Canada’s Anti-Spam Legislation Policy
|Effective Date:||May 19, 2015|
|Downloadable Version:||Canada’s Anti-Spam Legislation Policy|
|Related Procedure(s):||Canada’s Anti-Spam Legislation (“CASL”) Commercial Electronic Message (“CEM”) And Consent Procedure|
|This document is available in alternate format on request.|
The purpose of this Canada’s Anti-Spam Legislation Policy (the “Policy”) is to outline the roles and responsibilities of The Humber College Institute of Technology and Advanced Learning and the University of Guelph-Humber (herein referred to as “Humber” or “the College”) and its employees to ensure compliance with the provisions of Canada’s Anti-Spam Legislation and its associated regulations (collectively referred to as “CASL”).
This Policy applies to all full-time, part-time, contract and casual employees of Humber, and/or any other persons who represent Humber or have been given access to a Humber email account, all of whom are collectively referred to herein as “employees”.
Specifically, this Policy applies to all employees of Humber, including third parties acting on Humber’s behalf when:
- Sending electronic messages from any Humber account or Humber owned domain name for the purpose of promoting, advertising, marketing, or selling a Humber product or service or promoting Humber’s brand(s) (referred to under CASL as “commercial electronic messages” or “CEMs”);
- Receiving opt-out/unsubscribe directives to unsubscribe an electronic address from receiving future CEMs;
- Altering the transmission data of electronic messages; or
- Installing computer programs onto another person’s personal computer system (i.e. home computer) during the course of commercial activity. This includes installing malware or computer programs that the user did not consent to.
Altering transmission data: Manipulating or changing the transmission data (e.g. the electronic address in the “To:” line of an email message) so that the electronic message is delivered to a destination/recipient that is different than or in addition to that which was indicated to the sender, unbeknownst to and without the sender’s express consent.
CASL Champion: Humber employee designated within a School/Department as its primary contact in its understanding CASL.
Commercial activity: Anything of a commercial nature (e.g. an activity that promotes a product(s), good(s), or service(s) to a person(s) or encourages a person(s) to engage in the purchase of a product(s), good(s), or service(s)), whether or not there is an expectation of profit.
Commercial electronic messages (CEMs): Electronic messages (e.g. text (SMS/MMS), sound, voice or image) sent to an electronic address (e.g. email, instant messaging, telephone account, or any similar account) that, based on the message content, links, or contact information in the message, encourages participation in a “commercial activity”.
Computer program: Data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function.
Express consent: Permission that is specifically given by an individual to receive messages, which has been documented in writing.
Implied consent: Consent that can be inferred based on the nature of the service being provided, that the individual is knowingly giving permission.
Social media: Digital technologies and practices that enable people to use, create, and share content in many forms, including text, images, audio, video, and other multimedia communications. Examples include blogs, social networking websites such as Facebook, Twitter and LinkedIn, and videosharing websites such as YouTube.
Transmission data: The information about where, how, and when electronic communication is sent (e.g. the sender’s and recipient’s domain/email address/phone number, the date/time the message was sent, etc.).
Third Party: A Third Party is an entity or individual that supplies a particular service or commodity to the College. The terms third party, third party provider, service provider, affinity partner, vendor and supplier and consultant can be used interchangeably.
1. General Principals:
1.1 Sending CEMs
Every person governed by this Policy will be responsible for ensuring they meet prescribed CASL requirements for the sending of CEMs and unsubscribing an electronic address from receiving future CEMs.
All outbound CEMs will:
- Have the requisite (implied or express) consent from the recipient;
- Identify the Humber school/department sending the message;
- Include requisite Humber contact information; and
- Provide an easy method for recipients to opt out of receiving CEMs from that School/Department.
1.2 Sending messages via Social Media platforms
Direct messages via social media may only be sent if the direct message is in response to an inquiry or a question. Additionally, only Humber employees or any third parties acting on behalf of Humber who have been specifically authorized to do so may use external Social Media channels to communicate for Humber’s business purposes. Employees should consult their CASL Champion before sending messages via social media.
All employees will ensure they have prior implied or express consent to send a CEM to an electronic address, unless the CEM is exempt. Please see the CASL CEM and Consent Procedure for more information on consent requirements and exempt CEMs.
1.4 Messaging Formalities
All CEMs sent by employees (including when using third parties to send CEMs on behalf of Humber) will be sent in accordance with the requirements outlined in the CASL CEM and Consent Procedure.
1.5 Obtaining Express Consent to Send CEMs
Express consent must detail:
- The purpose for which the consent is being sought;
- The Humber School/Department requesting consent;
- The contact information of the Humber CASL Champion/contact; and
- A statement that consent can be withdrawn at any time.
Please see the CASL CEM and Consent Procedure for more information and sample templates on how to obtain express consent.
1.6 Documenting and Storing Consent
Real-time verbal consent (i.e., express consent obtained orally) and written proofs of consent must be stored by each School/Department’s CASL Champion (e.g. in spreadsheet form) for a minimum of three (3) years.
1.7 Checking for Unsubscribe
Employees will verify and respect the unsubscribe status of electronic addresses before sending any CEMs.
1.8 Honouring Unsubscribe Requests
Unsubscribe requests must be honoured within ten (10) business days of receipt and electronic mail lists must be updated accordingly.
1.9 Emails to Foreign Countries
When sending CEMs to recipients outside of Canada, Humber will comply with the requirements of CASL.
1.10 Third Party Referrals
Initial third party referral messages may be sent without consent, following a third party referral (in accordance with the CASL CEM and Consent Procedure).
2. Vendor Management:
The Office of the Associate Vice President, Administrative Services will review, as necessary, applicable vendor and third-party contracts or other related documents that include CASL-related language.
See the Vendor Management Guideline for further information.
3. Employee Training and Awareness:
The Department Head of each individual School/Department is responsible for ensuring that employees in the respective Schools/Departments receive CASL awareness training and that a CASL Champion is designated and trained within their School/Department.
CASL Champions are expected to undergo CASL training and act as first point of contact for CASL-related questions in their respective Departments/Schools. CASL Champions will be provided refresher training on an annual basis. Employees will be provided training regarding CASL as appropriate upon hiring and on an ongoing basis as needed.
The Office of the Associate Vice President, Administrative Services will be responsible for keeping the list of CASL Champions and refreshing it annually, reviewing this policy annually, sending communications through Communique, and making training available to employees.
4. Monitoring and Control:
The Office of the Associate Vice President, Administrative Services is responsible for monitoring overall compliance with this Policy. The Department Head of each individual School/Department is responsible for ensuring that their respective school/department is complying with CASL.
5. Exception Management:
Departures from this Policy require prior written approval from the Associate Vice-President, Administrative Services and will be reviewed with specific regard to assessing the impact to Humber and consistency with applicable legal requirements. All exceptions will be documented and retained for audit purposes.
BLG CASL Toolkit for Colleges Ontario
Appendix A: CASL Procedure