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Suggested Inclusions for Terms of Service and Privacy Policy

This includes suggested inclusion for ToS and PP for merchants using Blustream SMS

The information contained in this document is not legal advice, but rather suggestions on additional terms which may be included in your Terms of Service and Privacy Policy due to your use of Blustream SMS. We recommend that you obtain professional legal advice to ensure that SMS marketing campaigns, Terms of Service and Privacy Policies fully comply with, all applicable laws and regulations, including without limitation in relation to personal data use and protection and the Telephone Consumer Protection Act and similar state laws. As is industry standard and required by applicable law, when you are receiving, accessing or using personal data for SMS marketing purposes, sending text messages or making automated or pre-recorded phone calls, you must obtain the consent of your customers for use of their data, to send those messages or make those phone calls, and have your customers review and accept your Terms of Service and Privacy Policy.   

 

In order to address the specific role of Blustream SMS in marketing campaigns, we suggest that you consider, at a minimum, including the following items in your Terms of Service and Privacy Policy:

Terms of Service

We recommend that your Terms of Service include the following information at a minimum:

  • A description of the SMS service: What the service is; how it is used; what shopper data is collected and used; and the type of messages shoppers will receive and when (how often), along with the company name or ID used to send the messages.
  • Product Related Notices: A clear statement that shoppers may be sent notices about your products or business or products the shopper already owns, including without limitation setup guides, usage tips, maintenance information, product recommendations and review requests
  • Clear opt-out instructions: How shoppers can unsubscribe from or opt out of the SMS service.
  • Help instructions: How shoppers can ask questions related to the SMS service.
  • Possible fees: What possible fees shoppers should expect, if any when you send them text messages or make telephone calls to them.
  • Reference to changed numbers and failed messages: Including a statement that shoppers must let you know when they change telephone numbers and provide you with their new telephone number.
  • Link to the Privacy Policy.
 

Example

The following is sample language which could cover the issues described above:

Company’s SMS marketing solution is used by Company to _________________ and to improve your shopping experience.  By consenting to [YOUR COMPANY’S NAME]’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications in relation to your order, including without limitation  text marketing offers and transactional texts, such as product information and offers and requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you do not wish to receive such text marketing messages and notifications,  reply with STOP to any mobile message sent from us. We may send a text in response confirming your request to us. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK TO YOUR COMPANY CONTACTS PAGE OR FORM, OR EMAIL ADDRESS] for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. You agree that the telephone number you provided to us is yours and if your telephone number changes, you must notify us of your changed number. Your right to privacy is important to us. You can see our Privacy Policy [LINK TO YOUR COMPANY’S PRIVACY POLICY] to determine how we collect and use your personal information.
 

Privacy Policy

We recommend that your Privacy Policy include the following information, at a minimum, if you are using Blustream SMS: a description of the SMS service you employ, when and what type of messages shoppers will receive, and how your Company will use the information provided by or related to shoppers.

Example

The following is sample language which could be inserted into your Privacy Policy to address such issues:

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including educational and maintenance content), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

As previously stated, the above information regarding Terms of Service and Privacy Policies represents suggestions only.  You are aware that protection of personal data is governed by local, state and national laws, and such laws vary based on where the shopper and merchant are located.  Before preparing and issuing any Terms of Service and Privacy Policy, please ensure that such documents are thoroughly reviewed by data privacy legal professionals to ensure that your company is compliant in all applicable jurisdictions.

 
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