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Abiding by the laws of SMS marketing is essential when using touchSMS.

Before sending any SMS marketing, be sure to familiarize yourself with the (link to Spam Act – Australia and New Zealand)

It is very important that you adhere to these privacy rules. The three key steps you should follow are:

Consent - Only send commercial electronic messages with the addressee's consent - either express or inferred consent

Identification - Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message

Unsubscribe - Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly

The Spam Act 2003 defines a commercial electronic message as:

 

  • offers, advertises or promotes the supply of goods, services, land or business or investment opportunities
  • advertises or promotes a supplier of goods, services, land or a provider of business or investment opportunities
  • helps a person dishonestly obtain property, commercial advantage or other gain from another person.

 

The Act classifies an electronic message as ‘commercial' by considering:

 

  • the content of the message
  • the way the message is presented
  • any links, phone numbers or contact information in the message that leads to content with a commercial purpose—as these may also lead the message to be defined as 'commercial' in nature.

 

If the recipient of your message has given you permission (through campaign or membership opt in/sign up) they can be included in your SMS marketing campaigns, however they must still be given the option to Opt Out at any time.

Certain messages from the following types of organizations are able to send SMS to recipients without consent:

 

  • government bodies
  • registered charities
  • registered political parties
  • educational institutions (for messages sent to current and former students).

 

When sending marketing messages, your recipients must have the option to “Opt Out” of all future marketing campaigns, either by SMS reply or by calling you directly. touchSMS makes this easy, with its built in Opt Out Management functionality.

See articles Enabling Opt Out by Reply, Importing Opt Out Numbers and Managing your Opt Outs

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