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Summary
The Code of Conduct is divided into six categories: choice, control,
customization, consideration, constraint and confidentiality.
Choice
Consumers must opt-in to all mobile messaging programs. Consumers
may opt-in to a program by sending a text message, calling a voice response unit,
registering on a website, or through some other legitimate paper-based method;
they opt-in for a specific program only. Choice doesn't carry forward unless the
consumer is part of a brand loyalty program whose opt-in registration clearly
provides for on-going communications. Even then, the consumer's desire to participate
must be validated at the beginning of a new messaging program. Segmentation-based
marketing (by interests, demographics, etc.) and location-based marketing is prohibited
unless the consumer clearly opted-in to receive the campaigns by giving personally
identifiable information that is verifiable with their identity.
Control
Consumers must also be allowed to easily terminate -- opt-out --
their participation in an ongoing mobile messaging program through channels identical
to those through which they can opt-in to a given program. Programs with multiple
message strings must provide an opt-out option for each message.
Customization
As mobile messaging campaigns are most effective when appropriately
targeted, consumers could be asked to provide demographic, preferences and other
information. All "follow on" communications targeted at an existing opt-in universe
should be encouraged to use this data to optimize message volumes, redemption
rates, and return-on-investment -- plus restrict communications to those categories
specifically requested by the consumer.
Consideration
The consumer must receive and/or be offered something of value
to them in return for receiving the communication. Value may be delivered in the
form of product and service enhancements, reminders, sweepstakes, contests, information,
entertainment, discounts or location-based services.
Constraint
The marketer, content provider, or aggregator must provide a global
"throttling mechanism" capable of managing the number of messages received by
an individual consumer. The purpose of the throttle is to effectively manage and
limit mobile messaging programs to a reasonable number of programs, defaulted
to a maximum of 2 new campaigns per week (One campaign may have one initial opted-in
communication followed by several two-way communications initiated by the consumer
as part of that one campaign; ie a trivia game). Consumers will have the option
to override the throttle through an additional Opt-in available through the standard
channels.
Confidentiality
Align with TRUSTe with specific provisions on not renting, selling
or sharing personal information about consumers participating in programs delivered
through its platform with other people or nonaffiliated companies except to provide
the products and services requested. Aggregated, non-personal, non-individual
information might be shared collectively with partners for research purposes only
All customers should be subjected to the terms and conditions of a privacy policy
that meets TRUSTe's example.
The Mobile Marketing Code of Conduct is provided by the Mobile
Marketing Association. Please check the MMA website for updates.
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