Messaging Privacy & SMS Terms
Last updated: October 28, 2025
1. Overview
The Spice & Tea Exchange® (“we,” “us,” or “our”) is committed to protecting your privacy and ensuring transparency around how we use your information. This Messaging Privacy & SMS Terms page explains how we collect, use, and protect mobile information in connection with our SMS and messaging programs.
2. Current Scope
Our SMS messaging program is currently available for our retail store customers and will soon be extended to our ecommerce website customers. This page applies to both current and future SMS and messaging programs operated by The Spice & Tea Exchange®.
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3. Messaging Privacy
We respect your privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories covered in our general Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, except as required to provide messaging services (e.g., to our SMS platform provider).
We protect SMS and messaging data through strict access controls, encryption in transit and at rest, and by limiting access to authorized personnel and vetted vendors only.
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4. SMS / Messaging Terms
By providing your mobile number and opting in, you agree to receive recurring automated marketing and informational SMS messages from The Spice & Tea Exchange®, including promotional offers, order updates, and customer service messages. Consent is not a condition of purchase.
Message & data rates may apply. Message frequency varies.
Reply STOP to unsubscribe or HELP for assistance. You may also opt out through your customer account settings or by contacting us via the channels below. Opt-out requests are processed promptly and always within 48 hours.
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5. Recordkeeping & Consent Proof
We maintain a record of your consent to receive SMS messages, including the date, time, IP address, and the version of the consent text you accepted at the time of opt-in.
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6. Retention & Deletion
SMS consent records and message history are securely retained for up to five (5) years for compliance purposes. You may request deletion of your SMS consent and related data at any time by contacting us at the details below.
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7. Transactional vs. Marketing Messages
Certain SMS messages are transactional and do not require prior consent. Examples include:
-Order confirmations and shipping updates
-Customer support or appointment reminders
Marketing or promotional SMS messages (such as product offers or seasonal campaigns) are only sent with your express consent.
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8. Policy Updates & Consent Changes
If our SMS or messaging practices change materially, we will notify you via SMS or email and, where required, ask for renewed consent before continuing communication.
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9. Prohibited Practices
The Spice & Tea Exchange® prohibits:
• Pre-checked or default-selected SMS consent boxes
• Requiring SMS opt-in as a condition of purchase (except as permitted by law)
• Sharing mobile opt-in information with third parties for marketing
We are committed to following all applicable laws and carrier guidelines for SMS marketing and data protection.
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10. Governing Law and Jurisdiction
All matters relating these Messaging Privacy & SMS Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Messaging Privacy & SMS Terms shall be instituted exclusively in the United States District Court for the Middle District of Florida and the Circuit Court of Pinellas County, Florida shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising out of or relating to, either directly or indirectly, these Messaging Privacy & SMS Terms. The parties further agree that, in the event of such litigation, they will not contest or challenge the jurisdiction or venue of these courts.
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11. Arbitration
At our sole discretion, it may require You to submit any disputes you have with us or our affiliates, franchisees, or contractors to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association , including but not limited to any disputes arising from any communications you receive from us, our affiliates, our franchisees, or anyone else concerning us or our services, and any disputes concerning these Messaging Privacy & SMS Terms, their interpretation, violation, invalidity, non-performance, or termination as well as any dispute about arbitrability, such as scope and enforceability. You also agree that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision because it and the Messaging Privacy & SMS Terms evidence a transaction involving interstate commerce.
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12. Class Action Waiver
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE (INCLUDING THOSE SUBJECT TO ARBITRATION) WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE SPICE & TEA EXCHANGE® WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
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13. Limitation On Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE MESSAGING PRIVACY & SMS TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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14. Jurisdiction-Specific Disclosures
If you are located in California, the European Union, Canada, or other jurisdictions with specific privacy requirements, please refer to our Privacy Policy for details on your additional rights and how to exercise them.
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15. Contact Us
For questions, opt-out requests, or to exercise your privacy rights, please contact us:
Customer Support:
📞 (904) 429-7548 — press 1 for Customer Service
✉️ weborders@spiceandtea.com