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Marian J. Kostecki.
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Wydawnictwo Naukowe PWN. 2007. GRATIS >> ściągnij okładkę i zawartość
Marian J. Kostecki. Efektywność
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ICC International Code of Direct Marketing Practice
International Chamber of Commerce, Commission on Marketing, Advertising and Distribution, 25 September 1998
Introduction
This edition of the ICC International Code of Direct Marketing Practice follows the well-established policy of the ICC of promoting high standards of ethics in marketing via self-regulatory codes intended to complement the existing frameworks of national and international law.
Like its predecessor, the
1978 Code of Direct Mail, this Code, which was first issued in 1992, is an expression
of the business community's recognition of its social responsibilities in respect
of commercial activities and communications. The globalization of the world's
economies, and the intense competition that ensues therefrom, require the international business community to adopt standard
rules. The adoption of these self-disciplinary
rules is the best way that business leaders have of demonstrating that they
are motivated by a sense of social responsibility, particularly in light of
the increased liberalization of markets and the emergence of new media.
This edition combines past
experience with current thinking based on the concept of direct marketing as
a key factor in competition and communication, essential to the market economy.
In the view of the ICC, the Code establishes a fair balance between the interests
of all parties concerned - producers, distributors and consumers. The ICC considers
it to be fundamental and in the interest of society as a whole that business,
while observing the principles of fair competition, should be free to choose
between different marketing methods.
The Code is designed primarily
as an instrument for self-discipline, but it is also intended for use by legal
or administrative bodies as a reference document within the framework of applicable
laws.
The ICC believes that this
new edition of the Code will promote adherence to high standards of direct marketing
practice. Being a pointer to the direction of further international
harmonization,
it will facilitate the free flow of products across frontiers, leading to efficient
markets and significant consumer benefits.
Scope of the code
The Code applies to all
direct marketing activities in their entirety, whatever their form, medium or
content. It should be read in conjunction with the other ICC Codes of Marketing
Practice, namely the:
ICC International Code of Advertising Practice
ICC International Code on Environmental Advertising
ICC International Code of Sales Promotion
ICC International Code on Sponsorship
ICC/ESOMAR International Code of Marketing and Social Research Practice
ICC Revised Guidelines on Advertising and Marketing on the Internet
ICC International Code of Direct Sales Practice
The Code sets standards
of ethical conduct to be followed by all concerned with direct marketing, whether
as marketers or sellers, distributors, practitioners or other contractors providing
services for direct marketing purposes, or media, and is to be applied against
the background of the applicable law.
Interpretation
The Code is to be applied in the spirit as well as in the letter, bearing in mind the different degrees of knowledge, experience and discriminatory ability of those to whom direct marketing activities are directed.
Definitions
For the purposes of this Code, direct marketing comprises all communication activities with the
intention of offering goods or services or transmitting commercial messages
presented in any medium aimed at informing and/or soliciting a response from
the addressee, as well as any service directly related thereto.
the term consumer refers to any person to whom direct marketing is addressed or who can reasonably be expected to be reached by it;
the term data controller means the person or body responsible for the contents and/or use of the marketing file;
the term data subject means any identified or identifiable natural person;
the term Internet refers to the public network of computer networks which enables the transmission of information between users, or between users and a place on the network, as well as to all interactive media and electronic networks;
the term marketing list means a data base created or used for direct marketing purposes;
the term offer means any presentation or solicitation of goods or services;
the term operator refers to any person, firm or company other than the seller that provides a direct marketing service for and on behalf of the seller;
the term personal data means any information relating to an identified or identifiable individual;
the term predictive dialler means an automated dialler which will adjust the rate at which it dials and deliver answered telephone calls immediately to match operator availability;
the term preference service ["Robinson
List"] means the administration and operation of a suppression file
of consumers who have registered their wish not to receive unsolicited direct
marketing approaches, against which marketing lists are matched;
the term premium rate
number means a telephone/fax number to which a call is charged at a higher
rate than the standard telephone tariff;
the term processing
means any operation or set of operations which is applied to personal data;
the term product refers to any goods or services;
the term seller refers to any person, firm or company that offers and provides goods and/or services by direct marketing, either directly or through an operator;
The term tele-operator means either a seller or an operator using the telephone for direct marketing purposes;
the term third parties means any natural or legal person other than the data subject, the controller and any person authorized to process the data under the controller's authority or on his behalf.
General Requirements
Article 1. Basic principles
All direct marketing activities
should be legal, decent, honest and truthful.
Every direct marketing activity
should be carried out with a due sense of social responsibility and should conform
to principles of fair competition as generally accepted in business. Activities
should not appear to condone or incite violence, nor to encourage unlawful or
reprehensible behaviour.
