Anti-SPAM & Compliance Policy

Last updated 6th of September 2024

1. Introduction

Mobile Message Pty Ltd ("we," "us," "our") is committed to ensuring that our services are used in compliance with the Australian Spam Act 2003 and other relevant regulations. This Anti-Spam and Compliance Policy outlines the responsibilities of users and our enforcement measures to prevent the sending of unsolicited or harmful messages through our platform.

By using our services, you agree to comply with this policy. Failure to adhere to these guidelines may result in account suspension, termination, or legal action.

2. Definitions

For the purposes of this policy, the following definitions apply:

"Spam" refers to unsolicited commercial electronic messages sent without the recipient's consent, typically for advertising or promotional purposes.
"Unsolicited Messages" refers to any message sent to a recipient who has not provided prior consent to receive it.
"Recipient" refers to the individual or entity receiving the message.
"Opt-Out" refers to the option provided to recipients to unsubscribe from receiving further communications.

3. User Responsibilities

As a user of Mobile Message Pty Ltd’s services, you are responsible for ensuring that all messages sent through our platform comply with the Australian Spam Act 2003 and other relevant laws. You must:

Obtain Consent: Ensure that all recipients have given express or inferred consent to receive your messages.
Provide Opt-Out Mechanisms: Include a clear, functional, and easy-to-use opt-out (unsubscribe) mechanism in every commercial message you send.
Manage Opt-Out Requests: Process opt-out requests promptly and ensure recipients who have unsubscribed do not receive further messages.
Maintain Accurate Records: Keep records of consent and opt-out requests to demonstrate compliance if required.

Failure to meet these responsibilities may result in the suspension or termination of your account, as well as potential legal consequences.

4. Prohibited Activities

You are strictly prohibited from engaging in any of the following activities:

Sending Unsolicited Messages: Sending commercial messages to recipients who have not provided consent is not permitted.
Harassment, Scams, or Fraudulent Messages: Using the platform to send harassing, deceptive, or fraudulent messages is prohibited.
Use of Invalid or Misleading Information: Messages must not contain false or misleading sender information, subject lines, or message content.
Sending Messages to Inactive or Invalid Numbers: You must ensure that the phone numbers in your contact lists are valid and active.

We may monitor the messages sent through our platform and reserve the right to take action against any account found in violation of these prohibitions.

5. Content Guidelines

All messages sent through Mobile Message Pty Ltd’s platform must adhere to the following content guidelines:

Clear Identification of Sender: Messages must clearly identify the sender and include accurate contact details, such as your business name and phone number or email address.
Accurate and Non-Misleading Content: The content of your messages must be truthful, accurate, and not misleading in any way.
Required Information for Marketing Messages: Marketing or promotional messages must include the sender’s details and an easily accessible opt-out mechanism for recipients.
Compliance with Legal Requirements: All messages must comply with relevant legal and regulatory requirements, including those outlined in the Australian Spam Act 2003.

Failure to comply with these content guidelines may result in the suspension or termination of your account and potential legal action.

6. Opt-Out and Unsubscribe Procedures

Users of our platform must include a clear and functional opt-out mechanism in every commercial message they send. The following procedures must be followed:

Including Opt-Out Options: Each message must contain an easily identifiable opt-out option, such as "Reply STOP to unsubscribe" or a clickable unsubscribe link.
Handling Opt-Out Requests: Users are responsible for ensuring that opt-out requests are promptly processed and that recipients who have unsubscribed do not receive further messages.
Timely Processing: Opt-out requests must be processed as soon as possible and no later than five business days after receipt of the request.

Failure to comply with these procedures will be considered a violation of our policy and may result in account suspension or termination.

7. Monitoring and Enforcement

Mobile Message Pty Ltd reserves the right to monitor the content of all messages sent through our platform to ensure compliance with this Anti-Spam and Compliance Policy. We may review message content, sender details, and user activity to identify any violations.

If we determine that a user has violated this policy, we may take the following enforcement actions:

Issue a Warning: We may send a warning to the user, outlining the violation and requesting corrective action.
Suspend or Terminate Accounts: In cases of repeated or serious violations, we may suspend or permanently terminate the user’s account.
Block Specific Messages: We may block or prevent the delivery of messages that violate this policy.
Report Illegal Activity: If we detect illegal behavior, we may report the user’s activity to relevant authorities, including law enforcement or regulatory agencies.

While we may monitor and block messages that appear to violate this policy, the absence of such action does not indicate that the message complies with applicable laws. Users remain solely responsible for ensuring their messages comply with all relevant regulations.

8. Compliance with Other Regulations

In addition to complying with the Australian Spam Act 2003, users of our platform must also adhere to other applicable regulations, including:

Telecommunications Regulations: All users must comply with the legal requirements set out by the Australian Communications and Media Authority (ACMA).
Anti-Scam Laws: Users must avoid engaging in any practices that may be considered scams, fraud, or illegal marketing tactics. We take compliance with anti-scam laws seriously and will take action against accounts engaging in fraudulent activities.

We are committed to working closely with the ACMA and other regulatory bodies to ensure that our services comply with all relevant laws and regulations.

9. Penalties for Non-Compliance

Failure to comply with this Anti-Spam and Compliance Policy may result in significant penalties. Mobile Message Pty Ltd reserves the right to take the following actions:

Account Suspension or Termination: Accounts found in violation of this policy may be suspended or permanently terminated without prior notice.
Legal and Financial Penalties: Users who violate anti-spam regulations may face legal action, including fines or penalties under the Australian Spam Act 2003 or other applicable laws. Mobile Message Pty Ltd will cooperate with law enforcement and regulatory authorities as required.
User Liability: Users are solely responsible for any breaches of this policy and any resulting legal or financial consequences.

10. Reporting Violations

If you believe you have received unsolicited or illegal messages through our platform, or if you have observed a violation of this Anti-Spam and Compliance Policy, please report it to us immediately. You can contact us at [email protected] with details of the violation.

We take all reports seriously and will investigate any claims of non-compliance or illegal activity.

11. Changes to This Policy

Mobile Message Pty Ltd may update this Anti-Spam and Compliance Policy from time to time to reflect changes in legal requirements or our service practices. Any updates will be posted on our website, and the effective date of the changes will be noted.

We encourage you to review this policy periodically to stay informed of any updates. Your continued use of our services following the publication of any changes constitutes acceptance of those changes.

12. Contact Information

If you have any questions, concerns, or feedback regarding this Anti-Spam and Compliance Policy or your responsibilities under this policy, please contact us at:

Email: [email protected]

Business Hours: Monday to Friday, 9am – 5pm, Melbourne time

13. More Information About Spam

For more information on your responsibilities regarding spam and how to comply with Australian regulations, we encourage you to visit the Australian Communications and Media Authority (ACMA) website. The ACMA provides detailed guidelines and resources on avoiding spam and complying with the Spam Act 2003.

You can find additional information here: ACMA - Avoid Sending Spam.