Overview of DMASA Code€¦ · Web viewIf a marketer has provided any free product or service (included an information service) to a person, they may regard the person as their

DMASA Codeon Principled MarketingA Code for Direct Marketers in South Africa

Version 14.0.0Date last revised: June 2018

For revision history see https://www.dmasa.org/

DMASA Code on Principled Marketing™© Copyright 2018. Direct Marketing Association of Southern Africa NPC (DMASA). All rights reserved.

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Overview of DMASA Code

IntroductionOutcomes (why)Principles (how)Rules (what)Who must complyWhen does this Code applyQuestions?Copyright and trademarks

Outcome: Growth createdManage relationships with others

Principle 1: Marketers should manage their relationship with others (including suppliers, contractors and employees) to ensure a mutually beneficial relationship that is sustainable and that avoids disputes.

Understand the demandPrinciple 2: Marketers should always seek to understand 1 their target market so that they develop suitable offerings that add value, support a free market economy and provide access to products or services .

Process information responsiblyPrinciple 3: Marketers should process all information (including personal information) responsibly in accordance with all applicable laws, rules, Codes and standards.

Practice good governancePrinciple 4: Marketers should practice good governance in all its forms, including corporate, IT and information governance.

Outcome: Value receivedDefine the target

Principle 5: Marketers should clearly define the target for each type of product or service.

Use the right channelPrinciple 6: Marketers should always try to choose the right channel (or means) to market to a person.

Obtain consent where necessary and possiblePrinciple 7: Marketers should try to obtain consent if it is reasonable practicable in the circumstances, especially when the law requires it.

Adopt good universal practicesPrinciple 8: Marketers should adopt good universally accepted marketing practices, especially those that are mandatory by law.

Outcome: Consumers respectedExclude those who are disinterested

Principle 9: Marketers should always try to exclude those who are disinterested and not market to them in the first place.

1 For example, using surveys and profiling.DMASA Code on Principled Marketing

© Copyright 2018. DMASA. All rights reserved.

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Allow consumers to opt outPrinciple 10: Marketers should allow existing consumers to opt-out from receiving communication.

Use appropriate toolsPrinciple 11: Marketers should always use appropriate tools to market, especially when communicating digitally.

Protect childrenPrinciple 12: Marketers must protect children and act in their best interests at all times.

Outcome: Disputes resolvedTry to resolve disputes themselves

Principle 13: Marketers should always first try to resolve any dispute that arises between themselves and another person.

Agree to mediation by the DMASAPrinciple 14: Marketers should agree to the DMASA mediating any dispute that a complainant refers to the DMASA.

Submit to the relevant regulatory authorityPrinciple 15: If mediation fails, marketers should submit to the jurisdiction of the relevant regulatory authority.

Learn and always strive to improvePrinciple 16: Marketers should always learn from complaints and disputes, and strive to continuously improve.

Annexures

List of direct marketing lawsLaws directly related to direct marketing (must comply)

Constitution of the Republic of South Africa of 1996Consumer Protection Act 68 of 2008Protection of Personal Information Act 4 of 2013 (POPIA)Electronic Communications and Transactions Act (ECTA) 25 of 2002Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 70 of 2002

Laws indirectly related to direct marketing (must comply)Cybercrimes and Cybersecurity BillNational Credit Act 34 of 2005National Credit Amendment Act 19 of 2014The Protection from Harassment Act 17 of 2011Unfair Discrimination and Promotion of Equality Act

Codes related to direct marketingKing IV Code TM and King IV Report on Corporate Governance TM

International laws

Overlap matrix

Glossary of terms

DMASA Code on Principled Marketing© Copyright 2018. DMASA. All rights reserved.

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Overview of DMASA Code

PrinciplesThey embody the aspirations of the journey towards principled marketing. They guide organisations on what they should strive to achieve through principled marketing.

RulesThey support and give effect to the principles.

