Glossary

ACCC means the Australian Competition and Consumer Commission.

ADMA means Australian Direct Marketing Association Limited (ACN 002 909 800) of Level 6, 50 Carrington Street, Sydney, New South Wales 2000.

Australian eMarketing Code of Practice shall mean the Code of Practice of that name registered with the Australian Communications Authority.

Automated dialing equipment shall mean any equipment capable of dialing a telephone number prior to a live operator being available to exclusively handle the call. This includes, but not limited to, predictive dialers, progressive dialers, power dialers, auto dialers, preview dialers, adaptive dialers and automatic dialers.

Board means the Board of Directors of ADMA.

Calling line identity means data generated by a telecommunications network which relates to the telecommunications service of the originating call.

Campaign means a course of action organised by a direct marketer and designed to induce the purchase of particular goods or services or the making of a donation.

Charity means any organisation undertaking or commissioning fundraising activities for a charitable purpose.

Continuing series of goods or services includes:

• Periodic distribution of distinct goods or services to a consumer; and
• Periodic distribution of goods or services to a consumer where the goods or services are not complete until the final installment is distributed

Code means the ADMA Code of Practice as amended from time to time

Code Authority is the authority established by the ADMA, consisting of:

• An independent Chairperson
• Two consumer representatives, being persons with special competence in consumer and industry matters; and
• Two industry representatives, being persons of good character and repute in the direct marketing industry

Consent means express or implied consent.

Consumer unless otherwise indicated, means a person acquiring goods or services:

• Where the price of those goods or services does not exceed $40 000; or
• Where, if the price of the goods or services does exceed $40 000, those goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption or, in the case of goods, the goods consisted of a commercial road vehicle and, in the case of goods, the person did not acquire the goods, or hold themselves out as acquiring the goods, for the purpose of resupply, or for the purpose of using them up or transforming them in trade or commerce, in the course of a process of production or manufacture or of repairing or treating other goods or fixtures on land

Consumer also includes a prospective consumer.

Contract solicitation means any form of communication, whether public or personalised, including all the elements necessary to enable the recipient to enter directly, or to offer to enter directly, into a contract that is intended to be negotiated and concluded through a means of communication at a distance.

Direct marketer means any individual or organisation that engages in direct marketing and includes a telemarketer. An employee, director or agent of a direct marketer shall also be considered a “direct marketer” for the purposes of the Code.

Direct marketing means the marketing of goods or services or the seeking of donations through means of communication at a distance where:

• Consumers are invited to respond using a means of communication at a distance; and
• It is intended that the goods or services be supplied under a contract negotiated through means of communication at a distance.

Email marketing communication means an electronic message containing advertising or promotional material which is sent using an Internet carriage service to an electronic address in connection with an email or instant messaging account.

eMarketing shall mean marketing messages sent by email, instant messaging or mobile wireless technology.

Express consent means an active step taken by an individual to indicate consent.

Fundraiser means a person, company, partnership or organisation which solicits donations from the public using a means of distance communication.

Individual includes an person acting in a business or personal capacity.

Inferred consent means consent that can be reasonably implied from:

• The conduct
• Business relationships; and
• Other relationships of the individual providing consent

List Warranty Register means the central database administered by ADMA of signed standard form undertakings of Member and non-Member organisations that personal information supplied and used for direct marketing purposes is compliant with the Privacy Act 1988 and the Spam Act 2003.

Location-based mobile marketing message means a marketing communication, sent by mobile wireless technology, that is  targeted to a recipient dependent on their location as determined by technology such as Global Positioning Systems (GPS).

Member means an organisation who is a Member of ADMA.

Minor the definition of ‘minor’ in any restricting legislation is to apply.

Model code means the direct marketing model code of practice endorsed by the Ministerial Council of Consumer Affairs in September 2003 and any amendment or replacement of that code.

Outbound telemarketing call means a telephone call initiated by a telemarketer or by an automatic dialer mechanism that is designed to induce the purchase of goods or services or the making of a donation to a charity or fundraising cause.

Personal Information is information or an opinion, whether true or not and whether recorded in material form or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.

Premium rate service is a telephony, fax or mobile wireless technology service charged at a premium to the normally accepted standard rate for that means of communications.

Regulator means any Federal or State law enforcement body.

Restricted goods or services means goods or services that are, by Australian Government, State or Territory legislation, prohibited from being sold to a particular class of person.

Statutory warranties includes statutory warranties and statutory conditions.

Suppression file means a file, maintained by the Member or by a third party on behalf of the Member, listing recipients who have indicated that they do not wish to receive further commercial communications from the Member.

Telemarketer means any individual or organisation that engages in telemarketing.

Telemarketing means all activities that relate directly or indirectly to direct marketing and which involve the use of a telephone, facsimile machine, or other consumer equipment connected to a telecommunications network to contact a consumer.

Third party contact means  personal contact information provided to a direct marketer by a third party organisation, including but not limited to, referrals and swapped, rented or purchased lists.

Third party marketer means any organisation or individual that carries out part or all of the direct marketing process on behalf of the direct marketer.

Unsolicited means a communications sent to a recipient:

• With whom the message originator does not have an ongoing commercial or contractual relationship; or
• That have not consented to the receipt of such communications