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#CASL www.constantcontact.com/casl © Constant Contact 2015
Grow Your List Under Canada Anti-Spam Legislation (CASL)
Practicing Permission Marketing
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#CASL www.constantcontact.com/casl
Lisa Kember Regional Development Director, Canada East
Constant Contact
@LisaKember
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#CASL www.constantcontact.com/casl 3
Disclaimer: Consult with your lawyer!
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#CASL www.constantcontact.com/casl 4
Agenda
What is CASL and some key terms
Considerations for US companies & Nonprofits
What to do to make sure you’re compliant
1. Review email address collection methods
2. Obtain express consent
3. Ensure on-going communications have appropriate information
4. Use Constant Contact tools to obtain and track consent
It’s about more than following the law
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#CASL www.constantcontact.com/casl #CASL www.constantcontact.com/casl
What is CASL? | CASL for US companies and Nonprofits| What to do to comply with CASL | How Constant Contact helps | It’s about more than just the law
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#CASL www.constantcontact.com/casl 6
What is CASL?
What is CASL?
Canadian Anti-Spam Legislation
A regulatory framework for permission-based marketing, including email
marketing, social media marketing, text, and other electronic messaging.
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#CASL www.constantcontact.com/casl 7
What is CASL?
It’s all about “consent”
permission from a contact that a
business may send them
communications Consent
Express Consent clear permission, obtained electronically,
orally or in writing; contact may have
asked to receive emails
consent that is inferred based on
actions, such as having an
existing business relationship. Implied Consent
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#CASL www.constantcontact.com/casl 8
What is CASL?
How do I get Express Consent?
Once you obtain express consent,
it is good forever or unless
someone opts out.
Clearly indicate you are asking for
permission to send electronic
messages.
Clearly indicate what organization
is requesting permission.
Tell possible contacts what they
will get from you and how often.
Tell possible contacts that they
will be able to unsubscribe.
Must include mailing address and
one of the following: email
address, website address or
phone number
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Implied consent is inferred based on actions, such as having an existing business relationship (making a purchase or donation, for example).
What is CASL?
A note about Implied consent.
Customer made a purchase or a supporter
made a donation.
Business cards exchanged at a conference.
Entered into a written or electronic contract
SIGN
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What is CASL?
A note about Implied consent.
Initial consent begins
Consent renewal required
Two Year Window
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What is CASL?
What about my existing lists?
Express Consent obtained?
Why not just get express
consent?
JULY
2 0 1 7 End of grace period for
garnering express consent from existing lists.
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What is CASL?
What’s wrong with this picture?
12
Whose list are you
signing up for?
Can you ever
unsubscribe?
How would you
contact the business?
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What is CASL?
What’s right with this one?
13
You know whose list
you’re signing up for.
Contact information is
easy to find.
Fine print makes
unsubscribe option and
process very clear.
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#CASL www.constantcontact.com/casl
What is CASL?
Not all addresses are gathered online…
14
• Point of sale
• Auction tables at fundraiser
• Conference table visitor lists
• Table-side comment cards
• Others?
Stay in touch! Simply fill in your information to hear about our latest specials, coupons, menu items, and events.
By signing up for this email list you’re granting Jack’s Backyard BBQ | www.jacksbybbq.com | 17 South Main Street, Cooksville, ON L5V2N6 | 382.447.9278
express consent to send you commercial electronic mail. You can revoke permission to mail to your email address at any time using the unsubscribe link found at the bottom of every email. Emails are serviced by Constant Contact.
TODAY’S DATE EMAIL ADDRESS FIRST & LAST NAME
__________ __________ __________
__________ __________ __________
__________ __________ __________
__________ __________ __________
__________ __________ __________
__________ __________ __________
__________ __________ __________
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What is CASL?
What happens if I don’t comply?
Up to $1 million in fines Sole Proprietors
Up to $10 million in fines Corporations
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What is CASL?
