Updating Your Privacy Policy and Terms of Service

You should modify your Terms of Service in the following ways. To do so, go to Settings > Legal and scroll down to the Terms of Service section inside of your Shopify store setting section.  If you don’t have a Terms of Service yet, click on Create from template and make sure to edit all of the [[BRACKETED]] sections appropriately.

Then, paste the following into your Terms of Service as an additional section. Be sure to properly edit the bold [[bracketed]] terms:

SMS Terms and Conditions

Please read these terms and conditions carefully.  By checking the box to sign up for the text messaging program, or opting in through some other explicit means (opting in via short code or entering your phone number into a on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from [[Company Name]] (“Company”) and others texting on its behalf, at the telephone number(s) that you provide.  You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.  

You also accept and agree to be bound by these SMS Terms and Conditions, the Company’s Terms of Use and [[Privacy Policy – Linked]], and any other applicable terms and agreements related to your use of Company’s services.

Overview: Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests). The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages.  You will receive a maximum of ten (10) messages per week from the Company text messaging program.  Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

How to Opt-Out: To stop receiving text messages from the Company’s text messaging program described herein, reply STOP to any message you have receive from the Company as part of this program. You will then receive confirmation of your opt-out of that text messaging program, which you agree does not violate your opt out rights in respect to the TCPA.  

Your Number: You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by submitting a “contact us” form on the website associated with the specific text messaging program you opted into. You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Eligibility, Support, Deliverability: To receive Company text messages, you must be a resident of the United States and 18 years of age or older.  Company reserves the right to require you to prove that you are at least 18 years of age. You may receive help by submitting a support request via the website associated with the specific text messaging program you opted into. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

Termination of Text Messaging: Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions.  Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Changes to Terms and Conditions: Company may revise, modify, or amend these SMS Terms and Conditions at any time. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Then, save your changes by clicking the Save button at the top of the page.

You should also modify your Privacy Policy. Go to Settings > Legal and scroll down to the Privacy policy section.  If you don’t have a Privacy Policy yet, click on Create from template and make sure to edit all of the [[BRACKETED]] sections appropriately.

Edit your privacy policy by adding the following text to the most relevant area:

SMS NOTIFICATIONS AND PROMOTIONAL MESSAGES

By entering your phone number in the checkout or by checking the box to sign up for the text messaging program, or opting in through some other explicit means (opting in via short code or entering your phone number into a on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from at the telephone number(s) that you provide.  You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. Message and data rates may apply.

Save your changes by clicking the Save button at the top of the page.