Fair Conduct in Mobile Marketing

Scope

This section applies to members involved in marketing via mobile wireless technology (mobile marketing). This encompasses existing and emerging wireless technologies including but not limited to short message service (SMS), multimedia message service (MMS), wireless access protocol (WAP) and 3rd generation technology (3G).

Interpretation

For the purposes of this section, the following definitions apply:

• Location-based services: commercial communications targeted to a recipient dependant on their location
• Message originator: any company (including sole traders, partnerships, charities, government and political parties) which initiates a commercial communication to promote or supply its products or services
• A network provider will be defined as a message originator when sending his or her own commercial communications
• Recipient: any natural or legal person who receives a commercial communication

Mobile Marketing

Members that:

• Use mobile marketing as their sole or principle means of marketing, advertising or promoting their own goods or services, or
• Under a contract, agency or other arrangement provide services that assist other organizations in sending mobile marketing messages

Must comply with the Australian eMarketing Code of Practice.

Location-based Mobile Marketing

Members must only send location-based mobile marketing messages to Recipients that have given Express Consent to the receipt of such communications.

Subscription Services

When offering subscription services that are not charged at a premium rate, Members must clearly define the service offered.

Supply of subscription services may only commence subsequent to the message originator providing the individual with an opportunity to see or hear the terms and conditions relating to the subscription service, including:

• The cost per unit or the total cost of subscribing (inclusive of GST);
• the term of the subscription;
• the frequency of the subscription;
• payment intervals.

Express consent of the individual must be obtained by the message originator before supplying subscription services.

The message originator must obtain further express consent from the individual prior to supplying additional or separate services at a subsequent date.

Premium Rate

Members must ensure that the marketing and supply of premium rate mobile services  complies with the Telephone Information Services Standards Council (TISSC) Code of Practice.

Australian eMarketing Code of Practice and the Spam Act

ADMA members who:

• Use mobile marketing as their sole or principle means of marketing, advertising or promoting their own goods and services; or
• Under a contract, agency or other arrangement provide services that assist other organisations in sending mobile marketing messages

Must comply also with the Australian eMarketing Code of Practice.

Members that are not covered by the above must comply with the Spam Act 2003 when sending mobile marketing.