AUSTRALIAN E-MARKETING CODE OF PRACTICE - DEVELOPED BY THIS ACA ENDORSED COMMITTEE Date: December 2004 G EXAMPLES INDEX Example 1: Factual Communications Example 2: Express Consent - Sending Commercial Communications Example 3: Consent Withdrawn or Denied Example 4: Reasonable Expectation Example 5: Unsubscribe Facility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 TrustExample 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 Communications. 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 purpose). 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.