WellGrow.io SMS Compliance Policy
Introduction
At WellGrow.io, we value the privacy and preferences of our clients and their customers. This SMS Compliance Policy outlines the guidelines and standards we follow to ensure all SMS communications are compliant with relevant regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and the General Data Protection Regulation (GDPR).
Consent and Opt-In Requirements
- Prior Consent: We require prior express consent from recipients before sending marketing, promotional, or transactional SMS messages. This includes:
- Written consent (via web forms, physical forms, or other methods).
- Verbal consent (which must be documented for proof).
- Clear and Conspicuous Disclosure: When collecting opt-ins, WellGrow.io ensures that individuals clearly understand:
- They are agreeing to receive SMS communications.
- The frequency of messages.
- The potential for message and data rates to apply.
- Double Opt-In: Where applicable, we may implement a double opt-in process, where recipients confirm their consent a second time by replying to an initial message. This reduces the risk of unintentional subscriptions and enhances compliance.
Message Content and Frequency
- Clear Identification: Every SMS sent by WellGrow.io or on behalf of our clients will clearly identify the sender and provide information about the content or purpose of the message.
- Transactional vs. Promotional Messages:
- Transactional SMS: Messages sent for the purpose of providing requested services, updates, or alerts (e.g., appointment reminders) must still adhere to consent guidelines, though they may differ from promotional content.
- Promotional SMS: Messages promoting products, services, or offers require express consent and must include opt-out instructions.
- Message Frequency: SMS campaigns must communicate to recipients the expected frequency of messages during the opt-in process (e.g., “You will receive 4 messages per month”). Recipients must be informed if this frequency changes.
Opt-Out and Opt-In Management
- Opt-Out Mechanism: All messages sent by WellGrow.io must include a clear and simple way for recipients to opt out, such as replying “STOP” to any received message. Once an opt-out request is received, the system must ensure the recipient is unsubscribed immediately, and no further messages are sent to them unless they opt-in again.
- Opt-In Re-Subscription: If a recipient unsubscribes but wishes to receive SMS messages again, they must explicitly re-opt-in, which follows the same procedures as the initial opt-in process.
- Opt-Out Confirmation: Upon receiving an opt-out request, a confirmation message is automatically sent to the recipient acknowledging their unsubscription and confirming no further messages will be sent.
Data Protection and Privacy
- Data Security: WellGrow.io ensures that all personal data collected during the SMS opt-in process, including phone numbers and message history, is securely stored, encrypted, and protected against unauthorized access.
- Data Retention: WellGrow.io retains proof of consent for SMS communications (e.g., timestamps and IP addresses) for a minimum of 4 years to comply with regulations and resolve disputes. This data is accessible only to authorized personnel.
- Data Sharing: We do not sell, rent, or share recipient data with third parties for marketing purposes without explicit consent from the recipient. Data may only be shared with authorized third parties who provide SMS services or marketing support for WellGrow.io’s operations, and only under strict confidentiality agreements.
Compliance with Laws and Regulations
- TCPA Compliance: We strictly adhere to the Telephone Consumer Protection Act (TCPA), which requires that:
- Express written consent is obtained prior to sending marketing messages.
- A compliant opt-out mechanism is provided and honored promptly.
- SMS messages are sent only between 8 AM and 9 PM recipient local time, unless the recipient has opted-in for communications outside of these hours.
- CAN-SPAM Act: In alignment with the CAN-SPAM Act, WellGrow.io ensures all SMS communications:
- Do not use false or misleading information.
- Include accurate sender identification.
- Provide a clear opt-out method in every message.
- GDPR Compliance: For individuals located within the European Union, WellGrow.io ensures that SMS campaigns are fully compliant with the GDPR. Recipients must provide explicit consent before receiving marketing messages, and they must be able to request access to, correction of, or deletion of their data.
Third-Party Service Providers
- Approved Providers: WellGrow.io works exclusively with reputable SMS service providers that comply with all legal requirements and industry standards for data protection and SMS delivery.
- Monitoring and Compliance Audits: We periodically audit our SMS service providers to ensure compliance with this SMS Compliance Policy and applicable regulations. Any discrepancies are addressed immediately to ensure continued adherence.
Enforcement and Violations
- Policy Violations: Any violation of this policy by employees, partners, or affiliates of WellGrow.io will result in immediate investigation and corrective action, which may include termination of employment or partnerships.
- User Reporting: Recipients who believe they have received SMS messages from WellGrow.io in violation of this policy are encouraged to report the incident to support@wellgrow.io. We take all complaints seriously and investigate them promptly.
Policy Updates
This SMS Compliance Policy may be updated periodically to reflect changes in the law or WellGrow.io’s practices. We encourage clients and recipients to review this policy regularly to stay informed about our current practices.
Contact Us
For any questions or concerns about this SMS Compliance Policy, please contact us at:
- Email: support@wellgrow.io
- Website: www.wellgrow.io
By using WellGrow.io services, you agree to comply with this SMS Compliance Policy and applicable regulations.