1. GENERAL TERMS
1.1. This „GrowJidea“ (next - Advertising Service Provider or Advertising Broadcaster) advertising content policy (hereinafter Politics) sets requirements for broadcast advertising content in order to avoid harmful advertising content that contradicts the imperative norms of law, good morals, public order, incites national, ethnic, racial, religious, sexual or other hatred and encourages bullying.
1.2. The policy has been prepared in accordance with the Law on Advertising of the Republic of Lithuania (hereinafter - LR), the Law on Public Information of the Republic of Lithuania, the Law on the Prohibition of Unfair Commercial Activities for Consumers of the Republic of Lithuania, the Law on the Protection of Minors from the Negative Effects of Public Information of the Republic of Lithuania, the Law on Equal Opportunities of the Republic of Lithuania, the Law on Women of the Republic of Lithuania and the Law on Equal Opportunities for Men, the Election Law of the Seimas of the Republic of Lithuania, the General Data Protection Regulation of the European Union, the norms of the Civil Code of the Republic of Lithuania, other legal acts of the Republic of Lithuania and the EU, which regulate the content of publicly broadcast advertising in various fields.
1.3. The provisions established in the policy are valid after making the purchase, thus the Client confirms that he is thoroughly familiar with the provisions of the Advertising Content Policy, that these provisions are clearly and unambiguously understandable and acceptable to him.
1.4. The advertising service provider has the right unilaterally, without additional explanations or sanctions, to refuse to create a multimedia product and to refund money, the content of which contradicts the provisions of this Policy.
1.5. Payment can be made using electronic banking services of Swedbank, Seb, Luminor, Citadele and Šiaulių bankas. Settlements are possible in euro currency. Payments are processed using MakeCommerce.lt payment platform.
2. CONCEPTS
2.1. Terms and definitions used in the Policy have the following meanings:
2.2. Multimedia service provider – an electronic store created by Tautvydas Zaurynas, which operates on the basis of an advertising service provision contract, provides advertising and multimedia creation services in accordance with the requirements for advertising content established in laws and other legal acts.
2.3. Client - a natural or legal person to whom Multimedia creation services are provided.
2.4. Contract - If required, a product is created, a contract is signed between the Multimedia creator and another party for the use of the product.
2.5. Other terms used in the Policy shall be understood as defined by legislation. If the situation arises that definitions of the same terms are provided in different legal acts, the Multimedia Creator has the right to choose the term that best defines the individual situation in his opinion.
3. GENERAL REQUIREMENTS FOR ADVERTISING CONTENT
3.1. Advertising content must be decent, fair and clearly identifiable.
3.2. If it is likely that users of the advertisement may not recognize the advertisement disseminated in the public information medium due to the form of its presentation, such advertisement must be marked with the word "Advertisement".
3.3. The advertising content must not violate the requirements of the State Language Law. The advertising service provider reserves the right to assess the compliance of the advertising content requested by the customer to be broadcast with the requirements established by the State Language Law and, accordingly, to refuse to broadcast content that contradicts the requirements of the law.
3.4. It is prohibited to broadcast advertising content that spreads discrimination, defamation, incites aggression, panic, and demonstrates behavior dangerous to health/environment.
3.5. Advertising content must not violate copyrights, the right to the image of a natural person, and must not disclose private information without the consent of a third party.
3.6. The content of the advertisement must meet the moral standards of the society, must not violate human honor and dignity, religious and other symbols.
3.7. The advertising content must not contradict Article 19 of the Public Information Law of the Republic of Lithuania. established provisions prohibiting the publication of information that:
3.7.1. Calls for coercion to violate the sovereignty of the Republic of Lithuania - to change its constitutional order, to encroach on its independence or to violate the integrity of the territory;
3.7.2. Promotes or incites terrorist crimes;
3.7.3. Spreading war propaganda, inciting war or hatred, mocking, insulting, inciting discrimination, violence, physical violence against a group of people or a person belonging to it because of age, gender, sexual orientation, ethnicity, race, nationality, citizenship, language, origin, social status , on the basis of disability, faith, belief, opinion or religion;
3.7.4. Pornography is distributed, promoted or advertised, as well as sexual services, sexual perversions are promoted and/or advertised;
3.7.5. Harmful habits, narcotic or psychotropic substances and the use of these substances are promoted and/or advertised;
3.7.6. Misinformed, slandered, insulted, humiliated;
3.7.7. The presumption of innocence is violated.
3.8. The advertising provider reserves the right to refuse to broadcast other types of harmful information, which in its opinion contradicts good morals and would have a negative impact on the business reputation of JCDecaux.
