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

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

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Disclaimer:
Consult with your lawyer!
#CASL

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Yes, you will get a copy
of the slides!
• CASL Checklist
#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 ready
1. 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

7. 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 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

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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 Consent
obtained?
Why not
just get
express
consent?
JULY
2 0 1 7
End of grace period for
garnering express consent
from existing lists.

14. What is CASL?
What’s 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

15. What is CASL?
What’s right with this one?
15
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, ON
By 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.

16. 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

17. 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

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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
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

20. 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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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 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

23. 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 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

25. 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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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
now…you’ll need it eventually,
so why wait?
For all
new contacts…

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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.

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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.
What you should do to prepare.
How Constant Contact helps
#CASL
COMING SOON!!

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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)

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These are email marketing best practices!
#CASL
Improved
open rates
Fewer
SPAM reports
Opportunities to
do more business!

31. © Constant Contact 2014 35
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 our
follow-up email.
Want to learn more?
www.constantcontact.com/casl
Constant Contact’s
CASL Resource Center
fightspam.gc.ca
Canada’s
CASL Website

34. CASL and LinkedIn

35. CASL and Facebook

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CASL and 1:1 Email

37. © Constant Contact 2014 41
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