Loyalti Messaging Policies

This Loyalti Messaging Policy (“Messaging Policy”) applies to all Loyalti-provided messaging services, including Email, Short Messaging Service (SMS), Multi-Media Messaging (MMS) and Push Notifications (Mobile). This Messaging Policy provides the restrictions and requirements you must abide by to use the Loyalti Messaging Services. This Messaging Policy applies to you and your organization, end users, and customers, and any references to “you” in this Messaging Policy includes your organization, end users, and customers. These restrictions and requirements ensure that all messages sent via the Loyalti Messaging Services are safe, wanted, and legal.

Merchant Opt-In

By providing your mobile phone number you are opting in to receive SMS/MMS messages from us, you consent to receive informational, promotional, and transactional communications via text messages.

These messages may include but are not limited to service updates, promotions, special offers, and important alerts related to our products or services. You can opt-out of receiving SMS/MMS messages at any time by texting “STOP” to [our shortcode]. By doing so, you will no longer receive any future SMS/MMS messages from us. If you wish to resume receiving messages, you can opt-in again by texting “START” to [our shortcode].

This Messaging Policy applies in addition to, and forms part of, Loyalti’s Privacy Policy and Terms of Use, which are incorporated here by reference.

Required: Affirmative Consent (“opt-in”) Requirements

Except for transactional messages (i.e., non-marketing messages that contain information about an action or transaction a recipient has taken or agreed to and, if applicable, updates or notifications to that recipient about that action or transaction), you must obtain affirmative consent prior to sending any messages to a recipient via the Loyalti Messaging Services. Any affirmative consent must be freely given by each recipient to each sender (e.g., blanket consents or consents provided on behalf of a third party are not acceptable), informed, and unambiguous. This means a recipient must be (a) presented with the choice to provide or withhold consent; (b) informed of the sender’s identity (see Sender Identification paragraph below), how its email address will be used, and the subject matter of the emails it will receive; and (c) made aware of how to withdraw, at any time, any previously provided affirmative consent. You must obtain affirmative consent from a recipient again if you send that recipient messages after an extended period of non-engagement.

Any affirmative consent that you obtain from a recipient is strictly for the subject matter for which that recipient provided that affirmative consent. Please also note that any affirmative consent that you obtain is not transferable to your affiliates or any other party.

You are required to retain proof of all affirmative consents obtained from recipients at least until the recipient withdraws its affirmative consent. Upon written request from Loyalti, you must promptly provide proof of a recipient’s affirmative consent and the date and the method through which that recipient’s email address was obtained.

Sender Identification Requirements

Each message that you send via the Loyalti Services must (a) clearly identify and accurately represent the sender (i.e., the party that obtained the affirmative consent from a recipient or the party that is initiating the transmission of the message).

Monitored & Prohibited Content

The following types of content in the following categories are typically not allowed on our platform. Any exceptions to these policies are at the sole discretion of Loyalti and must be in conformance with existing state or federal guidelines:

1. Political Speech. Messages that promote, or oppose a political party, any person or group of persons holding federal, state or local government elected office, the election of any candidate or group of candidates for federal, state or local government offices, or initiatives, referendums or other ballot measures.
2. Public Issue Speech. Messages that non-incidentally expresses or advocates or appears to express or advocate an opinion, position or viewpoint on a matter of public debate about economic, political, religious or political statements on social issues.
3. Religious Speech. Messages that promote or oppose specific religions, religious viewpoints, messages or practices. We are not a platform for religious evangelism.
4. Fraudulent Information, False or Misleading: Any messages that the advertiser/sponsor reasonably should have known is false, fraudulent, misleading, deceptive, or would constitute a tort of defamation or invasion of privacy, including content determined by Loyalti to be counter to factual data. Additionally, any content that Loyalti determines in good faith to be intended to mislead a recipient (e.g., phishing emails, chain letters, pyramid schemes) or cause harm or damage (e.g., malware or viruses) is strictly prohibited.
5. Copyright, Trademark or Otherwise Unlawful. Messages that contains material that is an infringement of copyright, trademark or service mark, or is otherwise unlawful or illegal.
6. Illegal Activity. Any messages that promote any activity or product that is illegal under federal, state or local law.
7. Profanity, Violence, and Threatening Harm: Messages that contains any profane language, employs the use of miscellaneous characters or symbols as a substitute for profane language, or portrays images or descriptions of graphic violence, including intentional infliction of pain or violent action towards or upon a person or animal, and any content that contains any threat, implied or direct, to harm a particular individual or group of individuals, is strictly prohibited.

Prohibited Products & Services

S.H.A.F.T is an acronym for Sex, Hate, Alcohol, Firearms, and Tobacco. It delineates the classifications of text messages that are subject to specific regulations due to ethical and legal concerns. Any campaigns that (a) promotes or depicts the sale, rental, or use of, participation in, or images of the above products, services or activities; or (b) that uses brand names, trademarks, slogans or other material that are identifiable with such products, services or activities are subject to this regulation.

Monitoring and enforcement of these regulations are overseen by the CTIA and mobile carriers. Sexual (adult content), alcohol, firearms, and tobacco promotion are permissible under federal law for SMS marketing, given the presence of a functional age-gating mechanism. This age-gate should require users to input their birthdate instead of merely selecting “Yes” to confirm that they are above 21 years of age.

While not a legal mandate, the S.H.A.F.T. guidelines warrant significant attention from individuals employing SMS for consumer communication. Adhering to these guidelines is crucial for aligning with CTIA best practices and meeting carriers’ stipulations.

Age Gating and Geographic Guidelines

When sending messages connected to topics such as alcohol, firearms, gambling, tobacco, or other adult-oriented content, further limitations come into effect. Besides acquiring consent from each recipient, it is imperative that no recipient is below the legal age of consent in their respective location. Furthermore, the content of the message must align with the legal stipulations of the recipient’s jurisdiction and relevant standards outlined by the communications industry. It is mandatory to provide evidence of implemented measures that guarantee adherence to these constraints.

Note on Companies who provide Prohibited Products & Services

Companies that provide products in these service categories can use the Loyalti messaging services, but they cannot advertise the products themselves or sell these types of products through the Loyalti messaging services or via Loyalti campaigns.

Deliverability and Loyalti Messaging Services Performance Risks

Sending certain messages may result in email deliverability issues or negatively affect the performance of the Loyalti Messaging Services or Loyalti’s business reputation, any one of which may constitute a violation of this Messaging Policy, as determined by Loyalti, on a case-by-case basis. These include, but are not limited to, sending emails that result in (a) complaints from third parties (e.g., complaints from inbox providers or law enforcement agencies) or an unreasonable number of complaints from recipients (e.g., complaints of spam or similar complaints) or (b) excessive block listings or listings that exceed a reasonable period of time to resolve.

Prohibited Actions on Loyalti Messaging Services

Operators are prohibited from using the Loyalti Messaging Services in the following ways:

• Sending unsolicited or unwanted messages in bulk;
• Sending messages to addresses or phone numbers that you obtained from the Internet or social media or to generic email aliases (e.g., webmaster@domain.com or info@domain.com) without obtaining prior affirmative consent;

• Using third-party messaging addresses and domain names without proper consent or authorization from the third party;
• Using or embedding tracking technologies (e.g., tracking pixels or cookies) in messages sent to a recipient prior to obtaining consent from that recipient to the extent and in the manner required by applicable law or regulation;
• Using purchased or rented email lists or messaging lists of recipients that have not affirmatively consented to receive messages from you;
• Using techniques or practices to evade mechanisms, filters (e.g., spam filters), and detection capabilities (e.g., anti-abuse or spam detection mechanisms) designed to identify unsolicited or unwanted emails, including, but not limited to, snowshoeing (i.e., sending spam emails across multiple domains or IP addresses to dilute reputation metrics and evade filters) and waterfalling (i.e., list owner “waterfalls” the same illicitly obtained address list through a series of (usually) unknowing, innocent email service providers. Each time they clean out bounces, complainants and maybe non-respondents, with the end goal being to send the final result through a good messaging service provider with solid deliverability); and
• Disguising, falsifying, or manipulating the subject matter, header, or transmission path information of any email.

How We Address Violations

Upon identifying a breach of these principles, we will make efforts to collaborate with customers to assist them in restoring compliance. Nevertheless, in order to ensure the unhindered usage of messaging for lawful purposes by all our customers, we maintain the right to suspend or revoke access to Loyalti’s platform for customers or their end users whom we find to be in contravention of the Messaging Policy or failing to adhere to relevant legal requirements and industry benchmarks. In certain cases, especially for severe breaches of this policy, this action may be taken with limited advance notice.

Email: Revocation of Affirmative Consent (“opt-out”) Requirements

Except for transactional emails (as defined above), the body of each email that you send via the Loyalti Services must include (a) an active and accurate physical mailing address where a recipient can send an unsubscribe request via mail; (b) clear, conspicuous, and functioning unsubscribe hyperlink; and (c) a hyperlink to your privacy policy applicable to the emails you send.

A recipient must have the ability to revoke its affirmative consent at any time. You must honor all affirmative consent withdrawal requests within (10) days of the date they are sent, or the timeframe required under applicable law or regulation, whichever is shorter. You may not send emails to a recipient that has withdrawn its affirmative consent, unless that recipient provides its subsequent affirmative consent. This paragraph does not apply to transactional emails (as defined above).

Recurring Messages and Continual Consent

When planning to send messages to a recipient on a regular basis, it’s essential to ensure their consent by providing a distinct reminder of how they can opt out from such messages, using the standard opt-out phrasing (defined below). Additionally, it’s crucial to honor the recipient’s indicated frequency of communication. Furthermore, you are required to actively seek individuals’ reconfirmation of their consent in alignment with local regulations and established best practices.

Rules by Country

All messages must adhere to the regulations relevant to the country of residence of the message recipient.