Advertisers who carry out regulated activities must comply with the Financial Services and Markets Act 2000 (“FSMA”) and the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. Regulated activity under FSMA is subject to regulation by the Financial Conduct Authority (FCA). This includes products such as:

• Loans (for example, personal loans, car finance, HP)
• Investments (for example, stocks and shares)
• Savings and bank accounts
• Insurance (for example, motor, home, travel) providers, brokers, and advisors
• Pensions
• Mortgage providers, brokers, and advisors

Consumer credit firms must also be authorised by the FCA to carry out consumer credit activities. As an overarching requirement, all financial promotions must be clear, fair, and not misleading. The FCA also has specific rules and guidance, tailored to each product type being promoted.

Where advertisements fall under these regimes advertisers will be required to complete and sign a Credit and Financial Services Advertising Customer Declaration (“CFSA”) in accordance with Yell’s Advertising Terms & Conditions.

Yell does not accept Advertising for the following products and services:

• Financial products or services designed to facilitate illegal purposes, e.g., to avoid applicable taxes, or money laundering
• Cryptocurrencies and cryptocurrency related products including, but not limited to initial coin offerings, cryptocurrency exchanges, and cryptocurrency wallets
• Non-regulated binary options (regulated binary options may be allowed with Policy review)
• Advertising for binary options is not allowed in the European Union
• Ponzi schemes, pyramid schemes, or other legally questionable business opportunities, particularly if returns on investment rely solely on adding participants to the scheme or the consumer must pay a subscription fee or buy a specific product to join, and the value proposition of doing so is undefined

Advertisements must adhere to policies that are set out by regulators with regards to Advertisement Content, including (but not limited to):

• Advertisement Content that includes a specific interest rate must also include text indicating that this is the typical APR. If the typical APR interest rate is included in the ad copy, the interest rate must be immediately followed by the text “(typical APR).”
• any invitation or inducement to engage in investment or to engage in claims management activity must be made by an approved or authorised person or it is exempt. It must also make clear that the value of investments is variable and can go down as well as up.

Cannabidiol (or CBD) is one of the naturally occurring cannabinoids found in the leaves, flowers and stem of hemp and cannabis plants. When extracted and refined, CBD can be suspended in liquid tinctures, blended into creams and lotions, or prepared as solids or liquids intended to be ingested by smoking or vaping.

It is the Advertiser’s responsibility to establish which regulatory regime applies to their CBD product and to ensure the products they are selling are compliant with applicable law. There are many things to consider in order to establish if and how they can market the product. For example, is it a controlled substance; is it a medicine; or is it a food/ food supplement.

Advertisers must ensure their CBD product:

• has been derived from an industrial hemp strain that is EU-approved;
• contains no more than 0.2% of THC (which refers to the cultivation of hemp (for which a licence is required) or lower;
• be correctly authorised/ licenced (see further details here);
• is safe; and
• does not contain substances that fall under drugs legislation.

Medicine

You must not sell, supply, or advertise, a medicinal product that does not have authorisation granted in accordance with EU law by the European Commission or the relevant licensing authority.

Advertisers should not make any claims that the CBD product can treat, prevent or cure a disease or an adverse condition, for example, cancer/ joint pains, or give/ make medical recommendations unless the product has been classified as a medicine and you may be required to provide proof of a medical license before it can be advertised.  For further information, see here.

Food/ Food Supplements

Where the CBD product is classified as a food/ food supplement (which includes, for example, oils, drops, gels, sweets, bread and drinks), advertisers can only make general claims in relation to CBD being “healthy”, “good for you” or “great start to the day!” (or similar) where it is accompanied by a relevant, specific authorised heath claim. See here for the guidance on nutrition and health claims on foods.  The specific health claim must appear next to or immediately following the general health claim. Food businesses should apply for authorisation of their CBD extracts and isolates to be placed on the UK market. For further details, see here.

Where it is determined that an Advertisement does not meet the regulatory or legal requirements, Yell reserves the right to amend, terminate or suspend the Advertisement without notice.

The Tobacco Advertising and Promotion Act 2002 prohibits press, poster, and most advertising on the internet for tobacco products (anything that contains tobacco, including cigarettes, cigars, rolling tobacco and smokeless tobacco products, such as those used in shisha and hookah pipes) and bans tobacco adverts targeted at the public. Business-to-business adverts are permitted. Marketing communications for rolling papers and filters and some point-of-sale advertisements are not covered by the ban. The law does not cover matches, lighters (although lighter fuel is covered) and specialist products, such as cigar cutters.

