CommCom Rules

In these rules

(a) Lodgement Obligations means the obligations to provide to Communications Compliance Ltd (CommCom) a Customer Information Compliance Statement, a positive Compliance Attestation or a Statement of Independent Assessment (if required) as prescribed by clause 10.4 of the Telecommunications Consumer Protections Code 2019 Incorporating Variation No.1/2022, or a relevant Compliance Achievement Plan under clause 10.5 of that Code;

(b) a carriage service provider which has complied with its Lodgement Obligations and paid all CommCom’s published fees and charges is described as a Member; and

(c) CommCom’s Website includes commcom.com.au (including any sub-domains) and any third party website used by CommCom to receive information or documents from carriage service providers.

Contact details

If there is a change to a Member’s contact details as registered with CommCom, the Member must update them without unnecessary delay.

Security

A Member must:

(a) keep its CommCom Website login credentials confidential and allow only duly authorised persons to use them to access the CommCom Website; and

(b) if the credentials are disclosed or used in breach of rule 3(a), notify CommCom without delay.

Backup data

A Member must retain a complete and readily accessible copy of all information submitted to CommCom (but not necessarily in exactly the same format as submitted) so that it can be resubmitted in case of defective transmission to CommCom or other good cause.

Privacy

(a) A Member that is subject to the National Privacy Principles (NPPs) in the Privacy Act 1988must comply with the NPPs in relation to its dealings with CommCom, and with the Member’s published Privacy Policy.

(b) A Member that is not subject to the NPPs must comply with the Member’s published Privacy Policy in relation to its dealings with CommCom.

Use of logo

A Member may display a CommCom logo (Logo Licence) on the following conditions:

(a) The Logo Licence is suspended for as long as the Member is in breach of its Lodgement Obligations (e.g. has neither lodged a complete Compliance Attestation nor an appropriate Compliance Achievement Plan).

(b) The Logo Licence is suspended for as long as the Member has not paid CommCom’s published fees and charges in connection with Lodgement Obligations, any other CommCom service, or membership.

(d) The Member acknowledges that the ‘Permitted Purpose’ of publishing the CommCom logo is to inform the public that it is currently a Member of CommCom and is up to date with its Lodgement Obligations and has paid all fees and charges.

(e) The Member must not publish the CommCom Logo:

- in a manner that is misleading or deceptive within the meaning of the Competition and Consumer Act 2012;

- so as to infer any sponsorship, affiliation or approval of the Member by or with CommCom that is misleading or deceptive;

- for any purpose except the Permitted Purpose; or

- in a manner that brings CommCom into disrepute.

(f) The Member must ensure that, where practicable, any online publication of the CommCom Logo hyperlinks to www.commcom.com.au.

(g) CommCom may issue usage guidelines for the CommCom Logo, which form part of these rules from 14 days after the Member is notified of them.

(h) Acting reasonably, CommCom may issue specific directions to a Member regarding the use of the CommCom Logo, and the Member must comply with the direction or cease publishing the CommCom Logo.

(i) A Member may not grant any third party rights in a CommCom Logo, including but not limited to allowing a related company to publish it (but the related company may publish it if it is also a Member and complies with these rules).

(j) The Logo Licence is not transferrable.

(k) CommCom may suspend or withdraw the Logo Licence generally in its absolute discretion.

(l) Acting reasonably, CommCom may suspend or withdraw the Logo Licence in respect of a particular Member.

(m) If a Member ceases to have the benefit of the Logo Licence, it must:

- as soon as practicable, cease any online publication of the CommCom Logo;

- not apply the CommCom Logo to any further non-online publications; and

- where there are existing stocks of non-online publications that include the CommCom Logo, cease distributing them within three months.

(n) A Member must give CommCom any information it reasonably requests about where and how the Member has published the CommCom Logo;

(o) The Member’s rights in the Logo Licence are rights of licence only and do not confer any other interest including, without limitation, any interest in the copyright of the CommCom Logo.

(p) The Member must not publish any mark or image other than the CommCom Logo that is deceptively similar to the CommCom Logo.

(q) The Member must not use or apply for the registration (as a trademark) of any word, mark or image that incorporates or is likely to be confused with the CommCom Logo.