Download - CASL Webinar July 9th

© Constant Contact 2014

Get Ready for CASLWith Constant Contact

BlueBird Business Consulting

© Constant Contact 2014

Frithjof PetscheleitBlueBird Business Consulting

email:[email protected]

Twitter:@BlueBirdBC

#CASL 2

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*Yes, you will get a copy of the slides!• CASL Checklist

#CASL

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*Disclaimer:Consult with your lawyer!

#CASL

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Agenda

What is CASL and some key terms

Considerations for US companies & Nonprofits

What to do to make sure you’re ready1. Review email address collection methods

2. Obtain express consent

3. Ensure on-going communications have appropriate information

4. How Constant Contact helps

It’s about more than following the law

#CASL

What is CASL? | CASL for US companies and Nonprofits| What to do to prepare for CASL | It’s about more than just the law

#CASL

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What is CASL?

What is CASL?Canadian Anti-Spam Legislation

#CASL

A regulatory framework for permission-based marketing, including email marketing, social media marketing, text, and other electronic messaging.

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What is CASL?

It’s all about “consent”

#CASL

permission from a contact that a business may send them communications

Consent

Express Consentclear 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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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.

#CASL

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.

#CASL

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.

#CASL

Initial consent begins

Consent renewal required

Two Year Window

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What is CASL?

What about my existing lists?

#CASL

Express Consentobtained?

Why not just get express

consent?

JULY

2 0 1 7

1End of grace period for

garnering express consent from existing lists.

What is CASL?

What’s wrong with this picture?

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Whose list are you signing up for?

This is “opt-out” not “opt-in.”

Can you ever unsubscribe?

How would you contact the business?

#CASL

What is CASL?

What’s right with this one?

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You know whose list you’re signing up for.

Subscriber has to opt-in to the mailings

they’ll receive.

Contact information is easy to find.

ServeCSA.org | 92A Summer Street | Cooksville, ONBy submitting this form, you’re granting: ServeCSA.org, 92A Summer Street, Cooksville, ON (www.servecsa.org) permission to email you. You can revoke permission to mail to your email address at any time using the SafeUnsubscribe™ link that is found at the bottom of every email. We take your privacy seriously (to see for yourself, please read our Email Privacy Policy). Emails are serviced by Constant Contact.

Fine print makes unsubscribe option and

process very clear.

http://www.servecsa.org/

http://www.constantcontact.com/safesubscribe

http://www.constantcontact.com/safesubscribe

http://www.constantcontact.com/legal/privacy-policy

What is CASL?

Not all addresses are gathered online…

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• Point of sale

• Auction tables at fundraiser

• Conference table visitor lists

• Table-side comment cards

• Others?

#CASL

Yes

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What is CASL?

When does CASL apply?Is the message

electronic?

Was the messagesent by:

TextVoiceVideoImageEmail

Do you and the recipient have a

personal or family relationship?

Do you have a “personal

relationship” or“family relationship”with the recipient?

Is the message sent from or received by a computer system in

Canada?

Is the message sent from a computer system located in Canada or is the

message accessed by a computer system located in Canada?

Is the communication considered

“commercial activity”?

Commercial activities include any

transaction or regular course of conduct,

including not-for-profit activities.

No

Out of Scope Is not subject to CASL

CASL Applies

In Scope

Yes

No

No

No

Yes

Yes

#CASL

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What is CASL?

What happens if I don’t comply?

Up to $1 million in finesSole Proprietors

Up to $10 million in finesCorporations

#CASL

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What is CASL?

Key dates to keep in mind…

#CASL

JULY

2 0 1 4

1CASL goes into effect

Start collecting and tracking Express Consent for all new contacts

Plan how you will clean up your existing list

JULY

2 0 1 7

1‘Grace’ period for CASL compliance expires

Private Right of Action enacted


#CASL

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CASL and US Companies

When does CASL apply to US companies?

#CASL

• 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-SPAMvs.

#CASL

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CASL and Nonprofits

What about…

#CASL

• 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


#CASL

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What you should do to prepare.

