This Acceptable Use Policy (AUP) applies to all use of 2CanTalks services, including services provided under the Master Services Agreement, an Order Form, or the Pilot and Sprint Terms of Service. The AUP is incorporated by reference into each of those agreements. Capitalised terms not defined here have the meanings given in the agreement under which the Services are provided.
1. Lawful basis and list hygiene
Client is solely responsible for the legality of the lists, data, and contacts it provides to 2CanTalks or directs Agents to target. Client warrants that, for each contact targeted: Client has a lawful basis to contact the person for the outreach directed; Client has scrubbed the list against applicable do-not-call, do-not-contact, and suppression registers; and any prior express written consent required by law has been obtained.
2. Prohibited outreach
Client will not use, and will not direct Agents to use, the Services to contact any person or promote any product, service, offer, or business that:
- Violates the US Telephone Consumer Protection Act, CAN-SPAM Act, state-level equivalents, the UK Privacy and Electronic Communications Regulations, the EU ePrivacy Directive, GDPR, or POPIA.
- Is directed to a person who has opted out, unsubscribed, registered on a do-not-call list applicable to that person, or otherwise revoked consent.
- Uses misleading or deceptive claims, false identification, or spoofed caller ID or sender information.
- Relates to firearms, ammunition, or weapons; tobacco, nicotine, or vapour products; cannabis or other controlled substances; gambling or betting services; payday loans or high-cost consumer credit; offensive weapons; or any product whose sale is restricted in the jurisdiction of the recipient, unless a compliance plan has been agreed in writing.
- Relates to adult content, escort services, pornography, or sexual services of any kind.
- Relates to cryptocurrency schemes, initial coin offerings, token sales, NFT drops, yield programmes, or any unregistered securities offering.
- Is a multi-level marketing programme, chain marketing scheme, pyramid scheme, matrix scheme, or other business model dependent on recruiting additional participants for compensation.
- Involves third-party debt collection, receivables purchase, or collections activity, unless Client is licensed to conduct such activity and has delivered evidence of licensure to 2CanTalks.
- Promotes illegal goods or services, counterfeit goods, or goods or services that infringe the intellectual property rights of a third party.
- Targets minors or is likely to be received primarily by minors.
3. Sanctions and restricted jurisdictions
Client will not use the Services to contact any individual or entity on a sanctions list maintained by the US Office of Foreign Assets Control (OFAC), the UK HM Treasury, the EU, or the UN. Client will not direct outreach to or from a person in a comprehensively sanctioned jurisdiction (at the date of this AUP: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions) without a separate written compliance plan.
4. Technical abuse
Client will not, and will not direct Agents to:
- Harvest, scrape, or otherwise collect contact information in violation of the terms of the source platform.
- Evade rate limits, DNC filters, or anti-abuse mechanisms of telephony or email providers.
- Use numbers, email domains, or sender identities that are not lawfully registered to Client or 2CanTalks.
- Deliberately spoof, mask, or manipulate caller ID, From-address, or other originator information in a misleading way.
- Transmit malicious code, phishing content, or attempts to obtain credentials or financial information under false pretences.
5. Conduct toward 2CanTalks personnel
Client and its personnel will treat 2CanTalks personnel professionally and lawfully. Harassment, abuse, intimidation, discriminatory conduct, or any conduct that creates a hostile working environment is a material breach of this AUP. 2CanTalks may terminate immediately and without liability on confirmed breach of this Section.
6. Data handling by Client
Client will not direct Agents to process personal data outside the scope of the applicable Order Form or the Data Processing Agreement (Schedule B to the MSA). Client will not direct Agents to copy, export, or forward personal data to any destination not expressly permitted under the engagement. Client will notify 2CanTalks promptly if Client becomes aware of a data breach affecting information shared with 2CanTalks.
7. Scripts, content, and claims
All scripts, content, and product claims used in outreach must be lawful, accurate, and free from misleading statements. Regulated industry claims (financial, health, legal) must be reviewed by Client’s counsel before deployment and must include required disclosures.
8. Reporting abuse
To report suspected abuse of 2CanTalks services, misuse of the Services by a Client, or harassment of 2CanTalks personnel, contact abuse@2cantalks.com. 2CanTalks will investigate promptly and will not disclose the reporter’s identity except as required by law.
9. Consequences of breach
On confirmed material breach of this AUP, 2CanTalks may: (a) suspend or terminate the Services immediately; (b) retain fees paid for the period already served; (c) pursue damages and fees as permitted under the applicable agreement; and (d) report the matter to a relevant authority where required by law. Material breach of this AUP is not a breach that entitles Client to any refund or fee reduction.
10. Updates to this AUP
2CanTalks may update this AUP from time to time. Updated versions will be published at www.2cantalks.com/acceptable-use with a new effective date. Client’s continued use of the Services after publication constitutes acceptance of the updated AUP.
Questions: legal@2cantalks.com.