WhatsApp Plugin Privacy Policy & Terms

1. Introduction

Sell4Me ("we," "us," or "our") provides a WhatsApp integration plugin (the "WhatsApp Plugin") that enables sellers using our platform to communicate with their customers via WhatsApp Messenger. This document serves as both a Privacy Policy and Terms of Service specifically for the WhatsApp Plugin feature ("WhatsApp Services").

By enabling, installing, or using the WhatsApp Plugin through your Sell4Me store, you ("Seller," "you," or "your") agree to be bound by the terms and conditions set forth in this document. If you are a customer receiving messages through this plugin, this policy explains how your information is handled.

This policy applies exclusively to the WhatsApp Plugin and supplements our general Privacy Policy and Terms of Service. In the event of any conflict between this document and our general policies, this document shall govern with respect to the WhatsApp Services.

2. What the WhatsApp Plugin Does

The WhatsApp Plugin enables the following functionalities:

• Customer Communication: Allows sellers to send order updates, shipping notifications, payment confirmations, and promotional messages to customers via WhatsApp
• Two-Way Messaging: Enables customers to reply to messages, ask questions about products, and receive support
• Automated Notifications: Sends automated transactional messages triggered by events such as order placement, payment confirmation, and shipment dispatch
• Broadcast Messaging: Allows sellers to send promotional campaigns and announcements to opted-in customers
• Opt-In Management: Facilitates the collection and management of customer consent for WhatsApp communications

The WhatsApp Plugin integrates with the official WhatsApp Business API and complies with Meta's (formerly Facebook) WhatsApp Business messaging policies and requirements.

3. Information Collection Through WhatsApp

When you use the WhatsApp Plugin, we collect and process the following categories of information:

3.1 Information We Collect

• Phone Number: Your WhatsApp phone number used to send and receive messages
• WhatsApp Profile Information: Your WhatsApp profile name and profile picture, if available through the WhatsApp Business API
• Message Content: The content of all messages sent and received through the plugin, including text, images, documents, and other media
• Message Metadata: Timestamps, message status (sent, delivered, read), and message IDs
• Interaction Data: Whether you opened messages, clicked links, or engaged with content
• Order Information: Order numbers, product details, payment status, and shipping information linked to WhatsApp conversations
• Consent Records: Records of when and how you opted in to receive WhatsApp communications
• Device Information: Device type, operating system, and app version used to access WhatsApp

3.2 How We Collect Information

Information is collected through:

• Direct messages sent to sellers via WhatsApp
• Automated data synchronized between Sell4Me and the WhatsApp Business API
• Opt-in forms and consent collection checkpoints integrated into the store or checkout process
• Customer support interactions conducted through the WhatsApp channel
• Survey responses and feedback submitted via WhatsApp messaging

3.3 Information Shared with Meta/WhatsApp

When you use the WhatsApp Plugin, certain information is shared with Meta Platforms, Inc. (WhatsApp's parent company) as governed by Meta's Privacy Policy. This includes your phone number, device information, and message metadata. We encourage you to review WhatsApp's Privacy Policy for complete details on how Meta processes your data.

4. How We Use WhatsApp Data

We use the information collected through the WhatsApp Plugin for the following purposes:

• Order Communications: Sending order confirmations, shipping updates, delivery notifications, and payment receipts
• Customer Support: Responding to inquiries, resolving issues, and providing assistance related to orders or products
• Promotional Messaging: Sending offers, discounts, new product announcements, and marketing communications to customers who have opted in
• Transaction Processing: Verifying transactions, sharing payment links, and facilitating order-related communications
• Service Improvement: Analyzing message patterns, response times, and customer engagement to improve the WhatsApp Plugin and overall service
• Fraud Prevention: Detecting and preventing fraudulent activity, unauthorized transactions, and policy violations
• Legal Compliance: Maintaining records of communications for compliance with applicable laws and regulations
• Consent Verification: Tracking opt-in and opt-out requests to ensure compliance with messaging regulations

We do not use WhatsApp message content for advertising purposes, sell your WhatsApp data to third parties, or share message content with unauthorized parties.

