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Transcript
COMPLIANCE MATRIX MMA CATEGORY MMA “Notice” SOUTH AFRICA Notice is an easily understandable and quickly discoverable description of the terms and conditions of a marketing programme. Notice should include information sufficient to permit a user to make an informed decision about his/her choices on how that information is used for that marketing programme. Marketers must inform the user of a both the marketers’ identity or products and services offered and the key terms and conditions that govern an interaction between the marketer and the user’s mobile device. WASPA DMMA Members must not misrepresent themselves and must ensure Members must transparency in have honest and fair their dealings with dealings with their their customers customers. In (6.1). particular, pricing Members shall information for abide by the services must be consumer clearly and protection accurately provisions of the conveyed to ECT Act including customers and the publication of potential specific information customers. such as contact Members must details. Pricing make the terms and information must be conditions of any of clearly and their services accurately available to conveyed to customers customers. Ensure and potential that all advertising customers, on and promotional request. (4.1) documentation are fair and reasonable and do not mislead (8). DMASA Marketers must not misrepresent a product, service or marketing programme and must not mislead by statement or manner of demonstration or comparison. Audiovisual portrayal must accurately and fairly describe the product or service offered. Ensure that the general impression of the communication does not deceive by omission or commission. Marketing communications must be executed in a manner that is simple and easy to understand.(9). CPA POPI ECTA A supplier offering goods or Before concluding services for sale, an agreement or for hire or for transaction, a Any exchange by way supplier must communication for of an electronic disclose the the purpose of transaction must following direct marketing make the information to a must contain following consumer, in an details of the information appropriate identity of the available to manner, having sender or the consumers…. regard to the person on whose (list) including a manner in which behalf the sufficient the supplier and communication description of the consumer has been sent; as main communicate in well as contact characteristics of concluding the details to which the goods or transaction…(S33 the recipient may services ). Have regard for send a request offered by that the consumer’s that such supplier to enable right to information communications a consumer to in plain and cease (S66). make an informed understandable decision on the language (S22). proposed electronic transaction (S43). COMPLIANCE MATRIX MMA CATEGORY MMA “Choice & Consent” SOUTH AFRICA Mobile marketers respect the right of the user to control which mobile messages they receive. Obtain consent by means of an explicit opt-in from the user by recognized and legitimate method. Implement consent for each programme. Similarly, implement easy-touse opt-out process to allow users to stop receiving messages. How to opt-out explanations must be provided frequently. WASPA Customers may not automatically be subscribed to a subscription service without specifically opting in to that service (11.2). Any message originator must have a facility to allow the recipient to remove him/herself from the a direct marketing database, so as not to receive any further marketing messages. (5.1). DMMA DMASA Recognizing that a consumer can optout of receiving marketing communications at any time, marketers must present consumers, including current customers, an easy-to-see, easyto-understand and easy-to execute opportunity to decline further marketing, use of their name or other information at least once every three years (10.4) CPA POPI ECTA Any person who sends unsolicited The processing of commercial personal communications information of a to consumers data subject for must provide the the purpose of consumer with direct marketing the option to by means of cancel his or her automatic calling subscription to machines, the mailing list facsimile (S45). machines, SMSs You must have or electronic mail express written is prohibited permission for the unless the data collection, subject has given collation, his, her or its processing or consent to the disclosure of processing (S66). someone’s personal information.(S51). COMPLIANCE MATRIX MMA CATEGORY MMA “Customization & Constraint” SOUTH AFRICA Ensure that mobile marketing reflects broad customer expectations. User information collected should be used to tailor marketing to the appropriate interests of the user. Take reasonable steps to ensure that user information is handled responsibly, sensitively and in compliance with law. Target and limit mobile messages to that which the users have requested and that would provide value. Value may be delivered in product- and service enhancements, reminders, sweepstakes, contests, information, entertainment or discounts. WASPA Members must have honest and fair dealings with their customers. