SMS Messaging Program 

1. Enrollment and Consent to Receive Messages

By providing your mobile telephone number to Tobios Commerce LLC (“Company,” “we,” “our,” or “us”) and affirmatively opting into our SMS program (including by checking a consent box, submitting a form, or otherwise providing electronic confirmation), you provide your prior express written consent to receive recurring automated text messages from Tobios Commerce LLC.

Such messages may include:

  • Marketing and promotional communications
  • Special offers and product announcements
  • Transactional messages
  • Order confirmations and shipping updates
  • Customer service notifications

You acknowledge and agree that:

  • Messages may be sent using an automatic telephone dialing system or other automated technology for the selection or dialing of numbers.
  • Your consent is not a condition of any purchase.
  • Consent may be withdrawn at any time as described below.

For users located in the European Union, consent is obtained in accordance with the General Data Protection Regulation (GDPR) and the ePrivacy Directive, and you may withdraw consent at any time without affecting the lawfulness of processing prior to withdrawal.

2. Message Frequency

Message frequency varies based on your interaction with our services. Marketing messages may be sent periodically. Transactional and order-related messages will be sent as necessary to fulfill your purchase or respond to service inquiries.

For users located in Florida, we will not send more than three (3) marketing messages to a subscriber within a 24-hour period, in compliance with applicable Florida law.

3. Time-of-Day Restrictions (U.S. Users)

For users located in the United States, marketing messages will only be sent between:

  • 8:00 AM and 9:00 PM local time.

as required by applicable federal and state law.

4. Opt-Out and Revocation of Consent

You may revoke consent to receive marketing SMS messages at any time by:

  • Replying STOP to any message;
  • Contacting us through our official customer support channels;
  • Using any other reasonable method clearly communicating your intent to withdraw consent.

Upon receipt of a valid opt-out request:

  • You will receive a confirmation message.
  • Marketing messages will cease within the timeframe required by applicable law.
  • We maintain and enforce an internal do-not-contact list in compliance with U.S. federal and Florida law.

Opting out of marketing messages does not automatically prevent us from sending non-marketing transactional messages, where legally permitted and necessary for order fulfillment or account management.

5. Age Representation

By enrolling in our SMS program, you represent and warrant that:

  • You are at least 18 years of age, or
  • You have obtained legally sufficient parental or guardian consent, where required by law.

We do not knowingly solicit personal information via SMS from individuals under the age of 13.

6. Data Protection and Privacy (EU and International Users)

For users located in the European Union:

  • Your phone number constitutes personal data under the GDPR.
  • SMS marketing communications are processed based on your explicit consent.
  • You have the right to withdraw consent, access your data, request erasure, restrict processing, or object to direct marketing at any time.
  • Withdrawal of consent will not affect prior lawful processing.

Your data will not be sold or transferred to third parties for their independent marketing purposes. We may share your number with authorized service providers strictly for the purpose of delivering SMS communications.

All processing is performed in accordance with applicable EU and international data protection laws.

7. Message and Data Rates; Carrier Disclaimer

Message and data rates may apply depending on your mobile carrier and service plan. Tobios Commerce LLC does not charge additional fees for SMS enrollment.

Delivery of messages is subject to effective transmission by your mobile carrier and network operator. We are not responsible for delayed or undelivered messages. 

Mobile carriers are not liable for delayed or undelivered messages.

8. Compliance with Applicable Laws

Our SMS program is intended to comply with:

  • The U.S. Telephone Consumer Protection Act (TCPA)
  • Applicable FCC regulations
  • The Florida Telephone Solicitation Act (FTSA)
  • The EU General Data Protection Regulation (GDPR)
  • The EU ePrivacy Directive
  • Other applicable consumer protection and electronic communications laws

We reserve the right to modify our SMS practices to remain compliant with evolving regulatory requirements.

9. Electronic Signature and Agreement

By submitting your phone number and affirmatively opting into the SMS program, you agree that your electronic action constitutes a legally binding electronic signature under applicable law, including the U.S. E-SIGN Act.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at info@tobioshop.com.

Tobios Commerce LLC

3833 Powerline Road, Ste 201

Fort Lauderdale, FL 33309, USA

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