5. Consent and Opt-In Requirements

Compliance with consent requirements is fundamental to our WhatsApp Services. We are committed to ensuring that all communications sent through the WhatsApp Plugin comply with applicable laws, including but not limited to the CAN-SPAM Act, GDPR, CCPA, and WhatsApp's Business and Commerce Policies.

5.1 Express Consent Requirement

Before sending any WhatsApp messages, sellers must obtain express, written consent from customers. Consent must be:

• Affirmative: Customers must take a clear, positive action to opt in (e.g., checking a box, submitting a form, or sending an opt-in keyword)
• Informed: Customers must be clearly told what types of messages they will receive, how often, and that they can opt out at any time
• Freely Given: Consent cannot be coerced or made a condition of purchase (except for transactional messages essential to fulfilling an order)
• Documented: The consent record must be stored, including the date, time, method of opt-in, and the exact language presented to the customer
• Specific: Consent must be specific to WhatsApp messaging and cannot be bundled with consent for other communications

5.2 Acceptable Opt-In Methods

The following methods of obtaining consent are acceptable when using the WhatsApp Plugin:

• Checkbox Opt-In: An unchecked checkbox on checkout or registration pages explicitly stating: "I agree to receive order updates and promotional messages via WhatsApp. Message and data rates may apply. You can opt out at any time."
• Keyword Opt-In: Customers send a specific keyword (e.g., "JOIN," "START," "YES") to a designated WhatsApp number
• Web Form Opt-In: A dedicated opt-in form on the seller's store with clear disclosure about message frequency and types
• In-App Opt-In: Consent collected through the Sell4Me mobile app with clear disclosure language
• QR Code Opt-In: Customers scan a QR code that directs them to a consent page with clear opt-in language

5.3 Implied Consent (Transactional Messaging)

For purely transactional messages (order confirmations, shipping updates, payment receipts), implied consent may apply in certain jurisdictions when the customer has an existing business relationship with the seller and the messages are directly related to a transaction. However, we strongly recommend obtaining express consent for ALL WhatsApp communications, including transactional messages, to ensure compliance across all jurisdictions.

Transactional messages are defined as messages that:

• Facilitate, complete, or confirm a transaction that the customer has previously agreed to
• Provide warranty, recall, safety, or security information about a product or service
• Provide notification regarding a change in the terms or features of a service
• Provide notification of a change in the customer's standing with respect to an account
• Deliver information about an existing account or transaction

5.4 Consent for Promotional Messaging

Promotional or marketing messages require separate, explicit opt-in consent that is independent of transactional messaging consent. Sellers must clearly distinguish between consent for transactional messages and consent for promotional messages. Customers must have the option to consent to one type without being required to consent to the other.

5.5 Consent Records and Audit Trail

The WhatsApp Plugin maintains a detailed audit trail of all consent records, including:

• Customer phone number
• Date and timestamp of opt-in
• Method of opt-in (checkbox, keyword, form, etc.)
• Exact language and disclosures presented at the time of opt-in
• IP address and device information at the time of opt-in
• Session ID and related transaction reference
• History of consent changes (opt-in, opt-out, re-opt-in)

Sellers are required to maintain these consent records for at least four (4) years or as required by applicable law.

6. Opt-Out and Right to Withdraw Consent

6.1 Right to Opt Out

Every recipient of WhatsApp messages through our Plugin has the absolute right to opt out of receiving communications at any time. Sellers must respect opt-out requests immediately and without condition.

