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 SMS notifications from [Facility Name] via Oh/Jo about your waitlist and booking updates? Msg & data rates may apply. Msg frequency varies. Reply STOP to opt out, HELP for help.
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 from [Facility Name] via Oh/Jo Tech. Message & data rates may apply. Message frequency varies. Reply STOP to cancel, HELP for help. See Privacy Policy.
- 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
ALL opt-in methods (verbal and digital) must include every one of the following:
- Business or facility name identifying the sender
- "Message and data rates may apply"
- Message frequency (e.g. "Message frequency varies")
- STOP keyword for opt-out
- HELP keyword for assistance
- Reference or link to privacy policy
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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