4. PROHIBITION OF ADVERTISING WITH DISCRIMINATORY CONTENT
4.1. Advertisements for products, goods and services are prohibited from implying humiliation, contempt or restriction of rights or provision of privileges on the basis of gender, race, nationality, citizenship, language, origin, social status, faith, beliefs or views, age, sexual orientation, disability, ethnicity, religion and form societal attitudes that these attributes make a person superior or inferior to another.
4.2. When advertising products, goods and services, it must be ensured that there is no expression of humiliation, disparagement or restriction of rights or granting of privileges due to a person's gender, and the formation of public attitudes that one gender is superior to the other.
4.3. Advertising must ensure respect for human dignity, a person cannot be belittled or humiliated because of their gender; advertising may not form gender stereotypes, as they may result in discriminatory behavior.
5. PROHIBITION OF ADVERTISING CONTENT HAVING A NEGATIVE EFFECT ON MINOR CHILDREN
5.1. Advertising content must not include a direct solicitation for children to buy or persuade parents or other adults to buy products advertised for them.
5.2. Advertising cannot have a negative impact on the mental health, physical, mental or moral development of minors and must meet the following requirements:
5.2.1. Must not directly encourage minors to buy or rent, or choose a product or service, taking advantage of the inexperience and gullibility of minors;
5.2.2. Must not directly encourage minors to persuade their parents or other persons to buy advertised goods or services;
5.2.3. Must not form the opinion of minors that the use of certain services or goods will give them a physical, psychological or social advantage over their peers;
5.2.4. They must not exploit the trust of minors in parents, teachers or other persons;
5.2.5. Must not show minors in dangerous situations where there is no public interest.
5.3. Article 4 of the Law on the Protection of Minors from the Negative Effects of Public Information. 1 d. it is established that the following public information is classified as having a negative impact on minors:
5.3.1. Of a violent nature, promoting aggressiveness and disrespect for life;
5.3.1. When the destruction or damage of property is encouraged;
5.3.2. Where a close-up of the body of a dead, dying or brutally injured person is shown
5.3.3. Except for cases where such display is necessary to determine the identity of a person;
5.3.4. Of an erotic nature;
5.3.5. Causing fear or terror;
5.3.6. Encouraging gambling, encouraging, offering to participate in gambling and other games that give the impression of easy winning;
5.3.7. Which favors addiction to narcotic, toxic, psychotropic drugs
5.3.8. Substances, tobacco or alcohol, as well as from other substances that are used or may be
used for intoxicating purposes, and which promotes their consumption, production, distribution or
acquisition;
5.3.9. Encouraging self-harm or suicide, detailing the means and circumstances of suicide;
5.3.10. Which positively evaluates the criminal act or idealizes criminals;
5.3.11. Related to the simulation of a criminal act;
5.3.12. Which encourages behavior that degrades human dignity;
5.3.13. In which a person or group of people is mocked or a person or group of people is despised
5.3.14. On account of nationality, race, gender, origin, disability, sexual orientation, social status,
on the basis of language, faith, belief, opinion or other similar grounds;
5.3.15. When staged paranormal phenomena are demonstrated, giving the impression of the reality of these phenomena;
5.3.16. Which promotes the sexual abuse and exploitation of minors, minors
5.3.17. Sexual relations;
5.3.18. Which promotes sexual intercourse;
5.3.19. Creates family values that are despised, different ones than those of the Republic of Lithuania are promoted
5.4. It is established in the Constitution and the Civil Code of the Republic of Lithuania that marriage and
the concept of family formation;
5.4.1. When obscene expressions, words or obscene gestures are used;
5.4.2. When giving advice on how to make, purchase or use explosives, narcotic or psychotropic substances, as well as other things dangerous to life or health;