OutcomesThese are the benefits that organisations and consumers could realise through principled marketing.

Principle 1: Marketers should manage the relationship with others (including their clients, contractors and employees) to ensure a mutually beneficial relationship that is sustainable and that avoids disputes.

Outcome 1:Economic growth, including improved

access to products and services

Principle 2: Marketers should always seek to understand consumers so that they develop suitable offerings that provide value with the consumer in mind and support a free market economy.

Principle 3: Marketers should process all information (including personal information) responsibly in accordance with all applicable laws, rules, Codes and standards.

Principle 4: Marketers should practice good governance in all its forms including corporate, IT and information governance.

Principle 5: Marketers should define the people who they are targeting for each type of product or service.

Outcome 2:Value received

Principle 6: Marketers should always try to choose the most appropriate channel (or means) to market to a person.

Principle 7: Marketers should try to obtain the consent of people if it is possible in the circumstances, especially when the law requires it.

Principle 8: Marketers should adopt good, universally accepted marketing practices, over and above those that are required by law.

Principle 9: Marketers should always try to exclude disinterested people and not market to

Outcome 3:Consumers respected


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them in the first place.

Principle 10: Marketers should allow existing consumers to opt-out of receiving ongoing marketing communications.

Principle 11: Marketers should always use appropriate tools to market to people.

Principle 12: Marketers must protect children and act in their best interests at all times.

Principle 13: Marketers must always try to promptly resolve any dispute that arises between themselves and a consumer.

Outcome 4:Disputes efficiently

resolved

Principle 14: Marketers should agree that any dispute a complainant refers to the DMASA may be mediated by the DMASA.

Principle 15: If mediation fails, marketers should submit to the jurisdiction of the relevant regulatory authority.

Principle 16: Marketers should always learn from complaints and disputes, and strive to continuously improve.


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IntroductionThis Code ensures principled direct marketing by marketers. It applies only to direct marketing and not marketing in general. In essence, direct marketing is a communication that is directed to a particular consumer for the purposes of promoting products or services (and includes fundraising).

This Code also aims to stimulate economic growth through the development of marketers. In this regard, direct marketing facilitates improved access to products and services, particularly for those sectors of society that were previously marginalised, whilst at the same time providing businesses with practical and cost-effective marketing tools. The industry employs tens of thousands of people, including the youth, whose only opportunity to gain formal work experience is in direct marketing businesses. The DMASA aims to grow the industry and, in the process, further improve access to products and services as well as create jobs.

The industry accordingly plays a critical role in the South African economy and we wish to support the ongoing development of the data driven economy. It is important to note that the Code has been developed specifically for South Africa taking its unique economic and social circumstances into account. As a developing country, South Africa needs to prioritise economic growth if we ever hope to eliminate inequality in our society. With this in mind this Code seeks to strike a balance between consumer rights and economic development.

This Code seeks to achieve four key outcomes. There are four principles under each outcome and multiple rules under each principle. This Code is intended to be technology neutral and should be interpreted with the advancement of technology in mind.

Outcomes (why)These are the benefits that organisations and consumers could realise through principled marketing. These are the outcomes or what this Code seeks to achieve.

Principles (how)They embody the aspirations of the journey towards principled marketing. They guide organisations on what they should strive to achieve through principled marketing. In POPIA principles are called conditions. In the matrix, we map the principles in this Code to the conditions of POPIA and the principles in the CPA.

Rules (what)They support and give effect to the principles.


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Who must complyAll members of the DMASA must comply with this Code. All marketers should consider adhering to this Code when engaging in direct marketing. On both the supply and demand side a person could be either a natural person and a juristic person, and therefore this Code applies in both a B2C and B2B context.

Supply side Demand side

When does this Code applyInsofar as consumer protection is concerned, marketers must comply from the date the Code is approved by the DMASA. When it comes to data protection, marketers should consider adhering to it before the end of the POPIA grace period, and must comply after the end of the grace period.


