Anti-Spam Compliance Policy

CEMs may only be sent in the following circumstances:

1. Existing Customers

A CEM may be sent to a representative of an existing Company customer unless they have unsubscribed from Company communications.

An entity will be considered an existing Company customer if it has:

• Purchased a product from Company within the previous 2 years
• Accepted a business opportunity with Company within the past 2 years
• Has a written contract with Company that is in existence or expired within the past 2 years; or
• Has inquired or applied, or is in negotiations in respect of, about any of the above within the past 6 months.

Note: CASL treats affiliates as third parties, so a relationship (as defined above) with a Company subsidiary or affiliate will not create a relationship with Company for the purposes of CASL.

1. Prospective Customers

A CEM may be sent to a representative of a prospective Company customer who has not unsubscribed from Company communications if:

• The representative has provided his or her business card or electronic address to Company, or has caused his/her electronic address to be conspicuously published (for example, on a company website, in a business directory or conference attendee list), AND
• The representative has not requested not to be contacted, AND
• The message relates to the recipients role in a business or official capacity.

Associates must retain evidence of compliance with the above requirements, for example, by retaining a copy of the business card or business directory with the representatives name, title and contact information, and recording the date upon which the card/directory was obtained.

1. Express Consent

A CEM may be sent to a representative of an existing or prospective customer who has given express consent.  Any request for express consent must meet the following requirements:

1. Must be opt-in. This means that the representative must take a positive step to confirm consent (like checking an un-checked box).
2. Must be stand-alone. Consent cannot be bundled with other terms (for example, with agreement to terms and conditions of purchase).
3. Must include the following information:
   • the purposes for which consent is being sought
   • Company name
   • Company mailing address, and one of a telephone number providing access to an agent or voice messaging system, an email address or a web address
   • a statement that the person can withdraw their consent

Different requirements apply if consent is sought by an affiliate or third party on behalf of Company.  Please check with Legal in these circumstances.

Note that an electronic message requesting express consent to send CEMs is itself deemed to be a CEM.  This means that a request for express consent cannot be sent electronically unless you are otherwise permitted to send CEMs to the recipient (see above). 

Associates must retain records that express consent was obtained.