Annex I

BATELCO BULK SMS CODE OF CONDUCT

  • 1. Application & Purpose
    • 1.1 The purpose of this Code of Conduct is to discourage the sending of intrusive and offensive SMS Messages and to encourage the responsible use of SMS as a marketing medium.
    • 1.2 This Code of Conduct applies to all service provider customers of Batelco using Batelco's network to send Commercial SMS Messages to telephone users. By signing this Code of Conduct, the Customer agrees to be bound by, and to comply with, the terms of this Code of Conduct and the General Terms and Conditions available on the Service Website (Batelco Bulk SMS User Agreement).
  • 2. Identification of Service Provider
    • 2.1 The Customer shall include in its Commercial SMS Messages information which reasonably enables the Recipient to identify and contact the Customer.
  • 3. Recipient Consent
    • 3.1 The Customer shall not send Commercial SMS Messages to any Recipient unless:
      • (a) the Recipient has provided the Customer with prior consent to send Commercial SMS Messages; or
      • (b) the Recipient has a prior commercial relationship with the Customer and would reasonably expect to receive Commercial SMS Messages from the Customer.
  • 4. Right To 'Opt-Out'
    • 4.1 The Customer shall provide the Recipient with an "opt-out" mechanism by which the Recipient can at any stage notify the Customer not to send further Commercial SMS Messages to the Recipient. Such mechanism must be both easy to use and inexpensive.
      • For example, the Service Provider might include in its Commercial SMS Message an option for the Recipient to send the command "UNSUB " to the number 4000 whenever he/she wishes to 'opt out'.
    • 4.2 The Customer shall comply as soon as practicable with any notification it receives under section 4.1 and not send further Commercial SMS Messages to the Recipient unless and until the Recipient requests or consents to receiving further Commercial SMS Messages.
  • 5. SMS Content
    • 5.1 The Customer must ensure possessing all necessary licenses, permits, and other forms of authority and permissions necessary for the delivery of content sent via the Service. Any unauthorised commercial use of the Service is expressly prohibited.
    • 5.2 Any Commercial SMS Message inviting a response by means of calling a premium rate number shall include full details of the call charges.
    • 5.3 The Customer may not use the Service for any of the following purposes or in any of the following manners:
      • 5.3.1 Could infringe a law or regulation.
      • 5.3.2 Could reasonably be regarded as offensive to public morals, decency or sensibilities
      • 5.3.3 Use the Service in connection with chain letters, junk SMS messages, spamming, or any unsolicited messages (commercial or otherwise);
      • 5.3.4 Transmit or publishing unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The content shall not contain any statements, or images which are or may amount to racial or gender discrimination nor any statements or images of a sexual nature and will not constitute or encourage violation;
      • 5.3.5 Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity;
      • 5.3.6 Defame, insult, or slander any person or entity;
      • 5.3.7 Infringe upon any person's privacy rights; including but not limited to intercepting any communications not intended for the Customer;
      • 5.3.8 Collect information about recipients without their consent;
      • 5.3.9 Transmit any material that contains viruses, Trojan horses, worms, destructive materials or harmful computer code or any other harmful or deleterious programs;
      • 5.3.10 Interfere with or disrupt networks (Internet, mobile, or otherwise) connected to the Service or violate the regulations, policies or procedures of such networks;
      • 5.3.11 Create a false or forged identity, or otherwise attempt to mislead recipients as to the identity of the sender or the origin of the message;
      • 5.3.12 Engage in any activity that Batelco believes could subject it to criminal liability or civil penalty or judgment;
      • 5.3.13 Attempt to use the Service in connection with hacking, cracking, flaming or spoofing.
  • 6. Breaches of Code of Conduct
    • 6.1 If the Customer breaches any clause of this Code of Conduct, Batelco has the absolute right in its sole discretion to immediately suspend or terminate, without compensation, part or all of its SMS service to the Customer forthwith.
    • 6.2 Written reasons for such suspension or termination shall be provided promptly to the Customer.
  • 7. Complaints
    • 7.1 Should Batelco receive a complaint from any person or body concerning any Commercial SMS Message sent by the Customer, the Customer shall fully co-operate with Batelco to investigate and resolve such complaint without delay.
    • 7.2 Where Batelco believes it appropriate, the Customer shall take full responsibility for managing the response to the complaint. In such circumstances, the Customer shall provide regular updates to Batelco on the status of the complaint and provide such other information concerning the complaint as Batelco may from time to time request.
  • 8. Changes to Code of Conduct
    • 8.1 Batelco reserves the right to revise this Code of Conduct from time to time and such revision will come into effect on the date that Batelco issues the Customer with a revised version.
  • 9. Miscellaneous
    • 9.1 For the avoidance of doubt, Batelco shall not be monitoring the content of any Commercial SMS Messages sent by the Customer and Batelco shall not be responsible for the content of such messages.