Canada’s Anti-Spam Legislation (CASL)
B2B IT Media and/or its related corporations (collectively “B2B IT Media”)
Policy Statement
This document outlines B2B IT Media’s policy and is meant to give readers reasonable confidence that
- B2B IT Media’s clients and prospective clients in Canada are always reached in the same manner when receiving commercial electronic messages, and
- B2B IT Media employees who send commercial electronic messages from and/or to a computer system(s) in Canada are in full compliance with CASL.
The B2B IT Media Anti-Spam Policy (” Anti-Spam Policy “) and related procedures (the “CASL Procedures “) are intended to ensure that all CEMs sent by or on behalf of B2B IT Media, or using a B2B IT Media email address or domain, comply with CASL.
Policy regulations
The Anti-Spam Policy outlines B2B IT Media’s obligations under the provisions of CASL and commercial electronic communications delivered to B2B IT Media customers, potential clients, and others, where appropriate. B2B IT Media may sometimes introduce extra anti-spam rules, processes, or practices.
Application
This Policy applies to employees of B2B IT Media who may transmit 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. Regarding B2B IT Media’s activities, the Anti-Spam Policy has been implemented in accordance with CASL’s regulations, and B2B IT Media is dedicated to CASL compliance. Any other B2B IT Media rules and procedures shall be construed in a way that is consistent with the Anti-Spam Policy and that supports compliance with CASL in an effort to prevent harmful and misleading spam in Canada.
Agreement
Before sending a CEM to anybody who has not had an established commercial connection with B2B IT Media within two years of the date the CEM is issued, B2B IT Media acquires affirmative, opt-in permission, unless there is a verifiable basis for implicit consent or an exemption to consent. B2B IT Media acquires affirmative, opt-in permission for the delivery of CEMs to B2B IT Media prospects unless there is a strong documented reason for inferred consent or an exemption to consent.
The request for permission cannot be included in an electronic communication unless there is an implicit consent basis for sending the message. The request for permission must be made independently inside a message (e.g., by positively selecting a checkbox) and cannot be packaged as a requirement of agreement acceptance. When a record of the specifics of the consent is kept in a database, verbal consent is permitted.
Form and Content of CEMs
The following are some of the broad descriptions of the form and content criteria of CASL that must be met by all CEMs:
contains information about the sender, including 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 B2B IT Media and its subsidiaries and affiliates, and a clear explanation of how to do so.
If a third party service provider is used to send CEMs on B2B IT Media’s behalf, then B2B IT Media will take the necessary efforts to ensure that the sending of these CEMs is in accordance with CASL.
Cataloguing of relationship specifics
Compliance with CASL requires the maintenance of records detailing interactions with customers and prospective clients.
Each B2B IT Media business unit is required to create and maintain in its Client Relationship Management (CRM) system verifiable records documenting the relationships giving rise to implied consent, as well as verifiable records of express, opt-in consents obtained from B2B IT Media clients and prospective clients (including, but not limited to, Benchmark, Salesforce). At the time of the transaction, customers are defined as firms or individuals having at least one open account or contractual relationship with B2B IT Media. Organizations or individuals who have terminated their last remaining account or canceled their contract with B2B IT Media are not considered B2B IT Media clients for the purposes of this Policy.
In accordance with the CASL Procedures, implicit consent or explicit, opt-in authorization is requested and recorded in each CRM system in order to track customer and prospect connections.
Records of explicit, opt-in consent and documentation of the relationships that give rise to implied consent are maintained for at least three years after B2B IT Media discontinues sending CEMs to a client or prospect.
Business electronic communications
Any B2B IT Media personnel who transmit CEMs from and/or to a computer system(s) in Canada must adhere with this Policy and all applicable CASL policies and regulations.
A “CEM” is an electronic communication containing content (such as text, hyperlinks, photos, or attachments) that:
- promotes, provides, or advertises B2B IT Media goods or services, workers, or connections;
- solicits business for B2B IT Media or employees or connections of B2B IT Media; and
- any other comparable statement that promotes commercial activity involvement.
Invitations to promotional events (such as webcasts or B2B IT Media events), marketing newsletters, etc., are examples.
The following messages are not required to comply with the CEM requirements:
Legally required notices, such as messages sent to comply with a regulatory requirement (e.g., material changes, required account activity information, etc.); and responses to requests, inquiries, or complaints.
Internal emails sent between B2B IT Media personnel utilizing a B2B IT Media-owned or -provided device or a B2B IT Media email account should pertain to B2B IT Media. Without the express approval of the internal receiver, B2B IT Media personnel may not send each other offers, promotions, advertising, or recommendations unrelated to B2B IT Media business.
Abidance by third parties
Any third-party contracts with service providers who may send CEMs on B2B IT Media’s behalf must include stipulations obligating the service provider to comply with CASL, including the form and content requirements of CEMs.
Unsubscribe tool
Any CEM that does not fall under one of the aforementioned exemptions must offer a functional unsubscribe mechanism to enable users to withdraw their permission or make do-not-contact requests in a timely way that allows B2B IT Media to process the request within 10 days of the day it was submitted. The database used to track interactions with clients and potential clients need to contain this data.
Staff members shall provide a “unsubscribe” option in all emails sent in accordance with CASL regulations. Stop receiving our Commercial Electronic Messages by clicking the “unsubscribe” link at any time.
https://b2bitmedia.com/unsubscribe/
or by emailing dpo@b2bitmedia.com with ‘Unsubscribe’ in the subject line.
Responsibility for Policy Management
Every XpertLync legal entity’s Compliance department is responsible for following the Anti-Spam Policy, which is assessed and changed as appropriate and approved once a year. Any changes or departures from this Policy must be approved by the applicable XpertLync Board or its equivalent.
Evaluation and endorsements
This Policy shall be reviewed and modified as required by XpertLync Compliance, subject to the approval of the relevant XpertLync Board or equivalent. This Policy must be revised annually or whenever deemed appropriate.
Performance and analysis
XpertLync reserves the right to carry out audits at random to check for compliance with this Policy and any processes that are related with it. In the event that this Policy or any associated processes are violated, disciplinary action may be taken in accordance with the policy or process outlined in the Global Human Resources Disciplinary Procedure.
