the canadian anti-spam legislation changes july 1 - take 2

Download The Canadian Anti-SPAM Legislation changes July 1 - Take 2

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The slides for today's webinar about the new Canadian Anti-Spam Legislation

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  • 1. Constant Contact 2014 Get Ready for CASL With Constant Contact BlueBird Business Consulting

2. Constant Contact 2014 Frithjof Petscheleit BlueBird Business Consulting email: Frith@BlluebirdBC.com Twitter: @BlueBirdBC #CASL 2 3. 4 Disclaimer: Consult with your lawyer! #CASL 4. 5 Yes, you will get a copy of the slides! CASL Checklist #CASL 5. 6 Agenda What is CASL and some key terms Considerations for US companies & Nonprofits What to do to make sure youre ready 1. Review email address collection methods 2. Obtain express consent 3. Ensure on-going communications have appropriate information 4. How Constant Contact helps Its about more than following the law #CASL 6. What is CASL? | CASL for US companies and Nonprofits| What to do to prepare for CASL | Its about more than just the law #CASL 7. 8 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. 8. 9 What is CASL? Its all about consent #CASL 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 9. 10 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 10. 11 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 11. 12 What is CASL? A note about Implied consent. #CASL Initial consent begins Consent renewal required Two Year Window 12. 13 What is CASL? What about my existing lists? #CASL 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. 13. What is CASL? Whats wrong with this picture? 14 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 14. What is CASL? Whats right with this one? 15 You know whose list youre signing up for. Subscriber has to opt-in to the mailings theyll receive. Contact information is easy to find. ServeCSA.org | 92A Summer Street | Cooksville, ON By submitting this form, youre 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. 15. What is CASL? Not all addresses are gathered online 16 Point of sale Auction tables at fundraiser Conference table visitor lists Table-side comment cards Others? #CASL 16. Yes 17 What is CASL? When does CASL apply? Is the message electronic? Was the message sent by: Text Voice Video Image Email 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 17. 18 What is CASL? What happens if I dont comply? Up to $1 million in finesSole Proprietors Up to $10 million in finesCorporations #CASL 18. 19 What is CASL? Key dates to keep in mind #CASL JULY 2 0 1 4 CASL 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 Grace period for CASL compliance expires Private Right of Action enacted 19. What is CASL? | CASL for US companies and Nonprofits| What to do to prepare for CASL | Its about more than just the law #CASL 20. 21 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 IPs are hosted in Canada 21. 23 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 22. What is CASL? | CASL for US companies and Nonprofits| What to do to prepare for CASL | Its about more than just the law #CASL 23. 25 What you should do to prepare. 1. Review your email address collection 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 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 24. continue to use business card drops just make sure you follow parameters of CASL Dont forget the fishbowl Be upfront manage expectations promote the benefits of your Newsletter! 25. 29 What you should do to prepare. 2. Obtain Express Consent #CASL Begin taking steps to re-confirm their opt-in For your existing contacts ? Start asking for express consent nowyoull need it eventually, so why wait? For all new contacts 26. 30 What you should do to prepare. 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. 27. 31 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 dont confirm, you will not be able to send them emails in the future. What you should do to prepare. How Constant Contact helps #CASL COMING SOON!! 28. 32 What you should do to prepare. 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) 29. 34 These are email marketing best practices! #CASL Improved open rates Fewer SPAM reports Opportunities to do more business! 30. Constant Contact 2014 35 More questions? Call one of our specialists to review CASL and ensure youre in compliance. 866-433-8499 #CASL Trying to keep it straight? Use our checklist! Coming soon in our follow-up email. Want to learn more? www.constantcontact.com/casl Constant Contacts CASL Resource Center fightspam.gc.ca Canadas CASL Website 31. CASL and LinkedIn 32. CASL and Facebook 33. 40 CASL and 1:1 Email 34. Constant Contact 2014 41 Get started today Buy now and get 50% OFF FOR 1 MONTH Promo Code: JUNE14 or start a 60-day free trial www.constantcontact.com Want to learn more? Local learning near you www.constantcontact.com Select Blog Events Want help in your area? Expert partners near you marketplace.constantcontact.com Select Services and use search box to find a partner near you. 35. 42 BlueBird Offers until June 30 Free Campaign Creation (branding match) 50% off the first month

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