Legal notices

MOBUCKS APP TERMS OF USE

Out There Media Holding GmbH (registration number 289339z) ("us, "we", "our") has developed this progressive web application, Mobucks, to allow you to promote and advertise your business and/or services and/or products to a targeted audience that fits your business needs.

These Terms of Use should be read together with our Privacy Policy.

1.             Acceptance of terms

1.1.         These Terms of Use, including our Privacy Policy and all other polices that may be posted on Mobucks set out the terms on which we offer you access to use Mobucks and services.  All of our policies are incorporated into these Terms of Use.  You agree to comply with all of our policies and in particular these Terms of Use when you access and use Mobucks.

1.2.         By accessing Mobucks and using our services, you agree to all the terms set out in these Terms of Use, which are designed to make sure that Mobucks is useful to everyone.  You specifically agree to abide by the Code of Conduct and to refrain from any marketing activities which appear on the Blacklist, the Code of Conduct and Blacklist can be found at the end of these Terms of Use. Should you not agree to these terms, or any of our updates or changes thereto as dealt with below, you should not access or use Mobucks.  You confirm that you are 18 (eighteen) years or older, or that you have been duly assisted to consent to these terms.

2.             Log-in details and passwords

2.1.         You must be registered to create campaigns and advertisements on Mobucks.  You are responsible for all actions taken using your username, email address and password.

2.2.         You agree that you will use your username and password for your business only and will not disclose it to or share it with any unauthorised third party.

2.3.         You will be liable for payment in respect of any subscription or payment made using your username and password, irrespective of whether the use of your username and password is unauthorised or fraudulent, except where the subscription is cancelled in accordance with these Terms of Use.

3.             Acceptable use of Mobucks

3.1.         As a condition of your use of Mobucks, you agree that you will not and you will further ensure that you will not use Mobucks to:

3.1.1.              violate any applicable laws, including but not limited, to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);

3.1.2.              violate any applicable advertising rules generally and specifically our Terms of Use, Code of Conduct and Blacklist the Code of Conduct and Blacklist can be found at the end of these Terms of Use;

3.1.3.              post advertisements that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods or services provided and price;

3.1.4.              post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;

3.1.5.              use Mobucks in any manner that could impair Mobucks in any way or interfere with any party’s use or enjoyment of Mobucks;

3.1.6.              post any material that is harmful to, harms or could harm minors in any way;

3.1.7.              be false or misleading or employ false or misleading advertising practices;

3.1.8.              infringe any third-party right;

3.1.9.              distribute viruses or any other technologies that may harm Mobucks or the interests or property of Mobucks users;

3.1.10.           impose an unreasonable load on our infrastructure or interfere with the proper working of Mobucks;

3.1.11.           copy, modify, or distribute any other person's content without their consent;

3.1.12.           use any robot spider, scraper or other automated means to access Mobucks and collect content for any purpose without our express written permission;

3.1.13.           harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;

3.1.14.           use the information available in Mobucks other than in accordance with the terms of a campaign and these Terms of Use;

3.1.15.           bypass measures used to prevent or restrict access to Mobucks; and

3.1.16.           post any links which would violate any of the restrictions above.

3.2.         You are solely responsible for all information that you submit to Mobucks and any consequences that may result from your campaign and advertisement.  We reserve the right for any or no reason, at our discretion to refuse or delete any campaign content (or any part thereof) that we believe is inappropriate or is in breach of these Terms of Use or any of our other policies.  We also reserve the right at our discretion to restrict your use of Mobucks either temporarily or permanently or refuse your registration.

4.             Protecting Mobucks

4.1.         We work to keep Mobucks working properly. Please report problems, offensive content and policy breaches to us at the following email address info-mobucks@out-there-media.com.

