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SMS & EMAIL MARKETING TERMS

Last Updated: [Month Day, Year]

These SMS & Email Marketing Terms (“Terms”) describe how Alana Deluccia Swim (“we,” “us,” “our”) communicates with you through text messages and email.
By enrolling in SMS and/or email communications, you agree to these Terms.

Your consent to receive marketing communications is not a condition of purchase.


1. SMS (TEXT MESSAGE) TERMS

1.1 Opt-In Consent

By providing your mobile number on our Site, at checkout, or through any sign-up form, you agree to receive:

  • Automated marketing text messages
  • Promotions and exclusive offers
  • Restock alerts
  • Product launch notifications
  • Abandoned cart reminders
  • Transactional messages (order and shipping updates)

You consent to the use of an automated dialing system to send recurring messages to the number you provide.

Consent is not required to make a purchase.


1.2 Message Frequency & Rates

Message and data rates may apply. Message frequency varies.

Your mobile carrier is not responsible for delayed or undelivered messages.

Delivery of SMS messages depends on your wireless service and connection.


1.3 How to Opt Out

You may unsubscribe from SMS marketing at any time by texting:

STOP

After texting STOP:

  • You will no longer receive marketing texts
  • You may still receive necessary transactional messages (order updates, shipping notifications)


1.4 How to Get Help

For assistance, text:

HELP

Or email:

support@alanadeluccia.com


1.5 Eligibility

To participate in the SMS program, you must:

  • Be at least 18 years old
  • Be the owner or authorized user of the phone number enrolled
  • Have a wireless device capable of receiving SMS messages


1.6 Information We Collect for SMS

We may collect and store:

  • Your mobile number
  • Opt-in and opt-out records
  • Message content
  • Delivery status and interaction data
  • Device and carrier information

This information is used in accordance with our Privacy Policy.


1.7 Prohibited SMS Use

You agree not to:

  • Enroll numbers that you do not own
  • Use automated bots to engage with SMS systems
  • Attempt unauthorized access to SMS systems
  • Misuse or interfere with SMS technology


1.8 Carrier & Delivery Disclaimer

Wireless carriers (AT&T, Verizon, T-Mobile, etc.) are not liable for:

  • Delays in messages
  • Failed or undelivered messages
  • Duplicate messages

We are not responsible for:

  • Carrier outages
  • Technical limitations of devices
  • Network failures


1.9 Limitation of Liability for SMS

To the fullest extent permitted by law, Alana Deluccia LLC is not liable for:

  • Damages arising from failed message delivery
  • Reliance on SMS content
  • Unauthorized access to your devices or accounts

Your sole remedy is to discontinue participation in SMS messaging.


1.10 Changes to SMS Terms

We may modify SMS Terms at any time.
Updates become effective upon posting to this page.

Continued participation constitutes acceptance of updated Terms.


2. EMAIL MARKETING TERMS

2.1 Email Opt-In Consent

By providing your email address, creating an account, checking an opt-in box, or signing up through any form on our Site, you agree to receive:

  • Promotional emails
  • Product announcements
  • Exclusive offers
  • Cart reminders
  • Newsletters
  • Transactional emails (order confirmations, shipping updates)


2.2 How to Unsubscribe from Emails

You may unsubscribe at any time by clicking the “Unsubscribe” link at the bottom of any email or by contacting:

support@alanadeluccia.com

Unsubscribing from marketing emails does not affect transactional emails (order updates, shipping confirmations, etc.).


2.3 Information Collected for Email Marketing

We may collect:

  • Your email address
  • Email open rates
  • Link click behavior
  • Browsing behavior tied to email activity
  • Purchase activity
  • Device information

This helps us personalize content, improve performance, and refine marketing communication.


2.4 How Email Data Is Used

We use email engagement data to:

  • Provide personalized offers
  • Improve customer experience
  • Understand product interest
  • Optimize email performance

All email-related data is processed according to our Privacy Policy.


2.5 CAN-SPAM Compliance

We comply with the CAN-SPAM Act.

We will:

  • Not use misleading subject lines
  • Identify promotional emails
  • Include our mailing address
  • Allow clear and easy opt-outs
  • Process unsubscribe requests promptly


3. PRIVACY & DATA PROTECTION

SMS and email subscriber data is handled according to our Privacy Policy.
We do not sell phone numbers or email addresses to third parties.

Transactional and marketing messages may be sent through approved service providers such as:

  • Shopify
  • Klaviyo
  • Postscript
  • Attentive
  • SMSBump
  • Other email/SMS platforms

These providers use subscriber data strictly to deliver communication.


4. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Alana Deluccia LLC is not liable for:

  • Interruptions in SMS or email service
  • Losses caused by delayed or undelivered messages
  • Errors or inaccuracies in communication
  • Unauthorized access to your device or data


5. MODIFICATIONS TO THESE TERMS

We may update these Marketing Terms at any time.
Updates take effect immediately upon posting.

Your continued use of SMS or email subscriptions constitutes acceptance of revised terms.


6. CONTACT INFORMATION

For questions about SMS or email marketing:

Email: support@alanadeluccia.com
Mail:
Alana Deluccia LLC
4850 Tamiami Trail North
Naples, Florida 34103
United States