No activity should be such
as to impair public confidence in direct marketing.
Article 2. Honesty
All direct marketing activities
should deal fairly with consumers. Activities should be so designed and conducted
to avoid giving ground for reasonable complaint.
Any factor likely to affect consumers' decisions should be communicated in such a way and at such a time
that the consumers can take it into account before accepting an offer or making
any other commitment.
The fulfilment of any obligation
arising from a direct marketing activity should be equitable, prompt and
efficient.
No direct marketing should
be represented to the consumer as being a form of marketing research.
Article 3. Children and young people
Direct marketing activities
addressed to children and young people should not exploit their credulity or
inexperience. No direct marketing activity should be undertaken which is likely
to harm children mentally, morally or physically, or to strain their sense of
loyalty vis-ŕ-vis their parents or guardians.
Sellers and operators offering products to children should:
identify material intended
only for adults;
encourage young children
to obtain their parent’s and/or guardian’s permission before the
children provide information, and make reasonable efforts to ensure that parental
consent has been given;
provide information to
parents and/or guardians about ways to protect their children’s privacy.
Communication of the message
Article 4. Decency and Suitability
Those using direct marketing
techniques should take particular care, given the variety of audiences, to ensure
that their messages will not be seen as indecent, offensive or inappropriate.
Such messages should conform to prevailing standards of decency.
Article 5. Transparency
Whenever information is
gathered for direct marketing purposes, this should be made clear to the relevant
consumers.
Whenever an offer is made,
all the commitments undertaken by the seller, the operator and the consumer
should be made clear to consumers, either directly or by reference to sales
conditions available to them at the time of the offer.
Print which by its size
or other visual characteristics is likely to affect substantially the legibility
and clarity of the offer should be avoided
Wherever appropriate a simple
statement of the essential points of the offer should be clearly displayed in
the promotional material. The scattering of essential points of the offer throughout
promotional material should be avoided.
Article 6. Presentation
1. The presentation of the
product should not contain any written, audio or visual element which directly
or by implication is likely to mislead consumers, in particular with regard
to such characteristics as nature, composition, method and date of manufacture,
range of use, efficiency and performance, quantity, commercial or geographical
origin and environmental impact.
When the presentation of
an offer includes illustration of products not included in the offer, or where
additional products need to be purchased for the consumer to be able to use
the product on offer, this should be made clear in the offer.
2. The terms of any offer
made should be clear, so that the consumer may know the exact nature of what
is being offered.
3. High-pressure tactics
which may be construed as harassment should not be used.
Any advertisements should
be framed in strict accordance with the ICC International Code of Advertising
Practice.
Article 7. Comparisons
The presentation of an offer
containing comparisons should be so designed that the comparison is not likely
to mislead, and should comply with the principles of fair competition and with
the protection of trade marks. Points of comparison should be based on facts
which can be substantiated and should not be unfairly selected.
Article 8. Testimonials
The presentation of the
offer should not contain or refer to any testimonial or endorsement unless it
is genuine, verifiable, relevant and based on personal experience or knowledge.
Testimonials or endorsements which have become obsolete or misleading through
passage of time should not be used.
Article 9. Guarantees
Offers may contain the word
"guarantee", "guaranteed", "warranty" or "warranted"
or words having the same meaning, only if the full terms of the guarantee as
well as the remedial action open to the purchaser are clearly set out in the
offer, or are available to the purchaser in writing. The name and address of
the guarantor and the duration of the guarantee should be clearly stated.
Article 10. After-sales service
When after-sales service
is offered, details of the service should be included in the guarantee or stated
elsewhere in the offer. If the consumer accepts the offer, information should
be given on how the consumer can activate the service and communicate with the
service agent.
Article 11. Identity of the seller
The Identity and details
of where the sellers and/or operators may be contacted should be given in the
offer, so as to enable the consumer to communicate directly and effectively
with them. At the time of delivery of the product, the seller's full name, address
and telephone number should be made available to the consumer.
Article 12. Unsolicited products
Neither the seller nor the
operator should deliver products for which payment is requested without having
first received an instruction for the supply of such products.
Offers that are likely to
be mistaken for bills, invoices or similar documents relating to unordered products
should not be made.
Article 13. Promotional incentives
Direct marketing which utilizes promotional incentives should conform with the relevant provisions of the ICC
International Code of Sales Promotion.
Article 14. Safety and health
Information provided with
the product should include proper directions for use and full instructions covering
health and safety warnings whenever necessary. The required health and safety
warnings should be made readily understood by the use of pictures, text or a
combination of both.
Goods and, where applicable,
samples should be packaged in such a way as to be suitable for delivery to the
customer - and possible return - in compliance with valid health and safety
norms.
