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This Acceptable Use Policy tells you what you can and cannot do when you use our Services in any possible
way.
If you have any questions about restrictions set out below, if you need to file a complaint or
wish to inform us of a breach of this Policy, please contact XIS at privacy@xis.be
with all the relevant details. Before we get into the dos and don’ts, there are some ground rules
that you should be aware of:
With no limitation to the following, your use of our Services, including the content of the
communications you send through us:
We provide you the tools… and some guidance too! We've put together a list of common mistakes to help you assess the legitimacy of your XIS application. If you do any of the following, DON’T!
Disregarding the applicable laws depending on which country you are sending messages to and from, restrictions apply. Use our support resources as guidelines and seek legitimate consultation elsewhere to make sure your SMS strategies comply with all the applicable laws. Our useful support pages will help you navigate through them. Here, you can find (almost) everything you need to know about each country we operate in. You can learn about number restrictions too. Again, this is not a legal advice; just a reminder that laws exist and (most likely) apply to you.
Using XIS numbers to provide emergency services (such as 911/112-type of communication We operate an IP-based phone service and not a traditional phone service. What we offer is not a replacement or a substitute for your landline. Users are not allowed to use XIS numbers and services for emergency services. Our services can be used to provide information during an emergency but not as means to contacting the emergency services themselves. Nevertheless, it is okay to send non-life threatening alerts and notifications, such as event cancellations and early warning alerts. In case of important notifications, XIS recommends to build redundancy by deploying different alert mechanisms like alarms and sirens, when possible.
Be (and only be) yourself. You should not fraudulently identify yourself when you send SMS messages to
end-users. Spoofing the Sender ID or otherwise attempting to send misleading messages to end-users in
respect to your true nature is never allowed.
It is a good practice to always identify your brand or
name in each message and to always retain evidence of prior (internal) authorization when/if you are
sending messages on behalf of third parties.
Sending unsolicited messages without prior consent.
You should only send SMS to recipients who have
explicitly opted in to your campaigns and are expecting
communication from you. Opt-in must be explicit. This means that you should not assume consent on the
basis of published and available contact details. If phone numbers are available on a website, that does
not give you permission to add them into your marketing lists without prior approval. Also, refrain from
buying third parties lists and from contacting end users on do-not-call or do- not-disturb registries.
There are no “totally cool and reliable lists of 1 million opt-in emails”. One more advice. Keep a
documentation of lawful opt-in consent. You might need it.
Violations of these provisions might result in deactivation and third party liability. Xtreme Internet Solutions actively makes sure that this practice is respected. You agree to our right to request opt-in proof, together with other relevant information such as the general purpose of your SMS campaign(s) and an SMS sample.
If you fail to provide evidence of confirmation of your recipients to have opted in for receiving these messages within 24 hours from the delivery of our request, XIS reserves the right to deactivate your account.
When this occurs, the purchased credits will be refunded. We will also block your account in case of complaints from any third-party and/or recipient/end user or where your behaviour is reasonably believed to violate our Terms of Use and this policy.
Do not spam. Do not spam. Do not spam. If they don’t reply, they’re not interested. That said, you should not send multiple, identical, and/or similar messages to the same destination/recipient. Be aware that some countries allow companies to use certain types of messages only during certain hours of the day.
SMS marketing strategies have a wide range of benefits. However, they have their own rules. Mass
marketing restrictions apply and vary from country to country. You can read more about Bulk SMS too.
In
the Netherlands, there are different requirements depending on whether you operate peer to peer (P2P) or
application to person (A2P) services. Operators in the US reserve the right to filter and block bulk
messages when using 10-digit numbers when sending those messages.
We do not support nor accept fraudulent activities. For example, collecting confidential information by
requesting responses via SMS without prior contact and/ or consent is not allowed. If you are an
end-user victim of a similar practice, you can report a violation here.
We will make sure to investigate
and take the appropriate steps to stop such behaviour without undue delay. We also recommend you to
bring your case before the relevant consumer protection authority in your jurisdiction.
Do not send pictures or texts that contain or promote or in any way potentially further illegal
activities or violate any applicable laws and/or accepted best practices which are likely to cause
offense to recipients.
Sending threats and any unwanted SMS messages is not allowed either. Engaging in
activities or transmitting through the Services any information that is libelous or defamatory or
otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion,
nationality, disability, sexual orientation or age is prohibited.
If you operate in the US, you may be subject to the HIPAA Privacy Rule, which provides federal guidelines
around covered entities and their business associates hold personally identifiable health information,
and patient rights with respect to that information.
HIPAA laws apply to ‘covered entities’; Xtreme
Internet Solutions is not a covered entity, nor does it identify as a ‘business associate’. Many
customers build their applications in a manner that is compliant with HIPAA rules while still using
CPaaS providers such as XIS as part of their workflows.
If customers have
questions about HIPAA compliance for their business, XIS recommends that they
consult their own legal counsel for guidance. This information is provided as a courtesy; it is not
intended to be comprehensive, nor does it replace official HIPAA standards. XIS
does not provide legal advice, and it is up to customers to ensure compliance with any local laws.
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