for approval prior to the dispute or complaint and the dispute is submitted to the
Commission for resolution, the decision of the Commission shall prevail over the
provisions in the subscriber service agreement that had not been approved by the
Commission.
(3) For the avoidance of doubt, agreements entered into between terminal
equipment vendors and their customers through the sale of such equipment shall be
subject to these Regulations and shall be enforced by the Commission.
15. Confidentiality.
(1) Subject to the provisions of the Act or any other written law, a licensee shall
not monitor, disclose or allow any person to monitor or disclose, the content of any
information of any subscriber transmitted through the licensed systems by
listening, tapping, storage, or other kinds of interception or surveillance of
communications and related data.
(2) A licensee shall, where applicable, establish mechanisms by which customers
may be able to—
(a) know that information is being collected about them through their use of
various telecommunications services and systems; and
(b) receive conspicuous notice that such information could be used, or is intended
to be used, without authorisation, by the entity collecting the data for reasons
unrelated to the original communications, or that such information could be sold
(or is intended to be sold) to other companies or entities;
(3) Notwithstanding paragraph (2)(b), nothing in this regulation shall be construed
to mean that a licensee may sell or offer for free, to a third party, any information
collected by the licensee without the prior consent of the consumer concerned.
(4) In the case of children, the powers exercised in paragraph (1) and (2) shall be
vested in the parents or lawful guardians on their behalf.
16. Operator assistance.
A licensee shall, where applicable, ensure that all its customers can access operator
assistance services.
17. Unsolicited communications.