Key dates to keep in mind…
JULY
2 0 1 4
CASL went into effect
Must collect and track Express Consent for all new contacts
Plan how you will clean up your existing list
JULY
2 0 1 7
‘Grace’ period for CASL compliance expires
Private Right of Action enacted
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#CASL www.constantcontact.com/casl #CASL www.constantcontact.com/casl
What is CASL? | CASL for US companies and Nonprofits| What to do to comply with CASL | How Constant Contact helps| It’s about more than just the law
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CASL and US Companies
When does CASL apply to US companies?
• Mailing address
• Post code
• Area code for
phone number
If contact information
indicates contact lives or works in
Canada
If contact has a Canadian
email address
.ca
Referring IP’s are hosted in
Canada
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CASL and US Companies
Applies to all digital
communications
Applies to email where “primary
purpose” is commercial.
Opt-in only Opt-out is acceptable
Provisions for fines up to:
• $1 million (sole proprietors)
• $10 million (corporations)
Fines per violation up to $16,000
Must clearly identify the sender and must contain an
unsubscribe mechanism.
CASL CAN-SPAM vs.
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CASL and Nonprofits
What about…
• It does apply
• Exception: for messages of a
fundraising nature
Charitable Orgs
& Non-Profits
• It does apply
• Exception: If the primary
purpose of the CEM is to solicit
a contribution
Political Parties
or Candidates
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#CASL www.constantcontact.com/casl #CASL www.constantcontact.com/casl
What is CASL? | CASL for US companies and Nonprofits| What to do to comply with CASL | How Constant Contact helps | It’s about more than just the law
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What you should do to comply
1. Review your email address collection methods. When collecting email addresses – online and offline – make sure you
can answer yes to the following questions:
Reminder: once you obtain
express consent, it is good forever
or unless someone opts out.
Does your sign-up form have clear and
obvious language asking for permission
to send the contact future
electronic messaging? Yes No
Do you have a process in place to
document this consent?
Yes No
Does your sign-up form clearly identify the
person, business or organization asking
for the consent?
Yes No
Does your sign-up form contain a valid
mailing address and either a telephone
number, email address,
or web address? Yes No
Does your sign-up form indicate that there
will be a mechanism for people to
unsubscribe at any time?
Yes No
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What you should do to comply
2. Obtain Express Consent
• Begin taking steps to re-confirm
their opt-in if necessary
For your existing contacts
?
• Start asking for express consent
now…you’ll need it eventually,
so why wait?
For all new contacts…
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What you should do to comply
3. Make sure ongoing communications have the appropriate information.
Make it clear who is
sending the message.
Include a valid mailing address and
either a phone number, email
address or web address.
Clearly identify the
email service provider.
Make it easy for people to
unsubscribe at any time.
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#CASL www.constantcontact.com/casl #CASL www.constantcontact.com/casl
What is CASL? | CASL for US companies and Nonprofits | What to do to comply with CASL | How Constant Contact helps | It’s about more than just the law
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How Constant Contact helps
Tools for obtaining consent
CASL “Confirm Subscription”
email template
Website sign-up form
Update Profile form
Permission reminder
When a contact gives consent through any of the methods above they’re tracked and documented as express consent within Constant Contact
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How Constant Contact helps
Tools to document consent
31
Advanced Email Permissions
Advanced contact
fields for file export
Implied or express
permission on file import
Permission status is
easy to find.
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What is CASL? | CASL for US companies and Nonprofits| What to do to comply with CASL| How Constant Contact helps | It’s about more than just the law
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These are email marketing best practices!
Improved open rates
Fewer SPAM reports
Opportunities to do more business!
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#CASL www.constantcontact.com/casl #CASL www.constantcontact.com/casl © Constant Contact 2015 34
More questions? Call one of our specialists to review CASL and ensure you’re in compliance.
866-433-8499
Trying to keep it straight? Use our checklist! Coming soon in our follow-up email.
Want to learn more?
www.constantcontact.com/casl
Constant Contact’s CASL Resource Center
fightspam.gc.ca
Canada’s CASL Website