Telemarketing Code for Telecare Services Association of New Zealand (TSANZ)

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1 Telemarketing for Telecare Services Association of New Zealand (TSANZ) The members of the Telecare Services Association of New Zealand (TSANZ) are committed to the highest standards of professional and ethical conduct at all times. All TSANZ members are expected to abide by the TSANZ of Professional and Ethical Conduct, the TSANZ of Practice and the TSANZ Telemarketing as well as complying with all applicable laws, regulations and rules. The term members includes the staff, agents and contractors of a member company. An alleged breach of this by a member will be dealt with in accordance with the provisions of the Telecare Consumer Protection Policy. Page 1

2 Table of Contents Scope and Application... 3 Legislative Compliance... 3 Definitions... 3 Compliance Guide... 5 Ethical and Professional Conduct... 5 Competency... 5 Proper Identification... 5 Information to be provided... 5 Interruption... 5 Do Not Call List... 6 Frequency... 6 Sale or Appointment... 6 Sales Tactics... 6 Correspondence... 6 Privacy... 6 Discrimination... 6 Page 2

3 1 Scope and Application a) All TSANZ members are expected to abide by this Telemarketing as well as complying with all applicable laws, regulations and rules. b) The term members includes the staff, agents and contractors of a member company. c) An alleged breach of this by a member will be dealt with in accordance with the provisions of the Telecare Consumer Protection Policy. 2 Legislative Compliance a) These guidelines are not intended to replace or override any legislative provision. All telemarketing conduct must comply with the laws and regulations of New Zealand and all appropriate Industry s of Practice. 3 Definitions For the purpose of this document the following definitions will apply: Alarm activation Assistance call out Central monitoring facility (CMF) Client of Conduct of Practice Cold Calling Complainant Client Services Manager Critical service issues Emergency call out Enquirer Environmental monitor The dialling or attempted dialling of the CMF by the medical alarm unit when the alarm unit or trigger device has been activated. Any medical alarm activation that is not an emergency call out. A facility that houses the medical alarm monitoring equipment (including alarm receiver units) and a client contact information system. A person who uses the services of a TSANZ member. Clients include current clients, potential clients and past clients as well as those who have declined the services of a provider unless otherwise specified. The of Conduct for TSANZ members. The of Practice for TSANZ members. Calling on or contracting a prospective client without a prior appointment. The person laying a complaint. The person engaged by TSANZ to advise and assist a complainant. Critical service issues are service call outs where there has been either: a) Equipment failures, damage or loss which prevent a successful alarm activation. b) Trigger device failure or loss. c) Communications failure. Any medical alarm activation that requires onsite assistance, which may include but is not limited to an ambulance paramedic attending the scene. A person who makes an enquiry about the professional functioning of a TSANZ member. Any device that triggers the medical alarm unit based on changes in the client's environment. These changes may include but are not limited to temperature, gas levels, smoke or fire. Page 3

4 Hard sell Medical alarm equipment Medical alarm provider Medical alarm unit Nominated contact Non-critical service issues Personal activity monitors Remote access control systems Representatives Respondent Service call out Telecare Services Telecare Services Provider Telemarketing Telemarketing calls Trigger device TSANZ TSANZ member Unsolicited call A marketing approach that uses sales practices or messages to encourage customers into completing a transaction quicky or to purchase an item or service they do not want or require. Examples include: a) Clients being given the impression that government financial assistance for the cost of than alarm is assured. b) Clients being given the impression that government financial assistance is only available for a limited time where this is not the case. c) Generating concerns to the client about their safety or well being where this was not previously a concern for the client. This equipment includes any and all hardware and software supplied to a client for the purpose, or to support the purpose, of raising an emergency response through a CMF. Any person, business or organisation that provides medical alarm service. The base medical alarm unit installed in a client's residence or on their person that connects to the CMF upon an alarm activation, triggered from either the medical alarm unit or trigger device. A person that a client has nominated to be a respondent to a request for assistance or to be advised of the client's situation or status. Non-critical service call outs are service call outs other than an emergency service call out. They may include but are not limited to low battery notifications, and non-critical equipment damage. Any device that triggers a medical alarm unit when a routine activity being monitored is modified or ceases within a specified period of time. Any system that can facilitate access to a client's premises from a remote location. This may include (but is not limited to) remote activation of electronic door latches or disabling security systems. Includes staff directly employed by a company as well as its agents, contractors and sub-contractors unless otherwise specified. The person or company complained about. A requirement for a telecare service provider's representative to attend the premises where a medical alarm unit has been installed, for fault or general maintenance to any aspect of the equipment or otherwise at the request of the client. Telecare Services are services that use technology to link people who live in their own homes with the monitoring services that provide assistance and emergency help and support when needed. Any person, business or organisation that provides telecare services. The act of selling, promoting, or soliciting a product or service over the telephone as a form of campaign or mass marketing strategy. Outbound calls made by a member or a representatiave on a member s behalf with the intention of gaining new business. As opposed to inbound calls from customers or calls made in the process of delivering existing services. This includes all remote devices that can be used to activate the medical alarm unit. This includes but is not limited to; pendants, fall detectors and specialised alarm activation switches. The Telecare Services Association of New Zealand (Incorporated). A company holding membership of TSANZ. Any call made otherwise than with the express invitation of the person called upon. This does not include calls on a follow up basis by the telemarketer, e.g. where the customer had expressed interest in the specific product or service, or calls made in relation to managing a customer s existing account. Page 4