5.4.3. Which promotes bad habits of nutrition, hygiene and physical inactivity;
5.4.4. When mass hypnosis sessions are demonstrated, the object of which is the audience of a public information medium.
6. PROHIBITION OF ADVERTISING CONTENT BASED ON THE PRINCIPLES OF UNFAIR COMMERCIAL ACTIVITY
6.1. The content of the advertisement may not conflict with the Law on Prohibition of Unfair Commercial Activities for Consumers of the Republic of Lithuania, which establishes the prohibition of unfair commercial activities manifested as misleading or aggressive.
6.2. The following actions are considered misleading commercial actions:
6.2.1. Indication of a reliability, quality or equivalent mark, when the right to indicate such a mark has not been granted;
6.2.2. Advertising a product that is similar to another manufacturer's product in order to deliberately mislead consumers that the product was made by that other manufacturer;
6.2.3. Comparative advertising;
6.2.4. Creating a pyramid-type promotion system where a user pays for the opportunity to receive rewards primarily for referring other users to that system, rather than for selling or using products, as well as using or promoting that system.
6.3. A commercial activity is presumed to be aggressive if it takes the form of, for example, the inclusion in advertising of a direct appeal to children to buy or of persuading parents or other adults to buy the products advertised to them.
7. IMPLEMENTATION OF STATE LANGUAGE REQUIREMENT FOR ADVERTISING CONTENT
7.1. Information notes in advertising should be presented in the correct Lithuanian language (must meet the requirements of general Lithuanian language grammar, punctuation, etc., established by the resolutions of the State Lithuanian Language Commission).
7.2. In the event that the Client wishes that public written and audio information in advertising elements be provided in foreign languages in addition to the state language, such written and audio information in other languages must not be more detailed, and the format of its written texts cannot be larger than the texts in the state language.
7.3. Approved names of foreign companies, trademarks and names of works are not translated into Lithuanian. However, it is required that next to the trademarks in English, information about goods and services in Lithuanian is provided.
8. REQUIREMENTS FOR THE CONTENT OF POLITICAL ADVERTISING
8.1. Political advertising is prohibited if its dissemination contradicts the Constitution and other laws;
8.2. During the political campaign period, political advertising must be marked with the source of funds in accordance with the procedure established by legal acts and clearly separated from other disseminated information;
8.3. The text of the political advertisement "Political advertisement" or "Election campaign" must be printed in the same direction as the text of the political advertisement and clearly visible;
8.4. The advertisement must state that the political advertisement has been paid or will be paid from the political campaign account of a specific independent political campaign participant;
8.5. The Election Law of the Seimas of the Republic of Lithuania prohibits election campaigning, regardless of its methods, forms and means, 30 hours before the start of the election and on election day until the end of voting, with the exception of external political advertising posted before the beginning of this ban on election campaigning. The duty to remove the external political advertisement before the start of the time established by law, when election campaigning is prohibited, rests with the person who published the external political advertisement. The person who posted the advertisement specified in this Policy point is considered to be the Client.
8.6. According to the Law on Elections of the Seimas of the Republic of Lithuania, it is prohibited to install and distribute external political advertising:
8.6.1. on structures where state authorities, law enforcement, other state and municipal institutions and bodies operate;
8.6.2. in and on public transport vehicles used by state or municipally managed companies, except in cases where advertising areas or video broadcasting devices belong to or are transferred for use by third parties, over whom state or municipally managed companies cannot have a direct or indirect decisive influence;
8.6.3. on roads and their sanitary protection zones, as well as on streets and near them, if it can block technical traffic regulation measures, road signs, impair visibility, dazzle road users, distract them and thus endanger road users, it is also prohibited to use advertising, imitating road signs;
8.6.4. on sculptures and monuments;
8.6.5. at a distance of 50 meters around the building where the voting room is located;
8.6.7. without the consent of the owner of the land, structures or other objects on which or in which it is installed;
8.6.8. external political advertising in protected territories and immovable cultural values, as well as in their territories, is allowed only after coordination with the state institution responsible for the protection of cultural values and an institution authorized by the founder of the protected territory.