4.2.         Without limiting other remedies which might be available to us, we may issue warnings, limit or terminate our service, exercise our discretion when campaigns and advertisements do not comply with our policies to remove any hosted content, and take technical and legal steps to keep users off Mobucks if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.  However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when campaigns and advertisements do not comply with our policies, or keep a user off Mobucks or not, we do not accept any liability for monitoring Mobucks or for unauthorised or unlawful content on Mobucks or use of Mobucks by users.

4.3.         You also recognise and accept that Mobucks is not under any obligation to monitor any data or content which is submitted to or available on Mobucks.

5.             Database and target audience

5.1.         You acknowledge and agree that you will not be granted access to any customer information to which campaigns and advertisements will be directed.

5.2.         You will have a choice to select certain categories of customers to which advertisements will be sent. These categories may be based on, inter alia, locality, age and gender and is referred to as your target audience.  Your campaign or advertisement will therefore not be sent to named individuals, but only to those mobile phone subscribers that fall within your target audience.

5.3.         You acknowledge that customers have a right to opt out of receiving communications.  While we provide an estimate of the potential reach of any campaign or advertisement, we do not make any guarantees that the message will be received by the estimated number of customers.

5.4.         The target audience is derived from data obtained from one or more mobile network operators in terms of a written agreement between us and such mobile network operators. Should any person from the target audience object to the processing of their personal information or lodge a complaint, you hereby acknowledge that any claim will be as between you and the relevant mobile network operator and you further indemnify us to the fullest extent possible under law from any claims and/or losses suffered.

6.             Fees

6.1.         Our fees are posted in United States Dollars, which fees will be quoted excluding VAT and once you are registered to use Mobucks, the fees will be posted in your local currency.  We may change our fees from time to time, at our sole and absolute discretion.  We may choose to temporarily change our fees for promotional purposes or new services, should they be offered; these changes will be effective when we announce the promotion or new service offering. 

6.2.         Coins will have the value on the date of which it is paid and the value will not fluctuate.

6.3.         Our fees are non-refundable, and you are responsible for ensuring that there are adequate funds available for the automated annual or monthly fee payable when you register on Mobucks.  If no payment is received when due, we may limit or terminate your ability to use Mobucks.

7.             Content on Mobucks

7.1.         Mobucks contains content from us, you, and other users.  Mobucks is protected by copyright laws.  Content displayed on or via Mobucks is protected as a collective work and/or compilation, pursuant to copyrights laws.  You agree not to copy, distribute or modify content from Mobucks without our express written consent.  You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Mobucks.  Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Mobucks (other than your own content).

7.2.         When providing us with content or causing content to be posted using Mobucks, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.  This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from you content, or otherwise use such content.  Further, to the fullest extent permitted under applicable laws, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

7.3.         Do not post content that infringes the rights of third parties.  This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademarks.  

8.             Liability

8.1.         We do not act as a supplier and we are not the party marketing the goods or services. We only provide the platform.

8.2.         As explained above, we do not actively monitor data or content. We are not involved in the actual transactions that may be concluded between users as a result of any campaign or advertisement.

8.3.         Mobucks does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction that may subsequently be entered into after any campaign or advertisement is sent to consumers.  Mobucks also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.

8.4.         You agree not to hold us responsible for things other users post or do.

8.5.         In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

8.6.         We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

8.7.         While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of Mobucks.

8.8.         Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied.  We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Mobucks, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

8.9.         Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the total fees you pay to us in the 1 (one) week prior to the action giving rise to liability.

8.10.      Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

9.             Security

In order to ensure the security and reliable operation of Mobucks for all users, we reserve the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.  Any user who commits offences related to unauthorised access to data (e.g. so-called “hacking” and trading in passwords used to commit an offence); interception with data (e.g. tapping into data flows or denial of service attacks); interference with data (e.g. viruses and denial of service attacks); computer related extortion, fraud and forgery (e.g. where someone gains financially by undertaking to cease or desist from doing something using a computer) or any of the offences detailed in Chapter 13 of the South African Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.

10.          General

10.1.      These terms and the other policies posted on Mobucks constitute the entire agreement between us and you.

10.2.      This agreement shall be governed by the laws of the Republic of Austria.  You agree that any claim or dispute you may have against us must be resolved by and in the courts of the Republic of Austria.

