Procedure

Approved by the Board UADM

2010 July 15t

Protocol #21/2

Processing of violations and impact on Mobile Marketing Code offenders

For the implementation of the principles defined by the Mobile Marketing Code (the “Code”) requires constant interaction with market participants. First of all, this review practices that already exist in the market of mobile marketing and provision of such practices assessment in terms of its compliance with the Code. This interaction raises many legal, technical and marketing issues. That is why it was necessary to formally regulate tai order to provide objective, legally justified consideration of complaints stvorytydanu procedure for dealing with breaches of the Code and the impact on offenders (the “Procedure”).

1. Terms and conditions
1.1. The procedure defines the way of receiving complaints, the interaction with consumer and Code offender and sanctions for violators of the Code.
1.2. Procedure and the Code apply to all of relations in the field of mobile marketing regardless of signing or not signing this subject Code.
1.3. Complaints and explanations from violators of the Code specifically established and conducted by the Commission under Mobile Marketing Section UADM (hereinafter referred to as the Commission). Decisions on complaints by a simple majority vote of all members.
1.4. The Commission consists of 11 representatives of the industry which have signed the Code. The Commission necessarily should include a representative of each mobile operator that signed the Code. The personal composition of the Commission approved by the Council on the proposal Head of Mobile Marketing section UDMA.

2. Complaint Procedure
2.1.
Background for complaint are violations of articles of the Code.
2.2. Any person that have had proof Code violations can report.
2.3. The complaint may be submitted by completing the appropriate form on sites www.mmcode.com.ua, http://www.dmdays.com.ua/mobile_section/report_abuse, on the Participants web sites and / or sending official written statement to UADM in shape, offered on the above mentioned websites.

3. Enforcement measures against violators CODE
3.1. To the violators of the Code in accordance with the Commission’s decision may apply the following sanctions:
* Notice public about companies spam marketing practice.
* Adding to “Black list” and a public recommendation not to cooperate with this company to other market players.
* Send the relevant authorities of the facts can be regarded as a violation of the Ukraines law.

4. Handling of complaints
4.1.
All operational tasks related to the complaint, such as specifying information on this complaint, informing the applicant of the status of its consideration of complaints, preparation of applications for the Commission for its decision, the organization of remote voting and eye meetings and other procedures in the processing of complaints laid coordinator for the project from UADM.
4.2. Complaint begins only after receipt of subscriber application in the form specified in paragraph 2.3. After receipt of the application project coordinator sends the caller to a specified e-mail or physical mail notification of acceptance of appeal for consideration.
4.3. After receiving complaints Project Coordinator inform the complaint of the Commission. The Commission discussed the complaint filed in the form of correspondence via email, phone or discussion on eye meetings. The Commission may require another subscriber information relating to the merits of the complaint. All decisions of the Commission issued a written protocol signed by Commission members.
4.4. For each complaint is an entry in the “Register of subscribers on breaches of the Code …” (the “Registry”). In the registry recorded the date and nature of the complaint, information about the caller and the person who allegedly violated the Code, a decision that was taken by the Commission on this complaint and the number of the protocol.
4.5. For each complaint the Commission should adopt the following decisions: 1) “whether there is a violation of the Code?” 2) “whether there is reason to believe a violation of the law of Ukraine?” 3) “means the impact applied to the company infringing the Code?”
4.6. On the Commission’s decision and the measures taken in accordance UADM project coordinator informs the subscriber, sending it to the specified e-mail or physical mail reply.
4.7. In the event of a negative answer to both questions PM 4.5. follow-up to this complaint terminated.
4.8. In the case of affirmative answer at least one question p.p.4.5. A person who has violated the Code is sent to the first letter of appeal. In this letter to inform UADM Code, the fact of the complaint caller asks to investigate these facts and to report on its results UADM within thirty calendar days of receipt of the first letter of appeal. In the event that the indicated violation actually occurred, the company asks for forgiveness subscriber and resort to measures to prevent violations of the Code in the future.
4.9. If the person has violated the Code recognized the violation, provided the caller apologized and has committed not to violate the Code in the future follow-up to this complaint terminated.
4.10. If the person has violated the Code does not recognize the infringement and did not provide a reasoned objection – the Commission re-examines the complaint and this makes the relevant decision on other possible means of influence on this company. Exposure means listed in paragraph 3.1.
4.11. If the person has violated the Code does not provide answers to received the first letter of appeal or recognizes the infringement, is not ready to apologize to the subscriber and to refrain from violations of the Code in the future, it sent another letter of appeal to the list of measures that can be applied Code to the offender in this case, and asking for forgiveness subscriber and resort to measures to prevent violations of the Code in the future. In the absence of adequate response from the person who violated the Code, within ten working days of receiving the second letter to appeal it used all the means of influence, sent a third letter of notice applicable to her interventions and the letter to the relevant authorities on behalf of UADM to conduct investigations to ensure compliance with current legislation Person Action Ukraine and to take appropriate measures against this person in case of violation of the law of Ukraine and both Code mobile marketing. The term “adequate response” means the fact of the return response from companies that violated the Code, with a clear position to take note of our complaint, conduct an internal audit of the case will continue to take measures to prevent such cases and respect for the principles of the Code.
4.12. In the case where there is a repeated violation of the Code a person who had done no earlier than one month after the examination of previous violations of the person who violated the Code immediately sent a second letter of appeal in accordance with p.p.4.9.
4.13. Where a person is first included in the “black list” is ready to take measures to prevent violations of the Code provides appropriate written guarantee, it will be excluded from the “black list”.
4.14.  Where a person has been blacklisted again it can be possible only if the relevant application and no violations of the Code for at least 6 months.