Requirements to the materials

Requirements for advertising material

Section 1.

Requirements for the content of advertising material:

1.1. Advertising material must satisfy the requirements of the existing legislation of the Russian Federation. In particular, we do not accept advertisements that:  

1.1.1. contain profanities, obscene and offensive images, comparisons and expressions regarding sex, race, nationality, profession, social categories, age, religious symbols, official state symbols;

1.1.2. are dishonest, inaccurate, mislead the customer, or contain inaccurate information about the product/service;

1.1.3. incite a person to commit unlawful acts and/or incite violence and cruelty;

1.1.4. advertise goods which it is forbidden to advertise in such a manner, at such a time, or in such a location.

1.2. We do not publish advertisements related to tragic events, in particular, advertisements which contain the following words in the text: “terrorist attack, murder, death, funeral, fire, explosion…”

1.3. If the advertisement is to be shown to users located in Russia, the cost parameters must be indicated in Roubles, and if necessary, in foreign currency also.

1.4. The advertisement must correspond to the content of the webpage that the advertisement links to.

1.5. If the advertisement uses superlative adjectives and/or contains information about the advantages of the advertised product over other products on the market, then those advantages must be supported by appropriate studies (findings etc.) conducted by third parties. In this case, advertising material must include references to such studies (findings etc.).

1.6. If the advertisement uses a trademark which does not belong directly to the advertiser, the advertiser must provide copies of documents proving that they have the right to use that trademark. Such documents may include: a letter of permission from the owner of the trademark; a licence agreement (or if it is not possible to provide the above documents, a letter of guarantee).  

1.7. When questionable claims are made in advertisements (for example, “hair is 90% shinier”), the advertiser must provide copies of documents proving that the claims are valid. Such documents can include: studies conducted in the specific field etc. Where such documents are provided, an asterisk (*) will appear in the advertisement, next to the “claim”. The information from the presented document will be shown below the asterisk.

 1.8. In case of a prize draw, the advertiser must provide (depending on the type of prize draw) the following documents:

 - for promotional lotteries – a copy of the document confirming that a notice about the promotional lottery has been sent to the appropriate state agency and the notice itself;

 - for conducting other types of prize draws – a copy of the permit to conduct the advertised prize draw.

The requirements in this clause do not apply to advertisements for state and municipal lotteries.

1.9. If photographs/images of natural persons are used in an advertisement, the advertiser must provide copies of documents proving that the advertiser has the right to use these photographs/images in advertising material. Such documents may include:
- if a photograph is used – a letter of permission from the owner of the photograph, giving permission to use the photograph; a licence agreement transferring the right to use the photograph (or if it is not possible to provide the above documents, a letter of guarantee);
- if an image of a natural person is used – a letter of permission from the natural person, giving permission to use his/her image in advertising material.

Consent to use images is not required in the following cases:

 - the image is being used in state, societal or other public interests;

 - the image of the person was captured in a photograph taken in a public place, or at a public event (meetings, congresses, conferences, concerts, exhibitions, sporting competitions and similar events), with the exception of cases where such an image is the main subject;

- the person received payment for posing for the photograph.

1.10. If fictional characters are used in the advertisement, (from literature, animations, films, etc.) the advertiser must provide copies of documents proving that the advertiser has the right to use these characters in advertising material. Such documents may include: a letter of permission from the owner of the character; a licence agreement (or if it is not possible to provide the above documents, a letter of guarantee).

1.11. If Olympic and Paralympic symbols are used in the advertisement, the advertiser must provide a copy of the authorization to use these symbols, issued by the International Olympic Committee.

1.12. If the advertisement refers to exclusivity, the advertiser must provide documents that prove exclusivity. Such documents may include: a contract or agreement giving a particular person the right to exclusive product representation in a specific territory etc.

1.13. If the advertisement is a video, the advertiser must provide documents proving that the advertiser has the right to use the video. Such documents may include: a letter of permission from the owner, giving permission to use the video; a licence agreement (or if it is not possible to provide the above documents, a letter of guarantee).

1.14. If the advertisement uses background music (soundtrack), the advertiser must provide documents proving that the advertiser has the right to use the soundtrack. Such documents may include: a letter of permission from the owner giving permission to use the soundtrack; a licence agreement (or if it is not possible to provide the above documents, a letter of guarantee).  

1.15. We do not publish advertisements for third party projects which offer similar services to Wamba Global Social Dating System.

1.16. We also do not accept advertisements for websites offering the following services:

- divination, fortune-telling, the services of magicians or wizards, etc.;

- tests, where the user can only receive the test results after sending an SMS message, and other premium services which are paid for using SMS messages.

1.17. There may be other restrictions on advertisements on certain sites within Wamba Global Social Dating System. For example, on the website love.mail.ru, advertisementsforsitesthat competewith any of the sites in the mail.ru domain will not be accepted.

