Service Digital Engagement: Short Code Application: ToS & Privacy Policy

For Service (formerly Service Cloud) Digital Engagement, ‌mobile carriers require short-code-specific language in your published Terms of Service and Privacy Policy. There are a number of places where they require you to point end-users/recipients to those policies.
 

CTIA provides these guidelines:

Message Senders are responsible for protecting the privacy of Consumers’ information and must comply with applicable privacy law. Message Senders should maintain a privacy policy for all programs and make it accessible from the initial call-to-action. When a privacy policy link is displayed, it should be labeled clearly. In all cases, terms and conditions and privacy policy disclosures must provide up-to-date, accurate information about program details and functionality.

This is a list of the most important aspects of the ToS and Privacy Policy requirements:

• You will need a section in your Terms of Service that specifically addresses and calls out the short code.
• You can submit a draft of the short-code-specific ToS language to begin the application submission process, but that content must be published before the carriers begin their evaluation.
• Use cases might require different disclosures in the full terms and conditions. In all cases, terms and conditions and privacy policy disclosures must provide up-to-date, accurate information about program details and functionality.
• Verizon requires that your privacy policy states that opt-ins to your short code will not be shared or used for other purposes. Example: "Mobile opt in data will not be shared with third parties or affiliates"

Example of TOS:

The TOS example below will help to guide you on what will be acceptable to the carriers. (XYZ should be replaced with your short code campaign name or company name; 12345 should be replaced with your specific short code)

1.General
XYZ provides High Availability SMS communications targeted at the Enterprise sector.
SMS messages sent through our XYZ dedicated short code are sent by employees to our customers for notification of either service events and/or maintenance windows regarding the services provided.
Communications through our short codes services are on an Opt In basis. CTA will be advertised on the web to Employees only; the SC will not be marketed.

2.Opt-In/Opt-Out
User will opt-in to the short code program via keyword (“XYZ”). Message and data rates may apply. Msg freq. varies per user. Text "HELP” (Help must be bold) to 12345 for help. Text "STOP" to cancel.

You can cancel this service at any time. Just text "STOP" to 12345. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

3. Help
If at any time you forget what keywords are supported, just text "HELP" to 12345. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. Participating carriers
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile and Cricket.
T-Mobile is not liable for delayed or undelivered messages.

5. Rates
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Support
For support, please email us at XYZsupport@XYZ.com or call us at 888-xxx-xxxx.

7. Privacy Policy
If you have any questions regarding privacy, please read our Privacy Policy which can be found at http://XYZ.com/tos/Privacy_Policy.html

Additional Situational Content Callouts:
Include - STOP instructions in BOLD lettering, HELP instructions in BOLD lettering, Include the opt in keyword in BOLD lettering, Program or product name, “Msg&Data Rates May Apply”, Customer Service Contact Information (a toll-free number, a web submission form or an email address) Message Frequency (message frequency or an indication that messages are recurring/on-going), all material terms and conditions of the program should be clearly communicated & a link to the Privacy Policy.

T-Mobile requires the following on terms and conditions page: 'T-Mobile is not liable for delayed or undelivered messages' (recommended to place below the supported carriers list).

With recent TCPA changes, you may also want to include the following: Purchase is not a requirement of the SMS program.

Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.