Code

Terms and conditions

1.1. Mobile Marketing Code regarding advertising of goods and services via telecommunications networks (hereinafter referred to as “The Code”) defines the basic principles and conditions of marketing activities which involve goods and services promotion via telecommunications networks (hereinafter referred to as “Marketing event”).

1.2. Key principle of promoting goods and services through telecommunications networks is compliance with the current law of Ukraine, rights protection and legal interests of consumers. The relationship between business engaged in marketing activities, and consumers should be based on respect and mutual understanding.

1.3. The Code applies to advertisers, operators, telecommunications providers, content providers, and other companies engaged in promoting goods and services through telecommunication networks in Ukraine.

2. PURPOSE

The Code purpose is to define the principles, conditions and manner of goods and services advertising via telecommunication networks in Ukraine, as well as regulate relationship between consumers and companies engaged in marketing activities.

3. CONSUMER CHOICE AND REGISTRATION

3.1. Consumers selection and registration to participate in marketing activities must be clear, transparent and unambiguous and implemented through sending text messages (hereinafter – SMS), multimedia messages (hereinafter referred to as – MMS), web sites, phone calls (including line 0-800) or filing paper forms. Correct registration indicates consumer choice and acception of the terms of marketing efforts. Consumers can receive marketing information that applies only to goods and services of marketing activities in which user has registered, except in cases where sender is obliged to inform the consumer of goods, works and services in accordance with the current legislation of Ukraine. In case of consumer complaints, the entity that holds marketing event should properly verify consumers registration and stop sending of SMS, MMS and so on.

3.2. An entity that holds marketing event, can send to the consumer additional information of other goods, works and services not related to marketing activities, in which consumer has been registered, provided consumer preliminary expressed consent to receive such information.

4. NOTICE

4.1. In marketing events that carry out prize draw, the entity that organized event must inform the participant of the draw results in the same way that the participant has registered to take part in the event. Additionally, to ensure the efficiency and convenience, the entity that organized marketing event may use other ways of informing consumers. Draws results also should be placed on the website of marketing activities and/or company that provide it.

4.2. SMS text, which is sent within the marketing activities should be clear, comprehensible and include only accurate information, can not to be ambiguous and should not contain exaggerations, generalizations and inaccuracies.

4.3. In promotional material during the promotion shall specify exact information about the cost of registration in marketing activities. Cost must be marked in a special way (eg, different color, bigger or bolder text, etc.).

4.4. The sender of marketing messages must be easily recognizable by the name of the company/trademark in sender field and/or message text.

5. WITHDRAWAL marketing activities

5.1. The consumer has the right to opt out of receiving messages and information sent within marketing efforts. Consumer rights should be provided the technical possibility to be provided for the duration of marketing activities in the same way that the user registered in the event, in particular by sending relevant SMS. Universal SMS command to stop participating in marketing activities must be word “STOP” (can be written in Latin / Cyrillic, big / small letters etc). The consumer must receive confirmation of removal from the list of participants of marketing activities in the same way in which he was registered in it. Upon termination of participation in the consumer marketing activities should not receive any notification / information sent within marketing activities, including the current and next events.

5.2. The texts of marketing SMS and/or MMS should include customer support telephone number or website for more detailed information or stop of participation in marketing activities.

6. RESTRICTIONS

6.1. SMS messages should be sent only: Monday till Friday from 10:00 to 21:00 h. and from Saturday to Sunday from 10:00 to 19:00 hours. Company that provides marketing services, must see to it that the advertising messages / information is sent not more than once (1 time) every 2 (two) days if the consumer has not ordered a different frequency.

6.2. The entities that provides marketing services are prohibited to:

6.2.1. Distribute information of pornographic nature;

6.2.2. Distribute any form of information promoting war, national or religious hatred, violence by changing the constitutional order or territorial integrity of Ukraine; promoting fascism and neo-fascism; humiliate or offend a nation or individual on a national basis; promoting hatred, blasphemy, contempt of national and religious shrines; humiliating a person, manifesting of bullying on disability (injury) with the mentally ill, the elderly; promoteing ignorance, disrespect for parents; promoting drug addiction, substance abuse, alcoholism, smoking and other bad habits;

6.2.3. Distribute in any form of information political content relating, directly or indirectly, the election process, political agitation and propaganda and religious content, which can introduce consumers astray (such as miraculous and healing properties of products, etc.), and relates, directly or indirectly, religious agitation and propaganda.

6.3. Distribution in any form, media erotic nature, containing elements of violence and cruelty are permitted only subject to the limits set by the law.

6.4. When disseminating information entities engaged in marketing activities should indicate information about the organizer of marketing activities, technical partner, his name, address, and so on.

6.5. When disseminating information relating to tobacco or alcohol products (including alcoholic beverages), Information sexual / erotic, political and religious content, entities that carry out marketing activities, must comply with the requirements and limitations set by law Ukraine, including but not limited to:

6.5.1. Specify an information marketing event is only for adults;

6.5.2. When disseminating information relating to tobacco products do indication that the event is only for adults who smoke;

6.5.3. When disseminating information relating to alcohol and / or tobacco products to indicate information about the dangers of alcohol and tobacco;

6.6. Information relating to restrictions reservations about the content of the message should be stated clearly and explicitly allocated and / or separated from other text (eg, different color, bigger or bolder text, etc.).

7. CONFIDENTIALITY

Information about the user is restricted and can be given only in the manner and on the terms set by the law of Ukraine.