible to everyone. It’s an authentic and effective way to market. 2. We’re an end-to-end product. Not only are we building an SaaS (Software as a Service) platform and app that crowdsources, project manages and organises user generated video, but EditMate also works with a team of experienced, professional video editors and animators to turn that raw, user generated video into polished, branded social videos. We can do everything, start to finish. 3. Our team of editors is handpicked – we only work with video editors that our founding team has personally worked with before, so the standard of quality for our final video deliverable is extremely high.
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What’s been the biggest challenge you’ve faced in building your business so far? In our first year, we bounced around between New Zealand, Australia and the USA, gaining clients in each region. With our small team, our biggest challenge has been gaining fresh customers in new countries while maintaining the customer relationships and sales channels we’ve already worked hard to build. How do you market your business and what advice do you have for others around marketing? We market EditMate through outreach and inbound content marketing, creating useful and relevant content on our blog. My advice to others around marketing would be to never stop actively learning about your industry. The best way to market your brand is to be an expert in your segment and continuously sharing your knowledge through your website and social channels. For this reason, it’s helpful to truly be personally interested in and fascinated by your industry.
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What are three things about your business that you are proud of? 1. We proved our concept in our first year, testing our products and services and tweaking it as we got honest feedback from real, paying clients. 2. We have clients and team members in three countries: New Zealand, Australia and the USA. 3. We’ve created our own space: crowdsourcing user generated footage and cutting it into social, branded videos. No one else is doing that, and while challenging, it’s cool to work on something truly unique.
What is the biggest entrepreneur lesson you would like to share with other Kiwis thinking of starting their own business? It can be a roller coaster, and despite the perks, it’s definitely not easier than being employed. But whether your business ends up being wildly successful or not, it’s an invaluable learning experience. Everyone on a founding team is forced to learn new skills (design, accounting, SEO) every day, and each person will grow enormously, both in the professional sense and personally. •
www.editmate.co F: www.facebook.com/heyeditmate I: @editmate T: @heyeditmate
L: EditMate Y: www.youtube.com/editmate
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QUICK FIX
Is your clock in sync with your customer’s?
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f your sales process ends when you close a sale, chances are your clock is out of sync with your customer’s. As you move onto the next opportunity, your clock will have stopped for the first customer, just as theirs is starting. Why? The customer clock starts when they take receipt of and begin using the goods or services they have purchased. As a buyer, you don’t say “I first started looking for this car ten months ago and I’m really pleased with it.” Instead, you say “I’ve had this car for eight months and I’m really pleased with it.” The time begins when you take possession of the car, not when you first talk to the salesperson. If you only watch your own clock, your competitors will soon be changing the time on your customer’s clock. If you haven’t been in contact with a customer since they made a purchase, give them a call now and start watching their clock instead of your own.•
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“The harmful effects of stress on your health are not inevitable. How you think and how you act can transform your experience of stress.” Kelly McGonigal, Ted Talk WATCH IT HERE: ‘How to make stress your friend’
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