charge to mobile turkey framework - infomedia · 2018. 11. 2. · online and/or mobile advertising...


DOCUMENT CONTROL

TITLE: CHARGE TO MOBILE TURKEY FRAMEWORK

OWNER: Iain Lill

VERSION CONTROL

VERSION AUTHOR /DATE

COMMENTS

1.00 IL

27/07/2016 o Initial version

1.01 IL

14/10/2016

o Change to flow for Turkcell, Checkbox flow now permitted for services priced at 5TL or less

o Moved User Service Access to a more logical positioning in section 6


CONTENTS

1 INTRODUCTION ................................................................................................. 5

2 CONTACT ........................................................................................................... 5

3 BREACHES ......................................................................................................... 6

4 COMMENCEMENT OF A SERVICE ................................................................... 7

5 CULTURAL POLICY ............................................................................................ 8

5.1 TRUTHFULNESS ......................................................................................... 8

5.2 LEGALITY ..................................................................................................... 8

5.3 PRIVACY ...................................................................................................... 8

5.4 HARM AND OFFENCE ................................................................................. 9

6 SUBSCRIPTION SERVICES ............................................................................. 11

6.1 ACTIVATING AND DEACTIVATING SUBSCRIPTION SERVICES ............ 11

6.2 USER SERVICE ACCESS .......................................................................... 11

6.3 'FREE TRIAL' PERIODS ............................................................................. 12

6.4 GROWTH CAPS ......................................................................................... 12

6.5 RETRY POLICY .......................................................................................... 12

6.6 SPEND LIMITS ........................................................................................... 12

7 ADVERTISING & MARKETING ......................................................................... 14

7.1 LANGUAGE AND CURRENCY .................................................................. 14

7.2 AFFILIATE MARKETING ADVICE: ............................................................. 14

7.3 MARKETING OPT-IN .................................................................................. 16

7.4 ADVERTISING BANNERS ......................................................................... 16

7.5 SUBSCRIPTION FLOWS OVERVIEW ....................................................... 17

7.5.1 OVERVIEW .......................................................................................... 17

7.5.2 CHECKBOX/SINGLE PAGE FLOW (3G/4G) ....................................... 17

7.5.3 PIN FLOW (3G/4G/WIFI) ...................................................................... 18

7.6 LANDING PAGES ....................................................................................... 18

7.6.1 IMAGE .................................................................................................. 18

7.6.2 CALL TO ACTION BUTTON ................................................................ 18

7.6.3 SERVICE INFORMATION .................................................................... 19

7.6.4 PAGE LAYOUTS .................................................................................. 20

8 TERMS & CONDITIONS AND PRIVACY POLICY ............................................ 21

8.1 TERMS AND CONDITIONS........................................................................ 21

8.2 PRIVACY POLICY ...................................................................................... 23


9 CUSTOMER MESSAGING ................................................................................ 23

10 CUSTOMER SUPPORT .................................................................................... 24

10.1 CUSTOMER CARE CALLS ..................................................................... 24

10.2 MERCHANTS COMPLAINTS HANDLING PROCESS ............................ 25

10.3 CARRIERS COMPLAINTS HANDLING PROCESS ................................ 25

10.4 TIMEFRAMES ......................................................................................... 25

10.5 REFUNDS ............................................................................................... 26

10.6 UNSUBSCRIPTION FUNCTIONALITY ................................................... 27

10.7 CUSTOMER SUPPORT KEY PERFORMANCE INDICATOR ................ 28

11 DATA ................................................................................................................. 29

11.1 CUSTOMER CARE DATA ....................................................................... 29

11.2 STORAGE ............................................................................................... 29

11.3 ENGAGEMENT DATA ............................................................................. 30


1 INTRODUCTION

This document applies to premium rate services (PRS) that run billing via

INFOMEDIA for customers in the Republic of Turkey.

The document provides the framework for all services that use the INFOMEDIA

Mobile Payment Platform in the territory. Merchants must follow this guidance on the

user acquisition flows and in-life messaging to ensure the operation of compliant

services with minimal customer service impact.

Evidence of compliance with this Framework must be documented in Merchant’s

Product Pack because INFOMEDIA, as holder of the exclusive right to bill users for

merchant services, are continually required by the carriers and regulatory bodies to

ensure that due diligence has been undertaken on every service before its launch.

The Product Pack is a mechanism for INFOMEDIA to collect the necessary

information to undertake that review.

INFOMEDIA may provide the Product Packs to the carrier for their clearance as well.

INFOMEDIA will undertake quality and content reviews on every service prior to

launch to ensure compliance with this framework; furthermore INFOMEDIA shall

conduct ad-hoc monitoring of services to ensure on-going compliance in addition to

automated monitoring of key service metrics.

