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Messaging Policy

GoZone has prepared this Messaging Policy (“Policy”) as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its messaging features. This Policy is based upon the relevant provisions in our Software as a Service Agreement and is applicable to all GoZone Services that may be used for transmitting emails, SMS/Text, Tweets or any other methods to message or deliver communications to Guests or Contacts (“Covered Services”). Our Software as a Service Agreement is located at https://www.gozonewifi.com/terms/saas/. Your use of our  messaging services indicates your agreement to comply with this Policy. If you do not agree then do not use the messaging services in the platform(s).

You agree to GoZone’s Messaging Policy as a precondition to use of Covered Services. Covered Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing or express opt-in to SMS lists. We are very serious about our Anti-SPAM Policy. If we discover that you are sending emails, SMS or and other type of messages to people without their permission, we reserve the right to terminate your user account and pass to YOU any costs, fees, citations, penalties, or fines for non-compliance or violations of any government agency or third-party service provider.

E-Mail compliance with anti-SPAM rules:
If you use GoZone services to send e-mail campaigns, then your e-mail must be compliant with the CAN-SPAM Act and your local laws regarding sending e-mail messages. You can read all about the CAN-SPAM Act by visiting the FTC website.

By “permission” we mean express and provable permission granted to you. A permission to send commercial emails may be through:

  • Any method to login to access a WiFi network;
  • Submission of email address as part of downloading anything from your website or ordering a product or service from you;
  • Subscription to an email newsletter by filling out a form on your website;
  • Someone has provided you with the email address as part of participation in any contest, event or survey conducted by you and you have informed him/her that you would be sending them marketing emails.
  • Any instance where a person completing a form has checked an opt-in checkbox indicating their willingness to be contacted by you through email, provided the checkbox is unchecked by default and you have informed such person that the nature of the emails will be commercial.
  • Any business card given by a person who has expressed his/her willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a trade show.

The rule of thumb is “Do not use Covered Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.” We insist on 100% compliance with the above rule.

When we say 100%, we do not include those instances where the recipient of an email has marked it as SPAM although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.

Consent / Opt-in

What Is Proper Consent?

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using GoZone’s platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers.

Consent Requirements

Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, you must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.
The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.
Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages.
Alternative Consent Requirements

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

Informational content to an individual based a prior relationship

You may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. 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 (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Opt-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.

Usage Limitations

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. GoZone’s Acceptable Use Policy prohibits 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. GoZone 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.

SMS compliance with anti-SPAM rules:
If you use GoZone services to send e-mail campaigns, then your e-mail must be compliant with your local laws and carrier policies regarding sending SMS messages. Here is a good article from the CTIA on guidelines regarding sending SMS and MMS messages.

Consent / Opt-in

What Is Proper Consent?

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using GoZone’s platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers.

Consent Requirements

Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, you must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.
The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.
Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages.
Alternative Consent Requirements

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation.

Informational content to an individual based a prior relationship

You may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause.

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. 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 (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Opt-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.

Usage Limitations

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. GoZone’s Terms of Service prohibits 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. GoZone 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.

We may, at any time, require you to prove that you have express permission to send emails to email addresses you have imported to your Covered Services irrespective of whether you have sent marketing emails to such email addresses.

Compliance considerations

GoZone’s customers, including their end users and clients, must comply with applicable laws, regulations, GoZone’s policies, including, but not limited, to the SaaS Agreement and the GoZone Messaging Policy,  and industry standards, including, but not limited to, telecommunications providers’ policies.

U.S. telecommunications providers may assess fees for non-compliant A2P traffic, and GoZone will pass these fees onto you. To date, T-Mobile is the first U.S. telecommunications provider to announce non-compliance fees for violations of T-Mobile’s Code of Conduct. GoZone will update these guidelines accordingly if/when additional U.S. telecommunications providers announce non-compliance fees.

T-Mobile non-compliance fees are as follows:

  • 10DLC Long Code Messaging Program Evasion: A $1,000 pass-through fee if a program/campaign is found to be using techniques such as snowshoeing, or unauthorized number replacement/recycling.
  • Content Violation: After prior warning, a $10,000 pass-through fee may be imposed for each unique instance of content violating the T-Mobile Code of Conduct involving the same sender/content provider.  This includes SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) violations, spam, phishing, and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.

Your use of Covered Services signifies your unconditional acceptance of this Messaging Policy.

If you have any questions about our Policy, or if you want to report spamming or violating activity by one of our customers, please contact our Abuse Department at:

Postal Address:
GoZone WiFi LLC
PO Box 12275
St. Petersburg, FL 33733
Attn: Messaging Abuse

Email:
abuse@gozonewifi.com

Updates to this Policy:
We may update this Policy from time to time. If we make any changes to this Policy, we will change the “effective date” below and will post the updated Policy on this page (https://www.gozonewifi.com/policies/messaging). Continuing to use our Services after we publish changes to this Policy means you are consenting to these changes.

If you wish to unsubscribe from messaging communication from GoZone WiFi or any of its clients, you may e-mail us at support@gozonewifi.com. Additionally, most of our email distributions contain an “unsubscribe” link and any SMS messages sent from our systems can be prevented by replying to the text message with the word “Stop”.

If you have any questions about this Policy, please contact us at support@gozonewifi.com or by writing to us at:

GoZone WiFi LLC
PO Box 12275
St. Petersburg, FL 33733

Effective dateDecember 30, 2021