Tips for Creating a Business SMS Privacy Policy

As of August 31, 2023, mobile carriers have begun blocking business text messages sent from unregistered 10DLC numbers. To comply with the Telephone Consumer Protection Act (TCPA) and ensure message delivery, businesses must create an SMS privacy policy and meet updated registration requirements, including providing Terms & Conditions on their website.

This guide outlines essential components for building a comprehensive SMS privacy policy and meeting 10DLC compliance.

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.

Difference Between Terms & Conditions and a Privacy Policy

Terms & Conditions: Defines the rules for using your website, product, service, or SMS program, protecting your business’s rights.
Privacy Policy: Details how user data is collected, stored, and shared to protect customer privacy and ensure compliance.

Legal Considerations

Consult legal counsel to ensure your SMS privacy policy complies with all applicable laws, including TCPA regulations and specific carrier requirements for 10DLC registration.

SMS Privacy Policy Requirements

To comply with 10DLC regulations and ensure effective messaging campaigns, your SMS privacy policy must include the following:

Program Description: Clearly describe the nature of your SMS service, including the types of messages (e.g., promotions, updates) and the message frequency.
Personal Information Collection: Outline the types of personal information you collect (e.g., name, phone number, email) and how it’s gathered (e.g., through online forms, cookies).
Data Collection Methods: Explain how personal data is collected (e.g., via forms, cookies, or tracking technologies).
Use of Personal Data: Describe how personal data will be used, including sending SMS notifications, promotional content, or service updates.
Data Storage and Protection: Detail how personal information is secured, including encryption and storage protocols.
Third-Party Sharing: Clarify if and how personal data may be shared with third parties and why.
User Rights: Explain how users can review, modify, or delete their personal data.

Legal Additions for 10DLC Compliance

Terms & Conditions for SMS Campaigns: To complete the SMS registration process and ensure compliance, your SMS Terms & Conditions must include the following requirements.

Brand Name: Clearly state your business name.
Types of Messages: Specify the types of messages users will receive (e.g., appointment reminders, promotions).
Message Frequency: Include a disclosure about message frequency (e.g., “2 messages per week”).
Message and Data Rates Disclosure: Inform users that standard message and data rates may apply.
Customer Care Contact: Provide contact details for support, such as “Text HELP for support.”
Opt-Out Information: Clearly state how users can unsubscribe (e.g., “Text STOP to cancel”).

Example Messaging Terms & Conditions:

"You agree to receive informational messages (appointment reminders, account notifications, etc.) from [Company Name]. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at [support email]. You can opt out at any time by replying STOP."

Privacy Policy Language Examples:

"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."

Opt-In Compliance

Businesses using TeleVoIPs Messaging services must ensure all customers opting into SMS communications comply with these requirements. TeleVoIPs reserves the right to suspend accounts in cases of abuse.

Examples of Opt-In Language:

Website Opt-In: By submitting this form, you consent to receive marketing text messages from [Company Name]. Msg & data rates may apply. Msg frequency varies. Unsubscribe anytime by replying STOP. Privacy Policy [link] & Terms [link].
Keyword Opt-In: Text START to [phone number] to receive marketing text messages from [Company Name]. Msg & data rates may apply. Msg frequency varies. Unsubscribe anytime by replying STOP. Privacy Policy [link] & Terms [link].
Consumer-Initiated Messaging: By starting a text conversation with [Company Name] by texting [phone number], you agree to receive conversational messages. Msg & data rates may apply. Msg frequency varies. Unsubscribe anytime by replying STOP. Privacy Policy [link] & Terms [link].
Verbal Opt-In: Customers can opt in to receive SMS-based billing notifications. When providing their phone number, they will be informed that 'Message and data rates may apply' and that they can 'Text STOP to unsubscribe at any time.' Privacy Policy [link] & Terms [link].

Opt-Out Procedures

To comply with 10DLC regulations, businesses must allow users to opt-out by replying "STOP." Immediately cease sending messages to anyone who opts out.

(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.

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].

*This guide ensures your SMS campaigns comply with updated 10DLC requirements, including providing clear Terms & Conditions on your website, setting up a proper Call to Action, and maintaining privacy standards.*

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