SMS Privacy Policies
When buying a number or registering the sender, you may be requested to provide a link to your webpage Privacy Policy and Terms of Services.
Privacy Policy
Ensure your privacy policy is easily accessible, either directly below the page from where you collect your users’ phone numbers or through a nearby link.
Key Points to include in the Privacy Policy for SMS Programs:
Responsibility for Consumer Data: Clearly state that you are responsible for protecting consumer information and that you will comply with all relevant privacy laws.
Accurate Information: The privacy policy must provide accurate and up-to-date information about the SMS program, including how data is collected and used.
Third-Party Data Sharing: You cannot share, rent, or sell consumers' SMS opt-in data or consent unless
Data Sharing Disclosure: If your privacy policy allows for sharing or selling data to third parties, you must explicitly disclose this.
In this case, include the following disclosure: “All the above categories of personal information may be used to support delivering targeted advertising and marketing offers via text messages and SMS consent.”
If the privacy policy does not mention data sharing, clearly indicate that SMS opt-in data will not be shared for non-service-related purposes.
Example disclosure: “We will not share your opt-in to an SMS campaign with third-party companies for unrelated marketing purposes. However, we may share your SMS opt-in consent with third parties that help us provide SMS services, such as platform providers and phone companies.”
Terms of Services
Display Guidelines:
Your Terms of Service must be visible and accessible both when users sign up for SMS communications and throughout the program. It should be easily accessible either directly below the form where users opt-in or through a nearby link.
Permanent URL Path: Your Terms of Service must have a permanent URL that users can easily find at any time.
Key Points to include in Terms of Service for SMS Programs:
Program Name: Clearly state the name of the SMS program (brand or service being offered).
Message Frequency: Disclose how often users can expect to receive messages (e.g., daily, weekly). It’s not necessary to send messages this frequently, but you must disclose the maximum frequency.
Product Description: Provide a clear description of the service or product being promoted via SMS.
Customer Care Contact Information: Include contact details (email, phone number) for customer support, so users can reach out with any concerns or questions.
Opt-out Information: Provide easy-to-understand instructions for how users can opt out of receiving future messages (e.g., texting “STOP”). This isn’t required for single-message programs.
Message and Data Rates Disclosure: If applicable, include a statement that “message and data rates may apply,” unless the program is free to end users (TFEU - Treaty on the Functioning of the European Union).
Types of Messages: Clearly state the types of messages users will receive (e.g., promotional, transactional).
Texting Cadence: Specify how frequently messages will be sent.
Privacy Policy: Provide a link to your privacy policy that outlines how users’ data will be handled.
Additional Terms: Mention any other relevant terms or costs associated with the SMS program.
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