UPP 6. Direct Marketing (only applicable to organisations)

6.1 An organisation may use or disclose personal information about an individual who is an existing customer aged 15 years or over for the purpose of direct marketing only where the:

(a) individual would reasonably expect the organisation to use or disclose the information for the purpose of direct marketing; and

(b) organisation provides a simple and functional means by which the individual may advise the organisation that he or she does not wish to receive any further direct marketing communications.

6.2 An organisation may use or disclose personal information about an individual who is not an existing customer or is under 15 years of age for the purpose of direct marketing only in the following circumstances:

(a) either the:

(i) individual has consented; or

(ii) information is not sensitive information and it is impracticable for the organisation to seek the individual’s consent before that particular use or disclosure;

(b) in each direct marketing communication, the organisation draws to the individual’s attention, or prominently displays a notice advising the individual, that he or she may express a wish not to receive any further direct marketing communications;

(c) the organisation provides a simple and functional means by which the individual may advise the organisation that he or she does not wish to receive any further direct marketing communications; and

(d) if requested by the individual, the organisation must, where reasonable and practicable, advise the individual of the source from which it acquired the individual’s personal information.

6.3 In the event that an individual makes a request of an organisation not to receive any further direct marketing communications, the organisation must:

(a) comply with this requirement within a reasonable period of time; and

(b) not charge the individual for giving effect to the request.