OZMEDIA SPAM POLICY
- Unsolicited commercial electronic messages must not be sent through the OZMEDIA system, except when using data and/or lists supplied by OZMEDIA for direct marketing purposes, such as via its Fax Broadcasting Database.
- Messages sent through the OZMEDIA system must include information about the individual or organisation who authorised the sending of the message, including the senders ABN number.
- Messages sent through the OZMEDIA system must contain a functional “unsubscribe” facility.
- Electronic address lists resulting from “address-harvesting” software must not be supplied, acquired, or used on the OZMEDIA system.
- OZMEDIA prohibits the use of the OZMEDIA system for the transmission of illegal material.
- You are responsible for your own messages, their content and their compliance with all applicable laws.
Unsolicited commercial electronic messages to NON-OZMEDIA Lists
Unsolicited messages are those which a party has not consented to be sent to them. To send messages through the OZMEDIA system, you must have the consent of the recipient to send the information, unless the data has been supplied directly by OZMEDIA specifically for fax marketing purposes.
Consent can be through the express consent of the recipient or through consent which has reasonably been inferred such as obtaining the address from a public source (e.g. a company’s web) where the contact has been conspicuously published, and no statement that the addressee does not want to receive unsolicited commercial information appears. (In addition, your message must apply to the work-related business, functions, duties of the employee, director, officer, partner, office-holder or self-employed individual to whom you are directing the message.)
If the recipient of your message does not fit one of the above categories, then OZMEDIA prohibits you from sending the information to that recipient. In particular, messages which fit any of the following purposes MUST have the consent of the recipient:
- to offer to supply goods, services or real property; or
- to advertise or promote goods, services or real property; or
- to advertise or promote a supplier, or prospective supplier, of goods, services or real property; or
- to offer to provide a business opportunity or investment opportunity; or
- to advertise or promote a business opportunity or investment opportunity; or
- to advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity.
You must comply with the SPAM Act (2003), which prohibit the transmission of certain unsolicited messages.
Identification of who is sending the message
Your message must clearly and accurately identify the individual or organisation that authorised the sending of the message. This includes:
- their name, logo (optional) and contact details; and
- accurate information about how the recipient can readily contact the individual or organization.
This information should be valid for at least 30 days after the message is sent.
Messages sent through the OZMEDIA system must contain a functional unsubscribe facility. This means that the message must have a statement that the recipient of the message may use an electronic address set out in the message to send an “unsubscribe message” to the individual or organisation who authorised the sending of the first message. An “unsubscribe message” is a message to the effect that the relevant electronic account holder does not want to receive any further commercial electronic messages from or authorized by that individual or organization.
In addition, OZMEDIA offers its own unsubscribe facility. A recipient of a message may also contact OZMEDIA to block any further messages being sent to that recipient through the OZMEDIA system.
Do Not Call Register
The Australian Do Not Call Register (DNCR) has been set up to stop telemarketing calls or faxes to numbers which appear on the DNCR. You are required to comply with the Do Not Call Register Act 2006, and as amended in 2010. If you are sending telemarketing voice or fax messages using numbers which you supply to OZMEDIA, then your list may need to be “washed” against the DNCR before you send your messages.
Key points of the legislation:
- You must not contact numbers that appear on the DNCR, unless you have permission (explicit or implicit) to use the numbers.
- There are limited exceptions, such as charities.
- You must not make calls outside of established hours.
- Businesses or Individuals who breach the Act can incur substantial pecuniary penalties.
- A website is available to “wash” your lists against the DNCR. You must register with the Australian Communications and Media Authority to perform washing of lists. Fees may apply based on the volume of your data.
See the following URL for more information regarding the Act and your responsibilities:
Electronic address lists resulting from “address-harvesting software” must not be supplied, acquired or used on the OZMEDIA system. “Address-harvesting software” means software that is specifically designed or marketed for use for:
- Searching the Internet for electronic addresses; and
- Collecting, compiling, capturing or otherwise harvesting those electronic addresses.
Address lists compiled through such means are almost always done without the concurrence of the addressee. Use of these addresses is one of the major contributors to “spamming” and is prohibited by OZMEDIA.
You may not transmit messages through the OZMEDIA system which contravene any Federal, State, or other applicable law.