Bell Code for Business to Consumer Electronic Commerce

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1 Bell Code for Business to Consumer Electronic Commerce Scope and Application: The Code covers retail transactions with consumers on Bell Company web sites, including the Bell World/Espace Bell sites operated by Bell Distribution Inc., Bell Canada, Bell ExpressVu, Bell Mobility, and Bell Actimedia (provider of Sympatico Internet access services) transactional sites that offer retail goods or services for sale to consumers. The Code does not cover sites that may provide information about goods or services that a company may offer for sale, but which do not involve retail transactions with consumers. The Code addresses only those business practices that are specific to business to consumer retail transactions in the on line environment. It does not alter or replace other obligations that may exist as a result of consumer protection, privacy or other laws and regulation, or other voluntary codes of conduct, such as those of the Canadian Marketing Association or Advertising Council, to which a Bell Company may subscribe. The Code seeks to implement, and is based on, the Canadian Principles of Consumer Protection in Electronic Commerce, Industry Canada, November Principle 1: Information Provision. Consumers should be provided with clear and sufficient information to make an informed choice about whether and how to make a purchase. 1.1 Bell Companies shall provide on their web sites information that clearly identifies them, including where a customer should direct claims, ask questions, register complaints or obtain warranty, repair services and support related to the goods and services available on the site. Such Street address of the company s principal office and, where applicable, of local offices or agents; Telephone numbers and addresses; Days and hours of operation; Information on any accreditation, trustmark or similar systems or organizations to which the company belongs, including an online link that will allow a consumer to verify such information. 1.2 Bell Companies shall provide on their web sites fair and accurate information about the goods or services for sale in a form that is clear and understandable to consumers. Such information should include: 1

2 A complete description of the goods and services offered for sale, including the terms of any service contracts; Information required for the proper use of the product, including any safety or health care warnings associated with the product; Information relating to any warranties and available after sales service. 1.3 Bell Companies shall ensure that all terms and conditions of sale are available to consumers in printable form in one place and are stated clearly prior to the conclusion of the transaction. Such The full price, including the currency, any shipping, taxes, customs or other charges that will be billed to the customer; Notification of any taxes, charges, customs or other costs that may be applicable to the customer, but which are not collected by the company; Payment terms, including the payment options available to the customer and the implications of each in terms of any extra charges or discounts applied to the transaction; Any restrictions, limitations or conditions of purchase, such as parental/guardian approval requirements, length of service contracts, any geographic or time limitations applying to the offer; The normal time frame for shipping of goods or activation of service, information on how customers will be notified if the company is unable to complete the order or service request within these time frames and, where applicable, customer options relating to delivery; Where there are recurring charges, such as a monthly fee for service, how customers may cancel such charges; Cancellation, return and exchange policies and warranties, if applicable, including any associated costs. 1.4 Bell Companies shall provide customers with their own record of the transaction as proof of purchase as soon as possible after the transaction has been completed, including a printable record of the terms and conditions of sale. 1.5 Where goods are ordered for future delivery, the company also shall provide to customers at the time of delivery a written record of the transaction and terms and conditions of sale. Such Cancellation, return and exchange policies and warranties, if applicable, and any associated costs; Contact information for after sales service or in the event of a complaint; Payment arrangements, including any credit terms; Where applicable, use and care instructions or safety warnings. Principle 2: Contract Formation. Vendors should take reasonable steps to ensure that the consumer s agreement to contract is fully informed and intentional 2