6.2 Opt-Out Methods

Customers can opt out of WhatsApp communications through any of the following methods:

• Reply "STOP": Reply with the keyword "STOP," "CANCEL," "UNSUBSCRIBE," or "END" to any WhatsApp message received from a seller. The plugin will automatically process these keywords and unsubscribe the customer
• Opt-Out Link: Click an opt-out link provided in the footer of every promotional WhatsApp message
• Seller Request: Directly contact the seller and request to be removed from WhatsApp communications
• Sell4Me Support: Contact Sell4Me support at support@sell4me.com to request removal from all WhatsApp communications
• Account Settings: Adjust communication preferences in the Sell4Me app or store account settings

6.3 Mandatory Opt-Out Instructions in Messages

Every promotional WhatsApp message sent through the Plugin must include:

• A clear and conspicuous statement of who is sending the message
• Instructions on how to opt out (e.g., "Reply STOP to unsubscribe")
• A toll-free number or contact method for assistance, where required by law
• A disclosure that message and data rates may apply

Transactional messages should also include opt-out information, although some regulations exempt purely transactional messages from this requirement.

6.4 Processing Opt-Out Requests

Opt-out requests must be processed:

• Immediately: Automated opt-out keywords (STOP, UNSUBSCRIBE) are processed instantly by the Plugin
• Within 10 Business Days: Manual opt-out requests submitted through other channels
• No Further Messages: Once opted out, the customer must not receive any further WhatsApp messages from the seller, except for a single confirmation message that they have been unsubscribed

6.5 Confirmation of Opt-Out

Upon successful opt-out, the customer may receive one (1) confirmation message stating that they have been unsubscribed and will no longer receive messages. This confirmation must not include any promotional content. After this confirmation, no further messages shall be sent unless the customer re-opts in through an express, affirmative consent action.

6.6 Re-Opt-In After Opt-Out

A customer who has previously opted out may only be re-added to WhatsApp communications if they take a new, affirmative action to opt in. Prior consent is not valid after an opt-out request. Sellers may not re-opt-in customers without their express, fresh consent.

7. Message Frequency and Standards

7.1 Message Frequency Disclosure

Sellers must disclose the expected frequency of WhatsApp messages at the time of opt-in. Examples include:

• "You will receive up to 5 messages per month"
• "You will receive order updates for each purchase and occasional promotional offers (max 4 per month)"
• "Message frequency varies based on order activity"

If the actual message frequency changes significantly, sellers must notify customers and obtain renewed consent.

7.2 Message Timing Restrictions

To respect customer preferences and comply with regulations:

• Promotional messages should not be sent between 9:00 PM and 8:00 AM in the customer's local time zone
• Automated transactional messages are exempt from timing restrictions but should be used responsibly
• Sellers must maintain a reasonable frequency and avoid sending excessive messages
• Repeated opt-out requests from the same customer may result in the seller's WhatsApp messaging privileges being suspended

7.3 Message Content Standards

All WhatsApp messages sent through the Plugin must:

• Clearly identify the sender (the seller's business name)
• Accurately represent the purpose of the message
• Not contain false, misleading, or deceptive content
• Not promote illegal products or services
• Not contain sexually explicit, violent, or offensive content
• Comply with WhatsApp's Business and Commerce Policies
• Include a working opt-out mechanism
• Not be used for the transmission of malware, spam, or phishing attempts

8. Data Storage and Security

8.1 Data Storage

Message data and associated metadata collected through the WhatsApp Plugin are stored on secure servers. Specifically:

• Message content is stored encrypted at rest using AES-256 encryption
• Data is stored in secure, SOC 2-compliant data centers
• Backups are performed regularly and encrypted
• Access to message data is restricted to authorized personnel only
• Data is retained only as long as necessary for the purposes described in this policy

8.2 Data Security Measures

We implement the following security measures to protect WhatsApp Plugin data:

• End-to-end encryption for data in transit using TLS 1.3
• Encryption at rest with AES-256
• Strict access controls based on the principle of least privilege
• Multi-factor authentication for all administrative access
• Regular security audits and penetration testing
• 24/7 monitoring for unauthorized access attempts
• Automated threat detection and response systems
• Employee training on data privacy and security best practices
• Incident response plan with defined escalation procedures

8.3 WhatsApp Security

Messages transmitted via WhatsApp benefit from WhatsApp's end-to-end encryption. However, once messages are received and stored by the WhatsApp Business API, they may be accessible to Meta and to the seller. We are not responsible for the security practices of Meta/WhatsApp or the individual seller. We encourage you to review WhatsApp's Security Policy.

