Examples of Terms of Service and Privacy Policy when using Smart Push Marketing SMS feature (SPM)

This information is not legal advice. While we do our best to provide useful information to use as a starting point, Hextom Smart Push Marketing advises all merchants to obtain professional legal advice to ensure that all marketing campaigns are sent in full compliance with all applicable laws. 

Checkout is one of best spot to collect SMS subscribers, and you can do that in your Shopify store. As shown in the screenshot below, once everything is setup, your customers will see phone number field on the checkout page, and become your SMS subscribers after signing up.

You can enable the SMS subscriber sign up at checkout by following the steps below,

1. Go to Shopify admin >> Settings >> Checkout

2. Find "Marketing options" >> check the "SMS" >> save the setting

After that, the phone number input field for SMS subscription sign up will be shown up on the checkout page.

Here is one more important step, you need to update your Terms of Service and Privacy Policy by including the SMS marketing sections. According to industry guidelines, links to those documents should be included in the call-to-action compliance texts. Please follow the steps below to add the Terms of Service and Privacy Policy texts,

1. Go to Shopify admin >> Settings >> Policies

2. Paste the example texts below in the corresponding sections >> click save

Terms of Service

Your Terms of Service should include the following information:

• A description of the SMS service: What type of messages will shoppers receive and when, along with the company name or ID used to send the messages.

• Abandoned checkout (if applicable): A clear statement that services might include abandoned checkout reminders.

• Clear opt-out instructions: How can shoppers unsubscribe from the SMS service.

• Help instructions: How can shoppers ask questions related to the SMS service.

• Possible fees: What possible fees should shoppers expect, if any.

• Reference to changed numbers and failed messages.

• Link to the Privacy Policy.

Example

By consenting to [Company name]’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy [LINK to Your Privacy Policy] to determine how we collect and use your personal information.

Privacy Policy

Your privacy policy should include the following information:

• A description of the SMS service: When and what type of messages will shoppers receive.

• Abandoned checkout cookie use (if applicable): A clear statement that the website captures cookies to determine when a shopper has abandoned their checkout.

Example

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

These are the key elements necessary for creating and setting up your Terms of Service and Privacy Policy for SMS marketing in Shopify. Feel free to email us at help@hextom.com if there are questions.