10.3.      If we don't enforce any particular provision, we are not waiving our right to do so later.  If a court strikes down any of these terms, the remaining terms will survive.

10.4.      We may update these Terms of Use at any time and in our sole discretion.  Any such change will be effective from the date of being posted on Mobucks.

 

 

CODE OF CONDUCT

GENERAL PRINCIPLES

1.             Introduction

This Code of Conduct aims to build trust with consumers by assuring them of advertising that is honest, legal, decent and truthful, as well as quick and easy to redress when transgressions occur.

This Code of Conduct also binds all users of Mobucks to take all necessary steps to ensure that nothing is or will be contained in the advertisement content and related products and services which might make its transmission illegal or actionable for any reason as per any applicable laws, ordinances, rules, regulations and guidelines in effect provided by the respective countries from time to time.

We support responsible advertising and marketing communications. As new practices and technologies evolve, we may review and revise and extend the scope of this Code of Conduct to assure its usefulness and relevance in a dynamic legal, social and technological environment.

2.             Restricted and prohibited advertising categories and Cross-border communications - origin and jurisdiction

2.1.         Restricted and prohibited advertising categories.

2.1.1.              The following categories of advertising channels are prohibited:

2.1.1.1.         pornographic material;

2.1.1.2.         any illegal activity in the territory, e.g. recreational drugs, etc., or alcohol in Muslim territories;

2.1.1.3.         advertising of direct competitor products or services.

2.1.2.              The following categories of advertising channels are considered to be restricted, and will only be allowed to the extent that we have pre-screened and approved specifically for such service in writing:

2.1.2.1.         alcohol, tobacco and gambling (to the extent not illegal / forbidden in the respective territory) should only be carried where these adverts are only delivered to subscribers above legal age and who have consented to receiving such adverts.

2.1.2.2.         ad's with political content should only be carried with appropriate disclaimer or where it is explicit that the ad is paid for by the relevant political party. We should also not be seen to be biased; i.e. only carrying ads for a specific political party without making equal amount of inventory available at same cost to other political parties.

2.1.2.3.         Religion or religious services (to the extent legally allowed in the respective country) should only be carried where these adverts are only delivered to subscribers who are of the religion and who have consented to receiving such advertising.

2.1.2.4.         financial services, e.g. banks, insurance, financial planning etc. must adhere to all local regulations regarding such services, e.g. clearly stating the name and where appropriate FSB or relevant authority ID number etc.

2.1.2.5.         medicines, cosmetic surgery and other medical services: must adhere to applicable laws and local regulations of the governing body for the relevant profession

We will at all times be entitled to disallow or reject approvals for ad's, and/or cancel ongoing ad's at its discretion and at no cost.

2.2.         Cross-border communications — origin and jurisdiction

Before engaging in cross-border marketing communications, we will consider and guide which rules would be applicable. There are basically two principles: either the rules of the country from where the message or activity originates apply, or those of the territory(s) where the message is received, delivered or viewed. We will need to assess any such requests on a case by case basis.

3.             General provisions on advertising and marketing communication practice

3.1.         Basic principles

             All marketing communications should be legal, decent, honest and truthful.

             No communication should be such as to impair public confidence in marketing.

3.2.         Professional and lawful conduct

Users are committed to lawful conduct at all times and in all their dealings with regard to using Mobucks.

3.3.         Content control

             Users must not transmit or publish content which is illegal or forbidden by us and any local laws, rules and regulations.

             If a user becomes aware of such forbidden or illegal content (whether or not under its control), the user must, immediately suspend access to that content if the content is under its control, or notify us if the content is not under its control. Illegal/forbidden content, and the measures taken, shall be reported to us.  Where required to do so by law, the user must also report the illegal content to the relevant enforcement authority.

             Users must co-operate with any content related court orders or other instructions lawfully issued by legal and / or enforcement authorities.

