What to Include in Your SMS Privacy Policy + SMS Terms and Conditions Templates
Text messaging works incredibly well for engaging with people. But, bad actors abuse it just like other messaging channels.
So wireless carriers now require all businesses and organizations that text to strictly follow personal text message privacy laws.*
Laws like the TCPA mandate transparent opt-in, opt-out, and consent gathering. And they also require you to publish an SMS privacy policy.
But what should you include in this privacy policy? What makes it compliant?
I answer these questions and more in this article, including:
- What a SMS privacy policy is
- 3 reasons why you need a 10DLC SMS privacy policy
- 7 best practices and key elements of a privacy policy for SMS
- SMS privacy policy templates and examples
- Answers to frequently asked SMS privacy policy questions
By the end, you’ll know how to deploy a privacy policy for texting that protects you and your contacts.
Read on for more!
What is an SMS Privacy Policy?
An SMS privacy policy is a published, publicly available SMS disclaimer document. It explains how you collect, use, manage, and protect personal data for individuals who opt into receiving text messages. Carriers require all businesses and organizations that text to publish SMS privacy policies on their websites. An SMS privacy policy includes the following key features:
- Data Collection Details: Specifies what type of information you collect (e.g., phone numbers, names, etc.). It also includes your data collection methods, such as web forms and SMS opt-ins.
- Consent and Opt-In Requirements: Outlines how contacts provide consent to receive messages, often via keywords or digital forms.
- Data Usage Statement: Clearly states the purpose of the data you collect. This could be for notifications, alerts, or promotional types of messages.
- Security Measures: Describes how you safeguard data, including measures like encryption and secure storage to protect against unauthorized access.
- Data Retention and Deletion: Explains how long you keep personal information and how you delete or anonymize the data.
- Opt-Out Options: Explains how contacts stop receiving messages, typically by replying with “STOP”.
- Non-Sharing Clause: Specifies if and how data might be shared with third parties (such as SMS providers). This reassures contacts that their data won’t be sold or used for other purposes without consent.
3 Reasons Why You Need a 10DLC SMS Privacy Policy
A clear and compliant SMS privacy policy isn’t just a regulatory checkbox. It’s a powerful tool that protects you legally and builds trust.
Here’s why having a robust SMS privacy policy is essential for both compliance and customer relationships.
1. You’re legally required to comply with personal text message privacy laws
An SMS privacy policy is required by law. It keeps you compliant with:
- The Telephone Consumer Protection Act (TCPA)
- CTIA Text Messaging Guidelines
- The California Consumer Privacy Act (CCPA)
- And the General Data Protection Regulation (GDPR)
When you outline your data handling processes, you clarify consent, data collection, and privacy rights. Each is also a compliance requirement for carrier-verified A2P 10DLC text messaging.
2. An SMS privacy policy builds trust and loyalty
People expect digital privacy and demand transparency from brands about data use. An SMS privacy policy demonstrates your commitment to protecting their information. It also fosters trust and encourages contacts to engage with your brand.
Trust in your SMS privacy practices can also translate to higher engagement. People who know how you use their data are more likely to interact with your messages.
3. Not having an SMS privacy policy will result in legal consequences
Not having a compliant SMS privacy policy can lead to serious legal and operational consequences, including:
Blacklisted phone numbers and no text message delivery:
Carriers closely monitor SMS campaigns and actively block text messages that don’t meet compliance standards. This means non-compliant text messages won’t get delivered.
Worse yet, major offenders run the risk of blacklisting their SMS phone numbers. This also applies to any other phone numbers associated with your brand.
Severe fines and legal action:
Non-compliance with data privacy regulations means steep fines and lawsuits.
Under the TCPA, for example, each non-compliant text can lead to fines of up to $1,500 per message. Additionally, GDPR violations in Europe can cost up to 4% of your annual revenue.
Damage to your brand and reputation
Failing to protect contact data or communicate privacy practices can lead to losing trust.
People who feel their data is mishandled may leave negative reviews, unsubscribe, or even warn others. All of this can harm your reputation.
7 Best Practices and Key Elements of a Privacy Policy for SMS (with Examples)
It’s clear why you need an SMS privacy policy. But what key elements and language do you need to include?
Here’s a breakdown of the key elements and best practices to include in your SMS privacy policy:
1. Explain what contact data and information you collect
Use simple, clear language to describe what data you collect e.g. phone numbers, names, emails, etc.
Sample data collection clause:
“[ Organization Name ] collects your name and phone number to send you text message updates. We only use this information for messaging purposes as described in this policy.”
2. Demonstrate how contacts can opt in and out of text messaging
Securing consent through SMS opt-in is a fundamental compliance requirement for business text messaging. Your SMS privacy policy should explain how contacts consent to receive messages.
This includes through:
- Opt-in checkboxes
- Confirmation texts
- Sign-up forms
- And more
Additionally, you need to make it clear how contacts can opt out of receiving text messages.