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The commencement date of POPIA is currently unknown and this Code will be updated once the President announces the date. The CPA and PAIA have been in effect for many years. Section 45 of the ECTA (which is relevant to direct marketing) will be repealed by POPIA.

Questions?If you have any questions with regard to the interpretation or application of this Code, please contact us at https://www.dmasa.org/contact.

Copyright and trademarksThe Direct Marketing Association of South Africa (DMASA) owns all copyright, rights and title in the DMASA Code. When referencing this DMASA Code, please refer to it as the DMASA Code or the DMASA Code on Principled Marketing. Please always include a link back to the DMASA Code. The DMASA owns various trademarks in relation to the DMASA Code (including DMASA Code on Principled Marketing™ and DMASA Code™). All of the DMASA’s rights are reserved.


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Outcome: Growth createdThe outcome we desire is that there is economic growth, development for marketers leading to the creation of jobs and the development of business. We wish to support and develop the data driven economy which has the potential to create jobs and improve access to products and services.

Manage relationships with others

Principle 1: Marketers should manage their relationship with others (including suppliers, contractors and employees) to ensure a mutually beneficial relationship that is sustainable and that avoids disputes.

1. Marketers who market on behalf of a supplier2 must enter into a written contract with their supplier that is in plain and understandable language3. The contract must clearly record the rights and responsibilities of the parties and must deal with the issues that any applicable law requires4. The contract must record the role that the marketer plays in a data protection context5.

2. Marketers must outsource and employ responsibly. Marketers who are operators for suppliers must enter into a written contract with their sub-operators that is similar to the contract with their responsible parties. Marketers must enter into written confidentiality contracts with all contractors and employees and make them aware of their legal responsibilities, for example under POPIA.

3. Marketers must not share personal information with unauthorised third parties when they process personal information as an operator for a responsible party.

Understand the demand

Principle 2: Marketers should always seek to understand6 their target market so that they develop suitable offerings that add value, support a free market economy and provide access to products or services.

4. Marketers should conduct surveys to understand what consumers require. It is important that marketers offer products or services that are suitable and meet the demand.

2 This could be a member who is not a supplier.3 The DMASA may provide a template from time to time.4 For example, data protection law requires the parties to agree security measures (Section 21 of POPIA).5 For example, is the marketer performing the role of a responsible party or an operator?6 For example, using surveys and profiling.


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5. Marketers must develop offerings that meet the demand for everyone in South Africa (including the poor).

6. Marketers must support a free market economy, giving consumers a choice between different products or services.

Process information responsibly

Principle 3: Marketers should process all information (including personal information) responsibly in accordance with all applicable laws, rules, Codes and standards.

7. Marketers must always do what is reasonably practicable to protect personal information.

8. Marketers must secure all information in their possession, especially personal information.

9. Marketers must not process personal information that is irrelevant to their activities.10. Marketers must only share data with third parties7 if it is lawful to do so and must

conclude a written contract8 regulating what the third party may do with the data. 11. Marketers must conclude a written contract9 with each person from whom it receives

personal information10. 12. Marketers must separate the following two activities when it comes to the purpose of

direct marketing, and treat them separately. Both must be lawful at the time that the processing takes place, including complying with the conditions for lawful processing.

a. Processing personal information for the purpose of direct marketing.b. Communicating with a data subject for the purpose of direct marketing.

13. Marketers must comply with their legal obligations when collecting data from data subjects, including making disclosures and obtaining consent if necessary.

14. Marketers must pay particular attention to how they process big data and must always apply the data protection conditions when deciding how to use big data.

15. Marketers must put a cookie notice on any of their websites that use cookies.

Practice good governance

Principle 4: Marketers should practice good governance in all its forms, including corporate, IT and information governance.

