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DTI Sales Promo.on Guidelines: a proposed posi.on on issues
Jane7e Toral August 17, 2011
Posi.on #1
• Need for integrated guideline or one Department Administra.ve Order – Too many DAOs
• As it now covers no purchase required promo.ons, it is apt for name to reflect such change. From DTI Sales Promo.on Permit Guidelines to: – DTI Sales and Marke.ng Promo.ons Permit Guidelines – DTI Marke.ng Promo.ons Permit Guidelines
– Covers both offline and online • as it is now happening, offline promos gets plugged online and vice-‐versa.
• Add new sec.ons to describe online nature for contest, raffle, games, premium, redemp.on, discount.
Posi.on #2
• Recognize that individuals can run contest – Use the term “individual” rather than “bloggers” to be all encompassing. • Avoid impression of discrimina.ng or giving preferen.al treatment that may alienate other professions – whether profit genera.ng or not.
• Exemp.on apply to individuals should also apply to business to avoid “discrimina.on” accusa.on.
– Set minimum promo prize rule on a per promo.on rather than annual • Promos where prizes is below P5000, no need for permit (whether individual or business) – However, must comply to DTI standards on promo.on process.
• As there is no way for DTI being able to monitor promo spend annually. – Harder for dispute resolu.on management if main point of challenge is
focused on spending.
Posi.on #3
• Data privacy – Ensure that data of consumers joining promo.ons are protected. • MOA between par.es should have clear provision on data ownership.
• Terms and condi.ons of promo.on should clearly state how promo.on joiners data is used.
– Iden.fy par.es who have access to contest joiners data whose affilia.on is clearly stated. • Unauthorized use of promo.on joiners data can make the person and companies involved liable under DAO #8 and E-‐Commerce Law.
Posi.on #4
• DTI Sales Promo.on Permit Process needs to be compliant with Republic Act 8792 or the E-‐Commerce Law – Accept online applica.on. – Issue approval. – Accept online payment. – Process covered by a guideline.
Posi.on #5
• Explore self-‐regula.on – Sales Promo.on Permit and Dispute Resolu.on to be handled by recognized 3rd party consor.um associa.on in the future. (e.g. 4As, IMMAP, PRA, PANA, CUG)
References
• h7p://digitalfilipinoclub.blogspot.com/2011/08/forming-‐group-‐d.-‐online-‐sales.html
• h7p://www.socialmediacontestphilippines.com/2011/07/individuals-‐bloggers-‐businesses-‐need.html
• h7p://www.socialmediacontestphilippines.com/2011/07/3-‐data-‐privacy-‐complaints-‐sent-‐through.html