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Consumer Help
When can organisations send you electronic commercial communications?
Many organisations communicate with you via electronic means. This may be the result of you signing up to a newsletter, joining a loyalty card program. Recent studies have shown the consumers like to be communicated with via email and they find it a useful way to receive communications about the latest offerings of their favourite brands and products.
An organisation can send you electronic commercial communications via SMS, MMS, Email and Instant Messaging so long as:
- You have consented (either expressly or by the fact that you have an existing business relationship)
- They properly identify themselves
- A functional opt out facility is provided in each communication
What is Spam?
Spam is unsolicited electronic commercial messages which are sent via SMS (also known as text), MMS or email.
I’ve received an unsolicited SMS, MMS or email
There may be a few reasons why you have received an unsolicited electronic communication (SMS, email, MMS). These might include:
- The electronic communication was sent by a company with whom you have an existing business relationship or where you have otherwise consented to receive electronic commercial messages form that organisation
- The electronic communication was a service message that didn’t promote any of the organisations goods, services or other offerings
- The electronic communication was sent by an exempt organisation such as a charity or an education institution
- The electronic communication was sent by a company in error
If you have an existing business relationship with an organisation, then under the Spam Act 2003 that organisation is permitted to send you electronic communications you until such time as you advise them that you don’t want to receive electronic communications. If you no longer want to receive electronic communications from that organisation contact them and advise them that you don’t want to receive any further electronic communications. They should accept and action your request within five days.
The Spam Act 2003 restricts the sending of commercial electronic messages that promote, advertise goods and services but does not cover service messages. Service messages include reminders to pay your bill and information about your service.
Some organisations are exempt from the requirements of the Spam Act 2003 that restricts the sending of commercial electronic communications. Exempt organisations include charities, political parties and educational institutions. If you no longer want to receive SMS or email from particular charities, political parties and educational institutions you should contact them and advise them that you don’t want to receive commercial electronic communications from them.
Many organisations, especially ADMA members, strive to comply with the law including the Spam Act 2003 however from time to time mistakes can be made. If you receive an unsolicited commercial electronic message from an organisation and you don’t have an existing business relationship with them and you haven’t opted in to receive electronic communications, you should contact the organisation and let them know that a problem has occurred alternatively you can report the matter to ADMA by emailing code@adma.com.au.
What are the environmental impacts of digital marketing?
Whilst electronic communications can have the potential to reduce the amount of paper you receive there are also some environmental issues that arise from the use of electronic equipment. E-waste contains harmful chemicals to the environment and human health including lead, mercury, cadmium, beryllium, polyvinyl chloride chromium, arsenic, antimony and Brominated Flame Retardants (BFRs).
It is therefore recommended that you dispose of any computers and mobile phones responsibly.
The Australian Mobile Telecommunications Association runs the Mobile Muster program which allows consumers to recycle mobile phones.
You should also contact your local council to find out how to recycle your computer and television.
For further information on how to reduce your environmental impact visit the Department of Climate Change’s website.
Cybersafety
The internet has increasingly become part of our daily life. It provides a way for us to connect and communicate with the outside world from within our own home. It can be educational and entertaining and can simplify the daily organisation of our lives.
These benefits come with risks and challenges and it is important that you and your family are protected. Securing your computer, being aware of the hazards and practising safe online behaviour are ways you can minimise your exposure to online risks.
There is an abundance of tools and materials available to Australian citizens about how to be cybersmart and there are specific age-specific materials for children of all age ranges to help them successfully navigate the Internet.
Safeguarding your privacy on Social Media websites
Social media sites such as Facebook, LinkedIn, Twitter, MySpace and Four Square some of the best evolutions in the uses of the Internet this last decade. These sites have revolutionised communications between individuals on a social level, making it easier to stay in contact with people who are near and dear, overseas or just next door. The social benefit from these sites is significant.
It is important however that individuals who use these sites bear in mind that some of these sites are hosted overseas and are therefore subject to different privacy laws than those that exist in Australia.
