OUR SERVICES PROVIDE USERS SUCH AS INDIVIDUAL SALES PEOPLE, SALES TEAMS, BUSINESSES AND ORGANIZATIONS WITH A VARIETY OF TOOLS TO HELP COMMUNICATE WITH CLIENTS AS WELL AS A TOOL TO HELP THE USERS IMPORT THEIR CLIENTS’ DATA. THROUGH THE SERVICES, USERS CAN MONITOR NOTIFICATIONS, CREATE CAMPAIGNS AND INTEGRATE WITH THIRD-PARTY SYSTEMS. WE PROVIDE CERTAIN TECHNICAL SUPPORT FOR THE SERVICES. OUR PROVISION OF THE SERVICES TO YOU IS EXCLUSIVELY GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, REGARDLESS OF WHETHER YOU ARE USING THE SERVICES THROUGH OUR WEBSITE OR THROUGH AN API, OR THIRD-PARTY INTEGRATION. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LAWS THAT APPLY TO THE COMMUNICATIONS YOU SEND USING OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THE U.S. CAN-SPAM ACT FOR EMAIL, THE FCC’S TCPA REGULATIONS, AND FTC ADVERTISING REGULATIONS.
General Information For You: YOU ACKNOWLEDGE THAT WE ARE NOT ATTEMPTING TO INTERPRET LAWS AND REGULATIONS FOR YOU REGARDING YOUR COMMUNICATIONS THROUGH OUR SERVICES, NOR ARE WE PROVIDING LEGAL ADVICE, AND THE FOLLOWING GENERAL INFORMATION SHOULD NOT BE RELIED UPON AS SUCH. INSTEAD, THE FOLLOWING IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED SOLELY FOR PURPOSES OF GENERAL INFORMATION.
The following terms and information constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of the Services. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.
What is spam?
Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number. Before using the Services, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.
TCPA – Telephone Consumer Protection Act (Federal Law)
CAN-SPAM Act – simplified list of requirements of the Controlling the Assault of Non-Solicited Pornography And Marketing Act (Federal Law)
MMA – the Mobile Marketing Association’s Consumer Best Practices for Messaging
CTIA – the Wireless Association’s best practices for facilitating the exchange via transmission, storage and retrieval (exchange) of messages via wireless provider messaging networks
CRTC (for sending messages to Canada) – Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure
What constitutes consent?
As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or “liking” or “following” your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.
What constitutes prior express written consent?
If you are sending text or voice solicitations, your campaign must meet the “prior express written consent” standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
Signing the agreement authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system, BUT the consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording.