SMS Privacy Policy

An SMS Privacy Policy is a legally binding document that informs users who opt-in for SMS messaging about your data collection policies.

Everyone is on their phone for hours a day, so it’s no surprise that SMS marketing is a popular business strategy. These simple push notifications can help your business alert customers on sales, events, or updates, but they come with additional legal requirements.

Online data protection and privacy are important to both individuals and businesses, and this extends to data collection on websites, software, and mobile phones. Before adding a text messaging service to your marketing strategy, you must create an SMS Privacy Policy. 

What Is an SMS Privacy Policy?

An SMS Privacy Policy informs users of your data collection, storage, and sharing policies when they opt-in for SMS messaging. It details what information you collect, the types of messages a subscriber will receive, safeguards for personal information, and how subscribers can opt out of the messaging.

Other Names for SMS Privacy Policy

An SMS Privacy Policy may also be known as a:

• Privacy Notice
• Privacy Statement

Who Needs an SMS Privacy Policy?

Any business that wants to create SMS marketing campaigns needs an SMS Privacy Policy. the Telephone Consumer Protection Act (TCPA) and the Can-Spam Act regulate these messages by enforcing privacy policies that protect users from unwanted solicitation and data collection. 

A comprehensive SMS privacy policy should break down what information is collected, the types of messages subscribers will receive, and how they can opt out of those messages. Most importantly, the TCPA requires businesses to get express written consent from consumers before sending messages.

International privacy laws state that any organization or individual that collects user data must inform its users of its policies. For example, companies with users in the EU must have a privacy policy that complies with the General Data Protection Regulation (GDPR). Other regulations that call for a privacy policy include, but are not limited to, the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (CDPA).

Essentially, you need an SMS Privacy Policy if you plan to send messages and collect user data through SMS marketing.

Why Use Swyftfilings for Your SMS Privacy Policy?

Customized for You, by You

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your SMS Privacy Policy.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyftfilings is customized for your state.

How to Create an SMS Privacy Policy With Swyftfilings

If you’re ready to create an SMS Privacy Policy, it’s critical to understand what information is required based on federal and international guidelines. A well-written opt-in and opt-out message is a great starting point, but there are a few other requirements to be SMS compliant.

Let Swyftfilings help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My SMS Privacy Policy?

To create your document, please provide:

• Company Information: Fill in your company name and website address. 
• Personal Information: Disclose what personal data you’ll collect from users, such as names, phone numbers, messages, and IP addresses, and how you’ll use it.
• Security: Indicate how long you store user data and any security measures. 
• Messaging: Include your opt-in and opt-out messages.
• Minors: Disclose whether users between the ages of 13 to 18 can opt-in to your messages. 
• Contact Information: Select your preferred contact method.
• Effective Date: Choose the date the document goes into effect.

SMS Privacy Policy Terms

• Personal Information: Users’ personal information includes names, telephone numbers, text message details and content, and messaging history. 
• Affiliates: A business that receives a percentage of sales for each sign-up they generate for another company.
• Opt-in/Opt-out: When a user subscribes or unsubscribes from text messages. 
• Short Code: Short number sequences five or six digits in length that organizations use to send out SMS marketing programs.

SMS Privacy Policy Signing Requirements

An SMS Privacy Policy is required for any business that sends SMS messages. However, there are no signing requirements when creating an SMS Privacy Policy, such as having a witness or notary public present. 

What to Do With Your SMS Privacy Policy

Once you have an SMS Privacy Policy customized for your business, it’s best to add a link within your opt-in message. The TCPA requires all businesses to receive express written consent from consumers, and adding your privacy policy to your opt-in message ensures subscribers are aware of your policies.

For further best practices, continue to prompt users over time to read your SMS Privacy Policy and always include your opt-out message. Your policy details should never be hidden and always clearly displayed for all potential and existing subscribers.

Depending on your state, a SMS Privacy Policy may also be known as:

If you need to formalize agreements and ensure legal compliance, this document is an essential tool.

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your SMS Privacy Policy.

Laws vary by location. Each document on Swyft Forms is customized for your state.