1. Review your email addresscollection methods.

#CASL

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 futureelectronic 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

continue to use business card drops – just make sure you follow parameters of CASL

Don‘t forget the fishbowl

Be upfront – manage expectations – promote the benefits of your Newsletter!

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1. Review your email addresscollection methods.

#CASL

In order to obtain express consent when collecting email addresses – online and offline – make sure you can answer yes to the following questions:

Yes No

Does your sign-up form have clear and obvious language asking for permission to send the contact future electronic messaging? Does your sign-up form clearly identify the person, business or organization asking for the consent? Does your sign-up form contain a valid mailing address and either a telephone number, email address, or web address? Does your sign-up form indicate that there will be a mechanism for people to unsubscribe at any time?


Once you obtain express consent, it is good forever or unless someone opts out.

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How do I get Express Consent?In order to obtain express consent when collecting email addresses – online and offline – make sure you can answer yes to the following questions:

Yes No

Does your sign-up form have clear and obvious language asking for permission to send the contact future electronic messaging? Does your sign-up form clearly identify the person, business or organization asking for the consent? Does your sign-up form contain a valid mailing address and either a telephone number, email address, or web address? Does your sign-up form indicate that there will be a mechanism for people to unsubscribe at any time?


Once you obtain express consent, it is good forever or unless someone opts out.

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2. Obtain Express Consent

#CASL

• Begin taking steps to re-confirm their opt-in

For yourexisting contacts

?

• Start asking for express consent now…you’ll need it eventually, so why wait?

For allnew contacts…

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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.

SouthSideBikes.com | 14 Main Street | Cooksville, ON You're receiving this email because you provided South Side Cycling, 14 Main Street, Cooksville, ON (www.southsidebikes.com) permission to email you. You can revoke permission to mail to your email address at any time using the SafeUnsubscribe™ link that is found at the bottom of every email. We take your privacy seriously (to see for yourself, please read our Email Privacy Policy). Emails are serviced by Constant Contact.

Clearly identify the email service provider.

Make it easy for people to unsubscribe at any time.

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When a contact comes in through one of the methods listed below, they will be tracked and documented as “express” consent within Constant Contact:

Website sign up form

Soft confirm link used in your permission reminder

Update profile email

Confirmed opt-in email

Note that once you send this confirmed opt-in email you will not be able to send to those contacts again until they have confirmed their subscription. If they don’t confirm, you will not be able to send them emails in the future.


How Constant Contact helps

#CASL

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How Constant Contact helps

#CASL

When you export your contacts to a .csv file, additional data will be included allowing you to track express vs. implied consent within Constant Contact:

Permission status (implied vs. express)

Email status (active, unsubscribed, confirmed, etc)

Date of confirmed opt-in (if the link/confirmed opt-in email is used)

NEW!


#CASL

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These are email marketing best practices!

#CASL

Improvedopen rates

FewerSPAM reports

Opportunities todo more business!

CASL and LinkedIn

CASL and Facebook

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CASL and 1:1 Email

The BlueBird CASL Audit

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• Review of your email procedures• Analyze your existing email list• Determine the level of consent• Review your use of Social Media

channels• Review your newsletter signup form• Review your newsletter design• Review ways to grow your email list• 30 minute telephone consultation• A helpful CASL checklist as a reference

Peace of mind for $97

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BlueBird Offers until July 31http://businessbluebird.com/services/email/

Free Campaign Creation (branding match) 50% off the first month BlueBird CASL Audit Ebook – Grow Your List

$400

http://businessbluebird.com/services/email/

© Constant Contact 2014 44

More questions?Call one of our specialists to review CASL and ensure you’re in compliance.

866-433-8499

#CASL

Trying to keep it straight?Use our checklist!Coming soon in ourfollow-up email.

Want to learn more?

www.constantcontact.com/casl

Constant Contact’s CASL Resource Center

fightspam.gc.ca

Canada’sCASL Website

Download - CASL Webinar July 9th

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