Since July 1, 2014, Canada’s Anti-Spam Legislation (“CASL”) has been in effect with the intended purpose of regulating various activities, including how and when commercial electronic messages may be sent. The following policy outlines our commercial electronic messaging practices in keeping with our obligations under CASL:
1. Commercial Electronic Messages (or “CEMs”)
CASL defines CEMs as any message that has as one of its purposes encouraging participation in a commercial activity. The definition is circular, as commercial activity is defined as any conduct of a commercial character, regardless of whether the sender has an expectation of profit. Though there are some limited exceptions, most persons or businesses who send out CEMs to or from Canada must comply with the requirements of the CASL legislation, including with respect to form and content (e.g. setting out prescribed information identifying the sender and ensuring an easy, no cost unsubscribe mechanism).
2. Purposes of Sending CEMs
Our lawyers and staff provide the expertise, advice and advocacy that employers need to manage their workplace effectively in changing times. In order to meet our clients’ needs, we regularly send out CEMs in the form of legal updates, newsletters, briefings, articles, blog posts, invitations to our specialized seminars and/or webinars, as well as other information that may be of interest to you.
3. CASL Consent Requirements
In accordance with CASL, Emond Harnden will obtain either your express or implied consent prior to sending you any CEMs.
Emond Harnden typically prefers to obtain your express consent before sending out any CEMs. To that end, Emond Harnden has implemented a subscription process through its website which allows any potential recipients to expressly subscribe to some or all categories of our CEMs.
However, in certain circumstances, your consent to receive CEMs may be implied, rather than express. Your consent can and may be implied where:
- Emond Harnden has an existing business relationship with you in the sense that (a) you have purchased or leased a good, product or service from us within the past two (2) years; (b) you have made an inquiry to purchase or lease a good, product or service from us within the last six (6) months; (c) you have accepted a business or investment opportunity from us within the past two (2) years; and/or (d) there is currently a written contract in force between us and you, or has been a written contract in force between us and you that expired within the past two (2) years;
- You have conspicuously published your email address without providing a disclaimer that you do not wish to receive unsolicited CEMs and where the CEM is relevant to your business role; or
- You have disclosed your email address to us without providing a disclaimer that you do not wish to receive unsolicited CEMs and where the CEM is relevant to your business role.
Should you wish to no longer receive CEMs from Emond Harnden, you may withdraw your consent at any time by simply using the no cost unsubscribe mechanism contained within the CEMs or by contacting Emond Harnden directly at the email address provided within the CEMs to give notice of the withdrawal of your consent.
4. Exemptions to CASL Consent Requirements
There are two types of messages that are exempted from either the form/content requirements and consent requirements, or simply the consent requirements, under CASL:
- The exemption as to form/content requirements and consent requirements applies to ordinary business communications, including messages sent between businesses that have a relationship if the message relates to the recipient’s business activities, messages sent in response to an inquiry or complaint and inquiries concerning a commercial activity of the recipient; and
- The exemption as to consent requirements only applies to, for example, messages that deliver a product that the recipient is entitled to receive, messages that complete a commercial transaction, and messages that provide factual information about the ongoing use of a service offered under account. It also applies, in limited circumstances, where Emond Harnden has been referred to a recipient by a third-party who has an existing business, non-business, family or personal relationship with the recipient.
5. Challenging Compliance with this Policy
We will respond to complaints from individuals or questions about our compliance with this policy and with CASL. We will investigate and attempt to resolve all complaints.
If, however, we are unable to resolve the complaint, individuals can contact the Canadian Radio-television and Communications Commission (CRTC) at www.crtc.gc.ca or at:
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We reserve the right to change our Anti-Spam Policy at any time by posting a new Anti-Spam Policy on our website.