SMS capabilities are currently available to North American customers only. We look forward to implementing GDPR-compliant SMS functionality for our UK customers in the future. Table of contents
Overview
When you make use of our SMS Marketing tool, ensuring compliance with data privacy regulations becomes crucial. To assist you in this endeavor, we have compiled a list of essential best practices.
Compliance and best practices
- Business identification: Ensure all outgoing text messages prominently feature your business's name to clearly identify the sender.
- Content restrictions: Avoid promoting content such as hate speech, specific firearms, or violence through SMS messaging.
- Opt-in methods: Consumers must explicitly consent to being enrolled in SMS marketing campaigns. Use TCPA-compliant methods to collect opt-ins, such as:
- Paper form: Clearly state consent to receive texts from your business.
- Online form: Make it explicit that the customer is subscribing to SMS messages.
- Website popups: Include program details and an opt-in checkbox.
GotPhoto already does this for interactions in your GotPhoto shop(s). If you're collecting phone numbers elsewhere, please follow the above guidance.
- Subscription details: When customers opt in, inform them of:
- The type of content they'll receive
- Estimated message frequency
- How to opt out and request help
Again, GotPhoto provides this automatically for interactions within your shop(s).
- Opt-out instructions: Include clear opt-out instructions in every SMS.
GotPhoto does this automatically by including “Reply STOP to opt-out” in every text. - Legal documentation: Provide access to privacy policies and terms of service at the time of opt-in. This should cover:
- How mobile numbers will be stored and used
- What types of messages they'll receive
- Frequency and sender identity
- Clear opt-out and help instructions
- Explicit written consent requirements
- Highly visible consent language near the call to action
- Comply with COPPA: Your privacy policy must:
- Identify data handlers
- List what data is collected
- Provide contact info
- Explain how data will be used
- Disclose if shared with third parties and why
- Also, ensure you:
- Notify parents and obtain verifiable parental consent before collecting info from children
- Protect, limit, and secure data use and retention
Upload or edit your privacy policy and terms of service directly in GotPhoto.
⚠ Important: GotPhoto does not provide legal advice. Consult your local laws and legal counsel for compliance support.
- TCPA compliance: Comply with the Telephone Consumer Protection Act by:
- Avoiding messages during “quiet hours” (9 pm – 8 am in the recipient's time zone)
- Providing clear opt-out instructions
- GotPhoto automatically prevents texts from being sent during quiet hours.
The takeaway
By following these SMS marketing compliance and best practices, you can engage with your audience effectively while respecting their privacy and legal obligations.