Canada’s Anti-Spam Legislation (CASL)

What is CASL?

CASL is Canada’s Anti-Spam Legislation, took effect July 1^st, 2014.  It prohibits the transmission of commercial electronic messages (CEM’s) sent within, from or to Canada unless the recipient has provided their consent (express or implied).

CEM’s include email, text and instant messaging (among other forms, see ‘CASL Definitions and Procedures – CEM’s’).

How does CASL affect me?

All Farrow employees who send CEMs must evaluate and confirm consent of each contact (if not a current client).

This will impact prospecting procedures for the sales team, including managing contact lists and performing follow up communications using any form of CEM.

Procedures and Training on contact/consent management will be provided via webinar and through word document help guides (see ‘CASL Definitions and Procedures’).

How do I manage CASL in my daily practices?

Salesforce will be used as the main repository for contacts.  Custom fields for ‘Consent Type’, ‘Consent Date’ and ‘Last Activity’ will be visible on all contact/lead pages, and used to confirm consent before transmission of CEMs.

What are my day-to-day Responsibilities to ensure CASL compliance?

i) Before sending any CEM, access the contact record in Salesforce to confirm Consent

ii) Update all prospect contact information in Salesforce including consent type/date

iii) Include New Farrow Footer in any CEM you send

What resources are available to me?

CASL Definitions and Procedures (Help guide)

• Includes key examples of consent types and exceptions, also how to ask for express consent when speaking with a prospect.

Farrow Privacy and Anti-Spam Procedure (available via RAFNET).

Unsubscribed: The contact has asked to be removed from any CEM mailing lists, and should not be contacted for commercial or marketing purposes

Personal Relationship:

• Voluntary two-way communication at any point in the past, whether or not they have met in person,
• family member descending from a common grand parent,

Contact & Consent Management in Salesforce Best Practices:

i) All contacts should be stored in Salesforce to allow for proper consent management. The following fields are used for this purpose:

• ‘Consent type’ – the type of consent obtained (express, implied or unsubscribed)
• ‘Consent role’ – lists whether the contact is a current client, prospect or a subscriber to our monthly news
• ‘Consent Date’ – original date that the contact information (electronic address) was obtained
• ‘Last Activity’ – the last activity with the contact – when their contract expired, or when their last inquiry was sent
• ‘Consent Source’ – specific source of the electronic address (e.g. Corporate website) and details specific to the source of consent (e.g. email conspicuously posted on website directory with no ‘do not contact’ disclaimer

ii) All contacts should be accessed through salesforce before sending any CEM.

• if the Consent type is Express – proceed with CEM
• if the Consent type is Implied and the consent role is:

• • Client – proceed with CEM
  • Prospect – this gives us a 6 month window for contact – evaluate ‘Last Activity’
    • If the ‘Last Activity’ date is no older than 6 months – proceed with CEM
    • If the ‘Last Activity’ date is older than 6 months – do NOT proceed with the CEM reference section iii) below
• If the Consent type is Unsubscribed – do NOT proceed with the CEM
• If the Consent type is Blank, Unknown or the contact is NOT in Salesforce – do NOT proceed with the CEM, reference section iii) below.

iii)  In situations where the contact is not in Salesforce, or the consent type is Unknown:

• Check our brokerage system and If the contact is a current client – proceed with CEM and update Salesforce
• If the contact is not a current client (not in system or contract has expired) – Do not send CEM,
• If the contact has ‘unsubscribed’ we cannot send any CEM

iv) In every CEM you must include:

• New Farrow footer (in development) – contains Farrow name, address, contact info and links to unsubscribe

Include name of any 3^rd party or affiliate used to obtain recipient’s consent.