- (a) in Australia: the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), any State or Territory acts and regulations applicable in the relevant State or Territory the business is located in and any binding privacy codes or policies applicable to certain businesses and industries
- (b) in New Zealand: the Privacy Act 2020 (NZ), the New Zealand Information Privacy Principles which form part of the Act, the Unsolicited Electronic Messages Act 2007 (NZ) and any acts and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them; and all applicable binding privacy codes or policies
- Consent: you must not send a commercial electronic message to an individual without the individual’s express or inferred consent.
- Unsubscribe link: a commercial electronic message must include a functional unsubscribe which is clearly worded. Example: “to stop receiving messages from us, reply “STOP”
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Identification and contact details: the authorised sender of a commercial electronic message must accurately identify itself as the authorised sender in all communications and provide correct contact details.
- If you authorise the sending of the message on behalf of an agency, you need to clearly and accurately identify your agency and include correct contact details for your agency. It should be clear that the contact details can be used to contact your agency. For example, where sending on behalf of your agency, you can refer to our Help Desk article on signatures for guidance on using the RiTA template signatures.
- Honouring unsubscribes: ensure you honour (within 5 business days) unsubscribes updated in your CRM from RiTA for all direct marketing from your agency.
Note: This article explains the compliance responsibilities for all communication materials that are sent to customers using RiTA, including communication sent through automated sign-offs
This article is for information only and should not be construed as specific advice or relied upon in lieu of appropriate professional advice. Cotality recommends that all users of the RiTA platform seek their own legal advice to ensure compliance with the laws applicable to their commercial communications and specific circumstances.
Businesses that send electronic messages to customers must comply with their legal obligations under the Australian and New Zealand privacy law framework, comprising:
(together, the Privacy Laws).
Cotality reminds all users of the RiTA platform that any messages sent to individuals via the platform must be compliant with the Privacy Laws and that an authorised sender (i.e. the author of the message) is responsible for ensuring compliance under law.
While RiTA messages are being sent by Cotality on your behalf using the RiTA platform, compliance with all statutory requirements remains your responsibility as the authorised sender.
As a matter of best practice, Cotality suggests authorised senders consider the following when sending messages via the RiTA platform:
To learn more, visit the ACMA website for Australia and Te Tari Taiwhenua Department of Internal Affairs website for New Zealand.
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