SMS TERMS & CONDITIONS:
SMS Communication Terms of Service MUST be included in the privacy policy or as a separate document. If the customer has a Terms and Conditions page, this information should be included there, and not in the privacy policy.
The Terms & Conditions MUST include the following:
SMS Terms & Conditions
- SMS Consent Communication:
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
- Types of SMS Communications:
If you have consented to receive text messages from [Company Name], you may receive messages related to the following (provide specific examples):
- Appointment reminders
- Follow-up messages
- Billing inquiries
- Promotions or offers (if applicable) {If you see the customer selected a conversational use case, do not add this reference to your email thread; instead, make sure the customer adds the matching use cases to this portion of the Terms info}.
Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. You can reply STOP to opt out of SMS messaging from (Brand Name) at any time.”
PRIVACY POLICY
- A company’s privacy policy must clearly state how customer information is collected, utilized, and shared.
- The privacy policy should be easy to find and linked to all pages (footer or header).
- The privacy policy needs to be on a single page or a pop-up window.
- The privacy policy’s sharing section must explicitly state: “Mobile Opt in, SMS Consent, and phone numbers collected for SMS communication purposes will not be shared with any third party or affiliates for marketing purposes.”
Additional Considerations:
- Please refrain from providing examples of full privacy policies.
- The privacy policy CANNOT be vague or simple; it needs to take all aspects of use, collection, and sharing into consideration.
- A company can share information as long as it DOES NOT share SMS consent or phone numbers for SMS by providing the disclaimer; it will be compliant.
- PDF files are generally acceptable for privacy policies when they are easily accessible and include the required SMS statement.
OPT-IN LANGUAGE
If a customer uses a contact form on the website to collect consent, incorporate a checkbox with the following statement:
“By checking this box, you agree to receive SMS messages from (company name) related to (SMS Use Case). You may reply STOP to opt out at any time. Reply to HELP to (phone number) for assistance. Messages and data rates may apply. Message frequency will vary. Learn more on our privacy policy page and Terms & Conditions. “
- Opt-in Message:
Thank you for opting into SMS messages from (Brand Name/DBA). To opt out at any time, reply STOP. For assistance, reply HELP. Message and data rates may apply. Messaging frequency may vary - Opt-Out Message:
Thank you for opting out of SMS messages from (Brand Name/DBA). You will not receive any further SMS communications. To opt back in at any time, reply START. - Help Message:
Thank you for contacting (Brand Name/DBA). For immediate assistance, please call (phone number) or visit (Website URL). Message and data rates may apply.
We need to update this regulation in your TCR with appropriate questions.
Please find the following helpful link for wording and an example for your registration submittal
Thank you for your understanding. If you have any questions, please let us know