Effective Date: 12/10/24

At Kicks and Giggles we are committed to ensuring that our mobile messaging practices comply with all relevant laws and regulations to protect the privacy and interests of our customers. This Mobile Messaging Compliance Policy outlines the standards and guidelines for using mobile messaging (SMS, MMS) for marketing, communication, and customer service purposes, in accordance with federal and state laws.

1. Compliance with Legal Requirements

We adhere to all applicable federal and state laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA): We comply with the TCPA, which governs the use of automated and prerecorded messages, including text messages, to mobile phones. All mobile messages sent by [Your Business Name] will be in full compliance with these provisions.
• Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act: We follow the guidelines set forth in the CAN-SPAM Act, which includes giving recipients the ability to opt out of receiving further mobile messages from us.
• South Dakota Consumer Protection Laws: As a business based in South Dakota, we comply with local consumer protection regulations to ensure that our mobile messaging practices are transparent, fair, and non-deceptive.

2. Obtaining Consent

• Opt-In Requirement: Before sending promotional or marketing SMS or MMS messages, we will obtain explicit written or electronic consent (opt-in) from the recipient. Consent may be obtained through methods such as:
• Signing up on our website.
• Texting a keyword to a short code or phone number.
• Providing their phone number during a transaction or interaction with our business.
• Clear Disclosure: At the time of opt-in, recipients will be clearly informed about the types of messages they will receive – information on sales, promotions and new arrivals, the frequency of messages, and any potential costs. The opt-in process will include a link to our full Privacy Policy for additional transparency.

3. Opt-Out / Unsubscribe

• Easy Opt-Out Mechanism: All mobile messages will include a simple and clear opt-out mechanism, such as a reply option (e.g., “Reply STOP to unsubscribe”). When a recipient opts out, we will immediately stop sending them marketing messages.
• Opt-Out Confirmation: After a recipient opts out, we will send a confirmation message to acknowledge their request to stop receiving further messages. This confirmation will also include instructions for resubscribing, should they choose to do so in the future.

4. Message Frequency and Content

• Message Frequency: We will not send excessive or unwanted messages. The frequency of messages will be reasonable and consistent with the recipient’s expectations at the time of opt-in.
• Transactional Messages: These messages (e.g., order confirmations, shipping updates) may be sent as needed and are not subject to opt-out restrictions.
• Marketing Messages: Marketing messages will be limited in frequency to avoid overwhelming recipients. For example, promotional campaigns will be conducted on a weekly or monthly basis, unless otherwise agreed to by the recipient.
• Clear Message Content: Each message will clearly identify the sender and state the purpose of the communication. We will not send messages that are misleading, deceptive, or that could potentially confuse the recipient.

5. Data Privacy and Security

• Data Protection: We respect the privacy of our customers and ensure that all personal data (including phone numbers) is stored securely and used only for the purposes for which it was collected.
• Sensitive Information: We will not collect or store sensitive personal data (such as credit card information, etc.) through mobile messaging without proper encryption and consent.
• Third-Party Providers: If we use third-party service providers for mobile messaging services, we will ensure they comply with applicable privacy laws and maintain appropriate security standards to protect personal information.
• Data Retention: We will only retain mobile numbers and consent records for as long as necessary to fulfill the purposes for which they were collected or as required by law. Customers who opt out will have their mobile numbers removed from our messaging lists within a reasonable timeframe.

6. Customer Support and Inquiries

• Customer Support Availability: Customers can contact us for support regarding mobile messaging at any time.
• Dispute Resolution: Any complaints or issues related to mobile messaging can be directed to our customer service team, who will handle them promptly and professionally. If needed, we will escalate unresolved issues to the appropriate authorities.

7. Mobile Messaging for Service-Related Communication

• Transactional and Service Messages: Service-related messages (e.g., account updates, shipping notices) will be sent without prior opt-in consent where necessary for business purposes, provided they are directly related to the customer’s existing relationship with us. However, we will still offer an opt-out option for these messages, except where required by law or for urgent communications (e.g., fraud alerts).

8. Children’s Privacy

• Age Restrictions: We do not knowingly collect personal information from individuals under the age of 13 via mobile messaging. If we learn that we have inadvertently collected information from a child under 13, we will promptly delete that information.

9. Policy Updates

We may update this Mobile Messaging Compliance Policy from time to time. When changes are made, we will update the “Effective Date” and notify affected customers as necessary. It is your responsibility to review this policy periodically.

10. Contact Information

For questions or concerns regarding this policy or our mobile messaging practices, please contact us at:

Kicks and Giggles Baby LLC

329 Main St., Ste 3

Rapid City, SD 57701

605-343-8722

Hello at shop kicks and giggles dot com