3.4.         Decency

             Marketing communications / content should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country/region.

3.5.         Honesty

             Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge. Relevant factors likely to affect consumers' decisions should be communicated in such a way and at such a time that consumers can take them into account.

3.6.         Social responsibility

             Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon race, national origin, ethnicity, religion, gender, age, disability or political, mental, sexual orientation.

             Marketing communications should not without justifiable reason play on fear or exploit misfortune or suffering.

             Marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour.

             Marketing communications should not play on superstition.

3.7.         Truthfulness

             Marketing communications should be truthful and not misleading.

             Marketing communications should not contain any statement, claim or audio or visual treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead the consumer, in particular, but not exclusively, with regard to:

  • characteristics of the product which are material, i.e. likely to influence the consumer's choice, such as: nature, composition, method and date of manufacture, range of use, efficiency and performance, quantity, commercial or geographical origin or environmental impact;

  • the value of the product and the total price to be paid by the consumer;

  • terms for delivery, exchange, return, repair and maintenance;

  • terms of guarantee;

  • copyright and industrial property rights such as patents, trademarks, designs and models and trade names;

  • compliance with standards;

  • official recognition or approval, awards such as medals, prizes and diplomas;

  • the extent of benefits for charitable causes.

3.8.         Use of technical/scientific data and terminology

Marketing communications should not:

  • misuse technical data, e.g. research results or quotations from technical and scientific publications;

  • present statistics in such a way as to exaggerate the validity of a product claim;

  • use scientific terminology or vocabulary in such a way as to falsely suggest that a product claim has scientific validity.

3.9.         Use of "free"

             The term "free", e.g. "free gift" or "free offer", should be used only:

  • where the offer involves no obligation whatsoever; or

  • where the only obligation is to pay shipping and handling charges which should not exceed the cost estimated to be incurred by the advertiser, or

  • in conjunction with the purchase of another product, provided the price of that product has not been increased to cover all or part of the cost of the offer.

3.10.      Use of "Guarantee" or "Warranty"

             Marketing communications should not state or imply that a "guarantee", "warranty" or other expression having substantially the same meaning, offers the consumer rights additional to those provided by law when it does not. The terms of any guarantee or warranty, including the name and address of the guarantor, should be easily available to the consumer and limitations on consumer rights or remedies, where permitted by law, should be clear and conspicuous.

3.11.      Substantiation

              Descriptions, claims or illustrations relating to verifiable facts in marketing communications should be capable of substantiation. Such substantiation should be available so that evidence can be produced without delay and upon request to the relevant regulatory and self-regulatory organisations responsible for the implementation of the Code.

3.12.      Identity / Identification

             Marketing communications should be clearly distinguishable as such and should be so presented that it is readily recognisable as an advertisement. The product or service, and where applicable, the advertiser must be readily identifiable.

             Marketing communications should not misrepresent their true commercial purpose. Hence a communication promoting the sale of a product should not be disguised as for example market research, consumer surveys, user-generated content, private blogs or independent reviews.

             The identity of the advertiser should be apparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the advertiser without difficulty.

3.13.      Comparisons

             Marketing communications containing comparisons should be so designed that the comparison is not likely to mislead, and should comply with the principles of fair competition. Points of comparison should be based on facts which can be substantiated and should not be unfairly selected.

3.14.      Denigration

             Marketing communications should not denigrate any person or group of persons, firm, organisation, industrial or commercial activity, profession or product, or seek to bring it or them into public contempt or ridicule.

3.15.      Testimonials

             Marketing communications should not contain or refer to any testimonial, endorsement or supportive documentation unless it is genuine, verifiable and relevant. Testimonials or endorsements which have become obsolete or misleading through passage of time should not be used.

3.16.      Portrayal or imitation of persons and references to personal property

             Marketing communications should not portray or refer to any persons, whether in a private or a public capacity, unless prior permission has been obtained; nor should marketing communications without prior permission depict or refer to any person's property in a way likely to convey the impression of a personal endorsement of the product or organisation involved.

