AUSTRALIAN E-MARKETING CODE OF PRACTICE - DEVELOPED BY THIS ACA ENDORSED COMMITTEE Date: December 2004 C DEFINITIONS C: Definitions and Abbreviations
RUBAC Electronic Information Management Methodology - Copyright of Hamme Family TrustC DEFINITIONS AND ABBREVIATIONS ACA The Australian Communications Authority - the government regulator of telecommunications and radiocommunications. Australian In respect of Commercial Communications means: Link 1 originating, commissioned or authorised in Australia and sent to any destination; 2 originating, commissioned or authorised overseas and sent to an address accessed in Australia. Charity A Charity or charitable institution is a not-for-profit Organisation with a dominant charitable purpose for the public benefit. Code This Code of Practice Code A body comprised the representatives outlined in Section E Administration of the Code and whose functions are determined by clause 2. Body Commercial The communication of advertising, marketing or promotional Communication material, which is directed to a Recipient via an Electronic Message. Complaint In respect of this Code - a Complaint is an expression of dissatisfaction relating to actions taken by a Message Originator or Message Service Provider under this Code and lodged in writing (including electronically) in accordance with the procedures outlined in this Code. Confirmed A process whereby on receipt of a subscription the Opt-In Message Originator or Message Service Provider acknowledges the subscription by sending an email to the new subscriber. Consent Means: i Express Consent; or ii Inferred Consent. Contact A means which allows the Recipient or Relevant Electronic Mechanism Account Authority to make direct contact with, or obtain information from a Message Originator, or Message Service Provider including, but not limited to a postal address, telephone number, website, email address, WAP site or bookmark, or nominated MWT reply number. Data Provider A person or company that makes Third Party Contact information available to Message Originators or Message Service Providers for the purpose of allowing the Third Party Contact information to be used to send Commercial Communications. A Data Provider may or may not be actively involved in the sending of Commercial Communications. Device The apparatus or hardware on which a Commercial Communication is received by the Recipient for example, computer or mobile phone. Double Opt-In The process whereby the Recipient or Relevant Electronic Account Authority takes an active step to confirm that Express Consent has been given. Educational A pre-school, school, college or university and includes Institution private schools, colleges and universities. Electronic An Electronic Address includes but is not limited to: Address i An email address; ii An Electronic Address in connection with an instant messaging service; iii A telephone number. Electronic A message sent using an internet or other listed carriage Message service to an Electronic Address in connection with: i An email account; ii An instant messaging account; iii A telephone account; iv A similar account; excluding voice telephony and facsimile. Express An active step taken by a Recipient or Relevant Electronic Consent Account Authority to indicate Consent. Factual An electronic communication the purpose of which is to Communication merely notify or inform the Recipient or Relevant Electronic Account Authority and not to influence the Recipient or Relevant Electronic Account Authority in making a purchasing decision about a product or service or to inspire a commercial relationship. Forwarding A mechanism provided on a commercial website or within the body Facility of an Electronic Message that generates a predefined Commercial Communication to be sent/forwarded to another Recipient's Electronic Address specified by a Recipient. Functional An effective facility, which may or may not be automated, Unsubscribe that allows an electronic account holder to withdraw Facility Consent by indicating to the Message Originator or Message Service Provider that such Commercial Communications must not be sent in the future. Government Means: Body i a department of the Commonwealth, a State or a Territory; or ii an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or iii a department of the government of a foreign country; or iv an agency, authority or instrumentality of a foreign country; or v a department of the government of a part of a foreign country; or vi an agency, authority or instrumentality of the government of a part of a foreign country. Inferred Consent that can be reasonably inferred from Consent i the conduct; and ii business relationships; and iii other relationships. of the Recipient or Relevant Electronic Account Authority. Location Based Commercial Communications targeted to a Recipient or Commercial Relevant Electronic Account Authority dependent on their Communications location as determined by technology such as Global Positioning Systems (GPS). Media A Recipient directly involved in the collection, analysis and Representative reporting of public events, information or published content. This includes, but is not limited to, editors, subeditors, journalists, researchers, producers, executive producers, directors, writers and presenters. Message Any individual or Organisation (including sole traders and Authoriser partnerships) that authorises and may also send or cause to be sent Commercial Communications to promote, advertise or offer to supply its own products or services, where the Use of Commercial Communications is NOT the sole or principal means of promoting, advertising or offering to supply its own products or services. Message Authorisers are not bound by the provisions of this Code but are required to comply with the Spam Act 2003. Message Has the meaning given to it in section B, subclause 1.2.2 Originator and includes any individual or Organisation (including sole traders and partnerships) that sends or causes to be sent and authorises the sending of Commercial Communications to promote, advertise or offer to supply its own products or services, where the Use of Commercial Communications is the sole or principal means of promoting, advertising or offering to supply its own products and services. Message Service Has the meaning given to it in section B, subclause 1.2.3 Provider and includes any individual or Organisation (including sole traders and partnerships) which, by contract or other arrangement (other than a contract of employment) sends or causes to be a sent a Commercial Communication on behalf of a Message Originator or Message Authoriser. Mobile Wireless Includes existing and emerging wireless technologies Technology including but not limited to Short Message Service (SMS), (MWT) Multimedia Message Service (MMS), Wireless Access Protocol (WAP) and 3rd Generation technology (3G). It does not include voice calls made to mobile telephones. Organisation Includes sole traders, partnerships and bodies corporate, Government Bodies and unincorporated bodies or associations. Paid A Commercial Communication or series of Commercial Subscription Communications supplied and paid for over a defined period Service of time. Premium Rate A MWT service charged at a premium to the normally Service accepted standard rate for that means of communications. Recipient Any natural person who receives or may receive a Commercial Communication. Recognised A body or association having a membership representing Industry Body Message Originators and/or Message Service Providers that has been accredited by the ACA to investigate Complaints received under the Code. Registered A political party, or a branch or division of a political party, Political that is registered under: Party i the Commonwealth Electoral Act 1918; or ii a law of a State or Territory that deals with electoral matters. Relevant A person or Organisation or who has direct administrative or Electronic financial authority to amend, cancel or suspend: Account Authority i a free account; or ii a pre-paid account; or iii anything that may reasonably be regarded as the equivalent of an account; on their own or on their employees' behalf. Third Party Contact information provided to a Message Originator or Contact Message Service Provider by a third party (being someone other than the Recipient to whom the information relates), including but not limited to, referrals and swapped, rented or purchased lists. Unsolicited Commercial Communications sent to Recipients or Relevant Commercial Electronic Account Authorities without Consent. Communications Unsubscribe A request made by a Recipient or Relevant Electronic Account Authority that a Message Originator or Message Authoriser cease sending Commercial Communications of the nature specified by the Recipient. Use The term 'Use' in respect of Commercial Communications when referenced in this Code, includes to send or cause to be sent (for example by arranging for another party to send the Commercial Communication).