In addition to the requirements set out in this framework, all services must comply

with regulation issued by the Ministry of Science, Industry and Technology, the

Information and Communication Technologies Authority and the Banking Regulation

and Supervision Agency at all times. Particular attention is drawn to the Electronic

Communications Law No. 5809 and the By-Law on Consumer Rights in the

Electronic Communications Sector (particularly Article 7 on Premium Rate Services).

2 CONTACT

Any merchant requiring advice or clarification should contact

[email protected] or their Account Manager at INFOMEDIA.

Any advice provided is not legal opinion, as INFOMEDIA are not legal or regulatory

specialists on any matters regarding the territory.

mailto:[email protected]


3 BREACHES

If a breach of this framework is found by INFOMEDIA, the network, or the regulator,

the Merchant will be notified through a formal email from the INFOMEDIA

Compliance Team. Attached to this email will be a report detailing the nature of the

breach. Merchants are required to make corrective changes within 24 hours,

reporting back to INFOMEDIA within that time to allow for internal testing. Please

note that the turnaround time applies 7 days a week.

INFOMEDIA will record any breaches noted from our automated monitoring and from

our manual compliance testing. This will be compiled into a report and included in

INFOMEDIA’s monthly review with the carrier.

The report shall detail all compliance KPI’s as well as all breaches. This will allow all

interested parties to see the trend for any specific product or Merchant.

Where breaches of this framework result in penalty or other charges to be levied on

INFOMEDIA by any third party such as a carrier or regulatory body these charges

shall be deducted from the Merchant’s revenue share.


4 COMMENCEMENT OF A SERVICE

The following information is required from each Merchant before the commencement

of a service and must be included in the Product Pack:

o Merchant’s identity and business contacts and company details (company

detail requirements will be sent over by Account Managers);

o The name and description of the service, as it will be known by the end user;

o Full cost of the service in Turkish Lira.

o The Merchant’s customer care or Helpline number (where applicable, see

‘Customer Support’ section below);

Copies of: o Advertising and Landing Pages for launch complying with Advertising &

Marketing section;

o Marketing plan for launch

o Full Terms and Conditions as they will appear in the service;

o Copies of Customer Support scripts including any answerphone messages

and IVR messages (where applicable);

o Confirmation of which of the pricing models is, or are, used (if not subscription

or if in addition to a subscription model);

o A monthly forecast based on a shared template to indicate the expected

revenue projections for each product to act as a reference measuring the

performance;

o Screenshots of testing scenarios.


5 CULTURAL POLICY

5.1 TRUTHFULNESS

The service must meet the following criteria:

(i) No communication shall be deemed misleading to the consumer.

(ii) No untrue claims about the service may be made.

(iii) Footnotes and disclaimers must be visible, legible, and understandable (i.e.

not hidden below the fold).

5.2 LEGALITY

Marketing communications and service content shall comply with the laws, heritage

and the religious, moral, cultural, and social norms of the Republic of Turkey and not

encourage any unlawful or immoral behaviour.

5.3 PRIVACY

Customers shall not be tracked in any way that exposed their private information

without clear consent. Any stored information shall be stored safely, encrypted and

should not be shared with 3rd parties. A Privacy Policy must be made available to

customers before and after the user has purchased/subscribed. See section ‘Privacy

Policy’ for more details.


5.4 HARM AND OFFENCE

Services and marketing communications not consistent with the requirements of the

local law and code of practice are not permitted, particularly Regulation On The

Principles And Procedures Of Regulating The Publications On The Internet (Law No.

5651). The following guidelines highlight specific areas of prohibition on certain

content within advertising and services:

VIOLENCE

Torture and violence including all forms of practices that could result in

injury or serious damage to health;

Any weapons, weapon accessories and/or explosives or inducement of

sale of such materials;

Self-harm, suicide and bullying;

Terrorist activities;

Genocide;

‘Hate speech’ or any content which contains images that are offensive,

profane, threatening, harmful, harassing or discriminatory content that is

racially or ethnically offensive or encourage such conduct;

Criminal offences such as murder, taking somebody as hostage etc;

Graphic descriptions of violent acts.

SEXUAL MATERIALS

Any sexually explicit content;

Nudity or transparent clothing (non-transparent bikinis are permitted in a

sporting or fashion context where the obvious focus is not on the woman);

Any pornographic content;

Any display of genitals or topless or naked people (whether the genitals

are visible or not e.g. from behind) except in the case of a naked male

torso in a sporting context such as swimming;

Promotion or inducement of human trafficking;

Graphic descriptions of sexual acts.