Advertisers should also note that although the legislation prohibits all traditional forms of advertising for tobacco products as well as online marketing communications, it does provide for some narrow exemptions; in particular, for displays of tobacco products and prices on an Advertiser’s website where such products are offered for sale.

The following products are unlikely to be prohibited and can be included in Advertising:

• non-nicotine liquids
• non-nicotine disposable e-cigarettes (not able to be refilled)
• non-disposable e-cigarettes designed to only take cartridges with non-nicotine containing fluid
• medicinal products (subject to separate medicines advertising legislation)
• e-cigarette components and accessories such as: batteries, power units, drip tips, wicking material, wire, and cases, where their presentation does not directly or indirectly promote a product that cannot be advertised in media subject to the prohibitions.

The following products are likely to be acceptable on an Advertiser's own website where only information is presented:

• Tobacco Products and Prices

Information provided in this context must only be factual and not promotional in nature. All retailers of tobacco products are required to display a statutory notice visible at the point of sale.

Advertisers must not mislead any consumer by omitting important information. They must mot mislead by hiding important information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.

Using claims such as “clinically” and “scientifically proven” or “with guaranteed results” is not permitted unless the Advertiser holds documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Yell may ask for such evidence and the Advertiser shall within seven (7) days of a request from us, provide or arrange the provision of the relevant documentary evidence. In the event, that it cannot be provided, Yell shall have the right to decline, suspend or cease to publish any Advertisement or part of any Advertisement, or suspend any Service, immediately and without prior notice in accordance with Clause 7 of Yell’s Advertising Terms & Conditions

The phrase “no win no fee” may only be used in an advertisement in accordance with CAP guidance available here.

The CAP Code states that comparative claims in advertising are permitted, provided they are not misleading in any way. Comparisons can only be made between products or services of the same or similar type. Listed below are some examples of acceptable and unacceptable statements.

• We have the largest and best stock of carpets and flooring in the Southeast
• We are the cheapest wholesaler in England!
• Very competitive prices! We will match the cost of branded products if you find the same model cheaper in another store
• We are one of the leading suppliers in the Southeast (if supported by independent statistics)

Comparative advertising should not directly or by implication question the quality, integrity or reputation of other businesses or their products.

• Don’t trust the cowboys come to us instead!
• Why use the sharks when you can get a truly reliable service with us?!
• We have built an excellent reputation as a caring family business in Torquay.
• We look after our customers and offer outstanding after sales service.

Advertising should not resemble any other so closely that it misleads or is likely to cause confusion.

• Never use well known slogans or copy used by other advertisers as they are likely to be trademarks or protected by copyright.
• Never copy the visual style of advertising used by others to avoid trademark, copyright infringement or passing off.
• Use fresh material and ideas.
• Obtain images from Yell’s general artwork studio.

Advertisements for the provision of services or products in the areas of Health and Beauty are regulated. This is by way of professional or regulatory bodies for health, and the ASA for beauty.

Advertisements offering advice or treatment for medical conditions are acceptable, provided they adhere to the CAP Code. The following guidance notes are taken from the CAP Code:

HEALTH – GUIDANCE NOTES

• Advertisements must not encourage users with serious or chronic medical disorders to visit them rather than their own doctor.
• The title “Doctor” or “Dr” may be used provided the Advertiser is a qualified medical practitioner.
• Advertisers qualified in other doctorates are also entitled to call themselves “Doctor” or “Dr” but must specify the subject so that users are aware if the qualification is non-medical.
• Abbreviations may be used, e.g., “D.Ch.” (Doctor of Chiropractice).
• Dentists may only use the title “Doctor” or “Dr” in an advertisement if the Advertiser is a dentist with a dentistry-related doctorate or PhD.
• Dental technicians are not permitted to advertise any service which necessitates working inside the patient’s mouth. (This is to ensure that such work is carried out only by qualified dental surgeons.) This prohibition includes the fitting, insertion or fixing of dentures, artificial teeth or other dental appliances.
• Establishments where medical treatment is offered, may not be described as “clinics” or “hospitals” in an advertisement unless they are under the direct supervision of a qualified medical practitioner(s).
• No advertisement should include details of the cure of an illness or disease as opposed to the relief of its symptoms.
• No advertisement should use testimonials or unrepresentative evidence to support exaggerated claims for the efficacy of a product or the relief of a particular condition.
• These unacceptable terms listed below must not be used within the bullets of their Yell.com product that appear on Yell.com’s search results page except for those permitted classifications as mentioned below.
• The following medical terms and conditions should not be used by advertisers unless explicit written permission is obtained from Yell or they appear under the Doctor’s (Medical Practitioners), Clinics (medical clinics only) or Hospital’s classifications or are recognised for use by suitably qualified health professionals as agreed by the ASA.
• Acceptable alternatives to medical terms are only appropriate for use by a suitably qualified health professional, for example, an individual subject to regulation by a statutory body, recognised medical or health professional and the Advertising Standards Authority.