Regardless of whether you are dealing with a social media site or not, one of the best ways to ensure that you stay in control of your personal information is to always read the privacy policy or any specific terms and conditions of organisations that you provide or are about to privacy your personal details to.
In many cases the default setting for social media sites is that all information that you post on the site is public. This means that anyone in the world can access this information via the Internet. If you intend to retain your privacy settings as public then you may want to limit the amount of information you put on the site. For example, providing your full name, address and date of birth plus details of when you are likely to be away on holiday next would not be advisable.
Many social media sites have significant and robust privacy settings that individuals can access for free.
There are other social media sites where, because of the nature of the site all interactions are public, and can’t be set to private. In these cases consider very carefully what information you are going to put on this site and why.
To see a video of the potential consequences of not getting your social media settings right or posting personal information in a public space click here.
More about staying smart online
Tips for kids
All kids who have access to the internet should spend time on these websites:
In addition, there are some very important points that kids should know if they want to take advantage of great, kid-specific programs from Australian companies, examples of which include joining sport associations or interacting with websites that have been specifically developed for kids:
- Never give out your personal information without getting your mum, dad or guardian to say it's ok
- Parents/kids should only give out children’s personal information to trusted brands and websites that clearly specify the terms and conditions of the offer and provide clear information on the privacy policy of the firm
- Don’t give information out by following a link to a website of a brand that you recognise, always find the website yourself
Teenagers
Teenagers have slightly different cybersecurity needs to smaller children including:
- Securing your mobile phone
- Giving out information on social media sites
- Cyber-bullying
- Cyber-safety
The Stay Smart Online website includes a range of teenage specific resources including how to stay safe on social media networking sites as well as how to deal with cyber-bullying.
Parents
Protecting your children from harm is just as important online as in the real world. As a parent or carer, you can play an important role in helping children have safe and positive experiences online.
Here are the top tips for parents keeping their children safe online:
- Know what your children are doing online - make sure they know how to stay safe and encourage them to tell you if they come across anything suspicious or if anybody says or does something that makes them feel uncomfortable or threatened
- Get to know the technologies your children are using. This will help you understand the risks and to be able to talk to them about what they are doing online
- Discuss the risks with your children and agree on some rules for internet use. Post them clearly near your computer
- Tell your children if they are uncomfortable talking to you they can contact the Cybersmart Online Helpline
- Place the computer in a family area of the home - the family or living room, rather than a bedroom
- Install an internet content filter. This can be used to restrict what content is viewed and downloaded or the times when they can use the internet
- Make sure your children know not to share personal information or photos. This includes their full name, mailing address, telephone number, the name of their school, or any information that could allow someone to work out who they are and where they live unless you say it's OK
- Report inappropriate, harmful or criminal activities that occur online or via a mobile device to www.thinkuknow.org.au
- Report Offensive content to the Australian Communications and Media Authority (ACMA). You can do this by completing the relevant online form at www.acma.gov.au/hotline or by sending an email to online@acma.gov.au or phone 1800 880 176
Home internet users
There are a number of elements of cyber-safety and security that home internet users need to take into consideration these include:
- Securing your computer
- Securing your children
- Protecting yourself
- Securing your mobile phone
The Stay Smart Online website includes information specifically designed for you.
Small and medium business
Not protecting your customer information could have impact on the reputation of your business or the relationship you have wit your customers.
Practising online security is particularly important for home-based businesses which often share their computer resources with family members.
ADMA members
ADMA created e-commerce guidelines to assist ADMA members when developing online initiatives. This includes guidelines for when and how children’s information should be collected online.
These guidelines are currently being reviewed to make sure they are up-to-date.
Complaints
Consumers who have concerns about how marketing organisations are marketing online or collecting and using personal information online can contact ADMA by emailing code@adma.com.au or writing to Director, Corporate and Reguatory Affairs, ADMA, GPO Box 3895 SYDNEY NSW 2001.
Links
www.cybersmart.gov.au
www.thinkuknow.org.au
www.acma.gov.au/hotline
www.staysmartonline.gov.au/teens
www.cybersmart.gov.au/
