SPAM Policy

Australia's new SPAM Act came into full force on 10 April 2004 and has regulated the sending of email, SMS and other electronic messages of a commercial nature with Australian internet links.

The Act still won't cover the vast majority of SPAM, which originates outside Australia, however, the Government is hoping that its tough measures will lead to similar legislation being implemented in the US and Europe.

The SPAM Act regulates commercial electronic messages ("CEMs") by providing that, subject to limited exceptions, they:

1. Must not be sent without the prior consent of the recipient.  (That consent may be express or implied ("reasonably inferred") from the conduct, business and other relationships of the person or organisation concerned.);
2. Must contain a functional unsubscribe facility; and
3. Must accurately identify the sender of the message.

Important note: An addressee's failure to unsubscribe from a mailing list after having received a number of emails from Mobycom prior to the implementation of restrictions on the collection of email addresses (provided the emails clearly inform the addressee of the ability to unsubscribe) is considered to constitute conduct which implies consent. 

The Mobycom email database is managed in accordance with Privacy Act 1988 National Privacy Principles (Privacy Amendment (Private Sector) Act 2000 and it's email marketing practices comply with the provisions of the Spam Act 2003 and Spam (Consequential Amendments) Act 2003.

All email communications include a functional unsubscribe facility, including email, phone, fax and physical addresses to allow the communication of the addressee's wishes to cease receiving correspondence from Mobycom Mobile.

Any request to be removed from the Mobycom email database will be acted on within 72 hours of receipt of that advice, whether that advice be by email, fax, phone or mail.