Everyone is on their phone for hours a day, so it’s no surprise that SMS marketing is a popular business strategy. These simple push notifications can help your business alert customers on sales, events, or updates, but they come with additional legal requirements.
Online data protection and privacy are important to both individuals and businesses, and this extends to data collection on websites, software, and mobile phones. Before adding a text messaging service to your marketing strategy, you must create an SMS Privacy Policy.
An SMS Privacy Policy informs users of your data collection, storage, and sharing policies when they opt-in for SMS messaging. It details what information you collect, the types of messages a subscriber will receive, safeguards for personal information, and how subscribers can opt out of the messaging.
An SMS Privacy Policy may also be known as a:
Any business that wants to create SMS marketing campaigns needs an SMS Privacy Policy. the Telephone Consumer Protection Act (TCPA) and the Can-Spam Act regulate these messages by enforcing privacy policies that protect users from unwanted solicitation and data collection.
A comprehensive SMS privacy policy should break down what information is collected, the types of messages subscribers will receive, and how they can opt out of those messages. Most importantly, the TCPA requires businesses to get express written consent from consumers before sending messages.
International privacy laws state that any organization or individual that collects user data must inform its users of its policies. For example, companies with users in the EU must have a privacy policy that complies with the General Data Protection Regulation (GDPR). Other regulations that call for a privacy policy include, but are not limited to, the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (CDPA).
Essentially, you need an SMS Privacy Policy if you plan to send messages and collect user data through SMS marketing.
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If you’re ready to create an SMS Privacy Policy, it’s critical to understand what information is required based on federal and international guidelines. A well-written opt-in and opt-out message is a great starting point, but there are a few other requirements to be SMS compliant.
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An SMS Privacy Policy is required for any business that sends SMS messages. However, there are no signing requirements when creating an SMS Privacy Policy, such as having a witness or notary public present.
Once you have an SMS Privacy Policy customized for your business, it’s best to add a link within your opt-in message. The TCPA requires all businesses to receive express written consent from consumers, and adding your privacy policy to your opt-in message ensures subscribers are aware of your policies.
For further best practices, continue to prompt users over time to read your SMS Privacy Policy and always include your opt-out message. Your policy details should never be hidden and always clearly displayed for all potential and existing subscribers.
A Website Privacy Policy and SMS Privacy Policy are both legally binding documents informing users of data collection policies. A Website Privacy Policy details how a website collects, stores, and shares data. An SMS Privacy Policy breaks down any data collection over text messaging, the opt-in and opt-out messages, and the business’s SMS marketing purposes.
Some businesses include their website and SMS policies in one comprehensive privacy policy.
Yes. The TCPA and CAN-SPAM Act are U.S. federal laws that enact multiple regulations over SMS marketing programs on behalf of consumers. Requirements include keeping an updated privacy policy on your SMS messaging program.
No. You cannot copy another business’s SMS Privacy Policy. Every business should have its own privacy policy protected by copyright and customized for its unique marketing purposes.
The TCPA and CAN-SPAM Act state that businesses cannot send unsolicited spam text messages without express written consent from a subscriber. There are also various federal and international laws concerning consumer data privacy. Without an SMS Privacy Policy, you open your business to more liability and can incur hefty federal fines.
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