Privacy policies and terms and conditions for SMS

A privacy policy and terms and conditions/terms of service are required when collecting personal information for SMS marketing

Save time: Did you know that we auto-generate a privacy policy and terms T&C/TOS documents for you when you register your account for SMS marketing? If you want to make further customizations, you can also download the documents, make your edits, and then upload them to host them in your Library.

A privacy policy and Terms of Service (TOS)/Terms and Conditions (T&C) are more than just nice-to-haves! Both are required to register for SMS messaging, and are also key to building trust with your customers. Privacy policies communicate what kind of personal information you're collecting and how you plan to use it, while the TOS/T&C provides users with information about your SMS marketing practices. 

Here's everything you need to know:

• Privacy policy content and template
• SMS terms and conditions content and template
• View an example of a landing page with privacy policy and T&C links

When you register for SMS, you can create your privacy policy and T&C/TOS documents during the registration process, or you insert the URL for your privacy policy and T&C/TOS documents that have either already been uploaded into your Library or are being hosted elsewhere online. If you need to make changes down the road, you can update your T&C/TOS or privacy policy at any time.

Be a better marketer: Need more information? Here's why you should have a privacy policy and terms of service.

Privacy policy content and template

Your privacy policy is an explanation of your organization's personal data collection practices and:

• Lists the kind of personal information you're collecting (name, email address, phone numbers etc).
• Lists the methods you use to collect personal data (a form, cookies, etc). If you plan to send abandoned cart messages, you must explicitly state how information is captured using cookies during a user’s shopping cart experience.
• Explains how you're using the personal data you collect (sending emails or text messaging, etc).
• Explains how you store, maintain, and safeguard the personal information you're collecting.
• Explains if, how, and why you share personal data with third-parties.
• Provides a method for correcting, verifying, changing, or removing personal information.
• Provides a description of the SMS service, including when and what type of messages users will receive. If you plan to send abandoned cart messages, you must explicitly describe cart reminders.

Important: Your state and industry impact what you need to include in your privacy policy. Start with this privacy policy template, or there are also privacy policy generators online that can help you document your own. Consider consulting with your legal counsel to ensure that you're being compliant with any applicable regulations. Learn more about why you need a privacy policy.

SMS terms and conditions content and template

Since Constant Contact’s SMS sign-up form collects a user’s consent to market to them via SMS messaging, you are required to link to and provide SMS T&C/TOS. You can either update your current T&C/TOS with mobile-specific language or create a unique set of mobile terms and conditions/terms of service.

Your mobile messaging T&C/TOS should include your SMS messaging program description, and wording around:

• Message frequency - Detail the number of messages your contacts can expect to receive.
• Possible fees - Explain the fees a contact may expect from their wireless provider.
• How to opt-in - Give a description of how a contact may opt-in to receiving messages from you.
• How to opt-out - Give a description of how a contact can opt-out of messages, including an alternative to “STOP”.
• Abandoned checkout messages -  If you plan to send an abandoned cart message, include a clear statement that services might include abandoned checkout reminders.
• Privacy policy -  Include a link to your privacy policy.

Important: Start with this TOS template, or there are also TOS/T&C generators online that can help you document your own. Just ensure you have specific mobile terms of service included in your terms of service, since it will provide users with information about your SMS marketing practices.

View an example of a landing page with privacy policy and T&C/TOS links

When your landing page appears to your audience, the URL to your privacy policy and T&C/TOS is included as part of the sign-up form:
 

Questions?