Anti-Spam and Messaging Compliance Policy

Known Pty Ltd trading as Kudosity (“Kudosity”, “we”, “our”, or “us”) is committed to responsible messaging practices, data protection, and compliance with applicable anti-spam, privacy, and telecommunications laws.

By creating an account with Kudosity and agreeing to our Terms of Service, you also agree to comply with this Anti-Spam and Messaging Compliance Policy (“Policy”).

This Policy sets out the minimum compliance standards applicable to all users of Kudosity services.

Definitions

1. Permission

For the purposes of this Policy, "Spam" means any electronic message, including, without limitation, SMS, MMS, WhatsApp and other messaging platform communications, sent using Kudosity's services without the recipient's Permission where required by applicable law, or otherwise in breach of this Policy or applicable messaging laws. This definition is intended solely for the operation of this Policy and may be broader than the definition of unsolicited commercial electronic messages under particular legislation.

Where applicable law permits messages to be sent on a basis other than consent, users may rely on that basis only where all applicable legal requirements are satisfied. Where local law requires consent, consent must be obtained.

Users must also comply with applicable platform, carrier policies, mobile network operator requirements, messaging ecosystem rules, and channel provider requirements. You must not use Kudosity services to send messages to recipients unless you have obtained Permission or are otherwise authorised by applicable law to do so.

1.1. What constitutes permission?

Where applicable law recognises another lawful basis for sending messages without consent, Permission may also arise from that lawful basis, provided all legal requirements are satisfied. Where Permission is based on consent, it may include, but is not limited to, the following:

• A subscription form completed on your website or application.

• An opt-in checkbox on a form, provided the checkbox is not pre-selected and the individual actively and willingly elects to receive communications.

• Consent obtained through offline forms, surveys, competitions, or events where the individual was clearly informed that they would receive messaging communications and expressly agreed to receive them.

• An existing customer relationship alone does not create Permission to send marketing messages.

• Consent obtained in person, including where an individual provides their business card and expressly agrees to receive communications relating to a specific subject matter.

Where consent forms the basis of Permission, it must be:

• informed;

• voluntary;

• specific;

• maintained in records sufficient to demonstrate compliance upon request; and

• compliant with applicable laws and industry requirements.

Where Permission is based on consent, you may only send communications relating to the purpose or subject matter for which that consent was originally obtained.

1.2. What does not constitute permission?

The following do not constitute valid Permission under this Policy:

• Mobile numbers or contact information acquired from third parties, including purchased, rented, shared, or otherwise acquired marketing lists.

• Contact information obtained through scraping, harvesting, copying, or extraction from websites or public sources.

• Messaging recipients where valid Permission cannot be demonstrated.

• Messaging recipients who have not engaged with your messaging communications where consent has expired, been withdrawn, or can no longer reasonably be relied upon under applicable law.

• Any use of messaging data that is inconsistent with the scope of consent originally obtained.

The publication of a mobile number or contact detail does not, by itself, constitute Permission to send commercial or promotional communications.

1.3. What must I include in my message?

All commercial or promotional messages sent using Kudosity services, and any other messages where required by applicable law, must include:

• A functional and compliant opt-out or unsubscribe mechanism that enables recipients to withdraw consent or unsubscribe from future communications; and

• Clear identification of the sender or beneficial sender of the message. Where messages are sent on behalf of a client or third party, the identity of that client or third party must be clearly identified in the message, including, where required by applicable law, accurate and valid contact information for the sender.

• Users must not use Kudosity services to send messages that are misleading, deceptive, fraudulent, malicious, defamatory, unlawful, or intended to impersonate another individual or entity, and must comply with Kudosity’s Terms of Service.

Users must process unsubscribe and opt-out requests promptly and within any timeframes required by applicable law. Where applicable law prescribes a maximum processing period, users must comply with that requirement. Users that have opted out must not receive further marketing or promotional communications unless otherwise permitted by applicable law.

