CASL (Canada’s Anti-Spam Legislation)
ProTech Series and/or its related corporations (collectively “ProTech Series”)
This document outlines ProTech Series’s policy and is intended to provide readers with reasonable assurance that
- ProTech Series’s clients and prospective clients in Canada are always reached in the same manner when receiving commercial electronic messages
- ProTech Series employees who send commercial electronic messages from and/or to computer system(s) in Canada are fully compliant with CASL.
The Anti-Spam Policy and accompanying processes (the “CASL Procedures “) of ProTech Series are designed to guarantee that all CEMs sent by or on behalf of ProTech Series, or using a ProTech Series email address or domain, conform with CASL.
The Anti-Spam Policy defines ProTech Series’s duties under CASL and commercial electronic communications sent to ProTech Series customers, prospective clients, and others, where applicable. ProTech Series may from time to time include additional anti-spam rules, techniques, or practices.
This Policy applies to employees of ProTech Series who may send CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessible from a computer system in Canada. The Anti-Spam Policy has been established in line with CASL rules, and ProTech Series is committed to CASL compliance. All additional ProTech Series regulations and procedures must be interpreted in accordance with the Anti-Spam Policy and in accordance with CASL in order to avoid damaging and deceptive spam in Canada.
ProTech Series obtains affirmative, opt-in permission before delivering a CEM to anybody who has not had an established business relationship with ProTech Series within two years of the date the CEM is delivered, unless there is a demonstrable basis for implicit consent or an exception to consent. Unless there is a good proven cause for inferred consent or an exception to consent, ProTech Series obtains explicit, opt-in authorization for the sending of CEMs to ProTech Series prospects.
The request for permission cannot be included in an electronic communication unless the message is transmitted with implicit approval. Permission must be requested individually inside a message (e.g., by affirmatively choosing a checkbox) and cannot be bundled as a prerequisite of agreement approval. Verbal consent is authorized when a record of the details of the consent is retained in a database.
Form and Content of CEMs
The following are some general summaries of the CASL form and content standards that all CEMs must meet:
comprises the sender’s name, postal address, phone number(s), email address(es), and a link to a web page where the recipient may unsubscribe from receiving CEMs from ProTech Series and its subsidiaries and affiliates, as well as a clear description of how to do so.
If ProTech Series uses a third-party service provider to deliver CEMs on its behalf, ProTech Series will make every effort to ensure that the CEMs are sent in line with CASL.
Cataloguing of relationship specifics
CASL compliance necessitates the keeping of records describing contacts with consumers and potential clients.
Each ProTech Series business unit is required to create and keep verifiable records in its Client Relationship Management (CRM) system documenting the relationships that give rise to implied consent, as well as verifiable records of express, opt-in consents obtained from ProTech Series clients and prospective clients. Customers are defined as organizations or people that have at least one open account or contractual connection with ProTech Series at the time of the transaction. For the purposes of this Policy, organizations or individuals who have terminated their final remaining account or canceled their contract with ProTech Series are not considered ProTech Series customers.
In order to monitor customer and prospect contacts, each CRM system requests and records implicit permission or explicit, opt-in authorization in compliance with the CASL Procedures.
Once ProTech Series stops delivering CEMs to a customer or prospect, records of explicit, opt-in consent and evidence of the relationships that give rise to implied consent are kept for at least three years.
Business electronic communications
All ProTech Series workers who send CEMs from or to a computer system(s) in Canada must follow this Policy as well as any relevant CASL laws and regulations.
A “CEM” is a kind of electronic communication that contains material (text, hyperlinks, photographs, or attachments) that:
a. promotes, offers, or advertises ProTech Series products or services, employees, or connections;
b. solicits business for ProTech Series or its employees or contacts; and
c. any other analogous statement that encourages commercial activity participation.
Examples include invitations to promotional events (such as webcasts or ProTech Series events), marketing mailings, and so on.
The messages listed below are not necessary to comply with CEM requirements:
Notices needed by law, such as communications delivered to comply with a regulatory obligation (e.g., substantial changes, mandatory account activity information, and so on); and responds to requests, queries, or complaints.
Internal emails transmitted between ProTech Series staff using a device owned or furnished by ProTech Series or a ProTech Series email account should be about ProTech Series. ProTech Series staff may not send each other offers, promotions, advertising, or suggestions unrelated to ProTech Series business without the specific permission of the internal recipient.
Abidance by third parties
Third-party contracts with service providers that may send CEMs on ProTech Series’s behalf must contain provisions requiring the service provider to comply with CASL, including CEM form and content standards.
Any CEM that does not come under one of the aforementioned exclusions must include a viable unsubscribe method that enables consumers to withdraw their consent or make do-not-contact requests in a timely manner that allows ProTech Series to handle the request within 10 days of its submission. This information must be included in the database used to monitor contacts with customers and prospective prospects.
Any emails sent in line with CASL requirements must include a “unsubscribe” option. Stop receiving our commercial electronic messages at any time by clicking the “unsubscribe” link.
or by emailing email@example.com with ‘Unsubscribe’ in the subject line.
Responsibility for Policy Management
The Compliance department of each XpertLync legal entity is responsible for adhering to the Anti-Spam Policy, which is examined, amended as needed, and approved once a year. Any modifications or deviations from this Policy must be authorized by the XpertLync Board or its equivalent.
Evaluation and endorsements
This Policy will be reviewed and changed as needed by XpertLync Compliance, with permission from the appropriate XpertLync Board or equivalent. This Policy must be changed on an annual basis or as needed.
Performance and analysis
XpertLync retains the right to conduct random audits to ensure compliance with this Policy and any procedures linked to it. In the event that this Policy or any related procedures are breached, disciplinary action may be taken in accordance with the Global Human Resources Disciplinary Process.