Updating your privacy policy for texting
Carriers won't approve a texting program from an organization that shares, rents or sells phone numbers or text opt-in data for marketing, and your privacy policy has to say so. Many arts organizations' policies were written for mailing lists and need a change before registration.
What the policy needs
- It's on your website, easy to find, labeled "Privacy Policy" and available at all times.
- Every opt-in point links to it.
- It says you're responsible for protecting patron information and that you follow the privacy laws that apply to you.
- It describes the text program accurately, including what you collect, how you use it and how people stop.
- It says text opt-in data and consent are not shared, rented or sold to third parties.
The text messaging language can be its own section of your existing policy. It doesn't need to be a separate document.
Existing language to check
Look for any language about sharing information with partners, affiliates, sponsors, co-presenters, funders or list-exchange programs. The carriers read it as covering your text list as well, and the registration is declined if it does. Either exclude text data from that language or change the practice.
The policy also has to match what you do. If you sync your text list to a co-promoter or an ad platform, the policy can't truthfully say you don't share it.
A clause to start from
Text messaging. If you sign up for texts from [Organization], we collect your mobile number and your consent so we can send the messages you asked for. We don't sell, rent or share your mobile number or your text opt-in with any third party for their marketing. Anything else in this policy about sharing information with partners, sponsors or affiliates does not include your mobile number or text opt-in. We do share it with vendors that help us deliver our texts, such as our messaging platform and mobile carriers, and only for that purpose.
Bird publishes its own suggested wording on its SMS privacy policy page if you'd rather start there. Have your counsel review the final policy either way.
This article is general guidance, not legal advice. Your counsel should review anything you publish. The requirements come from Bird and the carriers and can change. If this article differs from Bird's current documentation, follow Bird's documentation.