HKBN Support - Code of Practice for Telecommunications Service Contracts

Preamble

1. This Code of Practice (“CoP”) is issued by Hong Kong Broadband Network Limited for the purpose of providing guidance to staff in the use of person-to-person telephone calls for marketing activities.
2. The CoP applies to all person-to-person marketing calls to be made by staff of Hong Kong Broadband Network Limited.
3. Although the CoP is voluntary in nature, systematic procedures will be imposed to ensure the compliance of the CoP.
4. For the avoidance of doubt, nothing in this CoP shall absolve any person/company from the responsibility of complying with the Unsolicited Electronic Messages Ordinance, the Personal Data (Privacy) Ordinance or other applicable laws in Hong Kong.

Interpretations

5. In this CoP, unless the context otherwise requires -

   “called party” can be a member of the public, business or organisation.

   “calling line identification information” means telecommunications network information generated and transmitted by the calling party’s telecommunications network for the purpose of enabling the called party’s telecommunications network to identify the telephone number of the calling party;

   “marketing” means promoting or advertising goods, services, facilities, land, business opportunity or investment opportunity but excluding selling and promoting activities relating to service contract renewal.

   “organisation” includes—
   (a) a Hong Kong company;
   (b) any other company or body corporate, wherever incorporated or otherwise established; and
   (c) a partnership or other unincorporated body of persons, whether formed or established in Hong Kong or elsewhere;

   “principal” means an individual or organisation who has authorised the making of person-to-person marketing calls;

   “telemarketer” means:
   (a) an individual or organisation engaged in the practice of marketing via person-to-person marketing calls;
   (b) employees of the principal engaged in the practice of marketing via person-to-person marketing calls;
   (c) an individual or organisation who is authorised by a principal to make person-to-person marketing calls for and on behalf of the principal, if the principal has contracted out part or whole of the marketing campaign to that individual or organisation; and
   (d) employees of the individual or organisation of item (c) above;

   “unsubscribe request”, in relation to a person-to-person marketing call, means:
   (a) a message to the effect that the registered user of the telephone number to which the call is made does not wish to receive, at that telephone number, any further person-to-person marketing call from or authorized by that principal; or
   (b) a message to similar effect.

6. In this CoP, the singular includes the plural and vice versa, and words importing a gender include every gender.

Hours of Calling

7. Person-to-person marketing calls should only be made between 9:00am and 10:00pm, unless the called party has advised that a call at another time would be more convenient and acceptable.

Identity and Purpose

8. A telemarketer who makes a person-to-person marketing call should not conceal or withhold from the called party the calling line identification information of the sending telephone number, or issue any instruction in connection with making the call that has the same effect.
9. At the commencement of a person-to-person marketing call, the following information should be provided to the called party:
   (a) the name of the company or organisation that authorised the making of the call; and
   (b) the general purpose of the call.
10. Upon request, the called party should be informed of a telephone number of the telemarketer (“Contact Telephone Number”) which he can call during normal business hours to lodge complaints against the person-to-person marketing calls made by staff or to make enquiries with staff.

Unsubscribe Mechanism

11. A telemarketer should not make any further person-to-person marketing calls to a number if the user of this number has made an unsubscribe request to the telemarketer through the Contact Telephone Number before, as well as unsubscribe request made during the person-to-person marketing call. A telemarketer may choose to offer other additional channels for members of the public to make unsubscribe request.
12. A telemarketer should accept an unsubscribe request made during a person-to-person marketing call, as well as an unsubscribe request made when a person calls at the Contact Telephone Number as mentioned in paragraph 10 above. A telemarketer may choose to offer other additional channels for members of the public to make an unsubscribe request.
13. A telemarketer should ensure that the list of telephone numbers in respect of which unsubscribe requests have been made should be properly maintained and updated, and that all calling staff should not make person-to-person marketing calls to the telephone numbers on the up-to-date list.

Statistics of Complaints

14. A telemarketer should keep a proper record of statistics of complaints in relation to person-to-person marketing calls made or authorized by staff, and provide such statistics to relevant authority upon request.

Use of Automated Dialing Equipment

15. Telemarketers using automated dialing equipment should allow 15 seconds or four rings before disconnecting an unanswered call.
16. The called party should best be connected to a live agent within two seconds after the call has been answered. Telemarketers should also frequently review the percentage of abandoned calls and make every endeavour to minimise such percentage.
17. Telemarketers should ensure the use of the automated dialing equipment comply with the CoP.

Called Party Who is Travelling Overseas when the Call is Made

18. If a telemarketer, when making a person-to-person commercial call, is fully aware that the called party is travelling outside Hong Kong, he should disconnect the call as soon as practicable (if the call has not yet been answered by the called party) or terminate the conversation as soon as practicable (if the call has been answered by the called party).

Effective Date

19. This CoP shall take effect on the date appearing below.
    
    Hong Kong Broadband Network Limited
    29 March 2010