3.17.      Intellectual Property and Exploitation of goodwill

             Marketing communications should not make unjustifiable use of the name, initials, logo and/or trademarks of another firm, company or institution. Marketing communications should not in any way take undue advantage of another firms', individual's or institution's goodwill in its name, brands or other intellectual property, or take advantage of the goodwill earned by other marketing campaigns without prior consent.

3.18.      Imitation

            Marketing communications should not imitate those of another advertiser in any way likely to mislead or confuse the consumer, for example through the general layout, text, slogan, visual treatment, music or sound effects.

             Where an advertiser has established a distinctive marketing communications campaign in one or more countries, other advertisers should not imitate that campaign in other countries where the advertiser who originated the campaign may operate, thereby preventing the extension of the campaign to those countries within a reasonable period of time.

3.19.      Safety and health

             Marketing communications should not, without justification on educational or social grounds, contain any visual portrayal or any description of potentially dangerous practices, or situations which show a disregard for safety or health, as defined by local national standards. Instructions for use should include appropriate safety warnings and, where necessary, disclaimers. Children should be shown to be under adult supervision whenever a product or an activity involves a safety risk.

             Information provided with the product should include proper directions for use and full instructions covering health and safety aspects whenever necessary. Such health and safety warnings should be made clear by the use of pictures, text or a combination of both.

3.20.      Children and young people

             Special care should be taken in marketing communications directed to or featuring children or young people. The following provisions apply to marketing communications addressed to children and young people as defined in national laws and regulations relevant to such communications.

  • Such communications should not undermine positive social behaviour, lifestyles and attitudes;

 

  • Products unsuitable for children or young people should not be advertised in media targeted to them, and advertisements directed to children or young people should not be inserted in media where the editorial matter is unsuitable for them.

             Material unsuitable for children should be clearly identified as such.

Applicable laws and industry best practice need to be adhered to for collection of personal details of children. Under a certain age as defined under local law (the age of 12 in some jurisdictions), children's personal details might not be obtained without the explicit and verifiable consent of the parent or guardian. The marketing communications need to be appropriate for the age of the child and allowed as per local regulation for what the type of use for which the consent of the child's parent / guardian is obtained, is concerned. Collected details shall not be shared with third party providers, unless separate explicit consent is provided by the parent or guardian.

Inexperience and credulity

Marketing communications should not exploit inexperience or credulity, with particular regard to the following areas:

When demonstrating a product's performance and use, marketing communications should not:

  • minimise the degree of skill or understate the age level generally required to assemble or operate products;

  • exaggerate the true size, value, nature, durability and performance of the product;

  • fail to disclose information about the need for additional purchases, such as accessories, or individual items in a collection or series, required to produce the result shown or described.

While the use of fantasy is appropriate for younger as well as older children, it should not make it difficult for them to distinguish between reality and fantasy.

Avoidance of harm

Marketing communications should not contain any statement or visual treatment that could have the effect of harming children or young people mentally, morally or physically. Children and young people should not be portrayed in unsafe situations or engaging in actions harmful to themselves or others, or be encouraged to engage in potentially hazardous activities or behaviour.

Social values

Marketing communications should not suggest that possession or use of the promoted product will give a child or young person physical, psychological or social advantages over other children or young people, or that not possessing the product will have the opposite effect.

Marketing communications should not undermine the authority, responsibility, judgment or tastes of parents, having regard to relevant social and cultural values.

Marketing communications should not include any direct appeal to children and young people to persuade their parents or other adults to buy products for them.

Prices should not be presented in such a way as to lead children and young people to an unrealistic perception of the cost or value of the product, for example by minimising them. Marketing communications should not imply that the product being promoted is immediately within the reach of every family budget.

Marketing communications which invite children and young people to contact the advertiser should encourage them to obtain the permission of a parent or other appropriate adult if any cost, including that of a communication, is involved.

