SMS Marketing Compliance & Best Practices

SMS capabilities are currently available to North American customers only. We look forward to implementing GDPR-compliant SMS functionality for our UK customers in the future.

Overview

When you make use of our SMS Marketing tool, ensuring compliance with Data Privacy Regulations becomes crucial. To assist you in this endeavor, we have compiled a list of essential best practices.

 Compliance and Best Practices

1. Business Identification: Ensure that all outgoing text messages prominently feature your business's name, clearly identifying the sender to recipients.
2. Content Restrictions: Avoid promoting content such as hate speech, specific firearms, or violence through SMS messaging. 
3. Opt-In Methods: Consumers need to explicitly consent to being enrolled in SMS marketing campaigns. Implement TCPA-compliant methods for collecting SMS marketing opt-ins, such as:
   • Paper Form: Obtain consent through a paper form that explicitly states the agreement to receive text messages via their phone number from your business.
   • Online Form: Use an online form that clearly mentions the subscription to receive text messages through their phone number from your business.
   • Website Popups: Allow consumers to subscribe through a website pop-up form that provides program details and an opt-in option.
     GotPhoto already does this for any customer interactions that take place in your GotPhoto shop(s). If you are collecting phone numbers outside GotPhoto, we encourage you to comply with the above suggestions for obtaining SMS opt-in consent.
4. Subscription Details: When consumers opt-in, provide them with:
   • A brief description of the type of content to which they've subscribed.
   • An estimate of the average number of messages they should expect within a specific period.
   • Instructions on how to opt-out (STOP instructions) and access help information
     Again, GotPhoto takes care of this for youfor any customer interactions that take place in your GotPhoto shop(s). If you are collecting phone numbers outside GotPhoto, we encourage you to comply with the above suggestions.
5. Opt-Out Instructions: Incorporate opt-out instructions at regular intervals within your SMS messages, making it easy for recipients to unsubscribe.
   GotPhoto does this for you. With every text message you send, the instructions for how to opt-out will automatically appear at the end of the text message: “Reply STOP to opt-out.” 
6. Legal Documentation:When individuals opt-in to receive your texts, provide them with access to essential legal documentation, including privacy policies and terms of service. This documentation should cover:
   • How their mobile number will be stored and used.
   • Details on the types of messaging they'll receive.
   • Messaging frequency and originating senders.
   • Clear instructions on how to opt-out and seek assistance.
   • Expressed Consent: Obtain explicit written consent from consumers using mobile devices before sending them marketing text messages.
   • Make this consent language highly visible and close to the call to action.

7.  Comply with the Children's Online Privacy Protection Act (COPPA) by including a clear privacy notice on your website's homepage and wherever user data is collected. Your privacy policy should:

   • Identify who is collecting and maintaining user information.
   • Specify what information is collected.
   • Provide contact information for those responsible.
   • Explain how collected information will be used.
   • State whether it will be shared with third parties and for what purpose.

8.  Additionally, you must provide direct notice to parents and obtain "verifiable parental consent" before collecting or using personal information from children, even if consent has been granted before, especially when changing privacy policies. You are required to maintain the confidentiality, security, and integrity of the information collected and retain personal information collected from a child only for as long as is necessary to fulfill the purpose for which it was collected.

   You can upload or modify your privacy policy and terms of service directly to your GotPhoto account at any time. 

   ⚠ Important: GotPhoto does not provide legal advice, and laws vary from state to state. We encourage you to check with your state laws and appropriate counsel about the type of legal documentation you should be providing in your GotPhoto shop.

9. TCPA Compliance: Comply with the Telephone Consumer Protection Act (TCPA) by observing specific rules, such as not sending messages during "quiet hours" (9 pm - 8 am) in the recipient's time zone and providing clear instructions for opting out.
   GotPhoto does this for you, by preventing text messages from being sent from your account during quiet hours.

The Takeaway

By following these SMS marketing compliance and best practices, you can engage with your audience effectively while respecting their privacy and legal requirements.