9. ADVERTISING CONTENT REQUIREMENTS FOR SPECIFIC GOODS AND SERVICES
9.1. Lietuvos Respublikos įstatymai draudžia sekančių prekių ir paslaugų reklamas:
9.1.1. alcohol advertising (LR Alcohol Control Law);
9.1.2. advertising of tobacco products (Law on the Control of Tobacco, Tobacco Products and Products Related to LR);
9.1.3. public advertising of weapons and ammunition (RA);
9.1.4. gambling advertising, with the exception of the names, trademarks and types of gambling organized by companies organizing gambling (LR Gambling Law);
9.1.5. partly advertising of energy drinks (RĮ 14 art.).
10. REQUIREMENTS FOR FOOD ADVERTISING CONTENT
10.1. It is forbidden to mention the properties of food that it does not have, as well as the properties of treatment or prevention of human diseases and other properties, if the provision of such information does not meet the requirements established by legislation;
10.2. The special properties of food cannot be specified if all similar products have them;
10.3. Advertising of infant formulas for initial feeding is allowed only in publications and scientific publications intended for healthcare professionals in accordance with the procedure established by legal acts;
10.4. Food advertising must indicate that the food is genetically modified, when it is labeled as such or is so by composition.
11. REQUIREMENTS FOR MEDICINE AND FOOD SUPPLEMENT ADVERTISING CONTENT
11.1. The Law on Public Information of the Republic of Lithuania and the Law on Pharmacy of the Republic of Lithuania establish the following prohibitions:
11.2. It is not allowed to advertise treatment services prescribed by doctors and medicinal products that can only be purchased with a prescription;
11.3. The provisions of the Pharmaceutical Law of the Republic of Lithuania apply to the advertising of other medicinal products;
11.4. "Food supplement" must be indicated in the advertisement of food supplements.
11.5. Advertisements must not discourage people from getting vaccinated or advocate against vaccines:
11.6. Prohibited advertising that claims vaccination is unsafe or harmful to human health, can cause death or injury;
11.7. Vaccination advertisements that conflict with official vaccination information published by healthcare institutions, the World Health Organization (WHO) or the European Medicines Agency (EMA) are prohibited.
12. REQUIREMENTS FOR ADVERTISING OF HEALTHCARE SERVICES AND MEDICAL EQUIPMENT (DEVICES)
12.1. It is prohibited to use the patient's name, surname, image, refer to health care institutions, health care specialists or their professional organizations in advertising of health care services and medical devices (devices) recommendations.
13. REQUIREMENTS FOR COSMETIC PRODUCT ADVERTISING CONTENT
13.1. The claims about the cosmetic product made in the advertising of cosmetic products must be objective, not demeaning or devaluing competitors, nor should they mislead about the legitimately used ingredients;
13.1.1. claims about a specific benefit of the product must not be used, when this benefit is only compliance with minimum legal requirements;
13.1.2. must not use the claim "not tested on animals" or the rabbit symbol illustrating it;
13.1.3. the claim "paraben-free" must not be used;
13.1.4. statements such as: "Without...", "does not contain..." - are not allowed when they are misleading, when they are based on an implied negative opinion about the safety of a substance or a group of substances. "Without...", "does not contain..." - statements are allowed to be used for informational purposes in order to provide the user with important information that determines the choice of the product;
13.1.5. claims about the effectiveness of the product must not be illustrated with "before" and "after" images processed with the help of image editing programs, if the displayed image does not correspond to the real effect of the product;
13.1.6. it is prohibited to use statements, images or other signs that would suggest, figuratively or otherwise, that cosmetic products have properties or functions that they do not actually have.
