Users, including their customers, must comply with applicable laws, regulations, AfterShip’s Terms of Use and policies, including namely but not exclusively the AfterShip Acceptable Use Policy and AfterShip SMS Content Policy, and all industry standards, including namely but not exclusively telecommunications providers’ policies. AfterShip strongly encourages Users to review their SMS marketing use with qualified legal counsel in their relevant jurisdiction to ensure compliance with all applicable laws and regulations.

Capitalized terms used below but not defined in this Policy have the meanings set forth in Our AfterShip SMS Content Policy.

United States Specific Guidelines

In order to send marketing SMS in the USA, please ensure compliance with these general best practices:

• Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications.
• User must specify its identity.
• Provide End-Users with an opportunity to opt out of messaging services.
• Ensure End-Users are informed of the nature of User’s messages, any terms and conditions, standard and data rates disclaimer, message frequency.
• Only communicate during an End-User’s daytime hours.
• Review whether the advertising purpose is compatible with the original purpose.

• Companies must honor the National Do Not Call Registry created by the Federal Trade Commission (FTC). The Federal Communications Commission (FCC) also requires every company to build and maintain its own do-not-call database.

• Companies must cease sending SMS messages to any reassigned phone numbers (wired and wireless).

• Some ‘urgent circumstances’ still allow a company to send SMS to wireless phones without prior consent, such as alerts about potential fraud. However, the company instigating such communications must offer consumers an ‘opt-out’ option.”

U.S. telecommunications providers may assess fees for non-compliant application-to-person (A2P) traffic, and AfterShip will pass these fees onto you. To date, T-Mobile is the first U.S. telecommunications provider to announce non-compliance fees for violations of T-Mobile’s Code of Conduct.

T-Mobile non-compliance fees are as follows:

• 10DLC Long Code Messaging Program Evasion: A $1,000 pass-through fee if a program/campaign is found to be using techniques such as snowshoeing, or unauthorized number replacement/recycling.
• Content Violation: After prior warning, a $10,000 pass-through fee may be imposed for each unique instance of content violating the T-Mobile Code of Conduct involving the same sender/content provider. This includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.
• The euro symbol (€) is not supported; avoid using this character in message submission in the United States.

Canada Specific Guidelines

AfterShip recommends sending application-to-person (A2P) traffic over short codes or verified toll-free numbers for optimal delivery results. Canadian mobile carriers enforce strict filtering on application-to-person (A2P) messages. Carriers will not cease filtering, but mobile subscribers may wish to reach out to their mobile carrier to petition them to do so.

In order to send marketing SMS in Canada, please ensure compliance with these general best practices:

• Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications.
• Only communicate during an End-User’s daytime hours.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.
• The character limit for Canada short code SMS is 160 Ascii characters. Messages with more than 160 characters will not be delivered. Refer to our FAQ for short code best practices for: + Mobile Marketing Opt-In + Help and Stop Standards + Opt-In S.

United Kingdom Specific Guidelines

In order to send marketing SMS in the United Kingdom, please ensure compliance with these general best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications. A pre-checked box would not be an affirmative action qualifying as express consent.
  • Users are also prohibited from providing a purpose for messages that are unrelated to the service offered.
  • User must specify its identity.
  • User must provide a simple way to opt-out from receiving any future messages.

• Lawfulness of the processing. Carry out a compatibility check to review whether the advertising purpose is compatible with the original purpose.

• Right to object. Allow the Data Subject to exercise the right to object at any time and free of charge. This right should be presented clearly and separately from any other information.

• Data minimisation. Limit the collection of Personal Data to what is directly relevant and necessary to accomplish a specified purpose.
• UK GDPR compliance. Ensure that all marketing SMS comply with the UK GDPR and other UK laws and regulations.
• Only communicate during an End-User's daytime hours.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User's local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.

