Date: December 2004



Example 1: Factual Communications
Example 2: Express Consent - Sending Commercial Communications
Example 3: Consent Withdrawn or Denied
Example 4: Reasonable Expectation
Example 5: Unsubscribe Facility

RUBAC Electronic Information Management Methodology - Copyright of Hamme Family Trust

Example 1: Factual Communications
(See Section D, clause 1)

The following are examples of communications that would come within the definition of a
Factual Communication:

a	an Electronic Message from a private law firm, which includes an information sheet 
	outlining the effects of a particular court decision. 

	At the bottom of sheet the law firm may have the firm name, address, contact details 
	and logo. 

	This message could be seen to be commercial in nature as ultimately the message is 
	designed in some way to promote the interests of the private law firm.

	However, as the message only contains factual information plus the allowable contact 
	information it would come within the definition of a Factual Communication;

b	an electronic version of a neighbourhood watch newsletter which is sponsored by 
	the local newsagent;

c	an electronic newsletter from the local chamber of commerce which is sponsored by
	one of its members;

d	an e-mail message promoting a birdwatching enthusiasts' website with a link to the 
	website, where the website provides purely factual information relating to birdwatching 
	but is sponsored by a commercial entity.

Example 2: Express Consent - Sending Commercial Communications
(See Section D, subclause 2.3.1)

a	 A customer fills in a form, signs and provides personal details and permission to be 
	sent Commercial Communications. (The purpose of the form is to obtain agreement for 
	inclusion on a mailing list).

b	A voluntary check box or tick box appears on a form accompanied by anbexpress statement 
	that if the box is ticked by the Recipient, the Recipient may be sent Commercial 

c	A Relevant Electronic Account Authority representing an Organisation nominates Recipients 
	from within an Organisation to receive Commercial Communications from the Message Originator.

d	A customer signs up for a trial or promotional offer where it is clearly stated that it is 
	a condition of the offer that future Commercial Communications will be sent to them by the
	promotional provider.

e	A Recipient becomes a member of an Organisation where the receipt of Commercial Communications 
	from that Organisation, or from sponsors and partners of that Organisation is expressly part 
	of the membership agreement.

Example 3: Consent Withdrawn or Denied
(See Section D, Example 4: Reasonable Expectation
(See Section D, subclause 2.4.2)

a	Where a person has entered into a dialogue with a vendor regarding the potential supply of 
	goods or services and has provided either their business card or their electronic account 
	details, then they would reasonably expect to receive Commercial Communications from the 
	business provided that the content of the communications related to the goods or services 
	which are the subject of the original discussions or had relevance to them;

b	Where a person has entered into a competition and has supplied their Electronic Address 
	details as part of the entry process, then that person could reasonably expect to receive
	Commercial Communications from the competition organiser provided that the person has been 
	clearly	informed by way of a readily seen notice.

Example 5: Unsubscribe Facility
(See Section D, clause 10.1)

Deleting Recipients details from the contact database would not be sufficient to satisfy 
clause 10.7. 

Instead, the details of Unsubscribed Recipients should only be retained, where necessary, to 
ensure that the Recipient's wishes continue to be respected. 

The information should not be used or disclosed for any other purpose and in all cases should
be treated in accordance with National Privacy Principle 4.2 (i.e. to take reasonable steps to 
destroy or permanently de-identify personal information when it is no longer needed for this 

An example of an effective Unsubscribe facility would be the operation and maintenance of
an in-house suppression file. 

This involves the Message Originator or Message Service Provider flagging the Recipient's 
details within the contact database to indicate that they should not be sent further Commercial 
Communications unless they resubscribe to the service.

Revised: S: 20:03 Sat 2004/11/06 Syd 2089
F: 20:34 Sat 2004/11/06 Syd 2089
Who: sgg
Authorised: sgg
Created: 09:45 Tue 13/06/2000 Syd 2065
By: kmb
Revision: 3a4h1.002
Original Page: 3a4h
Change date: