SMS Privacy Policy


This information does not constitute legal advice. Every company has different policies, business needs, and compliance risks. We recommend seeking specific legal advice before adopting any of the compliance practices listed below.

Privacy Policy

Your privacy policy should clearly explain how you collect, use, disclose, and manage personal data when individuals opt into or participate in your SMS program.

To ensure clarity, you must either create a dedicated page for your SMS privacy policy or add an SMS section to your existing privacy policy page.

Requirements

It is not feasible to offer a one-size-fits-all list or template for an SMS privacy policy, as these need to be tailored to your specific business and processes. However, here are some guidelines:

Every privacy policy should include specific clauses that explain:

  • The types of data you collect
  • How you collect the data
  • How you use the data
  • How you store the data
  • The rights and choices consumers have
  • Whether you share or sell data to third parties

While you can have a separate privacy policy for SMS marketing, it's advisable to maintain a general privacy policy for your overall site.

Keep in mind, the complete list for your business might include additional components, so please consult your legal representative.

Third Party Sharing 

If your privacy policy includes sharing or selling data to nonaffiliated third parties, you must specify that this will not involve a user’s SMS opt-in data or consent status, as explicit, individual consent is required for SMS.

Privacy Policies are reviewed during vetting to ensure consumer data isn't transferred among various organizations without the consumer’s direct consent. To successfully address these requirements, we recommend adopting and including a process in the Privacy Policy that demonstrates that users' consent is required and that senders will otherwise refrain from sharing consumer data.

Example: "Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties."

 

Example SMS Privacy Policy

Below you'll find two examples of Text Messaging Privacy Policy sections that ensure SMS compliance.

Short:

Text Messaging Policy


Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

If you wish to be removed from receiving future communications, you can opt out by texting STOP or UNSUBSCRIBE.

 

Long:

SMS Policy

We respect your privacy and are committed to protecting your personal information. This section details how we handle information you provide through our SMS program:

Use of Information

  • Purpose: We use your information to send mobile messages and respond to your inquiries as necessary. This may involve sharing your information with platform providers, phone companies, and other vendors who assist in message delivery.
  • Protection of Information: We do not sell, rent, loan, trade, lease, or otherwise transfer for profit any phone numbers or customer information collected through the SMS program to any third party.
  • Disclosure: We may disclose your information if required by law, regulation, or governmental request, to avoid liability, or to protect our rights or property.

Choices and Controls

  • Consent: Consent to receive automated marketing text messages is not a condition of any purchase.
  • Opt-Out: You can opt out of receiving further text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

Your Responsibilities

  • Accurate Information: Ensure that the information you provide is accurate, complete, and truthful. Do not use a false or misleading name or a name you are not authorized to use.
  • Consequences: If we believe the information provided is untrue, inaccurate, or incomplete, or if you have joined the program for ulterior motives, we may deny you access to the program and take appropriate legal actions.

This SMS Privacy Policy is strictly limited to our SMS program and does not affect any other privacy policies that may govern your relationship with us in other contexts.

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

 

 

 

 

 

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