16. Marketers must identify who their current default information officer11 is and consider whether they are the appropriate person to perform the responsibilities of the role12. If

7 For example, where a marketer sells a list of consumers for a fee.8 The DMASA may provide a template from time to time.9 The DMASA may provide a template from time to time.10 For example, where a marketer buys a list of consumers from a third party. 11 Normally the MD or CEO.12 See section x of POPIA.


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not, marketers must delegate the responsibility to the appropriate person in writing so that the person understands their role.

17. Marketers should consider applying the governance principles in the King IV CodeTM13 in their organisation, with specific reference to the governance of technology and information and compliance.

13 The trademark is owned by the Institute of Directors in Southern Africa NPC.DMASA Code on Principled Marketing


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Outcome: Value receivedThe outcome we desire is that consumers receive value and benefit from access to products and services that are suitable for them and reflect their preferences. Marketers reach those who are interested in the products or services being offered. Consumers have a greater choice and consumer trust and confidence in the market is increased.

Define the target

Principle 5: Marketers should clearly define the target for each type of product or service.

1. Marketers must ensure they can segment lists into those who are either customers or prospects. Marketers may need to add fields to their database if necessary.

2. Marketers should, through profiling, determine what products or services are suitable for consumers but this must be done both lawfully and ethically.

3. Marketers should try to only market products or services to a person that they know the specific person might be interested in. Marketers should use advanced data analytics to define the target.

Use the right channel

Principle 6: Marketers should always try to choose the right channel (or means) to market to a person.

4. Marketers must draw a distinction between electronic or digital means14, and physical or non-digital means15. And always know which means they are using.

5. Marketers must adhere to any specific rules that the DMASA may develop for any specific channel (or means) from time to time16. Marketers must consider these specific rules to be part of this Code.

Obtain consent where necessary and possible

Principle 7: Marketers should try to obtain consent if it is reasonable practicable in the circumstances, especially when the law requires it.

14 Like email, SMS, IM, push notifications or automatic calling machines.15 Like postal mail and outbound person to person telephone calls.16 These will be published on the DMASA website.


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6. Marketers must determine when they need to get consent from consumers. As a general rule, if marketers are going to send electronic or digital direct marketing communications to a prospect, they must get consent first. Marketers can only send one communication to try to obtain a consumer’s consent. In some instances, marketers might decide to obtain consent even where the law does not require it.

Communication for direct marketing by:

To prospect To customer

Electronic or digital means(like email, SMS, IM, push notifications or automatic calling machines)

Opt-in Opt-out

Physical or non-digital means(like postal mail and outbound person to person telephone calls)

Opt-out Opt-out

7. Marketers must draft any communication to be sent to a consumer (especially a prospect) asking them to opt-in, in a way that complies with applicable laws, is transparent and enables the consumer to decide whether they want to opt-in.

8. Marketers must draft marketing consents by taking all applicable laws and guidelines17 into account but this must be considered within the context of the specific consumers who are being marketed to.

9. If a marketer has sent a direct electronic communication to a consumer before the end of the POPIA grace period and the consumer has not opted out of receiving further communications, the marketer may regard the consumer as having opted in.

10. If a marketer has provided any free product or service (included an information service) to a person, they may regard the person as their customer. If a marketer does not provide any product or service to a person but obtains their personal information in the context of it (in any related way), the marketer may regard the person as a customer.

11. A marketer may regard a pre-ticked box or a consumer’s silence, inactivity or not opting out as consent (when consent is required)18.

17 A very useful document to refer to is the Board’s Guidelines on consent under the GDPR (revised and adopted on 10 April 2018). http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623051 18 An expression of will can be by way of inaction.


http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623051

http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=623051

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Adopt good universal practices

Principle 8: Marketers should adopt good universally accepted marketing practices, especially those that are mandatory by law19.

12. Marketers must communicate the supplier’s offer clearly and accurately.13. All information must be in plain and understandable language, including disclosure of

the price of products and services as well as an accurate trade description. Marketers must be open and transparent about marketing activities, the name of their organisation and who it is targeted at.

