SMS Privacy Policy and SMS Terms of Service

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.

SMS Privacy Policy

Carriers do not accept Messaging Programs of businesses that share, rent, or sell consumers' phone numbers and SMS opt-in data or consent for marketing purposes.

• Your Privacy Policy must be visible and easily accessible. If your business has a website, it should be online and available at all times on your website. • A link to the complete Privacy Policy should be located in the Call-to-Action / Opt-in Flow where the user learns about the SMS use case and consent to messaging.

• SMS Privacy Policy disclosures may be included in the overall Privacy Policy, as long as a link is available on the SMS Call-to-Action.

Key Points to include in the Privacy Policy for SMS Programs:

1. Responsibility for Consumer Data: Clearly state that you are responsible for protecting consumer information and that you will comply with all relevant privacy laws.

2. Accurate Information: The privacy policy must provide accurate and up-to-date information about the SMS program, including how data is collected and used.

3. Third-Party Data Sharing: You cannot share, rent, or sell consumers' SMS opt-in data or consent.

4. Disclosure about No Data Sharing of SMS Opt-in Data or Consent:

Any mentioning of 3rd Party Data Sharing, Renting, or Selling is not accepted by the carriers, unless a similar disclosure is included to address SMS Data and Consent, such as:

“All the above categories exclude text messaging originator optin data and consent; this information will not be shared with any third parties.” or

"We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages."

Failing to meet these carrier requirements may lead to Rejection of your SMS registration.

SMS Terms of Service

• Your Terms of Service must be visible and easily accessible. If your business has a website, it should be online and available at all times on your website.

• Complete SMS Terms of Service or a link to the complete and detailed SMS Terms of Service should be located in the Call-to-Action / Opt-in Flow where the user learns about the SMS use case and consent to messaging.

• Popups are not a method for displaying SMS Terms of Service.

• SMS Terms of Service may be included in the overall Terms and Conditions, as long as a link is available on the SMS Call-to-Action.

The following SMS program disclosures must be included within the SMS Terms of Service - either as a section in the general Terms of Service or in the SMS Call-to-action / Opt-in Flow:

• Brand name • Use case description, including the type of content that applies (marketing, 2FA, delivery notifications, order updates, etc.) • Message frequency disclosure, such as "Message frequency varies" or "2 SMS/week" • Customer care contact information, such as a toll-free number OR Support email, when available. OR "Text HELP to [procured sender number]" • HELP instructions • STOP instructions • “Message and data rates may apply” disclosure • Privacy Policy link • General Terms of Service link

Example of SMS Terms of Service including all required disclaimers: " When you consent to receive text messages from BRAND NAME, you agree to receive marketing and 2FA text messages from us at the phone number provided during sign-up. Message frequency may vary depending on the type of alert selected by you. Get Support at [email protected] or text 'HELP' to 123456. Send 'STOP' to opt-out of text messages at any time. Message and data rates may apply. Consent to SMS alerts is not a condition of purchase. Privacy Policy: https://www.examplebrand.com/privacy-policy and Terms: https://www.examplebrand.com/terms "