9. Data Retention and Deletion

9.1 Retention Periods

WhatsApp message data is retained for the following periods:

• Message Content: Retained for the duration of the customer relationship plus 90 days after the last interaction, unless a longer retention period is required by law
• Consent Records: Retained for at least 4 years after the last opt-in or opt-out event, or as required by applicable law
• Transactional Messages: Retained for 7 years for compliance with tax and financial record-keeping requirements
• Opt-Out Records: Retained permanently to ensure opt-out preferences are respected indefinitely
• Analytics Data: Aggregated and anonymized data may be retained indefinitely for analytical purposes

9.2 Data Deletion

Upon request or at the end of the retention period:

• Message content and associated metadata will be permanently deleted
• Consent records will be anonymized (retained only to demonstrate historical compliance without identifying the individual)
• Deleted data is purged from all systems, including backups, within 90 days
• Sellers may also delete individual customer conversation histories through the Plugin dashboard

9.3 Customer Right to Deletion

Customers have the right to request deletion of their WhatsApp conversation history and associated data at any time. To request deletion, customers should:

• Contact the seller directly, or
• Contact Sell4Me at support@sell4me.com with the phone number used for WhatsApp communications

Deletion requests will be processed within 30 days of verification, except where retention is required for legal or regulatory compliance.

10. Data Sharing and Third Parties

10.1 Data Sharing with Meta/WhatsApp

The WhatsApp Plugin operates through the WhatsApp Business API, which is provided by Meta Platforms, Inc. When you use the Plugin, the following data is necessarily shared with Meta:

• Your phone number and WhatsApp profile information
• Message content and metadata (subject to WhatsApp's end-to-end encryption)
• Device and connection information
• Usage data related to the WhatsApp Business API

Meta processes this data in accordance with its own Privacy Policy. We have no control over Meta's data handling practices.

10.2 Data Sharing with Sellers

When a customer communicates with a seller through the WhatsApp Plugin, the seller has access to:

• The customer's WhatsApp phone number
• WhatsApp profile name
• The content of messages exchanged through the Plugin
• Order information linked to the conversation

Sellers are independently responsible for their handling of customer data received through the WhatsApp Plugin and must comply with all applicable privacy laws. Sellers must not share, sell, or misuse customer WhatsApp data for purposes beyond those consented to by the customer.

10.3 Third-Party Service Providers

We may share WhatsApp data with trusted third-party service providers who assist us in operating the Plugin, including:

• Cloud infrastructure providers (hosting and storage)
• Analytics services (aggregated, anonymized data only)
• Customer support platforms
• Security and fraud detection services

These third parties are contractually bound to protect your data and may only use it for the specific services they provide to us.

10.4 No Sale of Data

We do not sell your WhatsApp data to any third parties. We do not share your WhatsApp data with third parties for their own marketing purposes without your explicit consent.

11. Your Rights

Depending on your jurisdiction, you may have the following rights regarding your WhatsApp data:

11.1 Right to Access

You have the right to request a copy of the WhatsApp data we hold about you, including message history, consent records, and metadata. We will provide this information in a portable, machine-readable format within 30 days of your verified request.

11.2 Right to Rectification

You have the right to request correction of inaccurate or incomplete data. Since most WhatsApp data is message-based, this typically applies to consent records and contact information.

11.3 Right to Deletion (Right to Be Forgotten)

You have the right to request deletion of your WhatsApp conversation history and associated data, subject to legal retention requirements. See Section 9 for details.

11.4 Right to Restrict Processing

You have the right to request restriction of processing of your WhatsApp data in certain circumstances, such as when you contest the accuracy of the data or object to processing.

11.5 Right to Data Portability

You have the right to receive your WhatsApp data in a structured, commonly used, machine-readable format and to transmit that data to another controller.

11.6 Right to Object

You have the right to object to the processing of your WhatsApp data for direct marketing purposes at any time. This is in addition to your right to opt out of WhatsApp communications.

11.7 Right to Withdraw Consent

You have the right to withdraw your consent to WhatsApp communications at any time, without affecting the lawfulness of processing based on consent before its withdrawal. See Section 6 for opt-out methods.

