Malomo is building a best-in-class platform that is deeply integrated in the Shopify ecosystem. To offer the best experience to our customers, we rely on the members of our community to respect each other and their end users, and to adhere to best practices for marketing content.
Malomo is committed to complying with the Cellular Telecommunications and Internet Association (“CTIA”), carrier, and related state and federal laws and regulations that govern SMS/MMS messaging requirements. This Malomo Content Policy (“Content Policy”) outlines prohibited content. By using any Malomo product, service, application, or website, you are agreeing to this Content Policy. Malomo may update this Content Policy from time to time by posting an updated version to this website, and any updates will be effective upon posting. For clarity, the examples in this list are not exhaustive. If you violate this Content Policy, Malomo may refuse to provide service to you and your business or impose appropriate restrictions, limitations or compliance additions to the Malomo product(s) and/or service(s). While Malomo is not required to monitor its platform for compliance with this Content Policy, Malomo reserves the right to do so.
All Content (SMS, MMS, email, etc.)
This section of the Content Policy applies to the use of any product or service, including but not limited to SMS, MMS, and email, whether provided directly or indirectly by Malomo. By using any product or service provided by Malomo, you agree to this Content Policy.
The messaging, creatives, calls-to-action, and all other content of any Malomo program may not contain or promote the following content:
Pornographic or obscene content
Hate; Violence
Content that incites hatred against, promotes discrimination of, or disparages individuals or groups based on any of the following attributes: Age, Disability, Ethnicity, Gender Identity and Expression, Nationality, Race, Immigration Status, Religion, Sex/Gender, Sexual Orientation, Victims of a major violent event and their kin, Veteran Status
Depictions of violence or endorsements of violence against individuals or groups based on the attributes noted above, including threats of death or physical harm and also content that harms minors in any way.
Harassment, or any communications from groups deemed to be spreading hate or misinformation.
Libelous, defamatory, profane, or otherwise malicious or harmful speech.
Illegal Content
IP Infringement; Violation of Third-Party Rights
Content that infringes, violates, or misappropriates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Content that slanders, defames or libels.
Content that you do not have a right to make available under law, contract, or fiduciary relationship (such as inside information, proprietary, and confidential information).
The export, re-export, or transfer of restricted software, algorithms, or other data in violation of export control laws.
Protected Health Information:
Any Protected Health Information as defined by HIPAA (Health Insurance Portability and Accountability Act of 1996). This is information that “relates to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual.”
Sensitive Data
“Sensitive Data” means: (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
Fraudulent messages, deceptive marketing, malicious content (such as malware, viruses, or downloads from non-secure locations) or any content that is designated to intentionally evade filters.
Impersonation of any person or entity, or falsely stating or otherwise misrepresenting affiliation with a person or entity.
Posing as another service, including for the purpose of phishing or pharming.
Political campaigns or websites whose primary purpose is promoting or endorsing a political candidate.
SMS- and MMS-Only Prohibited Content
You may not use any Malomo SMS or MMS product, service, or website to solicit, display, store, process, send, transmit, or otherwise promote:
- SHAFT Content (sex, hate, alcohol, firearms, tobacco).
“Sex” includes adult or otherwise indecent, profane, inappropriate, pornographic, or obscene content.
“Hate” includes content that: (a) incites hatred against, promotes discrimination of, or disparages individuals or groups based on age, disability, ethnicity, sex, gender identity and expression, sexual orientation, nationality, race, immigration status, religion, medical condition, veteran status, or any other category recognized under applicable laws or reasonably determined by Malomo, (b) depicts violence or endorsements of violence against individuals or groups, (c) has the purpose of harassment or stalking, or any communications from groups deemed to be spreading hate or misinformation, or (d) is libelous, defamatory, profane, or otherwise malicious or harmful speech.
“Alcohol” includes beverages for which an individual is required to be 21+ in the US and non-alcoholic drinks that resemble alcohol in alignment with T-Mobile’s Code of Conduct (e.g. beer with 0% alcohol).
“Firearms” includes non-cooking knives, tasers, stun guns, swords, pepper spray, toy weapons that closely imitate the appearance of weapons and other weapons.
“Tobacco” includes all vaping products.
Gambling. Includes casino apps, gambling websites, and sports betting.
Illegal Content. Includes any content that: (a) endorses illegal or illicit drugs under local, state, or federal laws, including cannabis, CBD, cannabis derivatives (like Delta-8), hemp seed oil, hemp powder, and prescription drugs that cannot be sold over-the-counter, (b) relates to sales of goods or services in violation of applicable export control laws, or (c) is federally illegal or illegal in any of the 50 states.
Infringing Content. Includes any content that: (a) infringes, violates, or misappropriates any third-party right, including any intellectual property or privacy right, (b) slanders, defames, or libels a third party, or (c) you do not have a right to make available under law, contract, or fiduciary relationship, including proprietary and confidential information of a third party.
Sensitive Personal Data. Includes: (a) sensitive personal information as defined under the California Privacy Rights Act (CPRA) or other applicable laws, (b) personal health information as defined under the Health Insurance Portability and Accountability Act (HIPAA) or Health Information Technology for Economic and Clinical Health Act, (c) personal information of children as defined under the Children’s Online Privacy Protection Rule (COPPA) or similar applicable laws related to children’s privacy and data, (d) nonpublic personal information subject to the Gramm-Leach-Bliley Act (GLBA) or similar applicable laws related to financial privacy and data, or (e) government identifiers that uniquely identify a natural person such as a social security number or passport number.
Fraudulent and Malicious Content. Includes any content with the purpose of: (a) impersonating a person or entity, or falsely stating or otherwise misrepresenting affiliation with a person or entity, (b) phishing, pharming, or similar behavior, or (c) distributing viruses, spyware, malware, or other harmful software.
High Risk Financial Services. Includes payday lending, debt collection, third-party auto loans, third-party mortgage loans, student loans, loan services not from direct lenders, risk investment opportunities, short term high interest loans, cryptocurrency, and lead generation for any of these financial programs.
Debt Forgiveness. Includes debt consolidation, debt reduction, credit repair programs, and third-party debt collection.
Data Brokers. Includes content from any entity whose primary business is the sale of personal information.
Escort, Dating, and Adult Services. Includes (a) content promoting underage, non-consensual, or other illegal sexual themes, whether simulated or real, (b) content that may be interpreted as promoting a sexual act in exchange for compensation, (c) content promoting the sexual exploitation of minors, and (d) content that is made to appear appropriate for a family audience but contains adult themes, including sex, violence, vulgarity, or other depictions of children or popular children’s characters, that are unsuitable for a general audience.
Work Programs. Includes work-from-home programs (e.g. paid survey sites), “secret shoppers”, risk investment opportunities, pyramid schemes, and job alerts from third-party recruiting firms.
Political Campaign Content. Includes primarily political campaigns, endorsements, and solicitation of campaign donations.
Charitable Programs and Donations. Includes GoFundMe campaigns and non-profit or charitable organizations which solicit donations.
Malomo reserves the right to determine whether other categories of content are offensive or otherwise inappropriate at Malomo’s sole discretion.