3 2.1 Bell Companies shall maintain effective controls designed to make consumers aware of their rights and obligations before they agree to a contract or provide payment information, and to ensure that transactions are billed and completed as agreed. In particular, they should ensure that: Customer-provided information is checked for accuracy and completeness before an order is accepted for processing; All customer- provided information, the full price, terms and conditions of sale and payment details are displayed to the customer, who may correct or cancel the order, before it is processed. Positive acknowledgement, for example by clicking yes, must be received from the customer before the order is accepted and processed; A confirming providing a printable record of the transaction and the terms and conditions of the contract is provided to the customer as soon as the order has been processed. 2.2 If an order cannot be fulfilled within the time frame agreed, the customer shall be promptly notified and shall have the option of canceling the order. Principle 3: Privacy. Vendors and intermediaries should respect the privacy principles set out in the CSA-International s Model Code for the Protection of Personal Information 3.1 With respect to personal information from consumers that is collected as a result of electronic commerce activities, Companies shall adhere to the Bell Code of Fair Information Practices. 3.2 The ability to access the company s information practices shall be prominently displayed on its website. Information relating to such practices that shall be disclosed to consumers includes: The specific kinds and sources of information being collected and maintained online; the use of that information; and possible third party distribution of that information. Choices available to consumers relating to the collection, use and distribution of such information, including the ability to opt out of such distribution by not providing information or by denying its further distribution, and the consequences, if any, of such choices; How consumers may review and, if necessary, correct or remove such information; If the Web site uses cookies, how they are used and the consequences, if any, of the customer s refusal to accept a cookie. 3.3 Consumers shall be given a choice as to whether or not personal information collected from them online may be used for other than the identified purposes for which it is being collected by providing them with an opportunity to opt out of any such use. 3.4 Personal information collected online shall not be disclosed to third parties not related to the company s business unless a) consumers are clearly notified prior to their providing such information; or b) consent is obtained after the consumer has provided such information. 3.5 Personal information collected, created or maintained shall be accurate and complete for its intended purpose. Consumers shall be given an opportunity to check the personal information that they have provided online and to correct it prior to completing a transaction. 3

4 3.6 Systems that retain personal information shall be protected from unauthorized outside access and consumers entering through the web page shall not be able to access other consumers personal information. 3.7 When personal information is transferred to a third party service provider, the company shall remain responsible for the protection of the information. Before entering into such arrangements, the company shall satisfy itself that the information practices and privacy policies of such third party service providers shall provide adequate protection. Principle 4: Security of Payment and Personal Information. Vendors and intermediaries should take reasonable steps to ensure that transactions in which they are involved are secure. Consumers should act prudently when undertaking transactions. 4.1 Bell Companies shall make use of appropriate authentication, encryption or other security mechanisms and shall maintain effective controls to protect the integrity and confidentiality of payment and other personal customer information exchanged with its website. 4.2 Bell Companies shall make available to customers, for example, in the form of security FAQs, guidance on their responsibilities for ensuring their information is transmitted securely. Principle 5: Redress. Consumers should have access to fair, timely, effective and affordable means for resolving problems with any transaction. 5.1 Bell Companies shall clearly indicate on their website where a customer can receive assistance in resolving problems with any aspect of a transaction, including complaints relating to the quality of the product, to the accuracy or completeness of information about the product or terms and conditions of sale, or to the use of a customer s personal information. 5.2 Bell Companies shall ensure that complete information relating to a transaction is retained from the time an order is received until a reasonable time after its fulfillment, so that it can promptly respond to enquiries, correct any billing, payment or other errors, and deal with complaints. Principle 6: Liability. Consumers should be protected from unreasonable liability for payments in transactions. 6.1 Bell Companies shall not hold customers liable for payment in the case of any transaction that they did not authorize or for sales transactions in which they do not receive what they have paid for. 6.2 In inadvertent sales transactions in which a customer has acted reasonably, a customer shall have a reasonable period of time to cancel the transaction once the customer has become aware of it. 6.3 Where a customer disputes a transaction where the company failed to provide relevant information about the product, the company shall refund payment, provided that the customer returns the good or declines the service within a reasonable period of time. 4

5 Principle 7: Unsolicited Commercial . Vendors should not transmit commercial E- mail without the consent of consumers, or unless a vendor has an existing relationship with a consumer. 7.1 Bell Companies may send unsolicited commercial messages relating to their products to consumers with whom they have an existing relationship, for example, to customers or to others who have expressed interest in their products, except where the consumer has indicated that he or she does not wish to receive such messages. 7.2 Bell Companies shall not send commercial messages relating to products offered by third parties to any consumer, unless that consumer has indicated he or she wishes to receive such messages. 7.3 Any commercial messages sent by a company shall prominently display a return address and a simple procedure by which a consumer can notify the company that he or she does not wish to receive such messages. Principle 8: Consumer Awareness. Government, business and consumer groups should promote consumer awareness about the safe use of electronic commerce. 8.1 Bell Companies should make available to consumers, for example in the form of FAQs, information and guidance on the actions they can take to ensure that their transactions are conducted safely and securely on their sites. 8.2 Bell Companies should provide links to other sites that provide consumers with information on their rights and obligations in electronic commerce transactions and on the safe conduct of electronic commerce. 5