Anti-Spam Policy of SMS.by
SMS.BY bases its activities on strict adherence to the prohibition of sending SPAM messages in any form. By using the SMS.BY service and services, these Rules apply to all visitors, users, and other persons who use or access the Service.
SPAM messages are messages that meet at least one of the following criteria:
- Addressed to individuals who have not given their prior consent to receive them according to the Advertising Law
- “Mobile radio telephone network mailings must be carried out provided that prior consent of the subscriber is obtained, expressed by the subscriber performing actions that clearly identify the subscriber and reliably establish their will to receive the mailings. A mailing is considered carried out without the prior consent of the subscriber if the mailing initiator or the mobile radio telephone network operator cannot prove that the consent was obtained.”
- Consent can be provided in the form of a separate document, questionnaire, contract attachment, or be part of the Rules, Regulations, and other documents signed by the Subscriber.
- Consent can be obtained in the following ways: when receiving a discount card, conducting a survey, receiving goods at home, providing an additional discount by filling out a questionnaire, during the first contact with the Client, at the time of service provision, etc. The date must not be later than the date of the first SMS mailing to the Client, or the order of the goods.
- Contain false information that can mislead or cause harm.
- Are offensive or defamatory, incite national, racial, or religious hatred, contain obscene words and expressions.
- Contain information prohibited by the legislation of the recipient's or sender's country.
- Do not contain mandatory information required by the legislation of the recipient's or sender's country.
- Refer to intellectual property and copyright objects for which written consent from the owner has not been obtained.
In addition, high-risk topics include:
- Loans, credits, microfinance;
- Political campaigning;
- Insurance;
- Securities market;
- Medicines, drugs, dietary supplements;
- Sports betting;
- MLM companies and network marketing;
- Debt assistance and optimization services, debt collectors.
Messages of such content will be blocked, and the Client (under the SMS.BY service offer contract - the Customer) will be required to provide additional confirmations of the legality of such mailing.
Prohibited topics by law must not be contained in messages sent by Clients to the Client (under the SMS.BY service offer contract - the Customer), and if discovered, they will be immediately blocked. These include:
- Weapons and explosives;
- Intimate and escort services;
- Narcotic and psychotropic substances, as well as their precursors;
- Prohibited and prescription medications;
- Alcohol products;
- Tobacco products, smoking accessories, and related items;
- Gambling;
- Breast milk substitutes;
- Financial pyramids.
When sending SMS, it is necessary to be guided by the legislative acts of the countries to which the SMS messages are sent.
Regardless of the content of the message, prior consent of the recipient is a mandatory condition for the legality of the mailing.
User responses to survey questions, as well as surveys where the option like 'I want to receive your materials' is checked by default and the user must uncheck it if they do not want to receive any materials, do not count as consent.
The fact of SPAM mailing (SPAM incident) is considered to be the sending of a message by any method, using the means available through the SMS.BY service, that meets the criteria of SPAM. The delivery of such a message to the recipient is irrelevant in determining the fact of SPAM mailing.
Upon receiving information about a violation of this Policy by an SMS.BY service user, the provision of services may be suspended until the details of the violation are clarified.
In the process of clarifying the circumstances, information and documents confirming the absence of SPAM characteristics, as well as explanations from interested parties, will be requested. The Client (under the SMS.BY service offer contract - the Customer) must provide the requested documents within the timeframes specified in the request. The request can be made either in writing or electronically.
When reviewing complaints, the Client (under the SMS.BY service offer contract - the Customer) must convincingly confirm that the message does not contain SPAM characteristics. The absence of confirmation will mean that this is a fact of SPAM mailing (SPAM incident).
The promptness of the response and the provision of information directly affects the duration of the service suspension and the possible financial consequences of SPAM mailing!
If the Client (under the SMS.BY service offer contract - the Customer) engages in or continues to engage in SPAM mailings, we reserve the right to completely suspend the provision of services without notice and without refunding the cost of the Service, as well as to send reports of SPAM distributed by the Client (under the SMS.BY service offer contract - the Customer) to competent authorities and organizations.
Without limiting the foregoing, the Client (under the SMS.BY service offer contract - the Customer) will be liable for any losses or damages incurred by LLC 'SMS.BY' or any third party, provided that such losses result from non-compliance with the terms of this Policy.
If you believe that you have been subjected to SPAM from one of our Clients (under the SMS.BY service offer contract - the Customer), please inform us in any convenient way for you , or contact the SMS sender and inform them of your unwillingness to receive SMS mailings