Best Practice Guidelines for Mobile Marketing

Mobile penetration in New Zealand is amongst the highest within OECD nations. The Unsolicited Electronic Messages Act came into being on 5 September 2007 and made permission-based eMarketing mandatory and enforceable.

New Zealand’s self regulating approach has allowed email marketing to evolve into a sophisticated and effective medium, despite the significant hindrance of SPAM. Marketers should promote the use of mobile technologies in a similarly responsible, ethical way to ensure their longevity as a marketing channel.

When engaging in mobile marketing, the Marketing Association recommends the following guidelines to be in legal compliance and to provide a best practice experience for consumers.

These guidelines are intended be read in conjunction with the Marketing Association’s Codes of Practice.

The Marketing Association’s eMarketing Network (eMN) champions the adoption of industry-wide standards of best practice and ethical conduct regarding the use of mobile channels for marketing purposes. We believe this will promote consumer confidence and ensure that proper account is taken of consumers’ right to privacy.

This document outlines guiding principles for mobile marketing in New Zealand and is complementary to the Unsolicited Electronic Messages Act 2007 (UEM). By adopting the principles outlined in this document, marketers will be recognised as ethical – in intent, in principle and in action. This document will be reviewed on a regular basis in the light of developments internationally and locally.

Definitions

• Consent (Express): An active step taken by an individual to indicate consent.
• Consent (Inferred): Consent may be inferred from the conduct and the business of the persons concerned.
• Consent (Deemed): Consent may be deemed when a number is conspicuously published in a business or official capacity, and the message is relevant to that business or official capacity.

For full definitions of ‘Consent’ under the Unsolicited Electronic Messages Act refer to the web link below.

Location Based Services

Commercial communications targeted to a recipient dependent on their location

Mobile Marketing

Commercial messages sent via mobile wireless technology including, but not limited to text messages (SMS), mobile content (MMS) and Location-Based Services.

MMS

Multimedia Message Service e.g. pictures, ringtones, video and text. Marketers can both send and receive media via MMS.

Premium Rate Service

A mobile wireless service charged at a premium to the normally accepted standard rate for that means of communication.

SMS

Short Message Service (e.g. text message). Marketers can both send and receive text messages via SMS. Single messages are limited to 160 characters in length. Longer messages may be sent in parts.

Subscribe

The act by which people willingly provide their mobile number for inclusion on a distribution list.

UEM Act

Unsolicited Electronic Messages Act 2007 – refer to:

• http://www.legislation.govt.nz/act/public/2007/0007/latest/DLM405134.html

5 Guiding Principles for Mobile Marketing

The Marketing Association’s eMarketing Network have designed the following Guiding Principles for Mobile Marketing. Each of the principles complements the next and should be taken into consideration as a collective entity. In brief they are:

1. The recipient must have given their permission
   • the method of gaining consent should be clear
   • the permission should be specific to mobile
2. Subscribers must be provided with a functional method of unsubscribing, which:
   • must not incur cost
   • must take effect within 5 working days
   • should be simple e.g. “Reply STOP to unsubscribe”
   • must be available in the same method of communication as the original message
3. The message must clearly identify the sender:
   • including a method by which the sender’s name and how they may be contacted are made available e.g. via a link to a web page containing this information or inclusion of a free phone number
4. Full terms and conditions must be identified when marketing Premium services
   • the message should contain sufficient information about
     • cost
     • term of service
     • frequency of service
     • payment method and payment intervals
   • the premium service should also provide a simple unsubscribe mechanism
   • content should meet community standards i.e. be consistent with other media
5. Express permission is required to use location-based services
   • location-based information should be used only where express permission to do so has been provided by the recipient

Mobile marketing must abide by:

• Unsolicited Electronic Messages Act 2007
• Consumer Guarantees Act 1993
• Privacy Act 1993
• Fair Trading Act 1986
• Telecommunications Act 1987
• Marketing Association Code of Practice
• Advertising Standards Authority Codes of Practice