Include opt-out instructions and use a business texting service that supports automatic opt-out controls.
An effective text messaging opt-in flow might involve a checkbox that contacts check when submitting a form. This confirms that contacts agree to receive SMS updates. Your opt-in form should also include instructions for opting out, like replying "STOP" to unsubscribe.
Sample SMS privacy policy opt-in language:
“By checking this box, you consent to receive text messages from [ Organization Name ]. Standard message and data rates may apply. You can text STOP at any time to unsubscribe from further text messaging.”
3. Show how you use data and maintain transparency
Your SMS privacy policy should clarify the purpose of collecting contact data. You need to let your contacts know how you will use data. This includes things like sending appointment reminders, promotional updates, or service alerts.
Most importantly, clearly state if you will use data for SMS marketing purposes. Promotional text messages require explicit consent and in some cases a double opt-in.
Example data usage clause:
“We use your phone number solely to communicate important updates, including alerts and event notifications. We will not use it for any other purpose.”
4. Non-sharing clause
Your SMS privacy policy should clearly state that you don’t share personal data. Specifically, you need to state that you don’t share data with third-party services for marketing purposes.
If necessary, mention any operational data sharing. This might include sharing with your SMS provider to securely send text messages.
This clause is especially important if you handle sensitive data, like those in healthcare or education.
Sample non-sharing clause:
“We do not share your personal data with third parties for any purposes. Your information is only used by [ Organization Name] and our SMS service providers to send you requested updates.”
5. Indicate how you secure data and how long you retain it for
In addition to data usage, your privacy policy should describe the security measures you use to safeguard personal data.
This might include encryption, access control, and secure storage systems. In most cases, your business texting provider will handle most of this for you.
Additionally, outline your data retention policy. Explain how long you store contact data and under what circumstances it gets deleted.
Sample data protection and retention clause:
“We use restricted access controls and secure storage solutions to protect your data from unauthorized access or misuse. We retain your contact data for as long as needed to fulfill the purposes outlined in this policy. Personal information is securely deleted or anonymized after [X years or specific period] or upon request, unless otherwise legally required.”
6. Publish your SMS privacy policy on your website and link from every opt-in form
Making your SMS privacy policy easily accessible is crucial. Contacts should be able to find and read it without problem.
The best practice is to prominently position your privacy policy on your website. Ideally, you’ll want to add it to the footer of every webpage.
Additionally, you want to link contacts to your privacy policy from any SMS opt-in form on your website.
Example SMS privacy policy link:
“To learn more about how we handle your data, please view our full privacy policy here [link].”
7. Regularly update your text message privacy policy
Privacy laws and regulations evolve frequently. So it’s important to review and update your privacy policy regularly.
Be sure to notify contacts of any major changes. It's best to provide them with the option to review your updated policy.
SMS Privacy Policy Templates and Examples
Below are several examples of standard SMS privacy policy verbiage. Normal privacy policies are typically longer and more comprehensive.
However, you can also incorporate sms terms and conditions requirements into your existing privacy policy.
Regardless, you must always address every SMS privacy detail. You must address all terms and conditions for SMS service.
Example 1: general business 10DLC privacy policy template
Most businesses and organizations will send texts using a 10-digit long code (10DLC) number for SMS. A 10DLC privacy policy addresses how you collect contact data store it, use it, and protect it.
10DLC SMS privacy policies cover compliance with the Telephone Consumer Protection Act (TCPA) and the Cellular Telecommunications Industry Association (CTIA) guidelines.
Contact Us: If you have questions about this policy, please contact us at [email address].
Example 2: SMS privacy policy example for healthcare services
HIPAA compliance is a major part of texting for healthcare providers and clinicians. Your SMS privacy policy should clearly explain how you protect patient information and ensure confidentiality.
A HIPAA-compliant SMS privacy policy not only protects patient privacy but also reduces legal risks.
Questions: Contact our privacy officer at [email address] for any questions about this policy.
Example 3: Bulk SMS privacy policy for retail and marketing
Text advertising and promotions require gathering express written consent from your contacts. This is the most heavily scrutinized form of bulk text messaging. Be sure to include all of the following as part of your sms marketing privacy policy and terms of use.
Contact Information: For questions about our SMS safety policy, please reach out to [email address].
Example 4: SMS privacy policy example for educational institutions
Schools and educational institutions can text, but they also need to publish an SMS privacy policy.
Additionally, FERPA applies to institutions that receive funding from the department of education.
Under FERPA, schools must take steps to prevent unauthorized disclosure of personally identifiable information (PII) from students’ education records.
Questions? Contact us at [email address].
Example 5: SMS privacy policy for financial services
Financial institutions and wealth advisors can text; however, you must protect clients' sensitive information. This includes account details, balances, transaction notifications and the like.