Australia Specific Guidelines

In order to send marketing SMS in Australia, please ensure compliance with these general best practices:

• Sending gambling related content is strictly prohibited in Australia.
• Unsolicited Communication: All commercial electronic messages sent to an electronic address in Australia are beholden to the SPAM Act (2003). It is your responsibility to familiarize yourself with this legislation and ensure your compliance; the key rules relating to this can be found at https://www.acma.gov.au/theACMA/spam-industry-obligations and below:
  • Permission (consent)—messages can only be sent with the permission of the person who owns the account for the address (usually the recipient).
  • Identification—messages must contain the name and contact details of the person or business that authorized the message (sender identification).
  • Unsubscribe—messages must contain a low (or no cost) way for the recipient to stop getting messages (to ‘opt out’ or unsubscribe).
• Get opt-in consent from each End-User before sending any communication to them, particular for marketing or other non-essential communications.
• Only communicate during an End-User's daytime hours.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User's local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.

New Zealand Specific Guidelines

In order to send marketing SMS in New Zealand, please ensure compliance with these general best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications.
  • Provide a functional unsubscribe mechanism for consumers to be able to opt out.
  • User must specify its identity and include accurate User contact information.

• When Personal Data will be linked with clickstream data (e.g. obtained from End-User behaviour when visiting a website), advise End-Users which Personal Data is being collected and how it will be used before sending data that could identify said End-Users.

• Only communicate during an End-User’s daytime hours unless it is urgent.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.
• Harvesting lists. Do not use address-harvesting software, or lists that have been generated using such software, for the purpose of sending unsolicited marketing SMS.
• Marketing lists. When purchasing marketing lists, User must (i) ensure that the list was compiled lawfully and fairly, and (ii) be able to demonstrate that the consent could be express, inferred, or deemed. When making first contact with End-Users; it is best practice to let these End-Users know how their details were acquired and seek their express consent.

France Specific Guidelines

In order to send marketing SMS in France, please ensure compliance with these general EU best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications. A pre-checked box would not be an affirmative action qualifying as express consent.
  • Users are also prohibited from providing a purpose for messages that are unrelated to the service offered.
  • User must specify its identity.
  • User must provide a simple way to opt-out from receiving any future messages.

• Lawfulness of the processing. Carry out a compatibility check to review whether the advertising purpose is compatible with the original purpose.

• Right to object. Allow the Data Subject to exercise the right to object at any time and free of charge. This right should be presented clearly and separately from any other information.

• Data minimisation. Limit the collection of Personal Data to what is directly relevant and necessary to accomplish a specified purpose.

• GDPR and EU compliance. Ensure that all marketing SMS comply with GDPR and other EU laws and regulations.

In order to send marketing SMS in France, please ensure compliance with these general best practices specific to France:

• Only communicate during an End-User’s daytime hours. French mobile networks block marketing SMS traffic between 10pm and 8am, on Sundays, and on French public holidays. Avoid sending messages during these restricted times.

• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language. - For France, a web link in the message is also accepted as an OPT-OUT method.

• Bouygues Telecom does not support Unicode body encoding for application-to-person (A2P) SMS. All Unicode characters will therefore be replaced with GSM characters to ensure delivery.

• Do not contact End-Users on do-not-call or do-not-disturb registries.

• AfterShip Marketing SMS prohibits sending SMS to minors.

• Marketing lists and scraping. When purchasing marketing lists, the User must (i) inform the Data Subjects, (ii) verify the informed consent from the Data Subject to electronic marketing and (iii) be able to demonstrate that he has obtained said informed consent.

Spain Specific Guidelines

In order to send marketing SMS in Spain, please ensure compliance with these general EU best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications. A pre-checked box would not be an affirmative action qualifying as express consent.
  • Users are also prohibited from providing a purpose for messages that are unrelated to the service offered.
  • User must specify its identity.
  • User must provide a simple way to opt-out from receiving any future messages.

• Lawfulness of the processing. Carry out a compatibility check to review whether the advertising purpose is compatible with the original purpose.

