Mountainside Fitness
Candidate SMS / Text Messaging Privacy Policy
This Candidate SMS/Text Messaging Privacy Policy ("Policy") describes how Mountainside Fitness ("we," "us," or "our") collects, uses, and protects personal information when communicating with job applicants and candidates via text message (SMS/MMS) through our Applicant Tracking System (ATS) platform.
This Policy applies to all candidates who have provided a mobile phone number and consented to receive text messages from us in connection with their application, interview process, or related recruitment activities.
In accordance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, we will only send automated or pre-recorded text messages to candidates who have provided prior express written consent. Specifically:
• Candidates provide consent by checking an opt-in box on our application form or ATS portal, which clearly states they agree to receive text messages from us regarding their application.
• Consent language is presented separately from other terms and conditions and is not a condition of applying for employment.
• We retain a timestamped, auditable record of each candidate's consent in our ATS, including the date, method, and exact language presented at the time of opt-in.
The following or substantially similar language is displayed to candidates at the point of consent:
"By checking this box, I consent to receive automated text messages from [Company Name] at the mobile number provided regarding my job application, interview scheduling, and hiring process. Message and data rates may apply. Message frequency varies. Reply STOP to opt out at any time. Reply HELP for help. Consent is not a condition of employment."
We send text messages solely for legitimate recruiting and hiring purposes, which may include:
• Application status updates (e.g., received, under review, moved forward)
• Interview scheduling, confirmations, reminders, and rescheduling requests
• Requests for additional information or documentation
• Offer notifications and next-step instructions
• Onboarding preparation reminders
• Time-sensitive communications where email may be delayed
We do not send marketing, promotional, or unsolicited commercial messages via text.
When you communicate with us via text, we may collect:
• Mobile phone number
• Message content and timestamps
• Opt-in/opt-out status and date
• Device type and carrier information (where technically available)
• Responses to our messages, including any information you voluntarily provide
This information is stored within our ATS and is subject to our broader Candidate Privacy Notice and applicable data retention policies.
Information collected through our text messaging program is used to:
• Facilitate and manage the recruitment and hiring process
• Schedule and confirm interviews and meetings
• Maintain a complete record of candidate communications in our ATS
• Comply with legal obligations and respond to lawful requests
• Improve our recruitment communication practices
We do not sell, rent, or share candidate mobile numbers or message content with third parties for marketing purposes.
We use third-party SMS/text messaging providers to transmit messages on our behalf. These providers act as data processors and are contractually required to:
• Process personal data only on our documented instructions
• Implement appropriate technical and organizational security measures
• Not use candidate data for their own marketing or business purposes
• Delete or return data upon termination of the service relationship
A list of current SMS service providers used is available upon request by contacting us at the address below.
Candidates may opt out of receiving text messages at any time by:
• Replying STOP to any text message we send. We will process your opt-out within a commercially reasonable time (no later than 10 business days) and send a final confirmation message.
• Contacting our HR/Talent Acquisition team directly at hr@mountainsidefitness.com or 480-706-8963.
• Updating your communication preferences in the candidate portal of our ATS (if available).
Opting out of text messages will not affect your application status or disqualify you from consideration for any position. We will continue to communicate with you via email or phone.
Note: Even after opting out, you may receive a single confirmation message acknowledging your opt-out request.
Message frequency varies based on the stage and activity of your application. During active recruitment, you may receive up to 8 messages per week. Message and data rates may apply depending on your mobile carrier and plan. We are not responsible for any charges incurred from your carrier.
We implement reasonable and appropriate technical and organizational safeguards to protect candidate information collected through our text messaging program, including:
• Encryption of data in transit and at rest within our ATS platform
• Access controls limiting who within HR/Talent Acquisition can view message histories
• Regular security assessments of our SMS service providers
• Employee training on data handling and TCPA compliance
While no system is completely secure, we take reasonable steps to protect your personal information from unauthorized access, disclosure, or misuse.
Text message records and consent documentation are retained for a minimum of four (4) years from the date of last communication, or longer if required by applicable law or in connection with active or threatened litigation. This retention period supports our TCPA compliance obligations and allows us to respond to any regulatory or legal inquiries.
Upon expiration of the retention period, data will be securely deleted or anonymized in accordance with our data retention schedule.
Depending on your state of residence, you may have rights with respect to personal information we hold about you, including:
• Access: Request a copy of personal information we hold about you.
• Correction: Request correction of inaccurate or incomplete information.
• Deletion: Request deletion of your personal information, subject to our legal retention obligations.
• Opt-Out: Withdraw consent to text messaging at any time (see Section 7).
To exercise any of these rights, please contact us at [privacy@yourcompany.com]. We will respond within the timeframe required by applicable law.
We maintain an internal TCPA compliance program that includes:
• Written policies and procedures for obtaining and documenting consent
• A Do-Not-Contact (DNC) list that is updated promptly upon receipt of opt-out requests
• Training for HR and Talent Acquisition staff on TCPA requirements
• Regular audits of our ATS texting workflows and consent records
• Contractual TCPA flow-down provisions with our SMS service providers
We may update this Policy from time to time to reflect changes in our practices, technology, or legal requirements. When we make material changes, we will update the Effective Date above and, where required, provide notice to affected candidates. Continued participation in our text messaging program after notice of changes constitutes acceptance of the updated Policy.
If you have questions about this Policy, our text messaging practices, or wish to exercise your rights, please contact:
Mountainside Fitness
Attention: HR / Talent Acquisition — Privacy
Email: HR@mountainsidefitness.com
Phone: 480-706-8963