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Privacy Policy

To fully cover your liabilities related to the Privacy Policy Update and SMS Consent, you've taken great steps so far. Here's a final checklist to ensure complete compliance and risk mitigation:

1. Confirm Legal Compliance (Federal & State)

  • SC Residential Landlord Tenant Act: Ensure the 30-day notice aligns with the requirements under Section 27-40-310.
  • Telephone Consumer Protection Act (TCPA): Ensure your opt-in consent language is clear and affirmative (e.g., “By providing your number, you consent to receive text messages…”) and includes:
    • Clear opt-out instructions.
    • Message frequency disclosure.
    • “Message and data rates may apply” statement.

2. Documentation and Record-Keeping

  • Digital Consent Records: Ensure all webform submissions and lease addendums are stored securely for proof of consent.
  • Version Control: Keep a record of the effective date of the privacy policy and all updates made.
  • Retention Period: Retain records for a minimum of 3 years after the lease term ends to comply with industry standards.

3. Consistent Messaging Across Platforms

  • Privacy Policy Visibility: Ensure the updated Privacy Policy is:
    • Linked on the website footer.
    • Included in tenant portals.
    • Accessible from email communications.
  • Lease Consistency: Confirm the Lease Agreement, Exhibit A Fee Schedule, and RMA all reflect the same SMS consent language.

4. Staff Training & Internal Policies

  • Employee Training: Conduct a training session for all staff handling tenant communications on:
    • Proper use of SMS tools.
    • Handling opt-out requests.
    • Data privacy standards.
  • Written Policy: Document a Data Handling Policy internally that includes:
    • Who can access personal data.
    • How data is stored and protected.
    • How consent and opt-out requests are handled.

5. Third-Party Vendor Compliance

  • Service Providers: Confirm any third-party services (like CloudTalk or payment processors) are also:
    • Compliant with TCPA, SC laws, and Fair Housing standards.
    • Bound by data protection agreements (DPAs).
  • Review Contracts: Ensure vendor agreements include:
    • Data security requirements.
    • Liability clauses for data breaches.

6. Fair Housing Considerations

  • Ensure uniform application of the SMS policy to all tenants.
  • Avoid selective messaging based on protected classes to prevent disparate treatment claims under the Fair Housing Act.

7. Final Communication Step

  • Send a Follow-Up Confirmation Email after the 30-day window to remind tenants of the policy implementation.
  • Include a contact point for questions or concerns regarding the policy.

Next Steps for Complete Coverage:

  1. Confirm Legal Review: Consider a final legal review to ensure full compliance.
  2. Update Staff SOPs: Incorporate these policies into Standard Operating Procedures (SOPs).
  3. Test Webforms: Perform a test run on all webforms and SMS systems to confirm compliance features work as intended.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

https://www.oaktrustproperties.com
Last Edited on 2025