3.21.      Data protection and privacy

             When collecting personal data from individuals, care should be taken to respect and protect their privacy. All data to be collected would be for the use of behavioural sequencing and profiling in order to ensure more targeted delivery of advertisements.

Security of processing

             Adequate security measures should be in place, having regard to the sensitivity of the information, in order to prevent unauthorised access to, or disclosure of, the personal data.

Privacy policy

Those who collect data in connection with marketing communication activities should have a privacy policy, the terms of which should be readily available to consumers, and should provide a clear statement if any collection or processing of data is taking place, whether it is self-evident or not.

Cross-border transactions

Particular care should be taken to maintain the data protection rights of the consumer when personal data is transferred from the country in which they are collected to another country.

When data processing is conducted in another country, all reasonable steps should be taken to ensure that adequate security measures are in place and that the data protection principles set out in this code are respected.

3.22.      Transparency on cost of communication

Where the cost to consumers of accessing a message or communicating with the advertiser is higher than the standard cost e.g. "premium rate" this cost should be made clear to consumers, expressed either as "cost per minute" or as "cost per message". When this information is provided on-line, consumers should be clearly informed at the time when they are about to access the message or online service.

Where a communication involves such a cost, the consumer should not be kept waiting for an unreasonably long time in order to achieve the purpose of the communication and calls should not be charged until the consumer can begin to fulfil that purpose.

 

3.23.      Unsolicited products and undisclosed costs

Marketing communications which solicit a response constituting an order for which payment will be required (e.g. an entry in a publication) should make this unambiguously clear.

Marketing communications soliciting orders should not be presented in a form which might be mistaken for an invoice, or otherwise falsely suggest that payment is due.

3.24.      Environmental responsibility

Marketing communications should not appear to condone or encourage actions which contravene the law, self-regulatory codes or generally accepted standards of environmentally responsible behaviour.

3.25.      Responsibility

These general rules on responsibility apply to all forms of marketing communications.

Responsibility for the observance of the rules of conduct laid down in this Code of Conduct rests with users whose products are the subject of the marketing communications.  Users who publish, transmit, deliver or distribute marketing communications, should exercise due care in the acceptance of them and their presentation to the public.

The advertising company have overall responsibility for the marketing communications of their products.

Users should exercise due care and diligence in the preparation of marketing communications contained in the campaign brief and creative, which should operate in such a way as to enable advertisers to fulfil their responsibilities.

Individuals employed by users who take part in the planning, creation, publication or transmission of a marketing communication are responsible, for ensuring that the rules of this Code of Conduct are observed and should act accordingly.

This Code of Conduct applies to the marketing communication in its entire content and form, all products and services advertised through Mobucks with regard to the type of product and service, the nature of the advertisement, the advertisement content, Value Added Services (VAS) accessed by a customer in the territory including testimonials and statements, and audio or visual material originating from other sources.

The fact that the content or form of a marketing communication may originate wholly or in part from other sources does not justify non-observance of this Code of Conduct.

3.26.      Sanctions

3.26.1.           If it is found that a user has breached this Code of Conduct, apart from the requirement for the user to remedy the breach, possible sanctions that may be imposed on a user are:

  • Block a user's access to Mobucks for a defined period;

  • Terminate existing campaigns placed by the user; or

  • Terminate a user’s access to Mobucks.

 

 

BLACKLIST

BLACK LISTED ADVERTISING

1.         Adult Material

Adult Content

Ads that display full or partial nudity in a sexual context, but not sexual activity; erotica; sexual things; sex-oriented businesses as clubs, nightclubs, escort services; and sites supporting the online purchase of such goods and services.

Nudity

Ads that offer depictions of nude or seminude human forms, singly or in groups.

Sex

Ads that depict or graphically describe sexual acts or activity, including exhibitionism; also, Ads offering direct links to such sites.

Ads with content which may be perceived as displaying sensuality and content that is not in accordance with social norms.