14. Marketers must ensure there is a lawful reason for processing of personal information. There are a number of alternatives that marketers can rely for direct marketing.

15. Marketers must respect the rights of those who have put their information on the DMASA Do Not Contact Service (opt out register), to protect their privacy and confidentiality. Marketers must regularly dedupe their lists and not market to anyone on the opt out register. Consumers have the right of access to their information.

16. Marketers must ensure that personal information is accurate and up to date. Marketers must ensure that security measures are in place to protect personal information processed for direct marketing purposes.

17. Marketers must make the actual person sending a mass (or bulk) email or SMS communication for direct marketing purposes complete a legal checklist20 before sending.

18. Marketers must ensure that any personal information which is transferred to another country is done so lawfully, in compliance with POPIA as well as the laws which apply in the foreign jurisdiction.

19. Marketers must be aware of the various circumstances under which consumers can cancel contracts, return goods under strict liability and automatic warranty of the supply chain. Voetstoots has been done away.

20. Marketers must not directly or indirectly treat any person differently than any other, in a manner that constitutes unfair discrimination on one or more grounds set out in section 9 of the Constitution21.

Outcome: Consumers respectedThe outcome we desire is that marketers leave those who are disinterested alone to reduce the nuisance that marketing can cause.

19 These practices are set out in various laws including FAIS, CPA, POPIA and others. 20 A legal checklist is a list of things to check to help ensure that applicable law is complied with. The DMASA may provide one from time to time.21 The DMASA may provide further guidance in this regard from time to time.


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Exclude those who are disinterested

Principle 9: Marketers should always try to exclude those who are disinterested and not market to them in the first place.

1. Marketers must always strive to have and maintain accurate information. 2. Marketers must always try to identify and exclude anyone who will not be interested

in the products or services that they are marketing. 3. Marketers must on a regular basis (and shortly before marketers communicate for

the purpose of direct marketing to a consumer or list) try to exclude as many people who are disinterested as possible by checking whether they have already opted out from receiving direct marketing. Marketers must ‘de dupe’22 against all applicable opt-out registers, including:a. their own internal registers, b. private opt-out or preference registers23, c. national, government or public opt-out registers24, and d. any other relevant registers.

Allow consumers to opt out

Principle 10: Marketers should allow existing consumers to opt-out from receiving communication.

4. Marketers must include an unsubscribe option in all direct marketing communications when the purpose of the communication is only direct marketing. The unsubscribe option may take a person to a webpage that allows the person to control their communication preferences.

5. Marketers must enable persons to easily opt-out and control their communication preferences. If a person opts out, a marketer may regard that as an opt out of the relevant specific channel only.

Use appropriate tools

Principle 11: Marketers should always use appropriate tools to market, especially when communicating digitally.

22 This means that marketers must check whether anyone they wish to market to appears on an opt-out register.23 For example, the DMASA do not contact register (South Africa specific).24 For example, the proposed national opt out register to be provided by the National Consumer Commission.


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6. Marketers must use appropriate tools (like mass mailers and CRMs) to market. This is especially true when sending bulk mass communications (like email and SMS) digitally.

7. Marketers must adopt the principles of “… by design and by default” when designing or selecting the most appropriate tools to use.

Protect children

Principle 12: Marketers must protect children25 and act in their best interests at all times.

8. Marketers must always check that the law authorizes them to process the personal information of children.

9. Marketers must recognise that not all marketing techniques are appropriate for children. In particular, marketers must:a. not portray content of a sexual or violent nature,b. use age-appropriate language,c. respect the guardian-child relationship and not encourage the child to exclude

guardians from a purchase decision,d. Not process a child’s personal information as a means of acquiring further

household information.10. Marketers must accurately describe the product or service especially when marketing

to children. Special care should be taken with describing if:a. extra items (e.g. batteries or paint) are needed,b. the product or service is part of a series and more than one purchase is

needed, c. results are shown graphically. Marketers must show what is reasonably

possible by an average child in the age range for which the product or service it intended.