They must also comply with strict regulatory requirements. This includes the Gramm-Leach-Bliley Act (GLBA) and Financial Industry Regulatory Authority (FINRA) guidelines.
Contact Us: For questions, email us at [email address] or call [phone number].
Answers to frequently asked SMS privacy policy questions
Below are answers to frequently asked SMS privacy policy questions.
Are there any free SMS privacy policy generators I can use?
Several privacy policy generators claim to cover SMS privacy compliance. However, it's best to work with your business text messaging provider on this directly. They can help you make sure your privacy policy meets all of the criteria for compliance.
What information should I include in an SMS privacy policy?
Your SMS privacy policy must cover:
- Types of data collected (e.g., phone numbers, names)
- Methods of data collection (e.g., sign-up forms, keywords)
- Data usage (how the information will be used)
- Data security and storage measures
- Retention and deletion policies
- Opt-out procedures
- Non-sharing clause for third-party access
Can I use a generic sms terms and conditions template as my privacy policy?
No, using a generic SMS terms and conditions template as your privacy policy isn’t recommended. Terms and conditions and privacy policies serve different purposes:
Terms and Conditions outline the rules and expectations for using your service. This includes SMS policies, acceptable use, restrictions, and liability limitations. They everyone with clear usage guidelines.
Privacy Policies, on the other hand, are legally required documents. They describe how you collect, use, store, and protect personal data.
Privacy policies focus on transparency and compliance with data privacy laws like the GDPR, CCPA, and TCPA. They detail how contact information (like phone numbers and names) gets used specifically for SMS communications.
Am I required to display a link to the SMS privacy policy in every SMS message?
No, you aren’t required to include a link in every SMS message. However, you should provide a link to your privacy policy on any SMS opt-in forms. This ensures contacts have the chance to review your policy before they subscribe.
If I only text people in Canada, do I still need an SMS privacy policy?
Yes, just like in the United States, if you text people in Canada, you still need an SMS privacy policy. This is to comply with Canadian privacy laws and to ensure transparency with your contacts.
Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) is the relevant law. It regulates how businesses handle personal information in commercial activities, including but not limited to SMS communications.
How should I address consent in my SMS privacy policy?
To cover consent, include a clear explanation in your privacy policy and the opt-in process.
This is typically a checkbox in a form, an opt-in keyword reply, or a statement contacts agree to when they provide their number.
Always explain how people can opt-out by replying with "STOP" or another keyword.
What if I don’t collect personal information directly through SMS?
If you don’t collect personal information directly through SMS, you still need an SMS privacy policy. SMS compliance applies to contact information gathered from other sources.
Your privacy policy should clarify how you collect store, and use data. This applies to data that isn’t originally collected through SMS opt-in.
How should I handle third-party data sharing in my SMS privacy policy?
Your privacy policy should clearly state that you don’t share data with third parties.
How does an SMS privacy policy differ from a general privacy policy?
An SMS privacy policy specifically addresses how you collect, use, and manage personal data for text messaging.
A general privacy policy often covers data collected across multiple channels (like websites, apps, and email).
An SMS privacy policy focuses on data used solely for SMS communication. It includes opt-in and opt-out procedures and specifies data security measures.
What are some text message disclaimer examples?
Your privacy is important to us. [Your Company] will never share your information without consent. Msg & data rates may apply. Reply STOP to unsubscribe. Privacy policy: [Link].
You have subscribed to receive texts from [Your Company]. Message frequency varies. Standard message and data rates may apply. Reply STOP to opt-out anytime. Terms & Privacy: [Link to Privacy Policy].
Stay in the loop with exclusive offers from [Your Company]. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Terms & Privacy: [Link to Privacy Policy].
Is it necessary to use double opt-in for SMS messages?
Double opt-in isn’t required in all regions. However, it’s recommended as a best practice to ensure compliance and prevent accidental opt-ins.
Double opt-in means that after contacts provide their phone numbers, they receive a confirmation message. This message asks them to confirm their subscription by replying “YES” or similar.
This additional step ensures consent and protects you from potential compliance issues.
How should I handle opt-out requests in my SMS privacy policy?
Your SMS privacy policy should include clear instructions on how contacts can unsubscribe by replying with keywords like “STOP.”
It’s also important to specify that opt-out requests are processed immediately (typically within 24 hours). This is to comply with regulations and avoid messaging contacts who have chosen to unsubscribe.
Final thoughts and next steps
I’ve covered SMS privacy policies and how it applies to text messages. It’s more than possible to get and maintain compliance with text messages. This is especially true if you text using a business texting service like MessageDesk.
Ready to start texting? Your next step is to meet with a MessageDesk messaging expert.
MessageDesk is here to help you configure your business phone number. We make carrier registration simple, easy, and transparent.
*None of the information contained in this article is considered legal advice. This article is meant to provide general knowledge about SMS policies, not specific advice tailored to your circumstances. If you need legal advice for your specific situation, consult with a licensed attorney.