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Application-to-Person Messaging Compliance

A2P SMS Privacy & Security Policy

Elite Brand Builders and EliteOS — A DBA of HealthBeat 365 Inc.

Effective Date: April 13, 2025Last Updated: April 13, 2025
Elite Brand Builders and EliteOS — A DBA of HealthBeat 365 Inc.
725 N Kirkwood Rd., Kirkwood, MO 63122314-720-3038elitebrandbuilders.com

1. PURPOSE AND SCOPE

This A2P SMS Privacy and Security Policy ("A2P Policy") establishes the standards and procedures by which Elite Brand Builders and EliteOS, a registered DBA of HealthBeat 365 Inc. ("Company"), conducts Application-to-Person (A2P) text message and voice communications. This policy is designed to ensure full compliance with The Campaign Registry (TCR), CTIA Messaging Principles and Best Practices, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, FCC regulations, and all applicable wireless carrier requirements.

This policy applies to all SMS campaigns, automated voice calls, and related messaging initiated by or on behalf of the Company.

2. MESSAGING USE CASES

The Company operates the following registered A2P messaging use cases:

2.1 Appointment Reminders

Automated SMS messages sent to opted-in users to confirm, remind, or reschedule appointments and service engagements.

Sample message: "Hi [Name], this is a reminder of your appointment with Elite Brand Builders and EliteOS on [Date] at [Time]. Reply STOP to opt out."

2.2 Transactional Alerts

Messages triggered by account activity including payment confirmations, order updates, access credentials, and security notifications.

Sample message: "Your Elite Brand Builders / EliteOS account has been updated. If you did not make this change, call 314-720-3038. Reply STOP to opt out."

2.3 Marketing and Promotional

Outbound promotional messages sent only to users who have provided explicit prior written consent to receive marketing communications.

Sample message: "Special offer from Elite Brand Builders! [Offer details]. Reply STOP to opt out. Msg&Data rates may apply."

2.4 Customer Support (Two-Way Messaging)

Interactive two-way SMS to facilitate customer service inquiries, feedback, and issue resolution.

Sample message: "Hi from the Elite Brand Builders support team. How can we help you today? Reply STOP to end messages."

3. OPT-IN PROCEDURES

The Company obtains explicit, documented consent prior to sending any A2P messages. Consent is collected through one or more of the following methods:

3.1 Web Opt-In (Online Form)

Users complete an opt-in form at https://elitebrandbuilders.com/ that includes:

  • A clearly labeled phone number field
  • An unchecked checkbox with disclosure language such as: "By checking this box, I agree to receive text messages and/or calls from Elite Brand Builders and EliteOS (HealthBeat 365 Inc.) including appointment reminders, transactional alerts, and marketing messages. Message frequency varies. Message & Data rates may apply. Reply STOP to opt out, HELP for assistance."
  • A link to this A2P Policy and to the full Privacy Policy

3.2 Verbal / In-Person Opt-In

  • Verbal consent is documented with a timestamp, representative name, and confirmation SMS sent to the user
  • Representative scripts include all required disclosures

3.3 SMS Keyword Opt-In

  • Users may text a keyword (e.g., JOIN or START) to our number to opt in
  • An auto-reply confirmation is immediately sent with program description, frequency, opt-out instructions, and HELP info

3.4 Double Opt-In (Where Required)

For marketing campaigns, we employ a double opt-in process where the user's subscription is confirmed via a follow-up confirmation message prior to any campaign messages being sent.

4. REQUIRED MESSAGE DISCLOSURES

All outbound A2P messages include or are associated with the following required disclosures:

  • Company identification: Messages clearly identify Elite Brand Builders / EliteOS as the sender
  • Opt-out instruction: Every message includes "Reply STOP to opt out" or equivalent language
  • HELP instruction: Users may reply HELP to receive support contact information
  • Rate disclosure: Opt-in confirmations include "Msg & Data rates may apply"
  • Frequency disclosure: Opt-in confirmation states approximate message frequency

5. OPT-OUT AND HONOR PROCEDURES

5.1 Universal Opt-Out Keywords

The Company's messaging system honors all standard opt-out keywords in compliance with CTIA requirements:

STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT – immediately removes user from all marketing lists

5.2 Processing Time

Opt-out requests are processed within 24 hours. Users who opt out will receive a single final confirmation message acknowledging their request, then no further marketing messages.

5.3 Transactional Exceptions

Users who opt out of marketing communications may still receive legally required or service-critical transactional messages (e.g., appointment confirmations, account security alerts) as permitted under TCPA and carrier guidelines, unless they expressly request complete messaging cessation.

