The Talk Options Anti-Spam Policy ("Policy") establishes rules that govern certain of the marketing activities undertaken in connection with the Talk Options Offerings (as that term is defined in the Talk Options Terms of Use ("Terms")). Please review this Policy carefully. This Policy, and the activities undertaken in connection with the Talk Options Offerings shall be governed by all applicable agreements including, but not limited to, Talk Options' Privacy Policy ("Privacy Policy") and Terms (hereinafter collectively "Talk Options Agreements"). This Policy is hereby incorporated into the Talk Options Agreements, and any and all terms and conditions contained therein shall apply to this Policy. Where there is a conflict between the terms and conditions of this Policy and those of the Talk Options' Agreements, the applicable Talk Options Agreements shall govern in all respects. Capitalized terms not defined herein shall have the meaning set forth in the Terms. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE TALK OPTIONS' OFFERINGS.
Talk Options LLC ("Talk Options," "we," "our" or "us"), by and through this Policy and the other Talk Options Agreements, establishes strict procedures and requirements to avoid unsolicited, unexpected or unwanted text messages (collectively, "Text SPAM"). Text Spam includes text messages that are sent: (a) without obtaining the "prior express written consent" from the applicable Consumer Contacts to receive text messages within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"); (b) in violation of other applicable law; (c) in violation of current guidelines and/or Best Practices set forth by both the Mobile Marketing Association ("MMA") and all participating mobile telephone carriers; and (d) to a Consumer Contact about a subject that the Consumer Contact did not request to be contacted about. We do not tolerate text spam in any way. If we suspect a violation of this Policy, we may, at our sole discretion, immediately suspend or terminate the user's account. Our Text Ninja Agreements require our clients to agree to the terms and conditions of this Policy.
Additionally, Talk Options offers confirmed opt-in functionality as an optional tool for our clients to use to help minimize allegations of Text Spam and abuse. When a list is designated as "confirmed opt-in," Talk Options' system automatically sends a follow-up email to each Consumer Contact on such lists asking the recipient to verify that she/he wishes to receive communications via text message from the applicable sender. Only those subscribers responding affirmatively will be opted-in to future text messages sent via the Talk Options Offerings.
We additionally require that clients either reconfirm (permission pass) or stop texting an existing list or individual when that client is determined to be in violation of this Policy or any other Talk Options Agreements. Repeated violations or failures to comply with this Policy or any other Talk Options Agreements will result in termination of that client's access to the Talk Options Offerings.
For any opt-in list of cellular phone numbers used in connection with the Talk Options Offerings, our clients agree to provide us with the method used for recipient signup, and details surrounding the process used, and whatever other information relates to the transaction or sign-up process used. This includes, but isn't limited to, date and time of sign up, IP address of signup, website signed up from, and whatever other information the client asked of the recipient at point of sign up.
Our clients certify that they will not use rented or purchased lists of cellular phone numbers, or any other list that contains cellular phone numbers captured in any other method than an opt-in that complies with all applicable law, including, without limitation, the TCPA. The use of opt-out lists is prohibited in our system. Talk Options retains the right to review client lists and text messages to verify that clients are abiding by the privacy and permission policies set forth herein. Our clients are required to comply with this Policy, all Talk Options Agreements and all applicable laws.
We use strict security measures to protect against the loss, misuse and alteration of data used in connection with the Talk Options Offerings. We promise to keep your cellular telephone number secure and private and will not use it for other purposes. Talk Options does not buy or sell email lists or cellular phone numbers. Please review our Privacy Policy for more details.
You should only receive text messages from the Talk Options Offerings from a client of ours that you have agreed to receive text messages from. Our clients certify that the consumers that provided all cellular phone numbers used in connection with the Talk Options Offerings have opted-in and that have given permission to the client to send them text messages. As we indicate above, Talk Options does not allow nor desire that any client use our text messaging services to send unwanted texts or Text Spam. If you don't recognize who sent you the message, see the next section.
If you don't recognize who used the Talk Options Offerings to send you a given message, you can report it to us as spam by sending an e-mail to: abuse@talkoptions.com and include, if possible: (a) the applicable sender ID in the text message that you received; (b) your mobile telephone number (to be removed); (c) the date and time that you received the text message; and (d) the contents of the message. We receive, investigate, catalog, and take action based on these complaints. In addition, all text messages sent using Talk Options services can be tracked and, as such, the applicable recipient can be removed by Talk Options from the applicable sender list.
Talk Options maintains an OPT-OUT list that restricts our clients from adding a mobile number to their list of consumer contacts that has previously opted-out.
We require that our clients ensure that each text message sent through the Talk Options system contains instructions that allow subscribers to Opt-Out of receiving text messages from the sender by simply texting back "Stop" to the sender. You may change your expressed interests at any time. If you have received an unwanted text sent by and through the Talk Options Oferings after Opting-Out, please feel free to contact us directly to resolve the issue.
We will never share, sell, or rent consumer cellular telephone numbers without your advance permission, unless ordered by a court of law. Information submitted to us is available only to employees responsible for managing this data.
If you have any questions about this Policy, please call us at: 585-749-2015; or email us at: abuse@textninjas.com.