DEFAMATION

Defamation, denigration, mockery, insults or any derogatory content, or

threats of violence, regarding any of the following:

o individuals;

o a religion;

o an object or place of religion;

o heads of state (foreign or domestic);

o foreign representatives

o public officials (including any political establishment);

o the court or judges.


OTHER PROHIBITED CONTENT

Political content

Content which incites immoral acts, crime or hatred, including instructions

on bomb-making, illegal drug production or counterfeit products;

Dissemination of false information likely to mislead (including partial

information), including:

o Outbreaks of racial disturbances

o Terrorist incidents

o Outbreaks of deadly or infectious diseases

Offensive language, including:

o Disparaging or abusive words calculated to offend an individual or

group of persons;

o Obscenity;

o Hate speech against a person or group or people on the basis of

race, ethnicity, religion, nationality, gender, sexual orientation or

disability;

Discriminates based on race, gender, colour, religious belief, sexual

orientation, disability

Gambling services (any games of chance involving money or prizes);

Biased portrayals based on gender;

Relate to drugs, alcohol,

Relate to horoscopes, fortune telling, tarot or similar;

Materials that include or introduce malicious programs into End Users’

equipment or the Operator network including, but not limited to: viruses,

worms, Trojan horses, e-mail bombs, cancelbots or other computer

programming routines that are intended to damage, interfere with,

intercept or expropriate any system, data or personal information,

including executing any form of network monitoring that will intercept data

not expressly approved for use.

Online and/or Mobile Advertising shall also not be placed on prohibited Websites,

Mobile Sites, and/or Applications, or Websites, Mobile Sites and/or Applications that

contain any of the above listed material.


6 SUBSCRIPTION SERVICES

6.1 ACTIVATING AND DEACTIVATING SUBSCRIPTION

SERVICES

Subscribers must have expressly activated the service.

Subscribers must not be deemed to have accepted a subscription simply by not

opting out of an offer, with the exception of services with a free period.

The method of service deactivation shall be no more complicated than activation of

that service.

Exit interviews may be conducted with the end user’s permission, providing the

interview occurs after service deactivation.

Where a user unsubscribes during a billing period for which a payment has already

paid the service must remain accessible to the user until that billing period has

ended.

Subscribers must be made aware of and consent to any service upgrade or

migration.

All subscription and/or onetime payment services should be in Turkish.

6.2 USER SERVICE ACCESS

For regulatory reasons Merchants must, upon a user being successfully subscribed,

provide a username and password or service login URL which shall be included in or

alongside the welcome message and in the case of the URL permanently

available/active for the duration of the user’s subscription. This does not however

preclude login token and cookies being implemented for the user to access their

services after the first time.


6.3 'FREE TRIAL' PERIODS

Free trial periods are not common in Turkey. If a services wishes to offer a free trial

period this shall be reviewed and approved by carriers on a case by case basis.

Any period of access to a service described as a ‘Free’ period in promotional

material must not be subject to any restriction on that access or obstruction (e.g.

pop-ups reminding the user to subscribe).

6.4 GROWTH CAPS

New merchants launching services through INFOMEDIA shall be subject to revenue-

based growth caps during the first 3-6 months of operation.

This is to ensure that customer service rates can be monitored and kept at a

manageable level in the early stages of the service and identify any potential

problems without causing excessive CS traffic to carriers.

Growth cap curves will be bespoke and developed with individual merchants by

INFOMEDIA's account managers.

6.5 RETRY POLICY One billing attempt may be attempted every 24 hours for 60 days after which the

subscription shall be cancelled (if not already) and no further billing attempts may be

made.

No billing retries can be attempted where a carrier error message ‘Number is ported’

has been received (INFOMEDIA shall communicate to merchants where that error is

received).

6.6 SPEND LIMITS

There is a maximum single transaction limit of 100TL across all operators.

Turkcell have a subscriptions limit of 14TL per week and a per-user limit of 300TL

per month.

Other operators have no pre-set subscription limit however when products are

reviewed for approval it may be refused if the price appears unreasonably high.

If and when a user reaches their spend limit the transactions are blocked by the

operator.


7 ADVERTISING & MARKETING

Advertising is where merchants use third party advertising to promote services to

end users. INFOMEDIA advise that all advertising be contextual and in appropriate

media.

Merchants shall not promote their services within games, applications, mobile

internet sites or fixed line web sites that are specifically targeted at children under 16

or where their primary market is children under 16 years of age or where surrounding

content is in breach of any item under section 6.

Merchants may target services specifically for tablets however these services should

not include header enrichment.

Merchants are responsible for checking the appropriateness of the placing of all

marketing and promotional material even if an advertising network is being used.

