SMS & Email Marketing Terms

Effective Date: July 2024

SMS Marketing Terms and Conditions

1. Introduction
  • By subscribing to our SMS marketing services, you agree to receive promotional messages and updates from Marktivity. These messages may include information about products, services, special offers, and other relevant content.
2. Compliance with the Telephone Consumer Protection Act (TCPA)
  • Our SMS marketing program complies with the Telephone Consumer Protection Act (TCPA) of 1991, as enforced by the Federal Communications Commission (FCC). This law regulates SMS marketing practices and aims to protect consumers from unsolicited messages.
3. Subscription and Consent
  • Opt-In: By providing your mobile number, you consent to receive SMS messages from Marktivity. You acknowledge that consent is not a condition of purchase.
  • Opt-Out: You can opt out of our SMS service at any time by texting "STOP" to our shortcode. Once you send "STOP," we'll confirm your unsubscription via SMS. After confirmation, you won't receive further messages from us. If you wish to rejoin, simply sign up again as before, and we’ll start sending SMS messages to you once more.
4. Message Frequency and Charges
  • Frequency: You will receive a maximum of 10 messages per month. Carriers are not liable for delayed or undelivered messages.
  • Charges: Standard message and data rates may apply according to your mobile carrier's plan. For questions about your text plan or data plan, contact your wireless provider.
5. Data Privacy
  • Data Collection: We collect and use your email address in accordance with our Privacy Policy.
  • Data Sharing: Your email address will not be shared with third parties without your consent, except as required by law.

6. Non-Compliance Penalties

  • Violation of Terms: Failure to comply with these terms may result in termination of your subscription and potential legal action.
  • Misuse: Any misuse of the SMS service, including spamming or unauthorized use, will result in penalties, including but not limited to fines and suspension of services.
  • Violations of TCPA regulations can result in significant fines ranging from $500 to $1,500 per text message per recipient. In addition, TCPA allows for class-action lawsuits, which can result in substantial penalties.
7. Changes to Terms
  • We may update these Terms and Conditions from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of our SMS services constitutes acceptance of any changes.
8. Contact Us
  • If you encounter any issues with the messaging program, reply with the keyword "HELP" for support, or contact us directly at [email protected] or (+1) 866-963-9742.

Email Marketing Terms and Conditions

1. Introduction
  • By subscribing to our email marketing list, you agree to receive promotional emails and updates from Marktivity. These emails may include information about products, services, special offers, and other relevant content.
2. Compliance with CAN-SPAM Act and GDPR
  • CAN-SPAM Act: Our email marketing program complies with the CAN-SPAM Act of 2003, which sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to opt-out of receiving emails, and provides penalties for violations.
  • GDPR: We also adhere to the General Data Protection Regulation (GDPR), which applies to individuals within the European Union and governs the collection, use, and storage of personal data.
3. Subscription and Consent
  • Opt-In: By providing your email address, you consent to receive marketing emails from Marktivity. Consent is not a condition of purchase.
  • Opt-Out: You may unsubscribe from our email list at any time by clicking the "unsubscribe" link at the bottom of any email or by contacting our customer service.
4. Email Frequency and Content
  • Frequency: We will send you a maximum of 10 emails per month.
  • Content: The content of our emails will be relevant to your interests and our products or services.
5. Data Privacy
  • Data Collection: We collect and use your email address in accordance with our Privacy Policy.
  • Data Sharing: Your email address will not be shared with third parties without your consent, except as required by law.
6. Non-Compliance Penalties
  • Violation of Terms: Failure to comply with these terms may result in removal from our email list and potential legal action.
  • Misuse: Any misuse of the email service, including spamming or unauthorized use, will result in penalties, including but not limited to fines and suspension of services.
  • CAN-SPAM Act: Violations of the CAN-SPAM Act can result in fines of up to $50,120 per email. Non-compliance can also lead to legal action and potential damages awarded in court.
  • GDPR: Individuals may be fined up to $1 million, while businesses could face penalties reaching up to $10 million. Additionally, individuals have the right to file private lawsuits against entities that breach the law.
7. Changes to Terms
  • We may update these Terms and Conditions from time to time. Any changes will be posted on this page with an updated effective date. Your continued use of our email services constitutes acceptance of any changes.

By subscribing to our SMS and email marketing program, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.









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