SMS Fusion (hereinafter referred to as “Company”) undertakes to respect and uphold Users’ permissions, to the extent allowed by law. Users are advised that by creating a Company account, they hereby agree with the instant Anti-Spam Policy (hereinafter referred to as “Policy”).
For the information and protection of Users, the Company imposes a definition of Spam which transcends that stated in CAN-SPAM laws, and legislation of most countries.
For the purposes of this Policy a spam is any SMS message sent to a person who has not given their express or implied permission to be contacted regarding the subject of the said message.
The Company further qualifies the permissions referred to in this Policy as follows:
What constitutes permission?
Users who send an SMS through the Company’s Services must first explicitly or implicitly obtain the permission of the recipient of the said SMS (hereinafter referred to as “Recipients”). The said permissions may be obtained by:
(An SMS subscribe form on a Recipient’s web site)
1. Using an opt-in checkbox on a form. This checkbox must not be checked by default, potential Recipients completing the form must willingly select the checkbox to indicate that they want to hear from Users;
2. Potential Recipients who have completed offline forms like surveys, competition requirements or other similar documents may only be contacted after they have been informed of such contact, and have acquiesced to the same. The said contact may only be undertaken by SMS and acquiescence manifested by the Recipient’s ticking of a box which states that Users may contact them.
3. Potential Recipients may also be customers of Users who have made purchases from the latter within the past two (2) years. If the said customers have given their business cards and have explicitly asked to be included in a User’s contact list, the latter may contact the said customer. Consent to be contacted concerning a particular topic may also be manifested through a customer’s act of leaving their business cards with Users in a tradeshow or other similar activities. Users are advised that they may only SMS persons who have clearly consented to be contacted regarding a particular topic.
What DOES NOT constitute permission?
Anything outside the foregoing examples is not considered to be consent to be contacted, by the Company. The following examples further limit permission referred to in this Policy.
1. By using the Company’s Services, Users undertake not to import or send any mobile numbers which:
a. They have no explicit or manifest permission to contact in relation to the subject of the said SMS;
b. Were bought, loaned, leased or anyway acquired from a third party, regardless of any claim of quality or permission;
c. The User has not personally obtained permission to contact;
d. Users have not contacted through SMS in the last two (2) years;
e. Were taken or copied from Internet without the owner’s permission;
Users are advised that any messages sent to mobile numbers that comply with the foregoing may be seen as a spam by the recipients.
Requirements of an SMS
Every SMS you send using the Company’s Services must include the following:
An opt-out mechanism that instantly removes the subscriber from a User’s list. Once the said subscribers remove themselves from a list, Users may not contact them again.
The name or number of the sender. If an SMS is sent on behalf of a client, the said client’s details must be included instead of the User’s.
The Company adopts a multi-layered procedure for the approval and monitoring of permissions referred to in this Policy. The said procedures include but are not limited to the following:
1. Prior to the Company’s confirmation of a User’s account, every SMS sent by the latter must be approved;
2. Users are advised that the Company’s software is directly integrated with the spam reporting system of global telecos. Therefore, if a User fails to obtain the necessary permissions and their campaigns are consequently marked as a spam, the Company will be notified of the same as soon as the applicable button is pressed.
3. If Users receive a complaint rate that is considered greater than average, they will receive an email message warning and advising them of the same. Users are cautioned that higher levels of complaints may result in their accounts being locked or terminated, and their details being forwarded to the proper authorities.
4. The Company verifies large lists which are imported into its software. Users are prohibited from sending the said lists, until the said verification is complete.
5. Users are advised that the Company monitors blacklisted and other abusive accounts every day. The Company is able to determine the source of complaints and problems with delivery.
6. The Company reserves the right to terminate the accounts of Users who violate this Policy.
Finally, any other contact in which recipients are unfamiliar with the said User or are uninterested with the topic of communication shall be considered spamming by the Company. Users may contact the Company for any questions concerning this Policy.