Codice di Condotta — Facility Solution Ltd

Preamble

This Code of Conduct is drafted pursuant to Art. 5(4) of the Resolution of the Communications Regulatory Authority ("AGCom") 42/13/CIR "Rules for the experimentation of alphanumeric indicators for the identification of the calling party in SMS/MMS used for business messaging services" ("Resolution") and aims to regulate the creation, assignment, and use of Aliases in business messaging services and to define rules to protect users of such services.

Facility Solution L.R. LTD — Updated 2023

Messaging Services

Messaging services are those provided by an authorized provider under the Resolution to a Client/Company, whether a natural or legal person, who intends to reach their End Clients via SMS or MMS messages, communicating their own product or service offers, or service information, and, as the case may be, requesting a response from the End Clients to the communication sent.

Messaging services that involve sending a message to End Clients are commonly referred to as "MT" (Mobile Terminated) messaging services, while those that involve a response from End Clients are "MO" (Mobile Originated) messaging services. MT services can be provided using Aliases as an alternative to using the CLI. This code will deal exclusively with business messaging services using Aliases.

It is understood that the user of the service uses it to achieve their own social, informational, or advertising purposes and, as such, is the party who primarily determines the purposes and means of personal data processing, thus being the data controller for the sending actions. Consequently, the user of the service is required to adopt the provisions regarding data protection to ensure the lawfulness of the processing carried out.

1. Definitions

For the purposes of this Code, in line with the aforementioned Resolution, the following definitions apply:

a) Client/Company

The natural or legal person who uses or requests to use a business messaging service, by subscribing to an offer from a business messaging service provider.

b) End Client

The natural or legal person who uses or requests to use a publicly accessible electronic communications service for purposes not related to their work, commercial, or professional activity.

c) Business Messaging

SMS/MMS communications, either single or bulk, sent to End Clients by a Client/Company, such as companies or entities, for social, informational, or advertising purposes.

d) Business Messaging Service Provider

Legal entity authorized under Art. 25 of the Electronic Communications Code (CCE) that provides, based on specific contracts with Clients/Companies, the business messaging service using Aliases to End Clients.

e) Access Service Provider

Legal entity authorized under Art. 25 of the CCE that provides mobile services, including messaging services, to the End Client.

f) CLI – Calling Line Identification

Identification of the calling line by the number defined by ITU-T Recommendation E.164 and nationally by the National Numbering Plan (Resolution 52/12/CIR and subsequent amendments) associated with the same line.

g) Alias

Alphanumeric string transmitted in the sender/CLI field in SMS/MMS communications, no longer than 11 characters as indicated in Annex A to this Code.

2. Guiding Principles of the Code

The Code aims to ensure the proper development of business messaging services by safeguarding the rights of Clients/Companies on one side and End Clients on the other, and by ensuring fair competition among sector players.

In this context, sector players intend to establish common rules of conduct to grow the market through respect for the rights of End Clients who receive messages. To this end, sector players will apply their best experience and diligence to ensure the correct use of Aliases by Clients/Companies.

3. Alias Creation

Aliases consist of a set of alphanumeric strings no longer than 11 characters, as detailed in Annex A of this Code.

4. Alias Assignment

The assignment of Aliases is based on current trademark regulations. The business messaging service provider will exercise the utmost diligence to prevent parties without rights to a particular Alias from using Aliases whose legitimate use belongs to others under trademark law.

To this end, business messaging service providers will implement authentication procedures for Clients/Companies via credentials to ensure that the Client/Company who has subscribed to a business messaging service offer is indeed the party accessing the message sending system and using the Aliases. Clients/Companies found to have used Aliases unlawfully will be prohibited from using the relevant Aliases.

5. Assignment of Generic Aliases

The Resolution prohibits the use of Aliases already used for other Clients/Companies and that do not differ significantly from already used Aliases. In this context, the assignment of generic Aliases is allowed provided that Clients/Companies undertake in contracts with business messaging service providers to include in the message text a reference to their company name or a legitimately used trademark so as to be recognizable to the End Client.

6. Assignment of Aliases Referring to Public Entities and Institutions

Aliases that refer to public entities and institutions are reserved exclusively for those entities or institutions and cannot be assigned to other parties.

7. Uploading Aliases to the AGCom Database

Before sending a message with an Alias, business messaging service providers must upload to the database managed by AGCom (hereinafter also "Alias System") the Aliases used by Clients/Companies. The following information will typically be entered into the database:

Alias and associated E.164 number;
Client/Company name, VAT number/tax code;
Client/Company contacts: a single contact detail among phone number, fax number, or email address;
Termination of Alias use when it is no longer in use.

The name of the Business Messaging Service Provider as well as the date and time of the records are automatically detected by the Alias System.

8. Use of Aliases by Clients/Companies

The use of Aliases is permitted for Clients/Companies who have subscribed to a business messaging service offer with business messaging service providers who have obtained one or more E.164 numbers from the National Numbering Plan (PNN) to be associated with the Aliases, in compliance with Art. 3(2) of the Resolution. Each Client/Company must be associated with a unique number. Multiple Aliases may be associated with that number, provided they are used by the same Client/Company.

9. Termination of Alias Use

A given Alias will remain active as long as the contract between the business messaging service provider and the Client/Company is in force, except in cases where, during the contract, the Client/Company itself notifies the Provider that it no longer wishes to use a particular Alias. Within 24 hours of termination, the Provider will notify the Alias System of the cessation of Alias use.

10. End Client Protection

The End Client who receives an SMS/MMS message with an Alias as the sender, considered unexpected, misleading, or spam, can contact the Customer Care of their mobile operator, reporting:

The end client's number;
The Alias shown as the sender of the message;
The day, date, and time of receipt.

Customer Care, by querying the database managed by AGCom, receives information about the Client/Company who sent the message and communicates it to the End Client. If the competent Authorities request tracking data for the sent message, the business messaging service provider will provide such data as quickly as possible to ensure the purposes of justice.

11. Future Versions of the Code

The business messaging service provider reserves the right to prepare, in the future, new and more advanced versions of this Code to better meet the business needs of sector players and to better protect the rights of End Clients, in step with the evolution of business messaging services containing Aliases and the related regulations, which are still experimental.