AM Graphic Design Co
EFFECTIVE APRIL 2023
Introduction
AM Graphic Design Co. (hereinafter referred to as “we,” “us,” or “our”) is committed to complying with the Canadian Anti-Spam Law (CASL) and protecting the privacy of our clients and users. This policy explains how we collect, use, and disclose electronic contact information, and how we obtain consent for sending commercial electronic messages (CEMs).
The Canadian Anti-Spam Law (CASL) is a federal law that regulates the sending of commercial electronic messages (CEMs) in Canada. The law was enacted to combat the proliferation of spam and other electronic threats, such as malware and phishing, and to promote online consumer confidence. Under CASL, a CEM is defined as any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit. This includes messages sent via email, SMS, social media, and other electronic means. In order to send a CEM, the sender must have the recipient’s consent, either express or implied. Express consent is obtained when the recipient has given clear and explicit permission for the sender to send them CEMs. Implied consent, on the other hand, is based on an existing business relationship, such as a recent transaction or inquiry. A CEM must also contain certain information, including the identity of the sender and a clear and prominent unsubscribe mechanism. The unsubscribe mechanism must be easy to use and must be processed promptly by the sender. CASL also prohibits the installation of computer programs without the consent of the computer’s owner or authorized user, and requires the disclosure of certain information in relation to those programs. In order to comply with CASL, businesses should establish and maintain a CASL compliance program, which includes obtaining consent, maintaining accurate records, including the required information in CEMs, and promptly processing unsubscribe requests. It is also important to regularly review and update the compliance program to ensure continued compliance with the law.
Application of CASL
CASL applies to any electronic message that is sent for a commercial purpose, including email, SMS, instant messaging, and social media messages. It applies to any person or organization that sends or receives CEMs in or from Canada, regardless of whether the sender is located in Canada.
Consent
Before sending a CEM to a recipient in Canada, we must obtain the recipient’s express or implied consent, as defined under CASL.
Express consent means that the recipient has given clear and explicit permission for us to send CEMs. Express consent can be obtained verbally or in writing, and must include a statement that the recipient understands that they can withdraw their consent at any time.
Implied consent means that there is a pre-existing relationship between us and the recipient that would lead a reasonable person to believe that they would want to receive CEMs from us. Implied consent can be obtained through a business relationship, such as a purchase or transaction, or through non-business relationships, such as memberships or subscriptions.
Unsubscribe Mechanism
Every CEM we send must contain an unsubscribe mechanism that is easy to use and readily accessible. Recipients must be able to unsubscribe from receiving CEMs by clicking a link or replying to the message. We will promptly process all unsubscribe requests and ensure that the recipient no longer receives CEMs.
Record Keeping
We will keep records of all express and implied consent obtained, as well as any unsubscribe requests and our response to those requests. These records will be kept for a minimum of three years and must be readily available upon request.
Anti-Spam Compliance Officer
We have designated an Anti-Spam Compliance Officer (ASCO) who is responsible for ensuring that we comply with all CASL requirements. The ASCO is responsible for developing, implementing, and monitoring our CASL compliance program, responding to complaints, and ensuring that our records are up to date.
Training
All employees and contractors who send CEMs on behalf of AM Graphic Design Co. will receive training on CASL compliance, including the requirements for obtaining consent, including the definition of a CEM, and the process for obtaining and recording consent.
Penalties for Non-Compliance
Failure to comply with CASL can result in severe penalties, including fines of up to $10 million for businesses and up to $1 million for individuals. Individuals can also be held personally liable for CASL violations.
Conclusion
AM Graphic Design Co. is committed to complying with CASL and protecting the privacy of our clients and users. We will obtain consent before sending any CEMs and ensure that our records are up to date and readily available. If you have any questions or concerns about our CASL policy, please contact our ASCO at compliance@amgraphicdesign.ca