1. Legislative acts of the Republic of Estonia related to electronic direct marketing
- Electronic direct marketing is governed by the following laws in the Republic of Estonia:
- Electronic Communications Act (§ 103, § 103′, § 133(2)’, § 184”)
- Information Society Services Act (§ 5 (2))
- Personal Data Protection Act (in particular § 12 and Chapter 6).
- The use of electronic contact details is not regulated by the following, but direct marketing should also take into account the following legislation:
- Law of Obligations Act
- Advertising Act
- Consumer Protection Act.
Electronic direct marketing means commercial communication sent to the recipient by e-mail, fax, telephone messages (SMS, MMS, etc.) or Bluetooth.
Sending electronic direct marketing to a natural person is permitted by law only with the prior written consent of the corresponding natural person.
In case of electronic direct marketing, the law requires that, whenever electronic contact details of a person are used for direct marketing, the recipient should have a clear and distinct opportunity to object, free of charge and in an easy manner, to such use of electronic contact details and the person should be able to exercise that right through the electronic communications network. There must also always be a clearly identifiable person on behalf of who the message is sent, and the information transmitted must be clearly direct marketing.
If a direct marketer sends offers or messages from third parties under his or her name, the message should include information on where the recipient is able to see, which offers of cooperation partners are sent to him or her by the direct marketer.
2. The database of Fontakt OÜ of the companies and organisations and the responsible persons working in them
The database of Fontakt OÜ of the companies and organisations and the responsible persons working in them, which is the property of Fontakt OÜ and will henceforth be referred to as the Client database, contains companies and organisations operating in Estonia, together with their legal and actual business addresses and contact details, as well as the responsibilities and contact details of the responsible persons working in them.
Fontakt OÜ takes care that its Client database is up-to-date by means of a systematic and inclusive telephone verification to ensure that the data is as accurate and up-to-date as possible in the Client database, which would not be left unchecked for more than 1 year.
As the manager of the Client database, Fontakt OÜ always complies with all the requirements established by the Personal Data Protection Act for the collectors and processors of personal data.
Fontakt OÜ regulates the right of use of the Client database of its clients separately for each client on the basis of a written agreement concluded with that client.
3. The services of the Client database
Fontakt OÜ provides its legal entity clients with, inter alia, the verification and updating service of their own Client database, which means that Fontakt OÜ manages, checks and updates these databases in accordance with the data of its own Client database. In this case, the Client databases of the respective clients are still owned by the legal persons with who Fontakt OÜ has entered into an appropriate contract, to who Fontakt OÜ provides only the above-mentioned service and it is not responsible for the use of these databases by the legal persons, to who it provides this service, in accordance with the laws of the Republic of Estonia.
Fontakt OÜ also provides its legal entity clients with the service of selling Client databases, which means that Fontakt OÜ assigns target groups from its own Client database to these clients in accordance with the agreement concluded with them, which is previously specified and defined according to the criteria and objectives specified in the agreement. Such action avoids needless transfer of unnecessary data to the clients and thereby reduces their usage against the legislative acts regulating the electronic direct marketing in the Republic of Estonia.
Fontakt OÜ has developed its Client database so that its clients would have the best possible prerequisites for directing communication to as accurately specified target group as possible when using the services of the Client database.
4. Use of Client databases in accordance with the legislative acts of the Republic of Estonia
Fontakt OÜ transfers the contact details in its Client database only for sending information related to the duties and the area of responsibility of the recipients. Contact details are transferred either as a right to use online services or as a transfer of the target group of the Client database.
The right to use the Client database is limited to the campaign(s) specified in the agreement and the use and storage of the data of the Client database in the client’s own database is prohibited after the end of the campaign.
A client of Fontakt OÜ, who is a legal person, or an employee thereof does not have the right to use databases for the purposes or in ways that are contrary to the legislative acts of the Republic of Estonia or in a way that competes with the activities of Fontakt OÜ. Fontakt OÜ has the right to terminate the contract concluded with its client as soon as the client is at fault with these rules.
5. Instructions for the recipient of the messages
If the recipient of the message feels that the sender of the message has sent him or her a spam message and the data come from the Client database of Fontakt OÜ, please immediately inform the Client Database Manager of Fontakt OÜ of this by e-mail at email@example.com
Fontakt OÜ will immediately clarify the case and, if necessary, will terminate the contract with the user of its Client database if there appear circumstances in the activity of the client that conflict with the laws of the Republic of Estonia.
6. Rights of a person registered in the Client database
Every person registered in the Client database of Fontakt OÜ has the right to access their data contained in the Client database of Fontakt OÜ if they have previously identified themselves to the responsible employee of Fontakt OÜ.
Fontakt OÜ corrects, supplements or, if necessary, deletes incorrect, incomplete or outdated information from the Client database, either on its own initiative or at the request of a person registered in the Client database.
In addition, a person registered in the Client database has the right to prohibit Fontakt OÜ from transferring his or her contact details to third parties for electronic direct marketing.