Acceptable Use Policy

Last update June 9, 2024

This Acceptable Use Policy (“AUP”) describes the rules that apply to any party using any Hair Loss Marketing products and services. The AUP is incorporated by reference in your agreement with Hair Loss Marketing (whether Terms of Service or other). You understand that you are responsible for any of your users’ compliance with this AUP. The examples described in this AUP are not exhaustive. Inquiries regarding this policy should be directed to abuse@hairlossmarketing.com.

No Abuse
You may not use Hair Loss Marketing’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

• any activity or conduct that is likely to be in breach of any applicable laws, codes, or regulations, including data protection and privacy laws, digital harm laws, and laws relating to unsolicited commercial electronic messages or wireless communications;
• collecting or using information, including email addresses, screen names, or other identifiers, by deceit (such as phishing, Internet scamming, password robbery, spidering, and harvesting);
• unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• introducing intentionally, knowingly, or recklessly, any virus or other contaminating code into the Services;
• distributing software that covertly gathers or transmits information about a user;
• any conduct that is likely to result in retaliation against Hair Loss Marketing or its employees;
• any action that directly or indirectly results in any of our IP space being listed on any abuse database;
• conducting any gambling or lottery activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any applicable jurisdiction;
• any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Hair Loss Marketing; or
• any conduct that generates multiple direct abuse complaints for any sustained amount of time.

Anti-Spam Policy
You agree that your use of the Services is subject to Hair Loss Marketing’s Anti-Spam Policy and those terms are incorporated here by reference.

Without limiting the application of any other provisions of this AUP or the Anti-Spam Policy, with respect to any of the Services’ features or functionality, you may not:

• use the Services to verify the email address(es) of any person who has not directly and affirmatively consented (i.e., opted-in) to receiving email communications from you;
• use the Services to validate email addresses that were purchased, rented, or similarly obtained from a third party (i.e., third-party email lists);
• use the Services to harvest email addresses or otherwise determine the existence of unknown email addresses; or
• use the Services to send any electronic mail message or wireless communications to any person who has opted out or otherwise objected to receiving such messages from you or anyone acting on your behalf.

Compliance with Laws and Regulations
You must comply with the laws and regulations applicable to email or wireless communication in your jurisdiction and the jurisdiction in which the recipient is located. In addition to complying with such laws and regulations, you agree that the following shall be included in your electronic communications through the Services:

• you must be the sole or designated “sender” of any email message you send using the Services;
• the “from” line of any email message sent will accurately and in a non-deceptive manner identify you or your organization, product, or its services and you must not obscure the source of your emails;
• the “subject” line of any email message sent will not contain any deceptive or misleading content regarding the overall subject matter of the email message;
• every email message sent for marketing purposes using the Services must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list, and link to your then-current privacy policy, such link to remain operational for a period of 30 days after the date the message is sent;
• in the event “unsubscribe” is selected, you must be clear with the individual as to the details of the unsubscribe and in the event you cannot or do not provide a detailed preference center, you must unsubscribe them from all channels and projects;
• you must have a privacy policy posted for each domain associated with the mailing;
• you must post an email address for complaints in a conspicuous place, you must promptly respond to messages sent to that address, and you must have the means to track anonymous complaints;
• your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure; and
• you must honor revocations of consent and notify recipients of the same.

You must comply with the laws and regulations applicable to messages—whether SMS, MMS, or chat—in your jurisdiction and the jurisdiction in which the recipient is located. In addition to complying with such laws and regulations, you agree that the following shall be applicable to your messages sent through the Services:

• you have received proper and all necessary consent to be able to send a message to a recipient, 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 (e.g., form signed, message signed, timestamp of completed signup flow);
• you understand that consent applies only to you and the specific use, project, or channel that the recipient has consented to—you can’t treat consent as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns;
• you must respect the message recipient’s preferences in terms of frequency of contact;
• every message you send must clearly identify you as the sender;
• messages must include the ability to opt-out and recipients must also have the ability to revoke consent at any time by replying with a standard opt-out keyword;
• you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located; and
• you also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards.

These policies apply to any messages (email, wireless communication, SMS, MMS, etc.) sent using the Services, or, if applicable, to any messages sent from any network by you or any person on your behalf that directly or indirectly via the Services. These requirements apply to distribution lists created by third parties to the same extent as if you created the list. You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions.

HIPAA Compliance

If you are using Hair Loss Marketing’s Services to store, process, or transmit any Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA), you must ensure that your use of the Services complies with all applicable HIPAA regulations, including but not limited to:

• Data Protection: Implement appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of all PHI.
• Access Controls: Ensure that only authorized individuals have access to PHI and that all accesses are appropriately logged and monitored.
• Encryption: Encrypt PHI during transmission and at rest to protect against unauthorized access.
• Business Associate Agreement (BAA): If required by HIPAA, enter into a Business Associate Agreement with Hair Loss Marketing before using the Services to handle PHI.
• Incident Response: Establish and implement policies and procedures for responding to security incidents and breaches involving PHI, including timely notification to Hair Loss Marketing in the event of a breach.
• Training: Ensure that all personnel who have access to PHI are trained on HIPAA compliance requirements and the proper handling of PHI.

Failure to comply with HIPAA regulations while using Hair Loss Marketing’s Services may result in suspension or termination of your use of the Services. Hair Loss Marketing reserves the right to take any action deemed necessary to ensure compliance with HIPAA and to protect the privacy and security of PHI.

A2P 10DLC Compliance

If you are using Hair Loss Marketing’s Services to send Application-to-Person (A2P) messages via 10-digit long code (10DLC) phone numbers, you must ensure compliance with the A2P 10DLC regulations. This includes:

• Registration: Register your brand and messaging campaigns with The Campaign Registry (TCR) as required by A2P 10DLC standards. This includes Brand Registration and Campaign Registration.
• Compliance: Ensure that your messaging content complies with the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, and other relevant regulations.
• Opt-In: Obtain explicit consent from recipients before sending messages. Maintain records of this consent.
• Opt-Out: Provide clear and easy methods for recipients to opt-out of receiving messages. Honor all opt-out requests promptly.
• Message Content: Ensure that all messages are truthful, not misleading, and comply with all relevant laws and guidelines.
• Monitoring and Reporting: Monitor your messaging activities to ensure compliance with A2P 10DLC regulations. Report any breaches or issues promptly.

Failure to comply with A2P 10DLC regulations may result in suspension or termination of your use of the Services. Non-compliance can also lead to fines and penalties imposed by mobile carriers.

Use Guidelines Your use of Hair Loss Marketing Services is subject to the following:

• you will not use the Services to send unsolicited electronic or wireless communications (“spam”);
• you will not use the Services to host content, including images and documents, that infringe on the intellectual