11. Marketers must not knowingly accept an order from (or enter into a contract with) a child without a competent person’s express consent. Transactions with a child may not be legally enforceable against the child or their guardian.

25 Anyone under the age of 18 years.DMASA Code on Principled Marketing


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Outcome: Disputes resolvedThe outcome we desire is that we resolve disputes between a marketer and another person quickly and effectively.26

Try to resolve disputes themselves

Principle 13: Marketers should always first try to resolve any dispute that arises between themselves and another person.

1. Marketers must implement an appropriate complaints procedure that enables a person to complain about the way a marketer has direct marketed to them (including how they have processed their personal information).

2. Marketers must respond to any complaints they receive as quickly as possible (but at a minimum acknowledge the complaint within 24 business hours of receipt) and attempt to resolve the dispute through engagement and negotiation. Marketers should always attempt to record the resolution of the dispute in writing for evidentiary purposes.

3. Marketers should have an escalation procedure so that disputes can be escalated to the appropriate level.

4. If the marketer cannot resolve the dispute and the complainant is still unhappy, the marketer should refer the dispute to a senior executive.

Agree to mediation by the DMASA

Principle 14: Marketers should agree to the DMASA mediating any dispute that a complainant refers to the DMASA.

5. Marketers must notify complainant's of their right to refer the dispute to the DMASA for mediation.

6. Marketers must submit to mediation and it will be under the mediation rules of the DMASA27. The mediation will be conducted by the DMASA or a body nominated by it in writing.

7. Marketers may not withdraw from any mediation process without a senior executive first, and in good faith, trying to resolve any issue with the mediator. Mediation by the DMASA will not stop either party from access to a regulatory authority.

26 This Code does not address disputes between one marketer and another marketer.27 As published by the DMASA from time to time on the DMASA website.


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Submit to the relevant regulatory authority

Principle 15: If mediation fails, marketers should submit to the jurisdiction of the relevant regulatory authority28.

8. Marketers must notify complainants of their right to refer the dispute to the relevant regulatory authority. There are various regulatory authorities and everyone always has the option to approach (or complain) to them directly.

9. Marketers must enable regulatory authorities to contact them, cooperate with them and constructively engage with them to resolve disputes.

Learn and always strive to improve

Principle 16: Marketers should always learn from complaints and disputes, and strive to continuously improve.

10. Marketers must analyse each complaint or dispute and identify actions they can take to prevent the complaint or dispute from arising again.

11. Marketers should remember that feedback is the ‘food of champions’.

28 This includes the Information Regulator and the NCC. DMASA Code on Principled Marketing


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Annexures

List of direct marketing lawsLaws directly related to direct marketing (must comply)

Constitution of the Republic of South Africa of 1996

Description: Transcends all other South African legislation and serves as the yardstick by which the constitutionality of such other legislation is measured. If any statute (or common law provision) is in conflict with the Constitution, the statute or provision may be declared null and void by any competent court. Specifically deals with rights to privacy and access to information.View: http://www.saflii.org/za/legis/num_act/cotrosa1996423/

Consumer Protection Act 68 of 2008

Description: Regulates the relationship between suppliers of products or services, and their customers in many areas, including direct marketing.View: http://www.gov.za/sites/www.gov.za/files/32186_467_0.pdf

Protection of Personal Information Act 4 of 2013 (POPIA)

Description: POPIA sets the conditions for the lawful processing of personal information. Aimed at safeguarding a person’s personal information when it is processed by public and private bodies. The Act was gazetted on 26 November 2013, and it is now law. It will commence on a date to set by the President. View: http://www.justice.gov.za/legislation/acts/2013-004.pdf

Electronic Communications and Transactions Act (ECTA) 25 of 2002

Description: Wide legislation that regulates electronic communications and transactions in South Africa, domain names, cybercrime, provides functional equivalents for paper-based concepts (e.g. writing, original, signature) and more. Once POPIA commences sections of this Act will be repealed.

Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 70 of 2002

Description: Regulates monitoring and interception of communications in South Africa.View: http://www.justice.gov.za/legislation/acts/2002-070.pdf


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Laws indirectly related to direct marketing (must comply)

Cybercrimes and Cybersecurity Bill

Description: This bill aims to provide protection against cybercrime and improve the security of South Africa. The bill creates structures to deal with cyber security. It also consolidates South Africa’s cyber security laws into one place.View: https://www.michalsons.com/wp-content/uploads/2016/12/CyberCrimes-Bill-2017.pdfDiscussion Document: https://www.michalsons.com/wp-content/uploads/2016/12/CyberCrimes-Discussion-Document-2017.pdf

National Credit Act 34 of 2005

Description: Relevant to the receipt, compilation, retention or reporting of confidential information pertaining to a consumer and the protection of the confidentiality of that information. Section 68 of the Act prescribes what must be done in order to protect such confidentiality.View: http://www.justice.gov.za/mc/vnbp/act2005-034.pdf

National Credit Amendment Act 19 of 2014

Description: Amends the National Credit Act.View: http://www.saflii.org/za/legis/num_act/ncaa201419o2014g37665284.pdf

The Protection from Harassment Act 17 of 2011

Description: Victims of harassing behaviour online may ask a magistrate for a protection order. This can entail a directive to an electronic communications service provider (e.g. ISP) to provide information regarding the identity of the perpetrator. They may also lodge criminal complaints.View: http://www.justice.gov.za/legislation/acts/2011-017.pdf

Unfair Discrimination and Promotion of Equality Act

Description: This Act aims to prevent and prohibit unfair discrimination and harassment, to promote equality and eliminate unfair discrimination, to prevent and prohibit hate speech and related matters.View: http://www.justice.gov.za/legislation/acts/2000-004.pdf

Codes related to direct marketing Best practices or frameworks related to Direct Marketing – consider adhering to:


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King IV CodeTM and King IV Report on Corporate GovernanceTM

Description: South Africa’s Code on corporate governance, which also deals with IT Governance. King IV CodeTM was released on 1 November 2016. The Institute of Directors in Southern Africa NPC (IoDSA) owns the copyright to all four of the King reports or Codes on governance (including the latest version namely the King IV Report™) and owns various trademarks in relation to King IV (including King IV™, King IV Report™, King IV Report on Corporate Governance™ and King IV Code™). All of the IoDSA’s rights are reserved. All views are our own and we are not associated or endorsed in any way by the IoDSA.View: https://www.michalsons.com/wp-content/uploads/2016/11/King_IV_Report_Final.pdf

International lawsGDPR, PECR, DPA.


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Overlap matrixA copy of the overlap matrix is available on the DMASA website at https://www.dmasa.org/.


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Annexure 2

Glossary of terms(With an explanation in plain language to make marketing terms easy to read and understand.)

There are some terms used in the marketing industry you may not be familiar with. The definitions in this glossary should give you a general understanding of terms we use. They are not exact legal or technical definitions.

This glossary provides plain language explanations for some words or expressions that you might come across. It does not include all terms you will come across, but includes some of the terms you might find in our documents.

We may use a term differently in different situations, and its exact legal definition may be different.

Term (word or phrase) Explanation in plain language

big data Extremely large data sets that may be analysed computationally to reveal patterns, trends and associations, especially relating to human behaviour and interactions.

child Is a person under the age of 18. (Sometimes a child is called a minor. See the Children's Act 30 of 2005).

complaint A consumer may lodge a complaint if they are unhappy with direct marketing practices. We have a complaints procedure in place.

consent Defined in POPIA as any voluntary, specific and informedexpression of will where permission is given. Consent is sometimes referred to as an opt-in or opting in.

consumer A person who consumes products or services from a supplier. A consumer is defined in terms of the Consumer Protection Act. A consumer is different to a customer as mentioned in section 69 of POPIA.We use the term consumer as its defined in the Consumer Protection Act, which is essentially all natural persons and small and medium sized entities.