Section 2.

Products and services which are not permitted to be advertised; or which may be advertised subject to special requirements

Advertisements for certain products and services are forbidden, or are restricted by existing legislation. This section describes which, how, and why products/services may or may not be advertised.

2.1. It is forbidden to advertise:

·  alcoholic products;

·  products which it is forbidden to produce and (or) sell under the legislation of the Russian Federation. For example: counterfeit goods; services for registering place of residence, academic qualifications;

·  narcotics, psychotropic substances and their precursors;

·  explosive substances and materials, with the exception of fireworks;

·  products and services which are subject to certification/licensing without the necessary certificates/licences;

·  distributing (selling) alcoholic beverages or products which are restricted or not permitted to be sold freely under the legislation of the Russian Federation;

·  weapons;

·  gambling, betting, and the providers of such activities;

2.2. The following may be advertised, in compliance with special requirements:

·  tobacco products and smoking accessories;

·  prize draws and promotional events;

·  medicine, medical equipment and medical services;

·  dietary supplements;

·  baby food;

·  financial services;

·  securities;

·  products that are sold remotely.

2.3. Advertising products, production and (or) sale of which is forbidden under the legislation of the Russian Federation.

It is forbidden to advertise products (work, services), the production and (or) sale of which is prohibited by the legislation of the Russian Federation (Article 7, Federal Law “On Advertising”)

2.4. Advertising products and services which are subject to certification/licensing, without the necessary certificates/licences

It is forbidden to advertise products without such certification or licensing (Article 7, Federal Law “On Advertising”).

Copies of the Certificates or Licences must be presented to the Company prior to the advertisement being published online (Article 13, Federal Law “On Advertising”).

2.5. Advertising alcoholic products for remote distribution (sale), and products which are restricted or not permitted to be sold freely under the legislation of the Russian Federation

It is forbidden to advertise alcoholic products that are sold remotely, and also products which are restricted or not permitted to be sold freely under the legislation of the Russian Federation (Paragraph 5, Russian Federation Government Resolution No. 612, dated 27 September 2007, “Rules for Selling Alcoholic Products Remotely”; Article 7, Federal Law “On Advertising”).  

The list of products, the free sale of which is prohibited, was established by Decree No.179 of the President of the Russian Federation “The List of Types of Product and By-Products which are not permitted to be Sold Freely”.

This list of products includes, but is not limited to:

·  Precious and rare metals and articles thereof;

·  Precious stones and articles thereof;

·  X-ray equipment, equipment and instruments that use radioactive substances and isotopes;

·  Poisons, narcotics and psychotropic substances; Ethanol;

·  Medicines, with the exception of medicinal herbs;

·  Crude drugs derived from reindeer husbandry (antlers and endocrine material).

2.6. Advertising weapons

A list of locations where it is permitted to advertise weapons is included in Article 26, Federal Law “On Advertising”. The internet is not included on the list of locations where weapons may be advertised.

2.7. Advertising gambling and betting, and the providers of such activities

A list of locations where it is permitted to advertise gambling, betting and the providers of such activities is included in Article 27, Federal Law “On Advertising”. The internet is not included on the list of locations where such advertisements are permitted.

The requirements of this article of the law apply to advertisements for providers of gambling, betting, gambling establishments, and the location of such activities.

2.8. Advertisingalcoholicproducts

In accordance with Sub-Paragraph 8, Paragraph 2, Article 21 of the Federal Law “On Advertising”, alcoholic products must not be advertised on Internet information and telecommunication networks.  

2.9. Advertising tobacco, tobacco products and smoking accessories

The content of advertising material used to advertise tobacco, tobacco products and smoking accessories is governed by Article 23, Federal Law “On Advertising”.

As tobacco, tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, cigarette lighters, and other similar products are subject to mandatory certification, (Russian Federation Government Decree “On Approval of the List of Products Subject to Mandatory Certification, and the List of Work and Services Subject to Mandatory Certification”, dated 13.08.1997), they may not be advertised without a Certificate of Conformity (Art. 7, Federal Law “On Advertising”).

It is also not permitted to advertise alcoholic products, beer and beverages produced from it, tobacco, tobacco products and  smoking accessories by appealing to minors (see Art. 21-23, Federal Law “On Advertising”); as such, advertising for alcoholic products, beer and beverages produced from it, tobacco, tobacco products and smoking accessories targets users aged 18 and over.

2.10. Advertising prize draws and promotional events

The content of advertising material used to advertise prize draws and promotional events is governed by Articles 9 and 27 of the Federal Law “On Advertising”.

The organiser of the prize draw must be granted permission to hold a prize draw (Federal Law No. 138 “On Lotteries”, dated 11.11.2003). Permission to hold a prize draw must be presented to the Company prior to the advertisement being published online.  