Merchants must provide INFOMEDIA with a documented process that demonstrates

the steps they take in which they protect against any breaches of these

requirements. Merchants are required to document this process using the

Advertising Control Template in the Product Pack. We recommend that Merchants

have an advertising whitelisting process and contractual steps with their advertising

partners to add in these reassurances.

7.1 LANGUAGE AND CURRENCY

All advertising and services shall be in the Turkish language.

All prices shall be stated in Turkish Lira, either in the format ‘##TL’ or ‘₺#,##’

7.2 AFFILIATE MARKETING ADVICE:

Merchants that use affiliate marketers are responsible for ensuring that promotions

are compliant, regardless of whether this activity is sub-contracted, and active

monitoring must be part of the Merchants own ongoing compliance processes.

Clear expectations must be placed on affiliate marketers around compliance and

Merchants must obtain a clear commitment to this end as part of any contract

signed.

Expectations include (but are not limited to):

o Clear description of the service;

o Price and other key information must be clearly stated and written in the

correct format (see above).

o Any marketing be directly related to the PRS offering i.e. not unrelated or

misleading;

o Affiliates must not engage in any misleading practices.


o All promotional materials and placement must meet the requirements of the

Cultural Policy section above.

The following practices are not permitted by a Merchant or their affiliate marketer:

o Promoting products and services in a misleading manner;

o Promoting unrelated content based on popular search terms among natural

search results;

o Redirecting users to unrelated third party websites to promote unrelated

content;

o Hijacking or automating clicks to redirect users to unrelated third party

websites to promote unrelated content;

o Automating clicks or otherwise promoting false positive inputs on any Call to

Action that leads to the end user being signed up to a service;

o Posting false URL links on social networking websites to mislead users;

o Misleading users into liking webpages they did not intend to like;

o Inserting malicious code within advertisements;

o Sending deceptive email spam;

o Entice users to non-existent content via social network ‘liking’;

o Sending advertisements that might be perceived as official notifications;

o Using misleading advertisements, including banners, pop-ups, and pop-

unders;

o Misleading users into completing PRS offers to unlock content;

o Use of Malicious Software or Trojans to lock users’ internet browsers until

payment is made or subscriptions joined in order to unlock browsers.

It is recommended that Merchants analyse their traffic on an ongoing basis,

responding to any abnormal activity and gaining an understanding of how consumers

arrive at a promotion, and monitor and audit their affiliate marketing periodically

regardless of activity to ensure that is both effective and compliant. INFOMEDIA may

request evidence of these activities as part of our ongoing compliance checks.

For the avoidance of doubt, Merchants must, on request by INFOMEDIA, be able to

provide full details of all advertising including copies of all adverts together with

URLs and advertising flows/logs to show how any individual end user has signed up

to a service.

NON-EXPLOITATION OF CUSTOMERS

Marketing communications shall not exploit lack of knowledge, experience or

understanding by Consumers, nor take advantage of any vulnerable groups or

individuals.


7.3 MARKETING OPT-IN

Users must always actively opt-in to receive marketing by making a positive choice.

This could be a tick box being checked, an appropriately labelled button of link being

clicked or a message keyword being sent.

Subscription to or purchase of products or services cannot be contingent on a user

opting in to marketing.

Opt-in must never be automatic or the default option; the default in all circumstances

must be opted out. For example; a Tick Box next to the message ‘Receive

Gameshub updates and special offers’ must by default be unticked.

Where a user has opted-in they must in all marketing have a clear and unambiguous

method to opt out in no more than two clicks and deactivation from marketing lists

must take effect within 3 calendar days. We recommend that all messages in any

format contain a link to a simply designed opt-out portal where the user can click a

single button or link and they will be removed from all marketing lists.

7.4 ADVERTISING BANNERS

All PRS promotions must be as accurate as possible and must not mislead.

Promotions must clearly state what the service is, how it operates, and its cost,

billing frequency, displaying relevant key information in a visible, legible and

proximate format.

Advertising must:

o Include the name of the service, or a clear description for it;

o Be directly related to the service being advertised;

o Not directly target an audience under the age of 18;

o Not be in the form of self-initiating pop-ups;

o Not be self-clicking;

Service Name, price and billing frequency to be detailed on the banner and

presented in a minimum font size 12pt.


7.5 SUBSCRIPTION FLOWS OVERVIEW

There are two subscription flows available:

7.5.1 OVERVIEW

Landing pages and subscription flows are hosted and managed by INFOMEDIA’s

regional partner Trend Ödeme Kuruluşu A.Ş.

User acquisition flows in Turkey vary by carrier but broadly are either PIN flow or

Checkbox/Single Page flow.