2.         Prohibited Drugs

Ads that promote or provide information about the use of prohibited drugs, also stuff associated with such use or abuse.

3.         Militancy and Extremist

Ads that offer information about or promote or are sponsored by groups advocating anti-government.

4.         Racism and Hate

Ads that promote the identification of racial – ethnical – religion – inter-group, the unfair criticism or subjection of groups, or the superiority of any group.

5.         Liquor

          Ads that provide information about, promote, or support the sale of alcoholic beverages or associated stuff.

6.         Tobacco (with criteria)

Cigarette ads should not be advertised to audiences under the age of 18 years old.The ads should not: stimulate / encourage people to smoke; describe / suggest that smoking provided health benefits; demonstrate / describe the form of images, writings, or both: packs of cigarettes, cigarette, / people are smoking, / lead to the person who was smoking a cigarette; directed against or show in the form of images or writings, or both: children, teenagers, / pregnant women; including the name of the product in question.

7.         Gay or Lesbian or Bisexual Interest

Ads that provide information about or cater to gay, lesbian, or bisexual lifestyles, but excluding those that are sexually or issue-oriented.

8.         Violence

Ads that feature or promote violence or bodily harm, including self-inflicted harm; or that unreasonably display images of death, gore, or injury; or that feature images or descriptions that are frightening and of no redeeming value.

9.         Hostility between Nations

Ads that can lead to hostility between countries, such as currency pictures torn/cut/wrinkled, torn flag image or other similar manners.

10.       Massage Parlors, Discotheque, Karaoke, Party Line

Any ads related to Massage Parlors, Discotheque, Karaoke, Party Line and their jobs vacancies.

11.       Investment non-financial institutions

Any ads for either seeking or providing funds / capital, except for financial institutions or the publicly institutions (listed on the Stock Exchange).

Ads investment products that offer business opportunities, the promise of return of capital, lending and borrowing or profit sharing, must clearly and fully stated the nature and form of bidding in a balanced and mentions the possible risks faced by the public if they become the investors.

Ads that offer capital accumulation should clearly state that capital accumulation is only done through the capital market.

12.       Mystical content

Any ads related to mystic.

PRIVACY POLICY

Out There Media Holding GmbH (registration number 289339z) ("us, "we", "our") has developed this progressive web application, Mobucks, to allow you to promote and advertise your business and/or services and/or products to a targeted audience that fits your business needs.

This privacy policy should be read together with our Terms of Use and describes how we process information we collect and/or receive from you and/or receive from third parties with whom we have contracted. 

1.             INFORMATION WE COLLECT AND RECEIVE

We collect and receive information about you in the following ways:

1.1.         Information you give us

This includes any information that you provide to us directly:

1.1.1.              when you sign-up to utilise Mobucks;

1.1.2.              by filling in forms on Mobucks, or those provided to you;

1.1.3.              when you enter a competition, promotion or complete a survey;

1.1.4.              by posting comments or content on our social media pages; or

1.1.5.              when you contact us or we contact you and you provide information directly to us.

1.2.         What personal information we collect

1.2.1.              When you register to use Mobucks, you will be required to provide us with the following information, your –

1.2.1.1.         name and surname;

1.2.1.2.         company details, such as your company name and VAT number;

1.2.1.3.         contact number and email address;

1.3.         Information we collect or receive when you use Mobucks

We may collect information when you use Mobucks by using cookies, web beacons and other technologies. Depending on how you access and use websites, we may receive:

1.3.1.              log information;

1.3.2.              information we infer about you based on your interaction with products and services;

1.3.3.              device information (for example the type of device you're using, how you access platforms, your browser or operating system and your Internet Protocol ("IP") address);

1.3.4.              location information.

1.4.         Information from third-party sources

1.4.1.              We may anonymise information from one or more mobile network operators in terms of a written agreement between us and such mobile network operators.  This information is used by us to provide the Mobucks services. 

