COMPLIANCE UPDATE (AUG 2013)
You may or may not be aware that there have been recent changes to legislation regarding both the Privacy and Do Not Call Acts. In order to assist you with compliance we are currently in discussions with ACMA, the body responsible for enforcing the legislation, to obtain an understanding of their guidelines. We will continue to advise you on an individual basis of any effect that this legislation may have on your existing member's database.
What we are able to pass on immediately are the requirements for compliance with the act for any new members joining your contact lists. It is essential that these requirements are enacted as soon as possible for new members to be compliant and therefore able to be contacted in the future. The legislation is explicit, that members signing up in a non compliant manner may not be contacted.
The following requirements are essential for compliance to the Acts.
- The sign up form must contain both the DNCR and Privacy Act clauses below.
- DNCR: “By providing your contact details you subscribe to receive future special offers, promotions plus information about special events from (Winery), and from our agents, until such time as you request us to stop. Should you wish to opt out at any time simply let us know by phone or email. We will provide you with appropriate contact details every time we contact you.”
- Privacy Act: “Your details remain yours and may only be shared with our agents for the purposes of communicating (Winery) offers only. They will NOT be sold or rented to any other companies.”
- Members must opt in by providing their details.
- Original signup forms (soft/hard copy) must be kept indefinitely should an audit be required.
- Forms should indicate where and when the member agreed to be contacted.
You may currently be complying with the above requirements and will therefore notice little change. However, if your forms do not comply you will need to have them updated as soon as possible. Here is an example template of an ideal sign up form approved by ADMA, the industry's governing body.
Should you have any questions regarding this, please contact Clayton Buffoni, Business Development Manager, on 02 8507 2654.