5 4 Compliance Guide a) Organisations involved in telemarketing must comply with Client Protection Laws. The primary legislation(s) to be aware of - Client Guarantees Act 1993, Fair Trading Act 1986, Door to Door Sales Act 1967, which all include client rights provisions. b) Telemarketers are required to comply with The Privacy Act Ethical and Professional Conduct a) TSANZ members must conduct their businesses fairly, honestly, ethically and in accordance with best practices. b) Telemarketers must not make claims, which are false, misleading, deceptive or fraudulent. c) Due diligence and care must be exerted to ensure that calls are not intrusive on the prospective client. d) Hours of Calling - Outbound Calls (telemarketer calling the client) I. Telemarketers can only make such calls from Monday to Friday. Calls must not be made before 9 am and not after 5 pm (local time at the called party s location), except with the expressed, prior consent of the called party. II. No unsolicited calls are to be made on Saturdays, Sundays and Public Holidays. III. Unlisted or unpublished numbers must not be called, unless requested by the subscriber. IV. Appointments may not knowingly be taken from minors without adult approval. 6 Competency a) All telemarketers must undertake formal training on the requirements of: I. this (TSANZ Telemarketing ) II. the TSANZ of Conduct III. the TSANZ of Practice IV. the TSANZ Client Policy V. all applicable regulatory requirements VI. products and services being offered 7 Proper Identification a) During an outbound call, an introduction must be made where the telemarketer must clearly state their name, the name of the company or organisation they are calling on behalf of, and the purpose of the call. b) On answering inbound calls, telemarketers must clearly state their name and the name of the company or organisation they are speaking on behalf of. 8 Information to be provided on request a) If the called party requests the following information, the telemarketer is obliged to supply it: b) The telemarketer s name and contact details c) The name of the telemarketers supervisor d) The name of the company or organisation the telemarketer is calling on behalf of e) The nature of the business of the company or organisation f) Source of the client s contact information 9 Interruption a) Telemarketers, at the beginning of each call, should check if the called party has been interrupted at an inconvenient time. The telemarketer must promptly offer to call back at a mutually agreeable time. Page 5

6 10 Do Not Call List a) If requested to do so, telemarketers must remove the name of any person from their telephoning lists. These people must not be contacted. 11 Frequency a) Telemarketers will only make their outbound calls within the timeframes approved, if an appointment is not made during this call, the telemarketer must ask for permission to recall the client. The subsequent call must not be made before the expiration of 6 months unless specifically requested by the client. 12 Sale or Appointment a) Telemarketers must provide clients with a clear opportunity to accept or decline the offer where a sale or appointment is to be made via the telephone. b) Sales or appointment times must be clearly confirmed with the client. Where applicable request the client to write down the appointment time and give contact telephone numbers. 13 Sales Tactics a) Telemarketers must not: I. Misrepresent the purpose of the call by using misleading sales tactics, such as representing that the purpose of the call is to undertake market research or to provide a free gift or other service when the provision of the gift or service is conditional on an action on the part of the client. II. Misrepresent themselves as agents of the MSD, Work and Income or any organisation other than their own company. The approved supplier will not represent or imply that their approved supplier status is bestowed solely upon them. 14 Correspondence a) All written correspondence must clearly identify the sending company or organisation name, details of a person to contact, telephone number(s), address, the date and nature and purpose of the transmission. 15 Privacy a) Telemarketers must protect the confidentially and privacy of clients and the clients personal information. b) Telemarketers must not attempt to obtain alternative contacts or personal client information via any other means (e.g. through the friends and family of the client). 16 Discrimination a) Telemarketers must not participate in any conduct that is in any way discriminatory or disparaging of any person or group on the basis of race, colour, religion, national origin, gender, sexual orientation or marital status. Page 6

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