Tips for Creating a Business SMS Privacy Policy

As of August 31, 2023, all major mobile carriers have begun blocking business text messages sent from unregistered 10DLC numbers. To avoid application rejections due to TCPA compliance, it is essential for businesses to establish a comprehensive SMS privacy policy. This guide outlines the key components your SMS privacy policy must include to ensure compliance and facilitate a successful 10DLC registration process.

What is an SMS Privacy Policy?

An SMS privacy policy defines on how you gather, use, disclose, and manage personal information from individuals who opt into our SMS communications. A well-structured policy promotes transparency and builds trust with our users.

What’s the difference between terms and conditions & a privacy policy?

The terms and conditions specify the rules for using your website, product, service, or SMS program, protecting your business's rights. Meanwhile, your privacy policy outlines how user data is collected, stored, and shared to protect visitors' rights.

Important Legal Considerations

This guide serves as a foundational framework for crafting an SMS privacy policy. For a comprehensive and tailored policy, we strongly recommend consulting with legal counsel to ensure compliance with relevant laws and regulations specific to your operations.

SMS Privacy Policy Requirements

While every business has unique processes and practices, the following minimum requirements are necessary for SMS privacy policy:

Program Description: Clearly articulate the nature of the SMS service. Specify the types of messages users can expect to receive, including frequency and content (e.g., promotional offers, service updates).
Personal Information Collection: Detail the types of personal data collected from users, such as names, email addresses, phone numbers, and any other relevant information.
Data Collection Methods: Describe how personal data is gathered. This may include online forms, cookies, or other tracking technologies.
Use of Personal Data: Explain the purposes for which personal data is utilized, including sending SMS notifications, promotional content, and other relevant communications.
Data Storage and Protection: Detail measures for storing, maintaining, and safeguarding personal information. This includes security protocols and data encryption practices.
Third-Party Sharing: Clarify whether, how, and why personal data may be shared with third parties. Provide details about any partners or services involved in processing data.
User Rights: Offer clear options for users to review, correct, modify, or delete their personal information. This empowers users to manage their data and preferences effectively.

(IMPORTANT NOTE!)

Disclaimer: THIS SAMPLE PRIVACY POLICY IS NOT LEGAL ADVICE AND IS FOR INFORMATIONAL PURPOSES ONLY. This sample privacy policy may not meet all the legal requirements applicable to you. For example, if you are subject to privacy legislation such as the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), or similar privacy legislation, you may be required to provide additional disclosures and rights to your users. Privacy legislation is also continuously evolving, and you should review your privacy policy and privacy obligations regularly. Additionally, a privacy policy that does not accurately or adequately disclose your practices can expose you to legal risks. We recommend consulting with your legal counsel before adopting this privacy policy.

*The highlighted in yellow will need to be reviewed with legal to check if you regulate these guidelines with your SMS Policy.

TEMPLATE PRIVACY POLICY

Most Recent Update:[insert date]

This Privacy Policy explains how [insert your business's legal name] collects, uses, and discloses personal information of its customers, prospective customers, and visitors to its website at [insert your website address]

COLLECTION OF PERSONAL INFORMATION

Information collected directly from you: We may collect personal information directly from you, for example [through a web form, during an online or in-person registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout]. Personal information we collect directly from you may include [first and last name, address, email address, and phone number].

Information gathered through our SMS campaigns will not be shared for marketing purposes or similar.

Information collected from your device: Our website may use tracking technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device, including for example [your IP address, browser and operating system information, geographic location, referring website address, and other information about how you interact with the website]. Our website may also use cookies to personalize your experience and enable certain features [such as keeping track of items you put in your shopping cart]. You may disable cookies in your web browser however parts of our website may not function properly. More information about blocking and deleting cookies is available at http://www.allaboutcookies.org. Our email campaigns may also use tracking technologies such as web beacons, pixels, and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

Information collected from our advertising partners: We may collect personal information about you from our advertising partners. Personal information we collect from our advertising partners may include [your demographic information, shopping history, and geographic location].

Additional Important Information:

Opt-In Compliance

All customers utilizing TeleVoIPs Messaging services must comply with applicable opt-in requirements. SMS messages should only be sent to recipients who have opted into your service and/or expect communication from you. TeleVoIPs reserves the right to block messaging services or suspend your account if abuse is reported.

Opt-Out Procedures

Users can opt out of SMS communications by replying "STOP" to any message received. Businesses are required to immediately stop messaging to any number that submits an opt-out request.

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