The precise implementation of the flows differs slightly for the three different carriers;

Turkcell, Avea and Vodafone:

TURKCELL AVEA (TURKTELECOM) VODFONE

3G/4G

Checkbox/Single Page for

services costing 5TL or

less.

PIN Flow with MSISDN

Detection for services

costing more than 5TL

Checkbox/Single Page

Flow

PIN Flow (no MSISDN

Detection)*

WIFI PIN or Password Flow, User MSISDN Entry

*planned move to double click flow when MSISDN detection become available

Individual page flows will need to be submitted for each operator although the pages

themselves are similar, so 4 flows in total per product.

The user journeys for those flows are as follows:

7.5.2 CHECKBOX/SINGLE PAGE FLOW (3G/4G)

o Available on Avea (formerly Turktelekom) and Turkcell

o User clicks on banner and is taken to landing page.

o User ticks checkbox labelled Onayloyorum (I Agree).

o User clicks on CTA.

o User is subscribed, shown success page then redirected to service.

o User is sent Welcome message.


7.5.3 PIN FLOW (3G/4G/WIFI)

o Available on all networks

o User clicks on banner and is taken to landing pages

o User enters MSISDN if required.

o User clicks on CTA.

o User is sent a PIN

o User sends enters PIN and clicks CTA

o User subscribed and is sent Welcome message.

Currently services with one time payments are not available.

7.6 LANDING PAGES

The layout (in terms of the order of the page elements from top to bottom) and

content of pages is strictly prescribed as detailed in the sections below.

7.6.1 IMAGE

The service’s graphic shall be displayed as a single image (see Layouts below),

ensuring compliance with the Cultural Policy and Advertising requirements above.

The image does not have to contain the service name, although if it does not feature

the service name this must be displayed above the image in plain text (centralised

next to the Exit Button).

7.6.2 CALL TO ACTION BUTTON

The button image must be of sufficient quality to ensure the text remains legible

when scaled to 65% of the width of a variety of smaller screen sizes (particularly

iPhone).

The text size must be such that it scales to no less than 12pts on the smallest

screens.

The text should be clearly contrasting to the background colour, and the button

background colour should be contrasting to the prescribed page background colour.

The text should be related to the service, for example ‘Play Now’ for games services,

‘Watch Now’ for video services, ‘Protect Now’ for security services.

Note that the checkbox is a mandatory formulation for the single page flow.


7.6.3 SERVICE INFORMATION

Name of service

Short description of service (e.g. Games service, Videos service, Weather

service)

Price & billing frequency

STOP keyword

Customer Service telephone number

URLs for links to Terms & Conditions and Privacy Policy

Data charged at standard network rates

Font size must be at least 16px, clear and legible to the average reader and in

a colour clearly contrasting to the background.

English is used in the layouts below for ease of reference, all text shall be in

Turkish


7.6.4 PAGE LAYOUTS

PIN FLOW

DOUBLE CLICK FLOW


8 TERMS & CONDITIONS AND PRIVACY

POLICY

The user must at all times whilst they are a subscriber be able to access links to the

full Terms and Conditions of service and Privacy Policy.

8.1 TERMS AND CONDITIONS

The minimum required information is set out in the table below with format examples,

although it is expected that Merchants will wish to have substantially larger terms

and conditions for their services. The full terms for each service must be provided as

part of the product packs submitted to INFOMEDIA. The terms must clearly start at

the top of the linked page and be in a font size easily legible to the average reader.

Best practice would be to allow zooming/enlargement.

Required information Format example

Type of Service e.g. games/apps/sports/music subscription

This is a [type of service e.g. games/apps/sports/music] subscription service…

Name of merchant and/or brand if part of merchant name

…provided by [name of merchant and/or brand if part of merchant name].

Details of price, billing frequency, any free period and statement that renewal will be automatic.

[The service is free for 24 hours. After the free period,] You will be charged [X] TL every [billing frequency] and your subscription will be renewed automatically.

Statement as to when billing will take place (considering both pre-pay and pay monthly customers)

These charges will be due from your pre-pay balance within 24 hours of the start of your subscription and then (daily/weekly/monthly) thereafter]/[every (weekday)] or added to your monthly mobile bill for this phone.

Unsubscription details giving both SMS keyword/shortcode and URL link.

You can unsubscribe from the service by sending STOP [keyword(s)] to short-codes for the different operators] or by visiting here: [clickable hyperlink].

Statement that network data charges may apply

Operator data charges may apply as per your tariff.


Statement confirming agreement to full terms and conditions and link to the full terms of service (if presented separately) and privacy policy.

