Privacy Compliance

Having a well-structured website is essential for your compliance with regulations. A key component of your website should be a Privacy Policy that clearly informs your customers about how their data is collected, used, and protected. Specifically, your Privacy Policy must state that SMS opt-in consent or phone numbers collected for SMS purposes will NOT be shared with third parties or affiliates for marketing purposes. The goal of the TCR is to enhance the security and trustworthiness of business texting and protect SMS messaging from spam.

In order to ensure that your privacy policy is thorough and compliant with regulations, it should cover the following:

In the privacy policy is important to include the SMS Consent: SMS opt-in or phone numbers for the purpose of SMS are not shared with any third parties or affiliate companies for marketing purposes


2. -Opt-in language is required on the website if its intake form is used to collect phone numbers: By adding a checkbox consent, the user must actively opt-in to receive text messages, rather than being automatically enrolled in a messaging program. This ensures that the user is fully aware of and agrees to receive these communications. It also provides a record of their consent in case of any future disputes.

Your website should include an opt-in checkbox that allows users to choose whether they wish to receive SMS notifications or not. This needs to be optional and should not force the customer

“By checking this box, I agree to receive Text messages about [Message Type] from [Company Name] at the phone number provided above. The SMS frequency may vary. Data rates may apply. Text HELP to (company phone number) for assistance. Reply STOP to opt out of receiving SMS messages from [Business Name]. You will receive no further SMS communication. you can find more information here [Privacy Policy URL]  and [Terms of Service URL] ”

Example:

I attached the example pic.

3. -Terms and Conditions (T&C) document should cover several key elements to set clear guidelines for both the business and users. Here's a breakdown of essential elements to include:
SMS CONSENT: 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

Upon consenting to receive text messages from [Business Name], you may receive communications related to [specific types of messages]. Please note that standard messaging disclosures apply.

Message Frequency

Our SMS message frequency is estimated to be [specific number or range] text messages daily across all users.

Potential Fees for SMS Messaging

Carriers may charge fees for each message sent or received. These fees can vary based on the carrier's pricing structure and whether the message is sent domestically or internationally.

Opt-In Method

Customers may opt-in for SMS messaging from [Company Name] verbally during a call initiated through our website ([website link]). During the call, customers will be asked: "Do you agree to receive texts from [Business Name]? Message frequency varies. Message and data rates may apply. Text HELP for help, text STOP to opt-out. See our privacy policy at [link]." This consent agreement will not be shared with third parties and affiliates for marketing purposes. No SMS communication will be initiated without customer consent.

Opt-out

Customers can opt-out of SMS messaging from [Company Name] by replying STOP at any time to any received SMS message. Once opted-out, they will receive no further SMS communication. Customers can opt back in at any time by replying START.

Standard Messaging Disclosures

Messaging frequency may vary.
Message and data rates may apply.
To opt out at any time, text STOP.
For assistance, text HELP or visit our website.
Visit [privacy policy] and [terms and conditions link] .