• Right to object. Allow the Data Subject to exercise the right to object at any time and free of charge. This right should be presented clearly and separately from any other information.

• Data minimisation. Limit the collection of Personal Data to what is directly relevant and necessary to accomplish a specified purpose.

• GDPR and EU compliance. Ensure that all marketing SMS comply with GDPR and other EU laws and regulations.

In order to send marketing SMS in Spain, please ensure compliance with these general best practices specific to Spain:

• Only communicate during an End-User’s daytime hours.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.
• AfterShip SMS prohibits sending SMS to minors.
• Maintain a list of individuals who have opted-out of marketing communications.
• Publicly available information or marketing lists cannot be used for sending marketing SMS. There must always be prior consent.

Italy Specific Guidelines

In order to send marketing SMS in Italy, please ensure compliance with these general EU best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications. A pre-checked box would not be an affirmative action qualifying as express consent.
  • Users are also prohibited from providing a purpose for messages that are unrelated to the service offered.
  • User must specify its identity.
  • User must provide a simple way to opt-out from receiving any future messages.

• Lawfulness of the processing. Carry out a compatibility check to review whether the advertising purpose is compatible with the original purpose.

• Right to object. Allow the Data Subject to exercise the right to object at any time and free of charge. This right should be presented clearly and separately from any other information.

• Data minimisation. Limit the collection of Personal Data to what is directly relevant and necessary to accomplish a specified purpose.

• GDPR and EU compliance. Ensure that all marketing SMS comply with GDPR and other EU laws and regulations.

In order to send marketing SMS in Italy, please ensure compliance with these general best practices specific to Italy:

• Only communicate during an End-User’s daytime hours.

• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language.

• Do not contact End-Users on do-not-call or do-not-disturb registries.
• AfterShip Marketing SMS prohibits sending SMS to minors.
• Messages sent from international mobile numbers to Italy may be replaced with an Alphanumeric Sender ID or a Local Numeric Sender ID.
• Commercial communications, including SMS Marketing messages that constitute an information society service or are an integral part of it must contain:
  • that the communication is commercial;
  • the natural or legal person on whose behalf the commercial communication is made;
  • that it is a promotional offer such as discounts, premiums, or gifts and the relevant conditions of access; and
  • that they are promotional contests or games, if allowed, and the relevant conditions of participation.
• If Personal Data of Data Subjects is retrieved from third parties, Users have the responsibility to check that the information on the lists is accurate and up to date and that the individuals on the lists have also consented to receiving marketing messages from third parties.

Germany Specific Guidelines

In order to send marketing SMS in Germany, please ensure compliance with these general EU best practices:

• Consent

  • Get opt-in consent from each End-User before sending any communication to them, particularly for marketing or other non-essential communications. A pre-checked box would not be an affirmative action qualifying as express consent.
  • Users are also prohibited from providing a purpose for messages that are unrelated to the service offered.
  • User must specify its identity.
  • User must provide a simple way to opt-out from receiving any future messages.

• Lawfulness of the processing. Carry out a compatibility check to review whether the advertising purpose is compatible with the original purpose.

• Right to object. Allow the Data Subject to exercise the right to object at any time and free of charge. This right should be presented clearly and separately from any other information.

• Data minimisation. Limit the collection of Personal Data to what is directly relevant and necessary to accomplish a specified purpose.

• GDPR and EU compliance. Ensure that all marketing SMS comply with GDPR and other EU laws and regulations.

In order to send marketing SMS in Germany, please ensure compliance with these general best practices specific to Germany:

• Only communicate during an End-User’s daytime hours.
• SMS campaigns should support HELP/STOP messages, and similar messages, in the End-User’s local language.
• Do not contact End-Users on do-not-call or do-not-disturb registries.
• AfterShip SMS prohibits sending SMS to minors.
• Marketing lists containing names and contact details of advertising recipients should be regularly updated to ensure that opt-outs, objections, and deletion requests are being complied with.