Unacceptable medical terms and conditions and Acceptable alternatives (where applicable). This is not an exhaustive list and may from time-to-time change based on advice from CAP or the ASA. You can view the full list here

BEAUTY – GUIDANCE NOTES

• Some elective therapies, treatments and procedures that are made available (e.g., cosmetic surgery) should be properly carried out under the direct supervision of a qualified medical practitioner even though the advertising of such therapies may not appear in a “medical” classification.
• Use of terms such as lasers and IPL require the advertiser to be registered with the Care Quality Commission.

Unacceptable terms in Beauty Advertising and Acceptable alternatives (where applicable). This is not an exhaustive list and may from time-to-time change based on advice from CAP or the ASA. You can view the full list here

All Yell.com web advertisements must only contain the usual business trading name of the Advertiser, which must be the normal trading name of the business, i.e., the name registered at Companies House or the relevant financial services body, used on official company literature or on a company website. A business trading name cannot include the following unless it is the usual business trading name: –

• An e-mail address or full URL address for a website
• A Classification or a Location e.g., Joe’s Team Plumbers, Joe’s Team Berkshire or Joe’s Team Plumbers Berkshire

We do not recommend that Advertiser's include:

• A strapline e.g., Joe's Plumbing - Berkshire's best 24-hour plumbing service.

The standard address i.e., number/house name/business unit, street name, town and postcode published on Yell.com is that provided as a Free Listing with Yell. This can be changed to include a valid UK address where the business is located, subject to the branch policy set out in this clause 5.2. PO Box and mailbox numbers are considered acceptable however when included in a listing or advert, their prominence on the Yell.com search results may be detrimentally impacted as it is not considered a standard address.

Where an Advertiser has provided an address, that is not the genuine trading address then Yell reserves the right to terminate or suspend their advertisement without notice.

An Advertiser must meet the following criteria in order to use a branch address on Yell.com:

Be either: (1) part of the same legal entity or be part of the same company group, i.e., linked by common ownership (common directorship is not sufficient); or (2) be linked by formal franchise agreement.

All branches must: (1) have different address details to the holding company or head office; and/or (2) have some of the characteristics below:

• have public liability insurance to operate their business from the address of the branch; or
• comprise branch premises that are being leased, licensed, or owned as the primary business address by the employee or the legal entity and not just temporary occupation.

Multiple branches can have the same telephone number providing that the business name remains the same for each branch.

Advertisers shall have regard, in complying with the branch policy, to the objective of this paragraph which is to ensure that only those businesses which are genuinely related to the Advertiser and are genuinely associated businesses (and/or are linked through common ownership (or contractual relationship)) benefit from the main Advertisement.

An address can be suppressed (on Sponsored Listings, Local Presence Plus and Local Listings) where an Advertiser conducts their business over the internet, via a call centre or delivers (a service not requiring the user to physically visit your address). Please note, suppressing an address automatically suppresses the Map/Directions link and the Advertiser’s address will not be displayed on Proximity Searches or on the Multi Point map. An Advertisement must display either a phone number or a URL if the address is suppressed.

If an Advertiser wishes to suppress their address, they are required to contact Yell. Yell reserves the right at its sole discretion not to suppress an address. Yell also reserves the right to disclose an address of an Advertiser in the event of a complaint or we are required to do so by law.

If any user complaints are received or Yell views that an Advertiser does not comply with the eligibility rules, Yell will investigate this and has the right to turn off the address suppression option at any point during the contract.

Yell retains absolute discretion to decide if a business may benefit from this branch policy. Yell reserves the right without notice to withdraw, or suspend pending investigation, the advertising of a business benefiting from this branch policy if Yell does not reasonably believe that it is a genuine branch. Yell may ask you to provide such supporting documentation as may be required by Yell to verify that a branch address is genuine.

An Advertiser that only conducts business over the internet and not through voice-to-voice communication, does not need to display a telephone number within their advertisement.

Free Listings must include a telephone number which must not be a premium rate telephone number.

Advertisers cannot display premium rate telephone numbers in a Free Listing as call rate information, as defined and required by Phonepayplus guidelines, cannot be displayed on these types of listings.

If an Advertiser wants to display a premium rate number in a paid for advert the call rate information required by Phonepayplus must be included in the bullets/text. Alternatively, the Advertiser can choose not to display a telephone number in their paid for advert.

