Canada's Anti-Spam Legislation (CASL)
OnlyB2B ITES Pvt. Ltd. and/or its related corporations (collectively “ONLYB2B”)
This document sets forth the policy of ONLYB2B and is designed to provide reasonable assurance that (i) a consistent process is followed with respect to the dissemination of commercial electronic messages to ONLYB2B clients and prospective clients in Canada, and (ii) ONLYB2B employees sending commercial electronic messages from and/or to a computer system(s) in Canada comply with the requirements of CASL.
The ONLYB2B Anti-Spam Policy (“Anti-Spam Policy”) and related procedures (the “CASL Procedures”) require that all ONLYB2B employees sending CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada comply with CASL, and seeks to ensure that all CEMs sent by or on behalf of ONLYB2B, or using a ONLYB2B email address or using a device owned or provided by ONLYB2B, comply with CASL.
The Anti-Spam Policy describes ONLYB2B’s commitments relating to the provisions of CASL and electronic messages of a commercial nature sent to ONLYB2B clients, prospective clients, and others, as applicable. From time to time, ONLYB2B may implement additional policies, procedures and/or practices as it relates to anti-spam measures.
This Policy applies to ONLYB2B employees who may be sending CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada. With respect to ONLYB2B’s operations, the Anti-Spam Policy has been adopted in compliance with the requirements of CASL, and ONLYB2B is committed to complying with CASL. All other ONLYB2B policies and procedures will be interpreted in a manner that is consistent with the Anti-Spam Policy and that promotes compliance with CASL to seek to deter damaging and deceptive forms of spam from occurring in Canada.
ONLYB2B obtains express, opt-in consent, unless a verifiable basis for implied consent or an exception to consent exists, before sending a CEM to anyone who has not had an existing business relationship with ONLYB2B within two years before the date on which the CEM is sent. Unless a valid documented basis for implied consent or an exception to consent exists, ONLYB2B also obtains express, opt-in consent for the sending of CEMs to ONLYB2B prospects.
The request for consent cannot be in an electronic message unless there exists a basis for implied consent to send the message. The request for consent must be sought separately within a communication (e.g. through a separate action such as affirmatively checking a checkbox) and cannot be bundled as a term of acceptance of an agreement. A verbal consent is acceptable where a record of the details of the consent is maintained in a database.
Form and Content of CEMs
All CEMs are required to comply with the form and content requirements of CASL, generally described as follows:
- ⬤ Identifies the sender;
- ⬤ The sender’s mailing address;
- ⬤ The sender’s mailing address;
- ⬤ The sender’s telephone number or email address or link to a webpage; and
- ⬤ An unsubscribe mechanism or withdrawal of consent from receiving CEMs from ONLYB2B and its subsidiaries and affiliates.
ONLYB2B takes steps to require that any third-party service provider who sends CEMs on behalf of ONLYB2B complies with CASL.
Storage of Relationship Details
A key component of complying with CASL involves maintaining records of ONLYB2B’s relationships with clients and prospective clients.
Each business unit of ONLYB2B is required to create and maintain in the business unit’s Client Relationship Management (CRM) system (including, but not limited to, Benchmark, Salesforce), verifiable records documenting the relationships giving rise to implied consent, and verifiable records of express, opt-in consents obtained from ONLYB2B clients and prospective clients. “Clients” are defined as those organizations or individuals who have at least one open account or a contractual relationship with ONLYB2B at the relevant time. Organizations or individuals who have closed their last remaining account or terminated their contract with ONLYB2B are not considered ONLYB2B clients for purposes of this Policy.
Implied consent or express, opt-in consent is obtained in accordance with the CASL Procedures and recorded in the applicable CRM system in order to track the client and prospect relationships.
Records of express, opt-in consent and records documenting the relationships giving rise to implied consent are retained for a minimum of three years after ONLYB2B ceases sending CEMs to the ONLYB2B client or prospect.
Commercial Electronic Messages
All ONLYB2B employees sending CEMs from and/or to a computer system(s) in Canada are required to comply with this Policy and related CASL procedures and processes.
A “CEM” is defined as an electronic message that includes content (for instance, text, hyperlinks, images or attachments) that:
a. promotes, offers or advertises ONLYB2B or ONLYB2B’s products or services, or employees, or contacts;
b. solicits business for ONLYB2B or ONLYB2B’s employees or contacts; and
c. any other similar message that encourages participation in commercial activity.
Examples include promotional event invitations (e.g., webcasts or ONLYB2B events), marketing newsletters, etc.
The following messages do not have to comply with the requirements applicable to CEMs:
- ⬤ Messages sent to ONLYB2B clients about their business;
- ⬤ Internal communications about ONLYB2B’s business (including communications with ONLYB2B offices outside Canada);
- ⬤legally required notices, such as messages that are sent to comply with a regulatory requirement (e.g., material changes, required account activity information, etc.); and
- ⬤ responses to requests, inquiries or complaints.
- Messages that ONLYB2B employees email each other internally using a device that ONLYB2B owns or provides, or using a ONLYB2B email address, should be related to ONLYB2B. ONLYB2B employees may not internally email each other offers, promotions, advertisements, or referrals unrelated to ONLYB2B business without the internal recipient’s verbal consent.