1. INTRODUCTION

These TrackBack WhatsApp Messaging Terms of Service (“WhatsApp Terms”) govern the use of WhatsApp messaging features provided by 10ACT Ltd T/A TrackBack (“TrackBack”, “we”, “us”, “our”) as part of our services.

2. SERVICE OVERVIEW

TrackBack objectively measures lead follow-up and the quality of customer contact. We provide communication services, including telephone, email, SMS, and WhatsApp, through which we track contact activity and report on this activity in accordance with our customers’ requirements.  

As part of this service, we use WhatsApp Business to facilitate contact between our customers and their sales prospects.

WhatsApp is used solely as a communication channel and is not required to access core services unless explicitly stated.

3. ACCEPTABLE USE

Our WhatsApp messaging service:

You agree not to misuse the service or use it in a way that violates applicable laws or WhatsApp / Meta policies.

4. CONSENT AND OPT-OUT

We only send WhatsApp messages with prior user consent or where otherwise permitted by applicable law. You must obtain prior user consent before sending sales prospect contact information to TrackBack, including consent for WhatsApp communications.

TrackBack will also request consent from our customers’ sales prospects to receive WhatsApp messages for the purposes described in these WhatsApp Terms before a conversation can begin.

OPT-OUT:

TrackBack will provide the sales prospect the option to stop receiving WhatsApp messages at any time by replying STOP, or similar wording, which may be subject to change but will be communicated to the sales prospect when obtaining consent to begin a conversation. Once the sales prospect opts out, we will cease WhatsApp messaging unless they later re-subscribe.

Any conversation with the sales prospect will also end if no message is received from them within 24 hours. In this scenario, the customer may request further contact with the sales prospect, for which consent will be requested again, with the option to immediately cease further WhatsApp communication.

5. DATA AND PRIVACY

To provide WhatsApp messaging, we process limited personal data, which may include:

  • the sales prospect’s phone number,
  • message content you send or receive,
  • timestamps and basic message metadata.

This data is processed only for:

  • delivering WhatsApp communications,
  • customer support and service operation,
  • security, compliance, and record-keeping purposes.

We handle personal data in accordance with our Privacy Policy, which explains:

  • what data we collect,
  • how long it is retained,
  • how it is protected, and
  • how to exercise data protection rights, including requesting deletion (right to be forgotten).

Data retention is in line with our customers' contractual requirements and may be altered upon request via the usual support channels.

6. WHATSAPP AND META REFERENCE

Our service integrates with WhatsApp, which is operated by Meta Platforms, Inc. or its affiliates. Your use of WhatsApp itself is governed by Meta’s and WhatsApp’s own terms and policies, including:

We do not control WhatsApp’s platform and are not responsible for WhatsApp’s availability or functionality.

7. SECURITY AND AVAILABILITY

We take reasonable organisational and technical measures to protect personal data processed through our WhatsApp messaging service.

The service is provided on an “as available” basis. We do not guarantee uninterrupted or error-free delivery of messages, including where interruptions are caused by WhatsApp or third-party systems.

8. SUSPENSION AND TERMINATION

We may suspend or terminate access to our WhatsApp messaging service:

  • if required by law or WhatsApp / Meta policies,
  • if misuse, abuse, or unlawful activity is suspected,
  • if continued use poses a security or compliance risk.

The sales prospects may stop using the WhatsApp messaging service at any time by opting out. The TrackBack WhatsApp service may be terminated by our customer as per contractual requirements.