CPA The Consumer Protection Act.

customer A customer of a specific responsible party. Essentially, this is someone whose details a responsible party has obtained in the context of a product or a service. The responsible party can be either a member or a supplier. See Section 69 of POPIA.


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data subject Any person whose personal information is processed as defined in POPIA.

direct marketing Promoting products or services directly or indirectly to anyone, or asking for a donation. Direct marketing typically occurs via post, telephone, SMS, email, fax and AVR’s. It is defined in POPIA. It includes interactive marketing that reacts and changes based on the actions of individual customers and prospects.

DMASA The Direct Marketing Association of Southern Africa NPC.

DMASA Code The latest version of this DMASA Code of Conduct on Principled Marketing.

DMASA do not contact (DNC) list A list that the DMASA has compiled of consumers that must not be contacted for direct marketing purposes.

GDPR The General Data Protection Regulation. The GDPR is a new data protection law that the European Union has enacted that will apply to the whole of the EU, and to anyone marketing to EU citizens.

information officer The information officer is usually the chief executive officer or head of the organisation. Everyone has one by default. It is PAIA that determines who this person is. POPIA simply makes the same person responsible.

legal entity A juristic person like a company.

marketer Anyone who markets products or services to others. Marketers include both members and suppliers. A marketer does not have to also be the supplier. A marketer can market on behalf of a supplier.

member Members of the DMASA. The DMASA has different types of members within their organisation. Some members are also suppliers. Some members perform the role of an operator for suppliers and market on behalf of suppliers.

operator A person who processes personal information on behalf of someone else (the responsible party). In other parts of the world (like the EU) this person is referred to as the processor. An operator is defined in POPIA.

opt-in Agreement to receive direct marketing.

opt-out Request to not receive direct marketing.

PAIA The Promotion of Access to Information Act.


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person Any person. Includes a natural person who is otherwise known as an individual or human. Also includes a juristic or legal person which could be a company, close corporation or a body including the three tiers of government.

personal information Any information that identifies a person. Is defined in POPIA as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. It includes race, gender, sex, age, medical information, financial information, criminal or employment history, email address, physical address, telephone number, biometric information and more. In other parts of the world (like the EU) this is referred to as personal data.

POPIA The Protection of Personal Information Act. Some call it POPI or the POPI Act but the Information Regulator has asked us to call it POPIA.

processing It is basically doing anything with personal information. Processing is defined in POPIA.

products or services Some laws refer to goods rather than products. They are used as synonyms in this Code. Products include all forms of products or goods, including digital goods.

prospect A person who is not a customer of (or is not known by) a specific marketer. A person with whom a marketer does not have a relationship.

regulatory authority Is a body created by government to regulate a specific sector.

responsible party A person who decides why and how personal information must be processed. A responsible party is defined in POPIA.

sub-operator Is a person who processes personal information on behalf of the responsible party’s operator.

supplier Is the person who actually supplies the products or services. For example, a financial service provider or bank.Our definition of a supplier includes both a retailer and a supplier as they are defined in the CPA. They are also sometimes known as a product provider, and some (like members) will call them their client.From a data protection perspective, they usually perform the role of the responsible party.The supplier can be the person for whom a member direct markets.

warranty A kind of guarantee; a promise that a fact is true.


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written Includes writing on paper documents, text in electronic documents and, for our purposes, the use of verbal agreements, for example voice recordings.


Documents

Overview of DMASA Code€¦ · Web viewIf a marketer has provided any free product or service (included an information service) to a person, they may regard the person as their