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SMS privacy policy and terms & conditions requirements

To get approved for A2P 10DLC (local) and to pass toll-free verification, carriers require a public, compliant SMS privacy policy and SMS terms and conditions. Carriers visit your website and check both before approving your registration. This page is the single source of truth for that language. Use it (plus our downloadable template) to publish yours and keep your messages deliverable.
This page is referenced from the Website privacy policy and SMS terms step of how to submit your carrier registration. Publish this language on your site before you submit.

Privacy policy resources (getting started)

Download: MessageDesk SMS Privacy Policy Template (PDF) Free Tool: AI-Powered Privacy Policy Checker

What your SMS privacy policy must include

  • Data collected: What you collect (e.g., name, mobile number) and how (web forms, keywords, in-store signups).
  • Data usage: Why you send texts (reminders, order updates, service notices, promotions).
  • Consent and opt-in: The explicit opt-in method (checkbox text, keyword, form language, written/verbal consent).
  • Opt-out mechanism: Clear instructions like “Reply STOP to opt out.” Include this in your policy and sample messages.
  • Third-party sharing: State you don’t sell or share SMS data with third parties for marketing. If you use an SMS provider, say it’s only to deliver messages.
  • Security: High-level measures (encryption, access controls).
  • Retention and deletion: How long you retain data and how users can request deletion.
  • Support contact: Email and/or phone for privacy inquiries.
For promotional messaging, get express written consent. A double opt-in (user enters number → confirm SMS → user replies YES) is strongly recommended.

  • Add the policy to your website and link it in the global footer.
  • Link it anywhere you collect phone numbers:
    • Opt-in forms and checkouts
    • Chatbot flows
    • Landing pages and popups
    • Paper or in-store signups (QR/link)
You can place your SMS terms and conditions in your privacy policy or on a separate URL, but this language must be present and accessible to carriers as part of the vetting process. As a best practice, link both from your website footer.

1. Privacy Policy

Your privacy policy must cover SMS messaging: how you use phone numbers, opt-out instructions, and a statement that opt-in data won’t be shared with third parties for marketing or promotional purposes. Add an SMS section like the one below to the privacy policy on your website if this language isn’t already there.
Example SMS privacy policy language:

Privacy Policy

Last updated: {Insert last updated date}This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.{{ Organization Name }} maintains strict privacy policies, ensuring that personal information and mobile information of our users and members is not sold, shared, rented, released, or traded to third parties for marketing/promotional purposes.SMS Opt-Out: If you are receiving text messages from us and wish to stop receiving them, simply respond with either “STOP” to the number from which you received the message. Once we receive your message, you will no longer receive further text messages from us.Collecting and Using Your Personal Data

Types of Data Collected - Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
  • Email address, First name and last name, Phone number, Address, State, Province, ZIP/Postal code, City
  • Usage Data is collected automatically when using the Service.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:
  • To provide and maintain our Service, including monitoring the usage of our Service.
  • To manage Your Account, including managing Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us at: {Insert how people can contact your company (phone number or email)}

2. SMS Terms and Conditions

Add a dedicated page (or a section in your privacy policy) explaining your SMS terms and conditions, including:
  • Message frequency
  • Opt-out instructions
  • Help info
  • Contact info
  • Messaging and data rates
Example SMS Terms and Conditions language:

SMS Terms and Conditions

{Organization Name} sends text messages regarding marketing and promotions and general customer service, including appointment reminders, follow-ups, account and delivery reminders, and feedback and review requests.You can cancel the SMS service at any time. Simply text “STOP” to the number provided. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {Insert support email address or toll-free number}.Carriers are not liable for delayed or undelivered messages.As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.For privacy-related inquiries, please refer to our privacy policy: {Insert link to privacy policy}.
The above is not legal advice. MessageDesk isn’t a law firm. The template language on this page is general information to help you meet carrier (CTIA / The Campaign Registry) registration requirements. It isn’t legal advice and may not fit your business. Review any changes to your privacy policy or terms with your own legal counsel before publishing, and make sure your policies accurately describe your actual data practices. You’re responsible for your website’s content and its compliance with applicable law.

Your privacy policy and terms explain your program; your opt-in point captures consent. Carriers require documented proof of how contacts opt in. For carrier-ready example consent language for each method (web form, keyword, QR code, paper form, and verbal), see Submit A2P Carrier Registration → Submit proof of an opt-in method.
Verbal-only opt-in isn’t accepted for marketing or promotional messaging. Any campaign with a marketing component requires a written opt-in method (web form, keyword, QR code, or paper form). Verbal consent is only valid for non-promotional, non-marketing campaigns. An online form with an unchecked consent checkbox is the recommended method and is required for marketing traffic.

Carrier registration checklist (pre-submission)

  • ✅ Business details match registration (legal name, EIN, address).
  • ✅ Website is live and matches your brand/legal name.
  • Opt-out (“Reply STOP…”) appears in your policy and all sample messages.
  • ✅ Message examples reflect your real messaging use case.
  • ✅ Opt-in method is documented and visible where numbers are collected.
  • ✅ Clear no-sharing clause for third-party marketing.

Common causes of rejection (and fixes)

  • ❌ Missing opt-out → Add “Reply STOP to opt out” to policy and samples.
  • ❌ No visible policy → Publish and link from footer plus all opt-in points.
  • ❌ Vague purpose → Specify use cases (reminders, order updates, etc.).
  • ❌ Website mismatch → Ensure site shows the same legal name and address.
  • ❌ Missing no-sharing clause → Add the “we don’t sell or share” statement.
  • ❌ New EIN (less than 30 days) → Wait until records propagate, then resubmit.
For the full list of registration errors, rejection reasons, and status meanings, see Carrier registration errors and how to fix them.

Frequently asked privacy policy questions

Do I need a separate policy just for SMS?
Not required. You can add an SMS section to your existing privacy policy that covers opt-in, opt-out, usage, sharing, retention, and contact.
Is double opt-in mandatory?
No, but it’s recommended for promotional messaging and improves compliance evidence.
Does this apply to toll-free numbers?
Yes. Toll-free verification is separate, but the same privacy expectations apply.

Final compliance checklist (before you submit)

  • ✅ Publish/update your SMS privacy policy (with SMS Terms and Conditions).
  • ✅ Link it in your footer and on all opt-in forms.
  • ✅ Include consent flow and STOP keywords in sample messages.
  • ✅ Submit with accurate business info that matches public records.