14. REQUIREMENTS FOR ADVERTISING CONTENT OF FINANCIAL, INSURANCE, INVESTMENT SERVICES, PENSION ACCUMULATION ACTIVITIES
14.1. The advertising content of financial services, insurance services and other financial services (products) must comply with the requirements laid down in the laws of the Republic of Lithuania:
14.2. Securities Law of the Republic of Lithuania;
14.3. Law of the Financial Instruments Markets of the Republic of Lithuania;
14.4. Law of the Republic of Lithuania on Collective Investment Entities;
14.5. Law of the Republic of Lithuania on Collective Investment Entities for Informed Investors;
14.6. Pension Accumulation Law of the Republic of Lithuania;
14.7. The Law of the Republic of Lithuania on Additional Voluntary Pension Accumulation;
14.8. Law of the Republic of Lithuania on Accumulation of Professional Pensions;
14.9. Consumer Rights Protection Law of the Republic of Lithuania;
14.10. Consumer Credit Law of the Republic of Lithuania;
14.11. Law of the Republic of Lithuania on real estate-related credit;
14.12. Insurance Law of the Republic of Lithuania;
14.13. Law on Financial Institutions of the Republic of Lithuania;
14.14. Law of the Republic of Lithuania on insurance of deposits and liabilities for investors;
14.15. Crowdfunding Law of the Republic of Lithuania;
14.16. Other laws.
14.17. Policies 14.1. The requirements of the laws presented in point 2012 are detailed and explained. September 5 Decision of the Director of the Supervisory Service of the Bank of Lithuania No. 241-75 in the approved Financial Services Advertising Guidelines (https://www.lb.lt/lt/lietuvos-banko-pozicijos-ir-gaires), which are constantly being changed/updated.
14.18. The client undertakes to constantly take an active interest in the explanations given in the Bank of Lithuania's financial services advertising guidelines, related to the requirements for the content of financial services advertising, and accordingly to comply with the requirements established by the mandatory legal norms.
15. REQUIREMENTS FOR VEHICLE ADVERTISING CONTENT
15.1. Vehicle advertisements must include fuel consumption and CO emissions2 gas volumes. This information should meet the following requirements:
15.1.1 be easily legible and not more prominent than the main part of the information in advertising literature;
15.1.2. be easily understood at a glance;
15.1.3. official fuel consumption data for all different car models advertised should be provided.
16. REQUIREMENTS FOR ADVERTISING CONTENT OF OTHER SPECIFIC PRODUCTS
16.1. The following advertisements for specific products are prohibited:
16.2. Advertising of biocidal products that does not comply with the provisions of EU law;
16.2.1. advertise for commercial purposes decoders, other devices or software that would allow unauthorized access to protected services;
16.2.2. violate the advertising requirements for the use of dangerous chemical substances and mixtures (preparations), products containing them;
16.2.3. violate Regulation (EC) no. 1107/2009, advertising requirements for the supply of plant protection products to the market (unauthorized plant protection products cannot be advertised).
17. DATA PROTECTION REQUIREMENTS FOR ADVERTISING CONTENT
17.1. Pursuant to Art. 6 GDPR personal data (image, name, profession) can be used in advertising only with the consent of one person or a contract concluded with this person;
17.2. A photo (or part thereof), portrait or other image of a natural person may be reproduced, sold, displayed, printed, and the person himself may be photographed only with his consent;
17.3. In order not to violate a person's rights, to protect his honor and dignity, it is prohibited to use a person's image for advertising in public information media without the person's consent when collecting and publishing information.
18. PROCESSING OF PERSONAL DATA
18.1. In the e-shop, payments are processed by using makecommerce.lt
19. RESPONSIBILITY
19.1. The multimedia service provider is responsible for approving, regularly reviewing and, if necessary, updating this Policy.
19.2. The implementation of the policy provisions must be ensured by the Multimedia service provider and the Client.
19.3. The multimedia service provider has the right to provide the Customer with its comments regarding advertising content that does not comply with the provisions of this Policy and recommendations for appropriate corrections of the advertising content requested by the Customer.
20. FINAL PROVISIONS
20.1. The policy enters into force on the day of its approval and remains in effect until it is changed, supplemented and/or canceled.
20.2. Any changes and additions to this Policy take effect from the date of approval by the Multimedia Service Provider, unless a different effective date is specified in the additions and/or changes themselves.
20.3. Any changes and additions to this Policy are publicly announced on the website of the Multimedia service provider "Jauna iideja" www.growingidea.eu.