By signing up for and/or using the service you acknowledge and confirm that you have read the Terms & Conditions and Privacy Policy [Privacy Policy must be a hyperlink that take the user to a page with the full Privacy Policy of the service],

Statement on residency …that you are a resident of the Republic of Turkey,

Statement on age and/or account holder consent

…you are 18 years or older and/or are the mobile account holder or you have consent from the mobile account holder,

Customer support details Help desk email: [FAQ page/email address]

Merchant details: Company name and registered office or address for contact, Company registration number and place of registration

This service is powered by [company details]

If applicable: Statement setting out any specific handset capabilities are required to access a service.

This service is not available on devices running the Windows operating system.

If applicable: Statement setting out any restrictions on when the service is available.

The “Live Consultation” part of the service is only available between 8am and 6pm Monday to Saturday.

If applicable: Statement setting out any exit charges or penalties

EXAMPLE:

This is a games subscription service provided by Games Hub Ltd. You will be

charged 30 TL every week and your subscription will be renewed automatically.

These charges will be due from your pre-pay balance within 24 hours of the start of

your subscription and weekly thereafter or added to your monthly mobile bill for

this phone. You can unsubscribe from the service by sending STOP to 80508 or by

visiting here: Unsubscribe. Operator data charges may apply as per your plan. By

signing up for and/or using the service you acknowledge and confirm that you have

read the Terms & Conditions and Privacy Policy, that you are a resident of the

Republic of Turkey, you are 18 years or older and/or you have consent from the

mobile account holder. Help desk email: email [email protected]. This service is

powered by Games Hub Ltd, registered office 1 The Grange, Sunnyside, London,

SE5 9FL registered in England and Wales number 531234677.


8.2 PRIVACY POLICY

Merchants shall make a Privacy Policy available to users both before and after the

purchase/subscription of their services. Under the Data Protection Law, any information

relating to an identified or identifiable real person is considered personal data. Particularly

note the Regulation Concerning The Processing Of Personal Data And The Protection Of

Privacy In The Electronic Communications Sector to the Electronic Communications Law

No. 5809.

Merchants should take legal advice as to the content of their Privacy Policies and

operational data protection requirements for the territory. Policies must set out how the

following principles apply to the processing of user’s personal data:

How personal data is legitimately processed if the data subject's explicit consent is

obtained or such data is publicised by the data subject.

That personal data is accurate, and, if necessary, up to date.

That personal data is kept no longer than is necessary for the purposes it has been

collected.

That processing must be for a legitimate and specified purpose in accordance with

law and good faith.

That personal data can be transferred abroad with the data subject's explicit consent

and what safeguards are in place.

The identity of data controller, purposes and means of processing and conditions

under which the personal data can be transferred to third parties.

How data subject's requests for information on and erasure or rectification of their

personal data are met.

That the data processors and controllers are registered with the Personal Data

Protection Authority.

Additionally, Merchants and IMS must retain the electronic contracts and the data relating to

the transactions for at least three years (Consumer Protection Law No. 6502 and the

Regulation on Distance Contracts). The electronic contracts and other relevant data must be

submitted and made available to consumers and authorised governmental entities when

requested.

9 CUSTOMER MESSAGING

All operational customer messaging will be conducted by INFOMEDIA’s regional partner Trend Ödeme Kuruluşu A.Ş. including STOP commands Merchants shall provide a keyword for their service’s STOP function.


10 CUSTOMER SUPPORT

The following section details the requirements of customer support management where a Merchant provides their own customer service support.

10.1 CUSTOMER CARE CALLS

The carriers expect the Merchants to take primary responsibility for all Customer

Support activities on the services. 80% of all queries must be resolved within 24

hours. Merchants must comply with the relevant requirements of Communique On

The Implementation Of Annex-4 Of The By-Law On Quality Of Service In The

Electronic Communications Sector

(http://btk.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fCommunique%2fCommun

ique%20On%20The%20Implementation%20Of%20Annex-4%20Of%20The%20By-

Law%20On%20Quality%20Of%20Service%20In%20The%20Electronic%20Commu

nications%20Sector.pdf).

NUMBER

Merchants are required to provide a toll-free consumer care line for any person to

make enquiries or complaints about a purchase.

LANGUAGE

Turkish only.

HOURS OF OPERATION SUPPORT

The contact number must be in operation with staff available to handle queries or

complaints during local office hours (e.g. from 9am to 5pm Sunday to Thursday).

OUT OF HOURS

When staff are not available an announcement about the working hours of support

staff must be made and suitable provision must be made for the end user to leave

details relating to a query e.g. by voicemail. All voicemail messages must be

returned within 1 working day.

EMAIL/ PORTAL

There should also be 24/7 customer support options available through email and

service portals. Where an end-user contacts the Merchant by email an automated

receipt of the request must be sent. This should include a timeline for a response.

Email messages should be responded to within 1 working day.