11.8 Right to Lodge a Complaint

If you believe your data protection rights have been violated, you have the right to lodge a complaint with your local data protection authority or regulatory body.

11.9 Exercising Your Rights

To exercise any of the above rights, please contact us at privacy@sell4me.com or support@sell4me.com. We will respond to your request within 30 days. We may need to verify your identity before processing your request.

12. GDPR Compliance (European Economic Area)

For users in the European Economic Area (EEA), the following additional provisions apply:

12.1 Lawful Basis for Processing

Our lawful bases for processing WhatsApp data under the GDPR are:

• Consent (Article 6(1)(a)): For sending promotional and marketing WhatsApp messages
• Contract (Article 6(1)(b)): For processing transactional messages related to orders and purchases
• Legal Obligation (Article 6(1)(c)): For maintaining consent records and complying with regulatory requirements
• Legitimate Interests (Article 6(1)(f)): For service improvement, fraud prevention, and security

12.2 Data Transfers Outside the EEA

WhatsApp data may be transferred to and processed in countries outside the EEA, including the United States. When such transfers occur, we ensure appropriate safeguards are in place, including:

• Standard Contractual Clauses (SCCs) approved by the European Commission
• Data Processing Agreements (DPAs) with all data processors
• Transfer Impact Assessments (TIAs) where required
• Compliance with the EU-US Data Privacy Framework, where applicable

12.3 Data Protection Officer

Our Data Protection Officer (DPO) can be contacted at dpo@sell4me.com. The DPO is responsible for overseeing compliance with data protection laws and handling data subject requests.

13. CCPA Compliance (California Residents)

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with additional rights regarding your WhatsApp data:

• Right to Know: You have the right to request disclosure of the categories and specific pieces of WhatsApp data we have collected about you
• Right to Delete: You have the right to request deletion of your WhatsApp data, subject to certain exceptions
• Right to Opt Out of Sale: We do not sell your WhatsApp data. However, you have the right to opt out of any future sale of your personal information
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights

To exercise your CCPA rights, please contact us at privacy@sell4me.com or call our toll-free number. We will verify your identity before processing your request. We aim to respond within 45 days of receiving a verifiable consumer request.

14. CTIA Compliance (US Carriers)

For WhatsApp messages sent to US phone numbers, the following CTIA (Cellular Telecommunications Industry Association) compliance requirements apply:

• Express Written Consent: Sellers must obtain express written consent before sending any WhatsApp messages to US numbers
• Clear Disclosure: At the time of opt-in, customers must be clearly informed of: the nature of the program, message frequency, that message and data rates may apply, and how to opt out
• Opt-Out Mechanism: A clear and working opt-out mechanism must be included in every message
• Opt-Out Confirmation: Upon opt-out, a single confirmation message may be sent confirming the opt-out request
• Consent Documentation: Sellers must maintain records of consent for at least 4 years
• Do Not Call (DNC) Compliance: Sellers must maintain internal do-not-contact lists and honor all opt-out requests

Sellers using the WhatsApp Plugin to communicate with US numbers are independently responsible for CTIA compliance. Failure to comply may result in suspension of WhatsApp messaging privileges.

15. CAN-SPAM Act Compliance

Although the CAN-SPAM Act primarily applies to email, its principles extend to commercial text messaging, including WhatsApp. Sellers using the WhatsApp Plugin must comply with the following requirements:

• Do not use false or misleading header information (sender identification)
• Do not use deceptive subject lines or message content
• Identify the message as an advertisement or promotional content where required
• Include a valid physical postal address in promotional messages
• Provide a clear, working opt-out mechanism in every message
• Honor opt-out requests promptly (within 10 business days)
• Monitor compliance of any third-party marketing services used

16. Seller Responsibilities and Obligations

Sellers who enable the WhatsApp Plugin on their Sell4Me store agree to the following terms and obligations:

16.1 Compliance

Sellers are solely responsible for ensuring their use of the WhatsApp Plugin complies with:

