3.1 General responsibilities (including funding)
3.2 Provision of information
3.3. General duties of service providers
3.4 Data protection
3.5 Engagement of associated individuals
3.1.1 Service providers are responsible for ensuring that the content and promotion of all of their premium rate services (whether produced by themselves, information providers or others) comply with all relevant provisions of this Code.
3.1.2 Service providers are responsible for funding PhonepayPlus in accordance with the funding provisions in Annex 1.
3.1.3 Any direction or notice required to be given in accordance with any of the rules or procedures in this Code shall be effective if sent in writing to the postal address, fax number or e-mail address provided. In the case of post, delivery is presumed to have taken place on the first working day following posting.
3.2.1 Before providing any premium rate services, service providers must register with PhonepayPlus by completing online or lodging with PhonepayPlus a registration form (available for completion on the PhonepayPlus website or from PhonepayPlus) and receive an acknowledgement (which may be electronically generated) from PhonepayPlus.
3.2.2 Service providers must provide to PhonepayPlus without delay such information as it may require for any purpose relating to this Code which may include but is not limited to:
3.2.3 Changes or additions to information provided to PhonepayPlus in the registration form or otherwise in accordance with this Code must be notified to PhonepayPlus and to the relevant network operator without delay.
3.3.1 Where certain codes or number ranges have been designated by either Ofcom or a network operator for use only for particular purposes or for the provision of particular categories of service, or where Ofcom or a network operator has restricted certain codes or number ranges from being used for particular purposes or for the provision of particular categories of service, those codes or number ranges must not be used in contravention of these restrictions. Ofcom’s designations will have precedence over any issued by a network operator.
3.3.2 Before promoting or providing services, service providers must have readily available all documentary and other evidence necessary to substantiate any factual claims made. This material, together with a statement outlining its relevance to the factual claim in question, must be provided without delay if requested by PhonepayPlus.
3.3.3 Service providers must use all reasonable endeavours to ensure that all of their services are of an adequate technical quality.
3.3.4 Service providers must bring the Code to the notice of any information providers with whom they contract in respect of the provision of premium rate services and must, in that contract, require that information providers comply with the Code.
3.3.5 Service providers must ensure that there are in place customer service arrangements which must include a non-premium rate UK customer service phone number and an effective mechanism for the consideration of claims for refunds and their payment where justified.
3.4.1 Service providers must make a notification to the Office of the Information Commissioner under the Data Protection Act 1998 and must, in their notification:
3.4.2 Service providers must not give any undertaking to service users, suppliers, network operators, information providers or others which could preclude any information being given to PhonepayPlus in confidence. Service providers must warn consumers that any data collected may be passed to PhonepayPlus.
3.4.3 Services which involve the collection of personal information, such as names, addresses and phone numbers (which includes the collection of Calling Line Identification (CLI) or caller display information), must make clear to service users the purpose for which the information is required. The service must also identify the data controller (if different from the service provider or information provider) and any different use to which the personal information might be put, and give the service user an opportunity to prevent such usage.
Service providers must not engage or permit the involvement in the provision of premium rate services of any service provider and/or associated individual in respect of whom a sanction, which has been published, has been imposed under paragraphs 8.7.2f or 8.7.2g so as to enable the service provider and/or associated individual to operate in breach of that sanction.