CS SCRIPTS/ IVR’s

http://btk.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fCommunique%2fCommunique%20On%20The%20Implementation%20Of%20Annex-4%20Of%20The%20By-Law%20On%20Quality%20Of%20Service%20In%20The%20Electronic%20Communications%20Sector.pdf





It is recommended that scripts used on customer calls use a friendly tone of voice

and are in the local language and use a local accent

10.2 MERCHANTS COMPLAINTS HANDLING PROCESS

Where complaints are referred to the Merchant by INFOMEDIA, a regulator or the

carrier, either as a result of a call/email from an end user, a referral from the

regulator, or as a result of monitoring and testing, it is the Merchant’s responsibility

to ensure this is logged and, where the Merchant provides CS services, an

automated response sent immediately. As a minimum this must contain

acknowledgement of receiving the complaint and a timeframe for the subsequent

full and detailed response.

10.3 CARRIERS COMPLAINTS HANDLING PROCESS

Customers contacting the carrier’s customer support will be referred to the relevant

Merchant’s customer support team (where applicable). Where customers directly

contact INFOMEDIA, INFOMEDIA will escalate it to the relevant Merchant through

CS Lite.

Where a customer query has been escalated by INFOMEDIA or the carrier, the

Merchant will receive an email, example detailed below, containing the customer’s

MSISDN, the service they are querying, their contact email address, and the reason

the Customer Support agent is escalating their query:

The Merchant must respond directly to the provided customer email address with a

resolution within 24 hours of receiving the request. A confirmation receipt must also

be sent to INFOMEDIA in order to track the progress of the query, once the query

has been processed. Please note that the format of the email from INFOMEDIA

may change from time to time.

10.4 TIMEFRAMES

Deactivation and refund requests should be executed within 1 Working Day.

Service/Product Issues should be executed within 24 hours from the time the

issue is reported.

Dear [content provider]

Transaction number XXXXXXXX is a Subscription Payment for [service name] ordered from [content

provider] on [date]. Billing for this transaction was attempted on Direct bill and was

successful.

Customer’s email address: [[email protected]]

[Reason customer query is being escalated, e.g. Please cancel this service. The customer has

also requested refund. Please investigate]

Regards

InfoMedia Support


10.5 REFUNDS

REFUND SITUTATIONS

An end-user always has the right to request a refund and refunds must be given in

Turkish Lira however can be by way of Western Union or a similarly reputable local

or internationally recognised money transfer service. In the following circumstances

a refund must always be given (this list is non-exhaustive):

o For users on the Turkcell network, where they request unsubscription within

the first 24 hours of subscription they must be provided a full refund in all

circumstances.

o The end-user was over-charged, charged back-dated, or charged before the

renewal date of their subscription;

o The service was not working or never provided;

o The end-user was charged for a subscription service after they initiated a stop

request;

o The end-user was charged after complaining a service did not work;

o The end-user was charged after the maximum time period for user inactivity.

o The end-user stating they are unhappy with the service, don't know how they

subscribed

o An upheld regulator complaint

However for those customers who contact CS requesting to unsubscribe only/

unsubscribe and require more information on the service should not be automatically

offered a refund, unless the operator requests otherwise.

If a merchant also offers a refund where the user not satisfied with the content, the

merchant must ensure that their CS script clearly informs those users that the user

had subscribed to the service and that the refund is pursuant to the ‘unsatisfied’ term

of the contract.

Merchants shall provide a copy of their refund policy to INFOMEDIA.

REFUND REPORT

Merchants must produce a monthly report of all customer given refunds, fully or

partially. This must be provided to INFOMEDIA on the first of every month (covering

activity in the previous month) in the below format:

Date/Time TransactionID MSISDN Content Name

Original Charge

Refund Amount

Reason


10.6 UNSUBSCRIPTION FUNCTIONALITY

CS LITE

Merchants who run their own subscription engines must provide INFOMEDIA with

an unsubscribe function for the customer support tool CS Lite. To do this,

INFOMEDIA require a URL which we will submit unsubscribe instructions to. To

ensure that we can capture all successful unsubscription actions, the Merchants

application will need to unsubscribe the user in real time and respond with an HTTP

200 OK status. If any other status is received INFOMEDIA’s system will assume

that the user has not been unsubscribed and the customer will be referred to the

Merchant. We have put together a format for the URL below:

https://www.example.com/?msisdn={MSISDN}&bpid={BPID}

The Merchant must provide an HTTPS URL in the above format so we can

configure this in CS Lite for the Merchants services.

