1. Introduction

1.1 This Acceptable Use Policy (as updated from time to time) is incorporated into our Agreement pursuant to the Terms and Conditions. It governs how the Customer and Authorised Affiliates may access and use the Services.

1.2 Defined terms in this Acceptable Use Policy shall have the meaning given in the Terms and Conditions as applied by our Agreement and the same rules of interpretation apply. In addition, in this Acceptable Use Policy the following definitions have the meanings given below:

Terms and Conditions – means the latest version of the document available at https://www.wealert.co.uk/terms as Updated from time to time; and
Virus – means any virus, disabling code (including code intended to limit or prevent any use any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware).

1.3 The Customer and Authorised Affiliates are only permitted to use and access the Services for the Permitted Purpose as defined in our Agreement and in accordance with its terms. Use of the Services (or any part) in any other way, including in contravention of any restriction on use set out in this Acceptable Use Policy, is not permitted. If any person does not agree with the terms of this Acceptable Use Policy, they may not use the Services.

2. Restrictions on use

2.1 As a condition of use of the Services, the Customer (on its own behalf and on behalf of Authorised Affiliates and Authorised Users) and each Authorised User agrees not to use the Services nor permit them to be used:

2.1.1 for any purpose that is unlawful under any applicable law or prohibited by this Acceptable Use Policy or our Agreement;

2.1.2 to commit any act of fraud;

2.1.3 to distribute any Virus;

2.1.4 for purposes of promoting unsolicited advertising or sending spam;

2.1.5 to simulate communications from the Supplier or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

2.1.6 in any manner that disrupts the operations, business, equipment, websites or systems of the Supplier or any other person or entity (including any denial of service and similar attacks);

2.1.7 in any manner that harms or may endanger minors or any other person;

2.1.8 in connection with any service, use or purpose where the failure of the Services (or any part) may endanger the health or life of any person or cause damage or loss to any tangible property or the environment;

2.1.9 to promote any unlawful activity;

2.1.10 to represent or suggest that the Supplier endorses any other business, product or service unless the Supplier has separately agreed to do so in writing;

2.1.11 to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;

2.1.12 in any manner which may impair any other person’s use of the Services or use of any other services provided by the Supplier to any other person;

2.1.13 to attempt to circumvent any security controls or mechanisms;

2.1.14 to attempt to circumvent any password or user authentication methods of any person;

2.1.15 in any manner inconsistent with our Agreement or with the relevant User Manual or other instructions provided by the Supplier from time to time; or

2.1.16 in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in our Agreement.

3. Customer Data and Communication Standards

3.1 Any Customer Data or communication made on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in the Supplier’s discretion, acting reasonably. In particular, the Customer warrants and undertakes that any Customer Data and each such communication shall at all times be:

3.1.1 submitted lawfully and without infringement of any Intellectual Property Rights of any person;

3.1.2 free of any Virus (at the point of entering the Subscribed Service or Supplier’s systems);

3.1.3 factually accurate;

3.1.4 provided with the necessary consent of any third party;

3.1.5 not defamatory or likely to give rise to an allegation of defamation;

3.1.6 not obscene, seditious, vulgar, pornographic, sexually explicit, discriminatory or deceptive;

3.1.7 not abusive, threatening, offensive, harassing or invasive of privacy;

3.1.8 not racist, sexist or xenophobic;

3.1.9 not liable to offend religious sentiments or deeply held beliefs; and

3.1.10 unlikely to cause offence, embarrassment or annoyance to any person.

4. What kind of mobile numbers are OK to send to?

To send an SMS you must have clearly or implicitly obtained their permission. This could be done through:

• An SMS subscribe form on your web site.

• Our opt-in page that is provided to you.

• An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.

• If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by SMS AND they ticked a box indicating they would like you to contact them.

• Customers who have purchased from you within the last 2 years.

• If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by SMS about that specific topic.

Basically, you can only ever SMS anyone who has clearly given you permission to SMS them specifically about the subject you’re contacting them about.

5. What kind of mobile numbers are NOT OK to send to?

Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using WeAlert, you agree not to import or send to any email address which:

• You do not have explicit, provable permission to contact in relation to the topic of the SMS you’re sending.

• You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.

• You haven’t contacted via SMS in the last 2 years. Permission doesn’t age well and these people have either changed mobile numbers or won’t remember giving their permission in the first place.

• You scraped or copy and pasted from the web. Just because people publish their mobile numbers doesn’t mean they want to hear from you.

6. What content do I have to include in my SMS?

Every SMS you send using WeAlert must include at least one of the following:

• A opt-out mechanism that instantly removes the subscriber from your list. Once they unsubscribe, you can never SMS them again.

• The name or number of the sender. If you’re sending an SMS for your client, you’ll need to include your client’s details instead.

If we do discover that you’re SMS messaging people without their permission, we will terminate your account with WeAlert immediately.

If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us.

Contact

Legal enquiries: legal@wealert.co.uk
Support: support@wealert.co.uk