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential Customers (4). DMMA DMASA Communication with potential customers DMMA members should be factual, must provide honest, decent and relevant and informative, and effective digital should not violate marketing channels, any of the laws of solutions and the country. services to the Collection of South African personal marketplace. information shall be Members must not limited to that which misrepresent is necessary, themselves and adequate, relevant ensure and not excessive transparency in (10). Marketers their dealings with must promote their customers. Act responsible and fairly, reasonably, transparent professionally and personal in good faith (6). information management practices (8.1). CPA Refer Part E of the CPA (Sections 29 to 39) re the consumer’s right to fair and responsible marketing including General standards: Bait marketing; Negative option marketing; Direct marketing; Catalogue marketing; Trade coupons; Customer loyalty: Promotional competitions; Alternative work schemes; Referral selling etc. POPI Personal information may only be processed if a data subject consents to the processing; processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party etc. (S10). ECTA COMPLIANCE MATRIX SOUTH AFRICA “Security” MMA CATEGORY MMA WASPA DMMA Members must take reasonable measures to Members must prevent Mobile marketers respect the unauthorised or must implement constitutional right of unlawful access to, reasonable consumers to interception of, or technical, personal privacy interference with administrative and and privacy of data as contained in physical procedures communications; and the ECT Act; (6.1). to protect user must respect the Members shall information confidentiality of respect a collected in customers' personal customer’s right of connection with information and will privacy and privacy mobile marketing not sell or distribute of communications. programmes from such information to Members shall unauthorized use, any other party make reasonable alteration, without the explicit efforts to ensure disclosure, consent of the that their web distribution or customer, except site is secure and access. where required to do that customer’s so by law (4.2) private and personal information is secure (7.3). DMASA Personal information shall be protected by security safeguards appropriate to the sensitivity of the information and integrity of personal information (10). The DMA Code refers to the nine privacy principles in the Protection of Personal Information Bill. Marketers must display a privacy policy on their website. CPA POPI ECTA The marketer (responsible party) must have due regard to generally accepted information security practices and procedures which may apply, or professional rules and regulations (S18). Processing of personal information by someone on behalf of the marketer must be governed by a written contract to establish measures to ensure integrity of personal information (S20). The marketer (data controller) may not use a customer’s personal information for any other purpose than the disclosed purpose without express written permission., and may not disclose any of the personal information to a third party unless required by law; and must delete or destroy all personal information which has become obsolete. (S51). COMPLIANCE MATRIX MMA CATEGORY MMA WASPA “Enforcement & Accountability” SOUTH AFRICA The MMA expects its members to comply with the MMA Global Code of Conduct and has incorporated the Code into applicable MMA Guidelines as they apply to mobile marketers operating around the world, including the MMA Consumer Best Practices Guidelines, as applicable for certain national markets. Until such time as the Code can be enforced effectively by a 3rd party enforcement organization, mobile marketers are expected to use evaluations of their own practices to certify compliance with the Code. Any person may lodge a complaint against any WASPA member who, in the view of the complainant, has acted contrary to the provisions of the Code of Conduct (14.1). Some companies may be required to comply with the WASPA code by virtue of a contract with one or more network operators and/or WASP. In such cases, the Code shall be binding on those companies (1.6). DMMA DMASA CPA A person convicted of an Responsibility for offence in terms of observing the Code the CPA is liable rests primarily with to a fine or to DMMA members the individual imprisonment. or shall comply with companies who to both a fine and applicable sign an imprisonment legislation and acknowledgment of (S111). In addition judicial decisions compliance when to any other order that impact their joining DMASA. that it may make business. Members Members agree to under this Act or shall provide comply with the any other law, a adequate training to Code and to court considering their personnel to participate in a matter in terms comply with the DMASA's of this Act may Code (6). Complaint award damages Resolution against a supplier programme. for collective injury to all or a class of consumers (S76). POPI A data subject or the Regulator, may institute a civil action for damages in a court having jurisdiction against a responsible party for breach of any provision of this Act (S94). A person convicted of an offence in terms of this Act, is liable to a fine or imprisonment (S99). ECTA A person convicted of an offence in terms of the ECT is liable to a fine or imprisonment (S89).