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These are the slides for my Webinar about the Canadian Anti-SPAM Legislation. Please find more information on this topic at http://businessbluebird.com/blog
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© Constant Contact 2014
Get Ready for CASLWith Constant Contact
BlueBird Business Consulting
© Constant Contact 2014
Frithjof PetscheleitBlueBird Business Consulting
email:Frith@BluebirdBC.com
Twitter:@BlueBirdBC
#CASL 2
3
*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.
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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.
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
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 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
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 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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What you should do to prepare.
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?
Do you have a process in place to document this consent?
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?
Do you have a process in place to document this consent?
Once you obtain express consent, it is good forever or unless someone opts out.
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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 yourexisting contacts
?
• Start asking for express consent now…you’ll need it eventually, so why wait?
For allnew 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
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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)
NEW!
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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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
© 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
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