Communication Consent Compliance Guide
Required for all tenants using SMS or Email notifications via the Oh/Jo platform.
TL;DRQuick Summary
- Explicit consent is required before sending any SMS or marketing emails
- Transactional emails (booking confirmations, etc.) do not require separate consent
- Users can opt out at any time - all opt-outs must be honored immediately
- Pre-checked consent boxes are strictly prohibited
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All tenants using Oh/Jo Tech's notification features MUST obtain explicit consent from each end user before sending communications. This applies to:
- SMS Notifications: Waitlist updates, booking confirmations, session alerts
- Marketing Emails: Newsletters, promotional content, facility announcements
- Push Notifications: App-based alerts and reminders
Transactional emails (booking confirmations, password resets, account notifications) are exempt from marketing consent requirements as they are necessary for service delivery.
Method 1: Verbal Opt-In (In-Person Check-In)
Staff must ask and record the user's response:
Would you like to receive SMS updates about your waitlist position or booking? You can opt out anytime by replying STOP. Your number will only be used for notifications related to your visit.
Log consent in the Oh/Jo system immediately after the user agrees.
Method 2: Digital Opt-In (App/Web)
Display an UNCHECKED checkbox with the following text:
[ ] I agree to receive SMS notifications about my reservations and waitlist status. Reply STOP to opt out anytime.
- Checkbox must be unchecked by default (no pre-checked boxes)
- Store the opt-in flag tied to the user's profile
Transactional Emails (No Separate Consent Required)
These emails are necessary for service delivery:
- Booking confirmations and reminders
- Waitlist position updates
- Account security notifications
- Password reset requests
- Receipt and payment confirmations
Marketing Emails (Explicit Consent Required)
Display an UNCHECKED checkbox with clear language:
[ ] I would like to receive promotional emails, newsletters, and special offers from [Facility Name]. I can unsubscribe at any time.
- Checkbox must be unchecked by default
- Separate from terms of service acceptance
- One-click unsubscribe link in every email
- 1Record WHO consented (name, contact information)
- 2Record WHEN consent was given (date/time with timezone)
- 3Record HOW consent was obtained (verbal, web form, app)
- 4Record WHAT they consented to (SMS, marketing email, or both)
- 5Only users with recorded consent may receive non-transactional communications
Users must be able to opt out at any time via:
- Replying STOP to any SMS message
- Clicking unsubscribe link in any email
- Adjusting notification preferences in-app
- Contacting facility staff directly
All opt-out requests must be honored within 24 hours for email and immediately for SMS. Continued messaging after opt-out is a serious compliance violation.
- Sending SMS or marketing emails without explicit consent
- Using pre-checked consent boxes
- Bundling marketing consent with terms of service
- Implying consent through inaction or silence
- Ignoring or delaying opt-out requests
- Re-adding opted-out users without new consent
- Sharing contact information with third parties for marketing
By using Oh/Jo Tech's communication features, you agree to:
- 1Follow all consent requirements outlined in this guide
- 2Maintain accurate consent records for all users
- 3Honor all opt-out requests immediately
- 4Use communications only for facility-related purposes
- 5Comply with CAN-SPAM, TCPA, GDPR, and other applicable regulations
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