2. Monitoring and Enforcement

Kudosity maintains monitoring, review, and enforcement processes designed to support compliance with this Policy and applicable laws.

These measures may include:

• Account approval and verification processes prior to enabling messaging capabilities.

• Monitoring of spam complaints, abuse reports, and industry feedback mechanisms. Complaint rates may trigger compliance reviews, warnings, requests for explanation, or recommendations for remediation. Elevated complaint rates may result in suspension, restriction, or termination of accounts. We may report suspected unlawful activity to relevant regulatory authorities, telecommunications providers or industry bodies where appropriate.

• Compliance and verification reviews of imported contact lists and messaging activity.

• Monitoring of delivery, sender reputation, carrier feedback and industry reputation indicators, including recognised blocklists.

• Investigation of suspected policy violations or unlawful activity.

Kudosity reserves the right to:

• Suspend, restrict, or terminate accounts;

• Reject or block messaging activity;

• Request evidence of consent or compliance practices; and

• Report unlawful or non-compliant activity to relevant regulatory authorities, telecommunications providers, or industry bodies where appropriate.

• Depending on the severity of the breach, failure to comply with this Policy may result in immediate suspension or termination of access to Kudosity services.

If you have questions regarding this Policy, or wish to report suspected spam or abusive messaging activity, please contact us at compliance@kudosity.com.

3. Compliance with Applicable Laws

In addition to complying with Kudosity’s Terms of Service and this Policy, you are responsible for ensuring that your use of messaging services complies with all applicable laws, regulations, carrier requirements, messaging ecosystem rules, and applicable industry standards in the jurisdictions in which you operate or send messages.

Messaging compliance obligations vary between jurisdictions and may include requirements relating to:

• consent;

• identification of senders;

• unsubscribe functionality;

• recordkeeping;

• prohibited content;

• message timing restrictions;

• privacy and data protection; and

• telecommunications regulations.

It is important that you familiarise yourself with your obligations. You are responsible for obtaining your own legal advice regarding your compliance obligations where necessary.

The following non-exhaustive list identifies examples of relevant legislation, regulatory frameworks, and industry guidance in certain jurisdictions.

3.1. Australia

• Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law

• Privacy Act 1988 (Cth)

• Spam Act 2003 (Cth)

• Do Not Call Register Act 2006 (Cth)

• Telecommunications Consumer Protections Code

• Applicable ACMA guidance and industry standards

• Ad Standards Codes and related advertising industry initiatives

3.2. New Zealand

• Unsolicited Electronic Messages Act 2007

• Privacy Act 2020

• Fair Trading Act 1986

• Telecommunications Carriers’ Forum guidance and codes

• Telecommunications Information Privacy Code

• Advertising Standards Authority (ASA) Codes of Advertising Practice

3.3. United Kingdom

• UK GDPR

• Data Protection Act 2018

• Privacy and Electronic Communications Regulations 2003 (PECR)

• ICO guidance relating to electronic marketing and direct communications

• CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing), and applicable DMA and industry association guidance

3.4. United States

• Telephone Consumer Protection Act of 1991 (TCPA)

• Telemarketing Sales Rule

• CTIA Messaging Principles and Best Practices

• Applicable state privacy and telemarketing laws

3.5. Singapore

• Personal Data Protection Act 2012

• Personal Data Protection (Do Not Call Registry) Regulations 2013

• Spam Control Act

• PDPA Advisory Guidelines (e.g. Do Not Call Provisions, Requiring Consent for Marketing Purposes)

• Do Not Call Registry requirements and related regulations

4. Disclaimer

This Policy and any related guidance materials are provided for general informational purposes only and do not constitute legal advice, regulatory advice, or professional advice of any kind.

While Kudosity makes reasonable efforts to maintain accurate and current information, compliance obligations may vary between jurisdictions and may change over time.

Users remain responsible for ensuring that their messaging activities comply with all applicable laws, regulations, and industry requirements.