Retargeting Terms of Use

Policy

Retargeting Terms of Use (“RTOU”) describes actions that Goxee Dealer Corp. prohibits when any party uses the Goxee Dealer Texting Services. 

1. You may not use the Goxee Dealer services without agreeing to this RTOU. Thus, you agree not to use, and not to encourage or allow any User to use, the Goxee Dealer Services in the following prohibited ways:
2. Using the Goxee Dealer Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Goxee Dealer.
3. Attempting to bypass or break any security mechanism on any of the Goxee Dealer Services or using the Goxee Dealer Services in any other manner that poses a material security or service risk to Goxee Dealer or any of its other customers.
4. Reverse-engineering the Goxee Dealer Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
5. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Goxee Dealer Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Goxee Dealer Services.
6. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
7. Using the Goxee Dealer Services in any manner that causes a telecommunications provider to complain about your use to Goxee Dealer or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Goxee Dealer to you.
8. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act. You have the ability to add the word “STOP” in every message or Retargeting campaign, in any way in order to offer an unsubscribe option to your message recipients.
9. Using the Goxee Dealer Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
10. Using the Goxee Dealer Services in a manner that violates the Goxee Dealer Messaging Policy listed below.
11. Using the Goxee Dealer Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
12. Using the Goxee Dealer Services to engage in, or in connection with fraudulent activity.
13. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
14. Using the Goxee Dealer Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
15. Using the Goxee Dealer Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the Goxee Dealer Services to you and/or your phone numbers.
16. Using the Goxee Dealer Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
17. Using the Goxee Dealer Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Goxee Dealer reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected categories.
18. Using the Goxee Dealer Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
19. Creating a false identity or forged email address, header, phone number, or otherwise attempting to mislead others as to the sender's identity or the origin of a message or phone call.
20. Having a high volume of unanswered phone calls or phone calls that are too short in duration (i.e., phone calls generally less than twelve (12) seconds in length).

Phone Number Reclamation.

All phone numbers are subject to rules and restrictions imposed by telecommunications providers. In order to comply with such rules and restrictions, Goxee Dealer may, at its sole discretion, reclaim your phone numbers that do not have adequate usage, as determined by such telecommunications providers. Goxee Dealer, however, will use commercially reasonable efforts to (a) provide notice to you prior to any phone number reclamation and (b) to work with telecommunications providers to prevent the reclamation of any phone numbers.

Messaging Policy

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Goxee Dealer and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages--whether SMS, MMS, or chat--are sent with the consent of the message recipient and that those messages comply with local laws and measures of fairness and decency.

This principle is central to Goxee Dealer's Acceptable Retargeting Terms Of Use Policy.

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Goxee Dealer customers partner with us to map out that path.

Messaging Policy

We all expect that the messages we want to receive will reach us, unhindered by filtering or other blockers. An important step Goxee Dealer and our customers can take to make that expectation reality is to prevent and eliminate unwanted messages. Towards that end, we strive to work with our customers so that messages--whether SMS, MMS, or chat--are sent with the consent of the message recipient, and that those messages comply with local laws and measures of fairness and decency.

This principle is central to Goxee Dealer's Acceptable Retargeting Terms Of Use Policy.

Navigating the path to proper consent for message sending can be complex. We developed the Messaging Policy to help Goxee Dealer customers partner with us to map out that path.

What Is Proper Consent?

Consent can't be bought, sold, or exchanged. For example, you can't obtain the consent of message recipients by purchasing a phone list from another party.

Aside from two exceptions noted later in this section, we need to meet each of the consent requirements listed below.

Consent Requirements

• Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them - this is referred to as "consent", You must make clear to the individual they are agreeing to receive messages of the type you're going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
• If you do not send an initial message to that individual within 30 days of receiving consent, then you will need to reconfirm consent (see “Double Opt-in” below).
• The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can't treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.

Alternative Consent Requirements: The Two Exceptions

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent.

Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don't send messages that are outside that conversation.

Contact initiated by you to send informational content to an individual based on having a prior relationship

You may send an outbound message that provides information requested by the individual, or that can be reasonably expected by the individual based on your relationship. An example of such a relationship and message is a dealer reminding a lead of an upcoming test drive appointment.

The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.

The individual must have knowingly provided their phone number to you, and have taken some action to trigger the potential for communication. Actions can include a button press, setting up an alert, making an appointment, or placing an order.

NOTE: The alternative consent requirements cannot be used for promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes, independent of whether the individual initiates contact, or you have consent for informational content of the type noted above based on a prior relationship.

Identifying Yourself as the Sender

Every message you send must clearly identify you as the sender, except in follow-up messages of an ongoing conversation.

Message Recipient Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT. You can add this text to any message or Retargeting campaign you send manually. 

Individuals must also be able to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.

Periodic Messages and Ongoing Consent

In some cases, you may want to periodically send messages to an individual who earlier provided proper consent. This practice is allowed, provided that your message includes a reminder to the individual about how to unsubscribe. If you send more than one message in a given month, you need to include the reminder in just one of those messages--not in all of the messages that you send in that month.

You must respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent no less often than once every 18 months

Content We Do Not Allow

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Those content types include:

• Anything that’s illegal in the jurisdiction where the message recipient lives. For example, we do not allow messages related to the sale of recreational or medicinal cannabis in the United States, because United States federal laws prohibit its sale.
• Hate speech or harassment, or any communications from groups whose primary purpose is deemed to be spreading hate. You can find a fuller description of hate and other prohibited types of speech in Goxee Dealer's Acceptable Use Policy (AUP).
• Fraudulent messages.
• Malicious content, such as malware or viruses.
• Any content that is designed to intentionally evade filters.

How We Handle Violations

When we identify a violation of these principles, we work with customers in good faith to get them back into compliance. To protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to remove access to the Goxee Dealer platform for customers that we determine are not complying with the Messaging Policy, or who are not following the law in any applicable area.

Usage

Automated and CRM Retargeting uses phone minutes and text message credits from your Phone Plan. You can find your our your usage and sms / phone minute balances by visiting the Phone System. 

To view your Phone System plan or upgrade; Go to Integrations > Phone. If you run out of Text messages or phone minutes, your can view the additional fees by hovering over your Phone Plan in the upper right side drop-down arrow. 
One SMS message is considered any SMS message sent through the system (sent or received) which has less than 160 characters in length. Messages in excess of 160 characters, will require additional SMS credits to send/receive.

Example: Any message containing 320 characters constitutes two (2) SMS messages, and a message with 321 characters, would count as three (3) messages. Simply put, every 160 characters counts as one (1) SMS message.

Control

It is in your control which leads to send automated or direct SMS/MMS messages to or voice calls. You can control all system automations you have enabled by visiting Automations in the CRM. Please note that once a text message or voice call has been sent, it is not reversible.