Fulfilment
Article 15. Fulfilment of orders
Orders should be fulfilled within 30 days from the date the order is received from the consumer, unless
otherwise stipulated in the offer. Sellers or operators should inform the consumer
of any undue delay as soon as it becomes known to them. In such cases, any request
for cancellation of the order by the consumer should be granted, even when it
is not possible to prevent delivery, and the deposit, if any, should be refunded
immediately.
Article 16. Substitution of products
If a product becomes unavailable
for reasons beyond the control of the seller or the operator, another product
may not be supplied in its place unless the consumer is informed that it is
a substitution and unless such replacement product has materially the same or
better characteristics and qualities, and is supplied at the same or a lower
price. In such a case, an explanation of the substitution and of the right to
return the substitute product at the seller's cost should be given to the
consumer.
Article 17. Return of products
1. The cost of return of
faulty products damaged other than by the consumer is the responsibility of
the seller, provided notice is given by the consumer within a reasonable period
of time.
2. Sellers who undertake
to supply products to the consumer on "free examination", "free
trial", "free approval" and the like should clarify in the offer
who will bear the cost of returning such goods and should make the return as
simple as possible. Any time restriction for the return should be clearly
disclosed.
Credit and debt collection
Article 18. Prices and credit terms
Whether the offer is on
a cash or instalment basis, the price and terms of payment should be clearly
stated in the offer together with the nature of any additional charges (such
as postage, handling, taxes, etc.) and, when possible, the amounts of such
charges.
In the case of sales by instalment, the credit terms, including the amount of any deposit or payment
on account, the number, amount and periodicity of such instalments and the total
price compared with the cash price, if any, should be clearly shown in the
offer.
Any information needed by
the consumer to understand the cost, interest and terms of any other form of
credit should be specified either in the offer or when the credit is offered.
Unless the duration of the
offer and the price are clearly stated in the offer, prices should be maintained
for a reasonable period of time.
Article 19. Payment and debt collection
The procedure for payment
and debt collection should be such as to avoid undue inconvenience to the
consumer,
making due allowance for delays outside the consumer's control.
Debtors should not be approached
in an unreasonable manner and debt collection documents which might be confused
with official documents should not be used.
Costs of Communications
Article 20. Premium rates
1. When promoting a premium
rate number, such as an online message or telephone number, the seller or operator
should state that the number is a premium rate and what the rate is, either
as cost per minute or as cost per call. Sellers and operators should take particular
care to ensure that the consumer not be kept waiting an unreasonable time in
order to fulfil the purpose of the call.
2. When answering a call,
a seller or operator should always begin by informing the consumer that it is
a premium rate call. This should be done at the time the consumer is about to
access the message or online service.
Use of lists and databases
Article 21. Collection of data
1. When collecting personal
information from individuals, the seller and/or operator should ensure that
the data subject is aware of the following:
the identity of the data controller;
the purposes of the collection;
any intention to transfer the data to third parties.
The data subject can be
informed of this in the context of the collection, by a separate notice or
message, contract, or by adequate collective notices.
2. When it is not possible
to inform the data subject at the time of the collection, this should be done
as soon as possible thereafter.
Article 22. Use of data
Personal data collected in accordance with this Code shall be:
a) collected for specified and legitimate purposes and not used in any manner incompatible with these purposes;
b) adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed;
c) accurate and kept up to date;
d) preserved no longer than is required for the purpose for which the data were collected or further processed.
The data controllers should
take reasonable steps to ensure that their processors and third parties respect
the data protection principles of this Code. Sales agents of the data controller
are not considered third parties.
Article 23. Rights of the data subject
Appropriate measures should
be taken so as to enable consumers to exercise the following rights:
to opt out from marketing lists.
to require that their data are not made available to third parties.
to rectify incorrect data which are held on them.
Article 24. Preference services and suppression of data
1. Sellers and/or operators
should comply with the requests of data subjects that they not receive addressed
mail, commercial telephone calls, faxes, e-mails or other addressed online communications by means of a preference
service, in-house suppression file or by other means.
2. Names and other personal
information contained in preference service suppression files should be used
only to suppress matching information on promotional marketing lists which are
to be used for making unsolicited marketing approaches. Names found in preference
service lists should not be rented, sold or exchanged, except for suppression
purposes.
3. When faxing or e-mailing
or using any other form of online communication to consumers, particular care
should be taken to reduce to the minimum any inconvenience likely to be caused
by unwanted messages.
Article 25. Security of processing
Data controllers should
ensure that they employ adequate security measures, having regard to the sensitivity
of the information, to prevent unauthorized access or disclosure of the personal
data.
Data controllers should
satisfy themselves that any third party and/or processors they employ have adequate
security measures.
