TCR Registration Requirements

1-Privacy Compliance

Having a well-structured website is essential for your compliance with regulations. A key component of your website should be a Privacy Policy that clearly informs your customers about how their data is collected, used, and protected. Specifically, your Privacy Policy must state that SMS opt-in consent or phone numbers collected for SMS purposes will NOT be shared with third parties or affiliates for marketing purposes. The goal of the TCR is to enhance the security and trustworthiness of business texting and protect SMS messaging from spam.

In order to ensure that your privacy policy is thorough and compliant with regulations, it should cover the following key points:

• Introduction: Give an overview of your company and the purpose of the privacy policy.
• Types of Information Collected: Specify the types of personal information collected from customers (e.g. name, email address).
• Method of Information Collection: Describe the ways in which customer data is collected.
• Purpose of Data Collection: Explain why customer information is collected and how it will be utilized.
• Data Security Measures: Detail the security measures implemented to safeguard customer data from unauthorized access or misuse.
• Data Sharing: Disclose whether customer data will be shared with third parties, and under what circumstances.
• User Rights: Inform customers of their rights regarding their personal information, such as accessing, updating, or deleting their data.
• Contact Information: Provide contact details for customers to address any inquiries or concerns regarding their privacy.
• The privacy policy needs to state that “SMS opt-in or phone numbers for the purpose of SMS are not being shared”

In the privacy policy is important to include the SMS Consent: SMS opt-in or phone numbers for the purpose of SMS are not shared with any third parties or affiliate companies for marketing purposes.

2-Opt-in language is required on the website if its intake form is used to collect phone numbers: By adding a checkbox consent, the user must actively opt-in to receive text messages, rather than being automatically enrolled in a messaging program. This ensures that the user is fully aware of and agrees to receive these communications. It also provides a record of their consent in case of any future disputes.

Your website should include an opt-in checkbox that allows users to choose whether they wish to receive SMS notifications or not. This needs to be optional and should not force the customer

“By checking this box, I agree to receive Text messages about [Message Type] from [Company Name] at the phone number provided above. The SMS frequency may vary. Data rates may apply. Text HELP to (company phone number) for assistance. Reply STOP to opt out of receiving SMS messages from [Business Name]. You will receive no further SMS communication.”

Example:

3-Terms and Conditions (T&C) document should cover several key elements to set clear guidelines for both the business and users. Here’s a breakdown of essential elements to include:

• Introduction: Briefly introduce the purpose of the T&C and specify the platform or service it governs.
• Acceptance of Terms: Clarify that by accessing or using the service, users agree to comply with the terms.
• User Responsibilities and Conduct: Outline what users can and cannot do on the platform (e.g., no misuse, abusive behavior, or illegal activity).
• Intellectual Property Rights: Define ownership of content, trademarks, copyrights, and the right to use the service’s materials.
• Account Information and Security: Include requirements for account setup, security obligations, and responsibility for user activity.
• Payment Terms (if applicable): Specify payment details, billing cycles, refund policies, and consequences for non-payment.
• Privacy and Data Collection: State how user data will be collected, used, and protected (often linking to a Privacy Policy).
• Limitation of Liability: Describe limitations on your liability for any issues users may experience while using the service.
• Termination or Suspension of Services: Clarify the conditions under which user accounts may be terminated or services may be suspended.
• Governing Law and Dispute Resolution: Specify the governing law and describe any required dispute resolution process, like mediation or arbitration.
• Changes to Terms: State that the company may update the terms and provide a notification process for changes.
• Contact Information: Include a section on how users can reach out with questions or concerns.
• Including these elements helps protect your business and ensure users understand the boundaries of the service PROVIDED.
• You may include a link to your online SMS Terms & Conditions, which should include information on messaging frequency, please specify how many messages your customers can expect to get daily from your organization as well as the type of SMS messages they will be getting, potential fees, opt-in and opt-out methods, please add the Opt-in method which is through your website, your customers fill out a form where they can opt-in for SMS messaging, for opt-out, please explain that once your customers opted in and initiated a conversation through text messages, an opt-out language will always be sent to them, so they always have the option to opt-out at any time from your company, once they opted out no further communication will be sent to them, and a link to your online privacy policy. Providing this information now may limit delays in the SMS approval process.

Consent for SMS Communication

• The information obtained through consent will not be shared with third parties or affiliates.

Types of SMS Communications

• If you have consented to receive text messages from [Business Name], you may receive text messages related to [you must provide an example of messages being sent]

Frequency: how many messages your customers can expect to get daily from your organization

Fees: Message and data rates may apply.

Opt-in: Your customers fill out a form where they can opt-in for SMS messaging

Opt-out: Please explain that once your customers opt-in and initiate a conversation through text messages, an opt-out language will always be sent to them, so they always have the option to opt-out at any time from your company, once they opt out of no further communication will be sent to them. (To stop receiving text messages reply “STOP” to any message).”