G. SPECIAL CONSIDERATIONS IN MARKETING TO TEENAGERS

H1 Age and Application:For the purpose of this Code of Ethics and Standards of Practice, the term teenager refers to someone who has reached his or her 13th birthday but has not yet reached the age of majority in his or her province or territory of residence.

These guidelines do not apply to teenagers living independently of their parents or guardians and who by federal, provincial or territorial statute or regulation are deemed to be adults.

H2 Responsibility:Marketing to teenagers imposes special responsibilities on marketers. Marketers will use discretion and sensitivity in marketing to teenagers, to address the age, knowledge, sophistication and maturity of teenagers. Marketers should exercise caution that they do not take advantage of or exploit teenagers.

H2.1:Marketers shall not portray sexual behaviour or violence that is inconsistent with community or industry standards.

H2.2:Marketers acknowledge that some marketing techniques are not appropriate when marketing to teenagers.

H2.3:Marketers shall respect the parent/guardian-teenager relationship and shall not encourage the teenager to exclude parents or guardians from a purchase decision.

H2.4 Soliciting information from teenagers:Marketers shall not use or collect household or personal information from teenagers as a means to gain entry into that teenager's household. Marketers shall not solicit information about a third party from a teenager.

H3 Definitions:This section contains definitions for the categories of information that can be collected, used and disclosed with the corresponding types of consent and the teenager's age.

This provision enables marketers to establish communication with teenagers in defined stages, according to: the sensitivity or type of information; the teenager's age; and, the nature of the consent to be provided.

Marketers are reminded that applicable privacy legislation must be respected, including:

Fully and accurately describing the intended use of the personal information before or at the time of collection; and, Obtaining the appropriate form of consent for collection, use and disclosure of information that will identify an individual. This information should be prominently displayed in marketing materials and on Web site privacy policies.

H3.1 Contact Information:For the purpose of this Code of Ethics and Standards of Practice, the term Contact information refers solely to the teenager's:

Name Home address
E-mail address
Home telephone number
Mobile phone number

H3.2 Personal Information:For the purpose of this Code of Ethics and Standards of Practice, the term Personal Information refers generally to any information other than the individual teenager's Contact Information (see clause H3.1), which identifies that individual.

H4 Consent:

H4.1 Teenager under 16:Marketers may collect and use a teenager's Contact Information (see Clause H3.1) with the teenager's express consent. Marketers must obtain the express consent of the parent or guardian prior to the disclosure of a teenager's Contact Information to a third party. Marketers must obtain the express consent of the parent or guardian for the collection, use or disclosure of a teenager's Personal Information (see Clause H3.2)

H4.2 Teenager 16 and over:Marketers must obtain the express consent from the teenager for the collection, use and disclosure of their Contact and Personal Information (see Clauses H3.1 and H3.2).

H4.3 Withdrawal of consent:Marketers shall provide teenagers with an easy means to withdraw consent and to end a marketing relationship. Where the teenager, parent or guardian withdraws or declines permission to collect, use or disclose a teenager's information, marketers shall immediately delete all such information from their database.

H5 Exposure to Children:When marketing to teenagers, marketers are strongly cautioned that children may be exposed to these communications and in such cases, these interactions with children are governed by the guidelines concerning consent under Marketing to Children G3.

H6 Credulity:Marketing to teenagers shall not unduly exploit teenagers' impressionability, or susceptibility to peer or social pressures. Marketers shall not imply that possession or use of a product or service will make its owner superior to others, or that without it the individual will be open to ridicule or contempt.

H7 Age-Appropriate Language:In addition to the established provisions in Section B 'Accuracy of Representation,' marketers shall use language that is age-appropriate and easy to understand when marketing to teenagers.

H8 Commercial Transactions:Marketers shall be aware that transactions with teenagers may not be legally enforceable against the teenager, or his or her parent or guardian.

August 2002