5.4 HELP Response

When a user texts HELP, the automated response will include: "Elite Brand Builders and EliteOS: For help, call 314-720-3038 or visit https://elitebrandbuilders.com/. Reply STOP to opt out."

6. DATA PRIVACY FOR SMS COMMUNICATIONS

6.1 Data Collected

In connection with A2P messaging, we collect and store:

  • Mobile phone numbers (opt-in numbers only)
  • Opt-in source, date, time, and method
  • Message logs including send/delivery/read status
  • Opt-out records and timestamps
  • Consent confirmation records

6.2 No Sale or Sharing of Phone Numbers

The Company does not sell, rent, trade, or share subscriber phone numbers with any third party for their own marketing or solicitation purposes. Phone numbers are used exclusively to deliver the services described in this policy.

6.3 Third-Party SMS Providers

The Company may utilize registered third-party SMS aggregators or CPaaS providers (e.g., Twilio, Bandwidth, Sinch) to deliver messages. These providers are contractually bound to CTIA compliance standards and are prohibited from using subscriber data for any purpose other than message delivery.

6.4 Retention

Consent records and opt-out records are retained for a minimum of four (4) years to support legal compliance and audit requirements. Message logs are retained for a minimum of two (2) years.

7. SECURITY MEASURES

7.1 Technical Safeguards

  • All subscriber data is stored in encrypted databases using AES-256 encryption at rest
  • Data transmission is protected by TLS 1.2 or higher encryption in transit
  • Access to messaging systems and subscriber databases is restricted by role-based access controls (RBAC)
  • Multi-factor authentication (MFA) is required for all administrative access
  • Regular security audits and penetration testing are conducted

7.2 Organizational Safeguards

  • Employees with access to subscriber data receive annual privacy and security training
  • Access is granted on a least-privilege basis
  • Contractor and vendor agreements include data security and confidentiality provisions

7.3 Incident Response

In the event of a data breach involving subscriber phone numbers or messaging data, the Company will:

  • Contain and investigate the incident within 72 hours
  • Notify affected users in accordance with applicable state breach notification laws
  • Report to relevant carriers and TCR if required
  • Document the incident and remediation actions taken

8. CARRIER COMPLIANCE AND CAMPAIGN REGISTRATION

8.1 TCR Registration

The Company registers all A2P messaging campaigns through The Campaign Registry (TCR) and maintains current registrations for all active use cases. Campaign details accurately reflect message content, opt-in methods, and sample messages.

8.2 Prohibited Content

The Company's messaging campaigns do not include content related to:

  • SHAFT categories: Sex, Hate, Alcohol, Firearms, Tobacco (including cannabis)
  • Phishing, malware, or deceptive content
  • Illegal goods or services
  • High-risk financial services (payday loans, cryptocurrency solicitation)

8.3 Message Volume and Throughput

The Company operates within carrier-approved throughput limits for its registered campaigns. Message volume spikes are coordinated with our SMS provider to ensure compliant delivery.

8.4 Number Vetting

All phone numbers used for outbound A2P messaging are registered, vetted, and maintained in accordance with carrier requirements. The Company does not use shared short codes for campaigns requiring dedicated sender identification.

9. TCPA AND REGULATORY COMPLIANCE

  • The Company obtains prior express written consent before sending any marketing or promotional SMS or calls using automated technology
  • Calling hours are restricted to 8:00 AM – 9:00 PM in the recipient's local time zone, as required by TCPA
  • The Company maintains an internal Do-Not-Call (DNC) list and honors the National DNC Registry
  • Abandoned call rates are monitored and maintained within FCC-permitted thresholds
  • All calling and texting activities are logged for compliance documentation

10. POLICY GOVERNANCE AND UPDATES

This A2P Policy is reviewed and updated at least annually, or more frequently when required by changes in carrier guidelines, TCR requirements, or applicable law. The Company's designated compliance contact is responsible for maintaining current registrations, monitoring regulatory updates, and training staff.

11. CONTACT FOR COMPLIANCE INQUIRIES

For questions regarding this A2P Policy, to exercise opt-out rights, or to report a compliance concern:

Elite Brand Builders and EliteOS – Compliance Department

A DBA of HealthBeat 365 Inc.

📍 725 N Kirkwood Rd., Kirkwood, MO 63122

📞 Business Phone: 314-720-3038

👤 Compliance Contact: Keith Mette

📱 Direct Line: 314-575-1920

🌐 Website: https://elitebrandbuilders.com/

This policy is incorporated by reference into Elite Brand Builders and EliteOS's Privacy Policy and Terms of Service.

© 2025 HealthBeat 365 Inc. DBA Elite Brand Builders and EliteOS. All rights reserved.