Text Message Privacy Policy

Effective date: 10/07/26

Purpose

The purpose of this policy is to establish requirements for collecting, using, retaining, protecting, and disclosing information associated with SMU text message communications. It also explains how recipients may control the messages they receive.

Policy

Samuel Merritt University (“SMU” or the “University”) respects the privacy of individuals who participate in its text messaging programs. SMU collects and uses mobile telephone numbers, text messaging consent records, and related information only for authorized University purposes and in accordance with applicable law and University policy.

SMU does not sell, rent, share, or disclose mobile information—including SMS opt-in data and consent—to third parties or affiliates for their marketing or promotional purposes.

Scope

This policy applies to:

All SMU departments, schools, offices, employees, contractors, and authorized representatives that send text messages on behalf of the University
All University-sponsored SMS or MMS programs, including communications concerning admissions, enrollment, academics, events, campus services, reminders, outreach, and administration
All systems and service providers used to collect mobile numbers, document consent, or deliver University text messages

Emergency notification systems may be governed by additional University policies and legal requirements.

Definitions

Consent: A recipient’s voluntary agreement to receive text messages for the purpose disclosed when the recipient enrolls.
Mobile information: A mobile telephone number and associated information, including messaging preferences, message history, delivery data, and opt-in or opt-out records.
Promotional message: A message that advertises or promotes a University program, event, product, or service.
Service provider: An organization authorized by SMU to perform text messaging or related services on the University’s behalf.
Text message: An SMS, MMS, or similar message delivered to a mobile device.

Policy Requirements

Consent and Enrollment

SMU must obtain the consent or other authorization required for a text messaging program before sending messages. The enrollment notice must clearly identify SMU, describe the general purpose of the messages, and provide any disclosures required by law.

Consent to receive promotional text messages is not a condition of admission, enrollment, employment, or purchasing goods or services.

Message frequency may vary. Message and data rates may apply.

Collection and Use of Mobile Information

SMU may collect:

Mobile telephone numbers
Names and other information voluntarily provided by recipients
Opt-in, consent, and opt-out records
Message content, dates, and times
Delivery, response, and interaction information

SMU may use this information to:

Provide messages requested or authorized by the recipient
Respond to inquiries and requests for assistance
Administer University programs and services
Operate, secure, evaluate, and improve its text messaging programs
Document consent and opt-out activity
Comply with legal, regulatory, contractual, and recordkeeping obligations

Disclosure and Service Providers

SMU does not sell or rent mobile information.

Mobile information, including text messaging opt-in data and consent, will not be shared with third parties or affiliates for their marketing or promotional purposes. This restriction applies even when another University policy might otherwise permit information sharing.

SMU may provide mobile information to a service provider only when access is necessary to perform messaging services for the University. The service provider must be contractually restricted from using the information for its own marketing and must maintain appropriate privacy and security protections.

SMU may also disclose information when required by law or legal process; when reasonably necessary to protect the rights, safety, security, or property of SMU or others; or at the direction of the individual to whom the information relates.

Opt-Out Requests

A recipient may stop messages from an SMU text messaging program at any time by replying STOP. SMU may send one final message confirming the opt-out request. Recipients may reply HELP for assistance.

SMU must honor opt-out requests promptly and maintain appropriate records of those requests. Opting out of one text messaging program may not withdraw consent from another program for which the recipient enrolled separately.

SMU may continue to send non-promotional messages when permitted or required by law, including emergency or safety notifications.

Data Security and Retention

SMU will use reasonable administrative, technical, and physical safeguards designed to protect mobile information from unauthorized access, use, alteration, or disclosure.

Mobile information will be retained only as long as reasonably necessary to operate the applicable messaging program, document consent and opt-out requests, meet legitimate institutional needs, and satisfy legal or record-retention obligations.

Sensitive Information and Emergencies

Text messaging is not guaranteed to be secure. SMU personnel must not request or transmit passwords, Social Security numbers, financial account details, medical information, education records, or other sensitive information through ordinary text messages unless the University has approved a secure method and the communication complies with applicable policy and law.

SMU text messaging programs are not emergency response services. Individuals requiring immediate assistance should call 911 or the appropriate emergency service.

Carrier Disclaimer

Message delivery depends on the recipient’s device, wireless provider, and service coverage. Wireless carriers are not responsible for delayed or undelivered messages.

Responsibilities

[VERIFY: name of the responsible office]: Maintains this policy, provides implementation guidance, and coordinates periodic review.
University departments: Obtain appropriate approval before launching a messaging program; use approved systems; provide required disclosures; and ensure that messages remain within the scope of the recipient’s consent.
Information Technology Services: Establishes or approves applicable technical and security controls and supports authorized messaging platforms.
Procurement and contract owners: Ensure that messaging vendors are subject to appropriate privacy, security, confidentiality, and data-use terms.
Authorized message senders: Follow this policy, safeguard recipient information, and promptly address consent and opt-out requests.

Noncompliance

Failure to comply with this policy may result in suspension or termination of a text messaging program, restriction of system access, corrective action, or other consequences under applicable University policies, contracts, and law.