1.4.2.              We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in in other ways.

2.             HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE

2.1.         We use the information we collect and receive for the following general purposes:

2.1.1.              to provide you with information, products or services you request from us;

2.1.2.              to communicate with you;

2.1.3.              to provide you with support; and

2.1.4.              to provide effective advertising (for example to be provide you with news, special offers and general information about other goods, services and events which we offer, that are similar to those that you have already hired or enquired about).

2.2.         We use the information collected in terms of paragraph 1.4.1 to provide the campaign creation and marketing services offered by Mobucks.

3.             HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE

3.1.         We don’t sell your personal information to third parties for their marketing purposes.

3.2.         We may share information with:

3.2.1.              our affiliates, in other words, other companies in our group;

3.2.2.              we may disclose your personal information to a limited number of our employees and third party service providers (other than those who we refer you to), who we assist you to interact with;

3.2.3.              our business partners. We may share non-personally identifiable information with select business partners;

3.2.4.              other parties in response to legal process or when necessary to conduct or protect our legal rights;

3.2.5.              companies that provide services to us.  Companies that provide services to us or act on our behalf may have access to information about you.  These companies are limited in their ability to use information they receive in the course of providing services to us or you; and

3.2.6.              third-parties where you provide consent.  In some cases, third-parties (often advertisers) may wish to attain information about you in order to promote their products to you, or for whatever other reason.  We may share information with third-parties where you provide consent in the form of an explicit opt-in.  Before we ask you to opt-in, we will endeavour to provide you with a clear description of what data would be shared with the third-party.  Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data; therefore, be sure to investigate their privacy policies before providing permission for us to share your information.

4.             YOUR OBLIGATIONS

Insofar as we make any personal information available to you, whether via Mobucks or through any communications or other interactions with you, you warrant that you will comply with all privacy laws related thereto, and will comply with any specific processing limitations, security obligations and the like as communicated to you by us.

5.             YOUR RIGHTS

5.1.         You have the right to ask us not to contact you for marketing purposes.  You can exercise this right at any time by using any of the various "opt-out" options that we will always provide to you when we communicate with you.  We won’t send you marketing messages if you tell us not to but we will still need to send you service-related messages.

5.2.         We want to make sure that any data we hold about you is up to date. So, if you think your personal information is inaccurate, you can ask us to correct or remove it.

6.             RETENTION OF DATA

We will retain your personal information only for as long as is necessary for the purposes set out in this privacy policy or to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

7.             OUR COMMITMENT TO SECURITY

The security of your data is important to us. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. However, we do employ a number of safeguards intended to mitigate the risk of unauthorised access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this. We will at all times comply with our obligation under applicable laws.

8.             TRANSFER OF DATA

8.1.         Your information, including personal information, may be transferred to and maintained on servers located outside of your country of residence, where the data privacy laws, regulations and standards, may not be equivalent to the laws in your country of residence.

8.2.         We might transfer your personal information to places outside of the country you are located in and store it there, where our suppliers might process it.  If that happens, your personal information will only be transferred to and stored in country that has equivalent, or better, data protection legislation than in the country you reside or with a service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in the country you reside in.

8.3.         Your use of our website and applications and products, followed by your submission of information to us, represents your consent to such transfer.

8.4.         We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

9.             LINKS TO OTHER WEBSITES

Our website, application or social media platforms may contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates.  Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website or application you visit which collects personal information.

10.          CHANGES TO THIS PRIVACY POLICY

We may update this privacy policy from time to time.  Any changes that we may make to our privacy policy will be posted on the relevant webpages and web applications and will be effective from the date of posting.

11.          ACCESS TO YOUR PERSONAL INFORMATION

11.1.      You may at any time request:

11.1.1.           confirmation that we hold your personal information;

11.1.2.           access to your personal information;

11.1.3.           the identities or categories of third parties to whom we have disclosed your personal information; or

11.1.4.           that we correct or delete any personal information that is incomplete, misleading, inaccurate, excessive or out of date.

11.2.      Requests may be made in writing to info-mobucks@out-there-media.com.