SELF HELP SITE

To limit online exposure to negative publicity all merchants shall offer a ‘Self-Help’

portal enabling a further un-subscription mechanism for consumers, which will be

online and accessible through Google search terms for the product and/or

merchant. An unsubscribe option or link should also appear reasonably prominently

on product or merchant main pages, where such pages exist and in text which is

clear and easily legible to the average reader.

INFOMEDIA recommends that Google search ranking management is used to

ensure that the portal shall appear first or second place (where first place is the

product or service main page) in such searches.

This will help ensure that dissatisfied customers’ primary online contact is with the

merchant who is best placed to assist.

Any unsubcription site or service must be clear and unambiguous in how a user can

unsubscribe.

EXAMPLES

Do not use:

1. Reversed Yes/No: ‘Are you sure you want to unsubscribe? Yes / No’; then

‘Do you want to stay with the service? Yes / No’

2. Double Negative: ‘Do you not want to unsubscribe? Yes / No’

3. Ambiguity: ‘Are you sure you want to unsubscribe? You will miss out on all

the fun – Yes / No’

Encouraging content can be included in case the user want to unsubscribe, for

example: “If you unsubscribe now you will miss out on the below great games” with

games screenshots.

https://www.example.com/?msisdn=%7bMSISDN%7d&bpid=%7bBPID%7d


10.7 CUSTOMER SUPPORT KEY PERFORMANCE

INDICATOR

Where possible INFOMEDIA will monitor customer reaction to merchants’ products

by use of the following CS KPI:

Of the customers that experienced the product in the last 8 weeks, what percentage

of those end users made a query into CS?

The calculation is:

𝑇𝑜𝑡𝑎𝑙 𝑈𝑛𝑖𝑞𝑢𝑒 𝐶𝑎𝑙𝑙𝑒𝑟𝑠

𝑃𝑟𝑜𝑝𝑒𝑛𝑠𝑖𝑡𝑦 𝑇𝑜 𝐶𝑎𝑙𝑙 𝑈𝑛𝑖𝑞𝑢𝑒 𝑈𝑠𝑒𝑟𝑠= 𝑥%

o Total Unique Callers – the number of views of a merchant product in the CS

database. This indicates that a CS agent has reviewed that product and

MSISDN as part of a CS Call.

o PTC Unique Users – total number of unique users attempted to bill 8 weeks

before the end date of the selected report period.

This KPI gives context to the CS call volume relative to the size of the users on a

service and not a call volume alone. This is a requirement encouraged by

INFOMEDIA and its business partners to give context to the level of calls and a

metric that they understand.

The KPI is calculated on a weekly and monthly basis.

The weekly reports provide ongoing indications of performance to highlight any

emerging risk trends (allowing for remedial activity), however due to the nature of the

sample periods for weekly reporting do not provide a precise result.

The monthly report is the final outcome by which merchants’ performance will be

measured.


11 DATA

11.1 CUSTOMER CARE DATA

Where the Merchant provide customer support services they must send data to

INFOMEDIA on their customer support on a weekly basis by COP Monday. This

data should be based on the Monday to Sunday that has just occurred i.e. the data

will be shared 24 hours after the week the data is related to has ended.

This should detail the following for each customer care interaction:

MSISDN/token;

INFOMEDIA BPID;

Service/ product name;

Date and time of call;

Call duration (optional);

Care interaction type (call, email, web form, letter, fax, other);

Reason for call;

Call outcome (e.g. information of service, stop, stop and refund, refund only,

etc.);

Call closed (yes, no);

Source of this call (direct from the customer, referral from the network, referral

from INFOMEDIA, a request from the regulator);

Users unsubscribed as a result of inactivity.

11.2 STORAGE

All:

Calls,

Emails,

Conversations

Messages,

Accessed IP’s

User agent profiles

Visited pages

Advertisements

Shall be stored for a full year. In a new full page, original layer on top of the same

page.

All payment and customer personal data must be retained for 10 years (Payment

Services Law No. 649).


11.3 ENGAGEMENT DATA

The Merchant must hold and be able to send data on their customer engagement at

the request of INFOMEDIA. INFOMEDIA may provide a template and/or API to

specify the data they require as part of this. An example of some of the information

that would be requested for the MSISDN is below:

Banner click, URL, date and time (destination and screenshot if possible)

Landing page URL, date and time (destination and screenshot if possible)

Time clicked call to action

User engagement with service (Duration of session, T&Cs accessed, FAQs

accessed)

Message logs (Description of the messages sent to customer, type, delivery

status, cost)

AFFLIATE NETWORK DATA

The Merchant must hold and be able to send data on their affiliate networks at the

request of INFOMEDIA. INFOMEDIA may provide a template and/or API to specify

the data they require as part of this. An example of some of the information that

would be requested for the MSISDN is below:

o Number of calls v acquisitions per affiliate