By Case marketing messages consumers can reject it?
Many consumers have similar experiences: Register as a member of a platform or business, holidays, ultimately, "SMS greetings"; promote the eve of the big electricity supplier, receive marketing messages numerous …… these messages can be rejected? Does not provide personal information, businesses can refuse to provide services? People on the issues of concern to consumers carried out and as a reminder. Without the consent of the consumer, the merchant can send text messages to their marketing it? Civil Code provides that, except as otherwise provided by law or the rights expressly consent, no organization or individual is allowed to telephone, text messaging, instant messaging, e-mail, flyers, etc. intrusion of others private life in peace.
The judge reminded, consumers registered business members, must pay attention to review the service agreement is included to provide the other party agrees to accept the commercial marketing of products and services such as information provision.
And businesses in the agreement with the consumer, should be obtained in advance under the premise of fully informed consent of the individual, not mislead, fraud and coercion.
As a member, you do not want to receive marketing information sent by the merchant, how do? Personal Information Protection Act, based on individual consent to the processing of personal information, individuals have the right to withdraw their consent.
Personal information handlers should provide convenient way to withdraw agreed. The judge reminded the members of the merchant service agreement, such as the members want to change the agreement relating to "commercial marketing to receive information" clause, the part of changes to the agreed content of the contract, the contract may propose changes to the wishes of the business, handled after mutual consultation corresponding change procedures.
If consumers do not agree to provide personal information to the merchant, the merchant may refuse to provide services? Personal Information Protection Act, personal data processing are not allowed to deal with personally do not agree with their personal information or withdraw consent refused to provide products or services; processing of personal information except to provide products or services belonging necessary.
Judges, for example, when using a network such as personal financial services businesses to provide, in accordance with relevant laws and regulations must be real-name registration, under such circumstances, individuals do not agree to provide personal information, the merchant can not provide services for individuals. Note, however, businesses collecting personal information should be limited to the minimum range to achieve the purpose of treatment, not over the collection. Consumers agreed to receive a merchant discount information, but businesses are pushing their introductory information other consumer lending platform, businesses can do that? The judge reminded the parties such as the absence of special agreement situation, it is not sent. Businesses to send commercial messages to individuals should have the appropriate contract basis, shall not exceed the scope of services agreed by the parties.
Businesses without prior permission to send marketing messages infringed upon the legitimate rights and interests of consumers, what rights? The judge reminded, first, in consultation with the business process, requiring merchants to stop sending marketing messages, which is to safeguard their legitimate rights and interests of the most direct, fastest and most convenient means. Second, you can complain to the industry, authorities reported.
Third, the poor to "12321" and the network center reported receiving spam complaints and reports. Fourth, if the business acts constitute infringement, rights protection through mediation or litigation; if it constitutes a crime, will face criminal penalties. (Editor: Bo Chen, Deng Zhihui) Sharing let more people see recommendation reading.