• All applicable laws and regulations governing electronic communications, including but not limited to the CAN-SPAM Act, TCPA, CTIA guidelines, GDPR, CCPA, and local privacy laws
• WhatsApp's Business and Commerce Policies, Terms of Service, and any applicable Meta policies
• Sell4Me's Terms of Service and Privacy Policy
• The terms and conditions set forth in this document

16.2 Consent Management

Sellers must:

• Implement appropriate consent collection mechanisms on their store or checkout pages
• Maintain accurate records of all customer consents
• Provide clear opt-out instructions in all promotional messages
• Honor opt-out requests immediately
• Not send messages to customers who have not provided valid consent
• Not purchase or import phone number lists for WhatsApp messaging

16.3 Message Content

Sellers agree that they will not use the WhatsApp Plugin to send:

• Spam, unsolicited messages, or bulk commercial messages without proper consent
• False, misleading, or deceptive content
• Messages promoting illegal products, substances, or activities
• Messages containing malware, viruses, or harmful code
• Phishing messages or attempts to obtain sensitive information fraudulently
• Harassing, threatening, or abusive content
• Content that infringes on the intellectual property rights of others

16.4 Data Protection

Sellers agree to:

• Protect customer data received through the WhatsApp Plugin
• Not share, sell, or misuse customer phone numbers or message content
• Implement appropriate security measures to protect customer data
• Respond to customer data requests (access, deletion, portability) promptly
• Notify Sell4Me immediately of any data breach involving WhatsApp Plugin data
• Comply with all applicable data protection laws

16.5 Consequences of Violation

Violation of these terms may result in:

• Suspension or termination of WhatsApp Plugin access
• Suspension or termination of the seller's Sell4Me account
• Legal action by affected parties or regulatory authorities
• Reporting to WhatsApp/Meta for violations of their policies
• Financial penalties and fines imposed by regulatory bodies
• Indemnification of Sell4Me for any losses resulting from the violation

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELL4ME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WHATSAPP PLUGIN, INCLUDING BUT NOT LIMITED TO:

• Unauthorized access to or alteration of WhatsApp message data
• Statements, messages, or conduct of any seller using the Plugin
• Interruptions or cessations of the WhatsApp Service
• Bugs, viruses, or other harmful code transmitted through the Plugin
• Any loss or damage incurred as a result of the use of the Plugin
• Actions taken by Meta/WhatsApp in connection with the Plugin

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE WHATSAPP PLUGIN SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE SELLER TO US FOR THE WHATSAPP PLUGIN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

18. Indemnification

Sellers agree to indemnify, defend, and hold harmless Sell4Me and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• The seller's use of the WhatsApp Plugin
• The seller's violation of this policy or any applicable laws
• The seller's messages sent through the WhatsApp Plugin
• The seller's collection or handling of customer consent
• Any data breach or security incident caused by the seller
• Claims by customers against the seller related to WhatsApp communications

19. Modifications and Termination

19.1 Modifications to This Policy

We reserve the right to modify this WhatsApp Plugin Privacy Policy & Terms at any time. Changes will be effective immediately upon posting. We will notify sellers of material changes via email and through the Sell4Me dashboard. Continued use of the WhatsApp Plugin after changes constitutes acceptance of the updated policy.

19.2 Termination of WhatsApp Services

We may suspend or terminate access to the WhatsApp Plugin at any time, with or without cause, and with or without notice. Upon termination:

• All WhatsApp messaging capabilities will be disabled
• Consent records will be retained for legal compliance purposes
• Message data will be retained according to the retention policies in Section 9
• Sellers are responsible for notifying their customers of the termination

19.3 Effect of Termination on Collected Data

Termination of the WhatsApp Plugin does not affect the data protection rights of customers whose data was collected while the Plugin was active. All data protection obligations under this policy and applicable laws continue to apply after termination.

20. Contact Information

If you have any questions, concerns, or requests regarding this WhatsApp Plugin Privacy Policy & Terms, please contact us:

For urgent compliance matters, please escalate to our legal team at legal@sell4me.com.