SMS Compliance Policy for Loading Dock Pro

1. Purpose

The purpose of this policy is to ensure that www.LoadingDockPro.com complies with all applicable laws and regulations related to SMS (Short Message Service) communications. This includes, but is not limited to, the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, and other relevant federal and state regulations. This policy establishes guidelines for obtaining consent, managing opt-outs, message content, data security, and record-keeping to protect the privacy and rights of our users.

2. Scope

This policy applies to all employees, contractors,  www.LoadingDockPro.com involved in SMS marketing or transactional messaging. It covers all aspects of SMS communications, including promotional messages, service alerts, and any other text-based communication sent to users via mobile devices.

3. Consent Requirements

3.1. Opt-In Consent:

  • All users must provide explicit written consent before receiving any promotional or marketing SMS messages. This consent must be obtained through a clear and conspicuous disclosure that describes the type of messages the user will receive, including the frequency and message content.
  • The opt-in process must include a method for the user to confirm their consent, such as replying with a keyword (e.g., “YES”) or completing a web form with an unchecked opt-in checkbox.

3.2. Transactional Messages:

  • Transactional or informational messages (e.g., order confirmations, appointment reminders) do not require explicit consent but must only contain information directly related to a user-initiated transaction.

3.3. Double Opt-In (If Applicable):

  • For certain campaigns, a double opt-in process may be required to ensure that the user has confirmed their consent. This involves sending a confirmation message to the user and requiring a response to activate their subscription.

4. Opt-Out Mechanism

4.1. Opt-Out Instructions:

  • All SMS messages must include clear and concise opt-out instructions, such as replying with the word “STOP” or a similar keyword. The opt-out process should be easy to use and immediately effective.

4.2. Opt-Out Management:

  • Upon receiving an opt-out request, the user must be immediately removed from the SMS distribution list. No further promotional or marketing messages should be sent to the user unless they re-subscribe.

4.3. Confirmation of Opt-Out:

  • After processing an opt-out request, a confirmation message must be sent to the user to confirm that they have been successfully unsubscribed from receiving further messages.

5. Message Content Guidelines

5.1. Content Accuracy:

  • All SMS messages must be truthful and not misleading. The content should clearly reflect the nature of the message, whether promotional or informational.

5.2. Prohibited Content:

  • Messages must not contain any prohibited content, including but not limited to, deceptive claims, false offers, illegal products, adult content, or messages intended to harass, defraud, or mislead recipients.

5.3. Message Frequency:

  • Message frequency must adhere to the expectations set during the opt-in process. Users must not receive more messages than what was disclosed during their consent process.

6. Data Security and Privacy

6.1. Data Protection:

  • Personal information collected for SMS communication purposes must be securely stored and protected against unauthorized access, disclosure, or misuse.

    6.2. User Data Retention:

    • User consent records, opt-in and opt-out logs, and message delivery data must be retained for at least four years to provide evidence of compliance in the event of a regulatory inquiry or dispute.

    7. Monitoring and Compliance

    7.1. Regular Audits:

    • Compliance with this policy must be monitored through regular audits of SMS campaigns and service provider practices. Any identified issues or non-compliance must be addressed immediately.

    7.2. Employee Training:

    • All relevant employees and contractors must receive training on this policy and applicable SMS compliance regulations. Training should be conducted at least annually or whenever there are significant changes to the law or company practices.

    8. Enforcement and Disciplinary Action

    8.1. Policy Violations:

    • Violations of this policy may result in disciplinary action, up to and including termination of employment or contracts. In cases where violations result in legal or regulatory penalties, responsible parties may be held personally accountable.

    9. Updates to the Policy

    This policy may be updated periodically to reflect changes in laws, regulations, or company practices. All updates will be communicated to employees and relevant stakeholders in a timely manner.

    10. Contact Information

    For any questions or concerns regarding this policy or SMS compliance practices, please contact our Compliance Team at 636-600-1500.

    Effective Date: 08/01/2024
    Last Updated: 09/30/2024