Where telephone numbers are included in an advertisement, they must fully comply with Phonepayplus guidelines where appropriate.

Phonepayplus is the industry-funded regulatory body for all premium rate charged telecommunication services. For more information about their guidelines please refer to their website www.phonepayplus.org.uk and follow the appropriate link.

Yell does not knowingly accept any telephone services that Phonepayplus determines to be of an adult nature including, without limitation telephone services accessed through telephone numbers prefixed 0908 and 0909.

Advertisements must appear under either:

• classification headings that describe the actual product or service offered; or
• any heading related to that product or service as defined by Yell, except for:
  • the Professional Services classifications further to section 1(A) above); or
  • advertisements on Yell.com which promote or link to sites promoting or enabling gambling, gaming, betting, lotteries, prize draws or paid entry competitions which are only acceptable within those classifications that describe actual product or service offered.

Where a business appears in a specific classification the Advertiser is responsible for ensuring it is entitled for the duration of the advertisement and shall continue to be entitled for the duration of the advertisement, to describe itself in this classification and that it holds appropriate and required licences, certificates, authorisations or permits as determined by laws, regulations, local council byelaws or other legal requirements.

Excluding Sponsored Listings (Local and Regional), Advertisers are permitted to order multiple advertisements within the same classification.

Typically, but not exclusively, Yell competitors will be businesses that provide internet services offering classified directory type searches or listings (but not search engines) as their main business/function.

Yell’s competitors’ advertising, as any other, will be accepted on Yell.com providing it adheres to the Policy.  Yell may however, at its sole discretion refuse a competitor’s advertising from parts of the site where its presence may confuse users, or it is detrimental to Yell’s reputation, brand, and/ or trademark.

In addition, with respect to our content pages, Yell may have exclusive third-party arrangement agreements running with content providers or third-party service providers. For the duration of these agreements Yell may exclude certain companies appearing on the provider pages or require provider approval before inclusion.

Any excluded companies may however advertise on other content pages within Yell.com at Yell’s discretion.

Yell may allow such competitor advertising as it feels appropriate in other products and services.

Adverts and Free Listings are ranked based upon the type of service purchased e.g., a Sponsored Listings or a Local Presence Plus, as well as its relevance to the search. The number of adverts and listings displayed for every search will be limited up to a maximum of 250 results over 10 pages. Yell does not guarantee that paid for advertisers will appear above Free Listings on a search results page. Determination of relevance is at the sole discretion of Yell.

Foreign language advertisements are acceptable provided they are supplied with a covering note detailing the English translation. Languages using non-English alphabet are not acceptable.

Yell may accept advertising from intermediaries or aggregators in the following products only: Advertiser Prominence, subject to Clause 5.5 above for Competitor Advertising. An intermediary is any business who acts as an agent/middleman and refers enquiries from Yell.com to a business or network of businesses.

Advertisement content displayed in Adverts and Profile Pages must not contain a PO Box Address. Internet Web Addresses (URL), email addresses, and telephone numbers can be included in a Free Listing or a Profile Page. Advertisers must ensure that they are licensed and/or authorised to use any music, logos, photos, or images contained within any video published on Yell.com. The video must not contain visually disturbing graphics (e.g., graphics that flash too fast or generally make the user experience of viewing the video very unpleasant), or be interactive (e.g., request that a user types text into a search field in the video) and comply fully with this Policy. Advertisers must be permitted to use any logo in their Yell.com advertisements. Trade association logos can be used, provided that  Advertiser remains a member of that association for the duration of the advertisement. Advertisers must have the relevant authority to use another company’s name as part of their “actual trading name”. Advertisers may be asked to provide written authorisation of the logo/ trade name usage.  Photos used in all Yell.com advertisements must show the Advertiers premises, products, and/ or services. Animated logos, images, or photos are not permitted within Prominence adverts. Only static images can be used. Websites hosted on a domain hosted by a third party e.g., eBay, Facebook, or Amazon, can be used provided the Advertiser has the relevant permission from that third party to use the URL to advertise on other websites. The Advertiser has overall responsibility to ensure they can use the link to the third-party site. The Advertisement hosted on the third party hosted website must also contain the Advertiser's contact information (to avoid confusion for users of Yell.com) and adhere to the Policy.

IMPORTANT – Limitations on QR codes

QR codes, as with any other image, are published on Yell.com in good faith.  By placing an advert containing a QR code the advertiser acknowledges and accepts that the reproduction of these codes may interfere with the function of the QR code. This in turn may lead to the QR code not working in some or all devices.  Yell strongly recommends the inclusion of an accompanying standard web address for all QR codes.