Article 26. Transborder transactions
Particular care should be
taken to maintain the data protection rights of the data subject when personal
data is transferred from the country in which it is collected to another country.
When data controllers have
processing conducted for them in another country, they should take all reasonable
steps to ensure that adequate security measures are observed and that the data
protection principles of this Code are respected. The use of the ICC model contract
covering agreements between the originator of the marketing list and the processor
or user in another country is recommended.
Unaddressed direct mail
Article 27. Respecting consumer wishes
Where a system has been
established to enable consumers to indicate their wish not to receive unaddressed
mail, this should be respected.
The telephone in direct marketing
Article 28. Content of the call
1. Outbound calls
When tele-operators call a consumer, they should promptly:
state the name of the seller they represent;
unambiguously state the purpose of the call;
politely terminate the call when it is apparent that the receiver of the call is not competent, or does not wish to take the call or is a child (unless the tele-operator receives permission from an appropriate adult to continue).
2. Inbound calls
When tele-operators receive calls from consumers, tele-operators should state the name of the seller they represent.
Article 29. Reasonable hours
Outbound calls should, unless
expressly otherwise requested, only be made during hours which are generally
regarded as reasonable for the recipient.
Article 30. Monitoring of conversations
The monitoring, including
taping, of telephone conversations made for telephone marketing purposes should
be conducted only with appropriate safeguards, in order to verify the content
of the call, to confirm a commercial transaction, for training purposes and
for quality control. Marketers should ensure that the tele-operator is aware
of monitoring; that, where practicable, the consumer is also aware of the possibility
of monitoring; and that any taped recorded conversations are not played to a
public audience without the knowledge of both parties.
Article 31. Unlisted numbers
Consumers with an unlisted
number should not knowingly be contacted for marketing purposes, other than
when the number is randomly picked for marketing research, and when the number
was supplied by the consumer to the sellers or operators.
Article 32. Use of automatic dialling equipment
Where a predictive dialler is used, when a tele-operator is unavailable to take the call generated by the dialler, the equipment should abandon the call and release the line in not more than one second.
Where other automatic dialling equipment is used, it may be used to contact a consumer only where the call is initially introduced by a tele-operator or where the consumer has previously agreed to receive such calls without tele-operator intervention.
Neither predictive dialler nor any other automatic dialling equipment may be used unless the equipment immediately disconnects when the consumer hangs up. Dialling equipment should release each time before connecting to another number.
Article 33. Online Communications
Sellers and/or operators
should respect the role of particular news groups, forums or bulletin boards
as public meeting places which may have rules and standards as to acceptable
commercial behaviour.
Sellers and/or operators
are encouraged to post their privacy policy statement online. Where such privacy
policy statements exist, they should be easy to find easy to use and comprehensible.
Sellers and/or operators
should make a suppression mechanism available to users who do not wish to receive
future online commercial solicitations. Unsolicited online addressed commercial
messages should be clearly identified as such and should clearly identify the
seller and or operator.
Responsibility, substantiation and implementation
Article 34. Respecting consumer wishes
1. The prime responsibility for all aspects of direct marketing activities, whatever their kind or content, always rests with the seller.
2. Those taking part in the planning, creation or execution of any direct marketing activity have a degree of responsibility commensurate with their position for ensuring the observance of the Code.
3. Thus in addition to the sellers the Code should be duly observed by:
operators or data controllers,
or their subcontractors, who contribute to the activity or communication;
publishers, medium-owners
or contractors who publish, transmit or distribute the offer or any other
communication.
Article 35. Rules apply to entirety of direct marketing communication
The rules of this Code embrace
the direct marketing communication in its entire content and form, including
testimonials, statements and visual presentations originating from other sources.
The fact that the content or form of the direct marketing communication originates
wholly or in part from other sources is not an excuse for non-observance of
the rules.
Article 36. Respect of self regulatory decisions
No seller, operator, publisher,
medium-owner or contractor should be party to the implementation of any direct
marketing activity or to the publication or distribution of any communication
which they know to have been found unacceptable by the appropriate self-regulatory
body or available dispute-resolution mechanisms.
Article 37. Effect of subsequent redress for contravention
While subsequent correction
and appropriate redress according to available dispute-resolution systems for
a contravention of the Code are desirable, they cannot excuse the original contravention of the Code.
Article 38. Substantiation
Substantiation of verifiable
facts needed to establish compliance of the direct marketing activity with the
Code should be available and be produced when called for by any appropriate
self-regulatory body.
Article 39. Implementation
This Code of self-discipline
should be applied and referred to nationally by bodies set up for that purpose,
and internationally by the ICC's International Council on Marketing Practice
as and when the need arises.
Document no 240/396 Rev.2 International Chamber of Commerce The World Business Organization