2.11. Advertising medicine, medical services and products

The content of advertising material used to advertise medicine, medical services and products are governed by Article 24 of the Federal Law “On Advertising”. In particular, advertisements for medicine, medical services and products must be accompanied by a warning about side-effects and the necessity of reading and understanding the instructions, or consulting a specialist for advice. Advertising medicines in forms and dosages prescribed by doctors, and treatment methods, medical devices and equipment which require special training is not permitted on Wamba Global Social Dating System sites.

Medical activities are subject to mandatory licensing (Paragraph 96, Part 1, Article 17 of Federal Law No. 128 “On Licensing Certain Types of Activities”, dated 08.08.2001).

Medicines may be produced, sold and used on the territory of the Russian Federation if they have been registered with the Russian Federation Ministry of Health (Art. 19, Federal Law No. 86 “On Medicines”, dated 22.06.1998).

2.12. Advertisingdietarysupplements

The content of advertising material used to advertise dietary supplements is governed by Article 25 of the Federal Law “On Advertising”.

It is prohibited to produce and sell dietary supplements that have not been registered with the state (Paragraph 4, Decree No. 21 by the Chief State Medical Officer of the Russian Federation “On State Registration of Dietary Supplements”, dated 15.09.1997).

Dietary supplements which have previously been issued a health certificate in the prescribed manner shall be subject to state registration after the expiration of the health certificates (Paragraph 5, Decree No. 21 by the Chief State Medical Officer of the Russian Federation “On State Registration of Dietary Supplements”, dated 15.09.1997).  

It is not permitted to advertise dietary supplements without marketing authorization (Article 7, Federal Law “On Advertising”).

2.13. Advertisingbabyfood

The content of advertising material used to advertise baby food is governed by Article 25 of the Federal Law “On Advertising”.

Baby food is subject to mandatory certification in accordance with Russian Federation Government Decree No. 1013 “On Approval of the List of Products Subject to Mandatory Certification, and the List of Work and Services Subject to Mandatory Certification”, dated 13.08.1997. It is not permitted to advertise baby food products without a Certificate of Conformity (Art. 7, Federal Law “On Advertising”).

2.14. Advertisingfinancialservices

Article 28 of the Federal Law “On Advertising” specifies requirements for the content of advertising material for advertising financial services, including:

·  Insurance

·  Banking services

·  Loans

·  Asset management

·  Fund raising for equity construction

Banking operations are subject to licensing, in accordance with Federal Law No. 395-1 “On Banks and Banking Activities”, dated 02.12.1990.  

The interests of legal persons and natural persons residing in the Russian Federation can only be insured by insurers who have been issued a licence in the manner prescribed in Russian Federation Federal Law No. 4015-1 “On the Organisation of Insurance in the Russian Federation”, 27.11.1192.

The activities of professionals in the securities market (brokerage; dealing; securities management; clearing; depository services; securities registrar services; conducting trading activities on the securities market) are subject to licensing in accordance with Federal Law No. 39-FZ “Concerning the Securities Market”, dated 22.04.1996.

Financial markets activities (investment fund activities; management of investment funds, mutual funds and private pension funds) are subject to licensing in accordance with Russian Federation Government Decree No. 432 “On Licensing of Certain Activities on Financial Markets” dated 14.07.2006. 

It is not permitted to advertise the aforementioned types of activities if the advertiser does have the relevant licence (Article 7, Federal Law “On Advertising”).

2.15. Advertisingsecurities

The content of advertising material used to advertise securities is governed by Article 29, Federal Law “On Advertising”.  

2.16. Advertising products that are sold remotely

The content of advertising material that is used to advertise products that are sold remotely is governed by Article 8, Federal Law “On Advertising”.

Note: Please note that it is forbidden to advertise the remote distribution (sale) of alcoholic products, and also products which are restricted or not permitted to be sold freely under legislation.

2.17. Advertising information products which are subject to classification in accordance with the requirements of Federal Law N 436-FZ “On Protection of Children from Information Harmful to Their Health and Development”, dated 29.12.2010

Advertisements for information products, which are intended for sale on the territory of the Russian Federation (media products, printed products, audio visual products in all types of media, computer programmes (computer software), and data bases, and information distributed through entertainment events, through information and communication networks, including the Internet, and mobile communications networks) which are subject to classification in accordance with the requirements of Federal Law No. 436-FZ, dated 29.12.2010, are only permitted under the conditions of the regulations for that information product category (Part 10.1, Article 5, Federal Law “On Advertising”). The advertiser must comply with these requirements and is responsible for correctly defining the category of the aforementioned product, if that product is being advertised, and the advertiser must also indicate the appropriate category of the advertised product in the advertisement.