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Acceptable Use Policy
 

 

Acceptable Use Policy

 

This Acceptable Use Policy (the “Policy”) outlines the rules that govern your usage of the services offered by Enovative Lab LLC, dba CollectDesk (“CollectDesk,” “we,” “us,” or “our”), including services accessed through our clients’ websites or platforms (the “Services”). Please note that the examples provided in this Policy are intended to be illustrative and not exhaustive. 

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For proper understanding, this Policy should be read together with the CollectDesk Terms of Service (“CollectDesk Terms of Service”), which can be found at: https://www.collectdesk.com/terms and is incorporated here by reference. If we determine, in our sole discretion, that you have violated this Policy, either directly or indirectly, we may suspend or terminate your access to the Services or take other interim actions.

We may occasionally revise this Policy and will post the updated version on our website. By using the Services, you agree to comply with the most recent version of this Policy. 

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All communications resulting from your use of the CollectDesk Services (including, but not limited to, SMS, MMS, Voice, and similar messaging channels) must comply with the CollectDesk Terms of Service and this Policy. This encompasses all rules and prohibitions regarding: Consent (“opt-in”); Revocation of Consent (“opt-out”); Sender identification; Messaging Usage; Prohibited Content; Filtering Evasion; and Enforcement.

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Consent Obligations

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General Consent Obligations: Before sending any initial message to a person, you must secure their explicit permission to communicate with them, commonly known as “consent.” It is essential to inform the person clearly about the type of messages they will receive.

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You are required to maintain a record of this consent, which can include a signed document or a timestamp indicating when the person completed a sign-up process or otherwise agreed. This record must be preserved according to local laws or best practices, even after the person opts out of further messages. If you do not send an initial message to that person within a reasonable timeframe following their consent (or as dictated by local laws or guidelines), you must reconfirm their consent in your first communication.

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The consent is specific to you and the particular use for which it was granted. It cannot be transferred or traded. For instance, purchasing a list of phone numbers from another entity does not constitute valid consent. Additionally, consent cannot be interpreted as a blanket approval for messages from other brands or companies you may represent or for purposes for which you have not obtained consent.

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Alternative Consent Scenarios: While obtaining consent is mandatory and the methods described above are typically the most secure, there are two exceptions where consent can be handled differently.

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  1. Initiated Contact by the Person: If someone reaches out to you first, you may respond to that person. For instance, if they text your number inquiring about the services your business offers, you can directly reply with that information. In this case, their message serves as both consent and evidence of consent. However, remember that this consent is limited to that specific interaction. Do not send any additional messages outside of this conversation without obtaining further consent.

  2. Informational Messages to Persons with a Prior Relationship: You may communicate with a person if there is an existing relationship and the person has provided you with their phone number, has engaged in an action that prompts communication, and has not opted out or indicated a desire not to receive messages from you.
     

Acceptable actions that can trigger this include clicking a button, setting up alerts, scheduling appointments, or placing orders. Suitable messages in these situations might include appointment reminders, receipts, one-time passwords, or confirmations related to orders, shipping, or reservations. These messages must not aim to promote products, encourage purchases, or advocate for any causes.

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Ongoing Communications and Consent Confirmation: If you plan to send messages to a person regularly, it is crucial to reaffirm their consent by providing a clear reminder of how they can unsubscribe from your communications using standard opt-out language (as defined below). You must also honor the person's preferences regarding how often they wish to be contacted. Additionally, you should actively seek to reconfirm their consent as required by local regulations and best practices.

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Sender Identification and Opting-out

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All messages you send must clearly indicate that you (the party who received the opt-in from the person) are the sender, with the exception of follow-up messages within an ongoing conversation. Your initial message to a person must include the following wording: “Reply END to unsubscribe,” or an equivalent standard opt-out phrase such as STOP, STOPALL, UNSUBSCRIBE, or QUIT. Persons should have the option to withdraw their consent at any time by replying with a standard opt-out phrase. Once a person opts out, you may send one final message to confirm that their request has been processed, but no further messages are permitted. The person must provide consent again before you can send any additional messages.

 

Prohibited Content and Actions

 

You must not use the Services to send messages containing, promoting, referencing, or linking to any of the following types of content or take any of the following associated actions.

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Last updated: September 24, 2024

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