Policies


WaiverFile Messaging Policy

Last Updated: April 26, 2022

This Messaging Policy applies to WaiverFile’s SMS text messaging service. 

We all expect that the messages we want to receive will reach us, without being filtered or blocked. An important step that WaiverFile and our customers can take to make sure this always happens is to prevent unwanted messages. Towards that end, we strive to work with our customers so that messages are sent with the consent of the recipient and that those messages comply with applicable laws and communication guidelines. 

Consent

Before sending messages, proper consent must be achieved. The following rules outline how to obtain proper consent for sending messages: 

  1. You must obtain an agreement from the message recipient to communicate with them. It must be made clear to the individual that they are agreeing to receive messages for the type that you are going to send. This can be presented in several ways: 

    1. The text of your mobile number label and description text.
      The default text of the label is “Mobile Number” and the default text of the description text is “Enter your mobile number to receive SMS text alerts.” You can adjust this as needed in the SMS feature settings. 

    2. Opt-in checkbox: Depending on your use case, you may wish to require a mobile number to be entered on your form. Make sure to provide the option to opt-in to receive SMS messages. To handle this, enable the Opt-in checkbox. When turned on, a checkbox will be presented and only those who submit the form with the box checked, will be included in SMS messaging. 

    3. Agreement text: You can include wording in your waiver agreement text that outlines what signees can expect and what they are agreeing to. If you choose this method, we strongly encourage making sure that the language is prominent and made clear to signees. 

  2. If you do not send an automatic message within a reasonable period after submission, then you will need to reconfirm consent in the first message that you send to that recipient. 

  3. The consent only applies to you, and to the specific use that the recipient has consented to. You cannot treat it as a blanket consent and send messages from other brands, or companies that you may have.

  4. Proof of opt-in consent should be retained. When collecting phone numbers as part of a waiver, consent will be saved automatically in WaiverFile as the consent is stored along with the waiver. 

Alternative Consent

Two special cases can adjust how consent is received. 

  1. If a customer initiates a message to you, you may respond to that individual. For example, if someone texts asking about hours of operation, you can respond directly. Consent is limited only to that particular conversion. You cannot then add them to general sms mailing lists without specific consent. 

  2. You may send a message to an individual where you have had a prior relationship if they have given you their phone number and taken some action to trigger the communication, and so long as that person has not asked you not to message them.

Periodic Messages and Ongoing Consent

If you intend to send messages to a person on an ongoing basis (such as using the birthday feature), you should confirm consent byu offering a clear reminder of how to unsubscribe from those messages using standard opt-out language (listed below).  You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.

Identifying Yourself as the Sender

Every message you send must clearly identify you as the sender, except for followup messages in an ongoing conversation. To do this, make sure that you include your business name or sending name in each automatic message that you create. 

Opting Out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.

Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Content We Do Not Allow

WaiverFile uses a back-end provider to deliver outgoing messages and in order to comply with content restrictions on that network, WaiverFile requires that messages do not include some types of content. This includes sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. 

Other prohibited uses include:

  • Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to:

    • Cannabis. Messages related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. WaiverFile defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.

    • Prescription Medication. Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States.

  • Hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group.

  • Fraudulent messages.

  • Malicious content, such as malware or viruses.

  • Any content that is designed to intentionally evade filters

Age and Geographic Gating

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. This can be done by enabling birthdate fields on your waiver form along with the minimum age setting. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards.

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

How We Handle Violations

When we identify a violation of these principles, where possible, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to WaiverFile’s platform for customers or customers’ end users’ that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy.