Are you a Canadian business or do you market to Canadians? This Hangout will clear up your questions about the new privacy laws that come in to effect on July 1st!
2. I am committed to
simplifying social
media management,
I stay on top of
today's ever-changing
technology so you
don't have to.
3. What is CASL?
• This is a new Canadian legislation that has
been put into place to help reduce the
amount of spam that finds its way to you
electronically
Here is the link to the FAQ’s
Click here
#powerofsm
#CASL
4. The Quick Answer #1
You have been emailing your customers with
outlook or some other “regular” email system
• Get an email service such as Aweber or
MailChimp
• Add your customers/prospects to your system
• Send out a message asking for “expressed
consent”
• Only use that list of people to send messages
to in the future.
#powerofsm
#CASL
5. The Quick Answer #2
You have been emailing your customers with an
email system where some of the people were
added by you and some opted in.
• Send out a message asking for “expressed
consent”
• Have these people opt in to a new list on your
email system
• Only use that list of people to send messages
to in the future.
#powerofsm
#CASL
6. What is a CEM
• Commercial Electronic Message
– One of the purposes is to encourage the recipient
to participate in commercial activity
– the content of the message
– any hyperlinks in the message to website content
or a database
– contact information in the message.
#powerofsm
#CASL
7. What is an Electronic address
• email account
• telephone account (SMS)
• an instant messaging account
• and any other similar account.
– Facebook Chat
– LinkedIn Mail
#powerofsm
#CASL
8. Implied / Expressed
• If you have already engaged in business with
someone and you have been communicating
with them this way, you have what is called
Implied consent
– You have 36 months to secure expressed consent
– If they ask to be removed before July 1 2017 the
implied consent is no longer valid
• Expressed consent is when someone actually
opts into your list
#powerofsm
#CASL
9. How can I obtain express consent?
• Consent can be obtained either in writing or
orally. In either case, the onus is on the person
who is sending the message to prove they
have obtained consent to send the message.
– whether consent was obtained in writing or orally,
– when it was obtained,
– why it was obtained, and
– the manner in which it was obtained.
#powerofsm
#CASL
10. If you are sending a CEM to an
electronic address, then you need
to comply with three
requirements. You need to:
(1) obtain consent,
(2) provide identification
information
(3) provide an unsubscribe
mechanism.
#powerofsm
#CASL
11. •You can not have a pre checked box
•express consent must be obtained
through an opt-in mechanism, as
opposed to opt-out.
•The end-user must take a positive
action to indicate their consent.
For example, this can be done by
providing a blank box which a user can
check off to indicate consent.
#powerofsm
#CASL
12. Referrals
• There is an exception to the consent requirement for
commercial electronic messages (CEMs) sent following
a referral, if certain conditions are met. The referral
must be made by an individual who has an existing
business relationship, an existing non-
business relationship, a family relationship or a
personal relationship with the sender and the recipient
of the CEM. Also, the full name of the individual who
made the referral and a statement that the CEM is sent
as a result of a referral must be in the CEM.
• The CEM must still respect the other two requirements
- it must contain the identification information and an
unsubscribe mechanism.
#powerofsm
#CASL
13. Business Cards
You may have their implied consent to send
them CEMs, as long as:
• the message relates to the recipient's role,
functions or duties in an official or business
capacity; and
• the recipient has not made a statement when
handing you the business card that they do
not wish to receive promotional or marketing
messages (CEMs) at that address.
#powerofsm
#CASL
14. Memberships
Consent may be implied where CEMs are sent to members of an association,
club or voluntary organization. When sending CEMs to your membership
based on implied consent, you should ensure that you are only sending to
members.
• "Membership" means the status of having been accepted as a member of
a club, association or voluntary organization in accordance with its
membership requirements. You should also ensure that your organization
is a club, association, or voluntary organization that is:
• a non-profit organization,
• organized and operated exclusively for social welfare, civic improvement,
pleasure or recreation or for any purpose other than personal profit, and
• no part of its income is payable for the personal benefit of any member,
proprietor or shareholder unless that entity is an organization whose
primary purpose is the promotion of amateur athletics in Canada.
• The CEM must still respect the other two requirements - it must contain
the identification information and unsubscribe mechanism.
#powerofsm
#CASL
15. Penalties
Administrative monetary penalties
• Maximum $1 million per person
• Maximum $10 million per organization
Can directors and officers be liable too?
• Yes, directors, officers, agents and
mandataries of a corporation can be liable, if
they directed, authorized, assented to,
acquiesced in, or participated in the
commission of the violation.
#powerofsm
#CASL
16. Who is exempt?
• In house / within the business structure
– If you have people on your team or who work with you.
• Non-profits
– where the primary purpose of the CEMs is to raise funds
for the charity.
• Political Parties and candidates
– if the primary purpose of the CEM is to solicit a
contribution.
• Friends and family
– sent to an individual with whom the sender has a personal
or family relationship, as defined theGovernor-in-
Council (GiC) Regulations.
#powerofsm
#CASL
17. Other Exempt Messages
• Responses to a current customer, or someone who has inquired in
the last six months.
• Messages that will be opened or accessed in a foreign country,
including the U.S., China, and most of Europe.
• Messages attempting to enforce a legal right or court order.
• Messages that provide warranty, recall, safety, or security
information about a product or service purchased by the recipient.
• Messages that provide information about a purchase, subscription,
membership, account, loan, or other ongoing relationship, including
delivery of product updates or upgrades.
• A single message to a recipient without an existing relationship on
the basis of a referral. The full name of the referring person must be
disclosed in the message. The referrer may be family or have
another relationship with the person to whom you're sending.
#powerofsm
#CASL
18. Remove Overwhelm
Are you overwhelmed by this process?
Do you need a quick solution?
I have been asked to provide help with this
transition.
• Setup your autoresponder
• Import your contacts
• Create your new list
• Send the compliant email
#powerofsm
19. Remove Overwhelm
Are you overwhelmed by this process?
Do you need a quick solution?
I have been asked to provide help with this
transition.
• Setup your autoresponder
• Import your contacts
• Create your new list
• Send the compliant email
#powerofsm
20. Remove Overwhelm
Are you overwhelmed by this process?
Do you need a quick solution?
I have been asked to provide help with this
transition.
• Setup your autoresponder
• Import your contacts
• Create your new list
• Send the compliant email
#powerofsm
21. Remove Overwhelm
Are you overwhelmed by this process?
Do you need a quick solution?
I have been asked to provide help with this
transition.
• Setup your autoresponder
• Import your contacts
• Create your new list
• Send the compliant email
#powerofsm
22. Remove Overwhelm
If you would like to take me up on this offer
please email me at clientcare@geekygirl.ca
This offer is only valid until July 15th 2014
#powerofsm