Advertising Code for Field Marketing
I. DEFINITIONS AND SCOPE
This Code applies to advertising relating to sale and promotion off-premise.
In the present code the following is understood to mean:
a. Advertiser (Sender):
A company, institution or (non-profit) organization advertising through Field Marketing either under its own control or through an Agency.
A natural person not acting in the performance of a profession or business.
c. Field Marketing:
Planned and systematic commendation of goods, services or ideas outside the own sales area, in public spaces or Door2Door. Field Marketing comprises presentation, promotion, activation and direct sales involving standard content not aimed at the individual recipient. This does not cover collection .
d. Direct Sales:
Field Marketing aimed at executing an agreement with a consumer. Direct Sales is also understood to mean recruiting subscribers and donors.
Field Marketing aimed at making products tangible or visible without any Direct Sales taking place, such as handing out printed advertising (flyering), gathering personal data of prospects (Lead Generation), sampling and recruiting at fairs and events.
f. Sales Area:
1. any immovable retail premises where the trader carries out his activity on a permanent basis, or
2. any movable retail premises where the trader carries out his activity on a usual basis.
The Advertising code for Field Marketing regards advertising relating to sales and promotion off-premise. In such a situation additional information requirements and possibly a withdrawal period apply, because a Consumer is not prepared for such a sales pitch. This is the case of Street Marketing and Door2Door recruiting taking place in the street. However, this is also the case of the dealer having a temporary stand at a fair, an event or at another dealer’s home. I.e. not being the place where he usually performs his activities.
g. Street Marketing
Field Marketing which takes place in public spaces.
h. Door2Door Recruitment
Field Marketing through home visits
i. Field Marketing Agency:
The organization (or organizational unit) involved (inter alia) in Field Marketing by order of the Advertiser.
j. Field Marketer:
The person professionally involved in Field Marketing
A. Advertising Recognition
When starting a Field Marketing pitch the Field Marketer shall clearly communicate the commercial, idealistic or charitable objective of the pitch to the Consumer.
If this does not appear from the commercial, idealistic or charitable objective the Field Marketer shall specify to the Consumer who the Advertiser is and what the objective is of the pitch.
Field Marketers shall carry a valid Dutch ID upon them and
a. a clearly visible badge or pass stating the name of the Advertiser and/or the Field Marketing Agency and his or her name, or
b. Field Marketers shall wear recognizable clothing which clearly shows by order of what Advertiser they work. This can be done for instance by affixing the logo of the Advertiser on the clothing.
In the event of recruitment for charitable institutions the Field Marketer shall meet the conditions in a. and b.
Upon being asked by the Consumer, the Field Marketer shall communicate what Field Marketing Agency he works for.
a. Unfair and misleading approachment is not allowed. That laid down in Articles 7 and 8 of the Dutch Advertising Code applies in full.
b. The special advertising codes of the Dutch Advertising Code fully apply, to the extent that they are relevant to Field Marketing by reason of the product/service to be advertised and/or by reason of the target group, in particular the provisions regarding promotions in the Advertising Code for Alcoholic Beverages (RVA) and the Advertising Code for Games of Chance (RVK).
c. During the performance of Field Marketing activities, the Field Marketer shall:
• not mislead the consumer.
• not approach the consumer in an aggressive manner.
• approach the consumer for a pitch with two Field Marketers maximum.
• only address the consumer once upon passing.
• cease the approach as soon as the Consumer unambiguously indicates not to be interested.
• not block or obstruct the passers-by flow or the pavement.
In Field Marketing pitches the inexperience and/or vulnerability (e.g. by reason of age and/or knowledge of the Dutch language) of the Consumer shall not be taken advantage of. If, in reasonableness, it must be clear that the Consumer does not have the capacity or will to engage in a conversation or enter into a supply agreement or does not sufficiently understand the content or purport of the talk or the agreement, the recruiting shall be ceased.
No Field Marketing shall be carried out in retirement/nursing homes/apartments, or locations where the Advertiser, the Field Marketing Agency and/or the Field Marketer (should) know not to find the public having the capacity and/or will to enter into an agreement.
C. Age Restrictions
It is not allowed to gather personal data from Consumers the Field Marketer knows, could know or should know to be under 16 years of age, save permission of the parent or legal guardian.
It is not allowed to conclude a Direct Sales deal with Consumers the Field Marketer knows, could know or should know to be minors.
a. It is not allowed to hand out product samples to Consumers under 13 years of age save permission of the parent or supervisor.
b. It is not allowed to hand out product samples with an age restriction to Consumers the Field Marketer knows, could know or should know to be minors.
D. Recruiting Times
Street Marketing takes place in the designated location and during the designated times in conformity with national or municipal regulations, or within set opening hours of fairs or events.
a. Door2Door recruiting shall exclusively be made from 9:00 a.m. to 9:00 p.m. on working days and from 10:00 a.m. to 10:00 p.m. on Saturdays, save otherwise provided in sector-specific regulations or guidelines. Outside said hours, on Sundays and on Public Holidays Door2Door recruiting is not allowed.
b. On 5 December, 24 December and 4 May Door2Door recruiting is not allowed after 7:00 p.m.
Door2Door Field Marketing Agencies may derogate from that provided in paragraphs 1 and 2 of this article, if it concerns a specific recall appointment with the Consumer.
Supplementary Provisions for Direct Sales
If the Field Marketing activity aims at effecting Direct Sales or a donation agreement with a Consumer, then the Field Marketer shall give the Consumer in a clear and understandable way the information of Article 8.4 Dutch Advertising Code prior to entering into the agreement.
E. Supplementary Provisions for Door2Door Recruiting
Field Marketers shall respect all unambiguous statements of the Consumer which indicate or show that he does not want any Door2Door sales, including in any case the existing do-not-ring-the-doorbell stickers2 , by which the occupant specifies not to want any Door2Door sales.
This Code recognizes the following stickers:
At the request of the Consumer the Field Marketer shall give information about how the Consumer can obtain a do-not-ring-the-doorbell sticker.
F. Complaints Handling
Anyone who believes to have been approached by a Field Marketer in violation of this Code can file a complaint in writing or by email with the Advertiser or with the Field Marketing Agency. In that case it is assumed that both the Advertiser and the Field Marketing Agencys are parties to the proceedings stated in the second paragraph of this article. The recipient of the complaint is held to investigate the complaint and to inform the complainant, as soon as possible but by four weeks at the latest, about the outcome of such investigation.
If the complaint primarily concerns aggressive approach by a Field Marketer, impermissible recruiting times or any other obtrusive way of approach, the complainant shall first file this complaint with the Field Marketing Agency, if known. If such a complaint is addressed to the Advertiser, then the latter shall communicate to the complainant the name and address of the Field Marketing Agency at first request.
The complainant who was not timely informed in conformity with paragraph 1 of this article, or finds the handling of his complaint unsatisfactory, may next file a complaint with the Stichting Reclame Code [Dutch Advertising Code Foundation], in conformity with the Articles of Association and regulations of said foundation. Failing a timely response by the Advertiser (or Field Marketing Agency) the complaint shall be filed within four weeks after expiry of the term cited in the preceding paragraph and in case of objection to a response as given within four weeks after receipt of such response, with the Stichting Reclame Code, save the complainant makes it likely that in reasonableness he cannot be expected to do so.
The Reclame Code Commissie [Dutch Advertising Code Committee] or College van Beroep [Board of Appeal] may specify when allowing a complaint, whether the breach of this Code can be attributed to the Advertiser and/or the Field Marketing Agency.
This Code becomes effective as from 1 January 2016.