North Vancouver Chamber of CommerceJune 26, 2014

© Constant Contact 2014

Get Ready for CASL

© Constant Contact 2014

David Watson, P.Eng.

Online Marketing Strategist

eXtra Contact

www.extracontact.com

Business Partner / Solution Provider

Constant Contact

http://extracontact.constantcontact.com

email: dave@extracontact.com

twitter: @extracontact

#CASL

3

Business Card Draw

• PDF of Today’s Presentation

• Other great links to resources

Business Card

EngagementMarketing BookAnd a Copy of

Today’s Presentation via Follow-up Email.

Yes, you will get a copy of the slides via email!

• CASL Checklist• CASL resource links• Grow a Compliant List

#CASL 5

Agenda

What is CASL and some key terms

Considerations for US companies & Nonprofits

What to do to make sure you’re ready

1. Review email address collection methods

2. Obtain express consent

3. Ensure on-going communications have appropriateinformation

4. How Constant Contact helps

It’s about more than following the law

#CASL 6

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

What is CASL?

What is CASL?

Canadian Anti-Spam Legislation

A regulatory framework for permission-based marketing, including email

marketing, social media marketing, text, and other electronic messaging.

#CASL 9

What is CASL?

It’s all about “consent”

permission from a contact that a

Consent business may send them

communications

Express Consentclear permission, obtained electronically,

orally or in writing; contact may have

asked to receive emails

consent that is inferred based on

Implied Consent actions, such as having an

existing business relationship.

#CASL 10

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.

Must include mailing address and

one of the following: email

#CASL 11

address, website address or

phone number

A note about Implied consent.Implied consent is inferred based on actions, such as having an existing business relationship (making a purchase or donation, for example).

What is CASL?

Customer made a purchase or a supporter

made a donation.

Business cards exchanged at a conference.

Entered into a written orelectronic contract

SIGN

#CASL 12

What is CASL?

What about my existing lists?

Express Consent obtained?

Why notjust getexpressconsent?JULY

2 0 1 7End of grace period for

garnering express consent from existing lists.

#CASL 13

What is CASL?

A note about Implied consent.

Initial consent begins

Consentrenewalrequired

#CASL 14

Two YearWindow

Yes

What is CASL?

When does CASL apply?Is the message

electronic?

Was the message sent by:

Text Voice Video Image Email

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 29

What is CASL?

What happens if I don’t comply?

Sole Proprietors Up to $1 million in fines

Corporations Up to $10 million in fines

#CASL 16

Disclaimer:Consult with your lawyer!

#CASL 1

7

What is CASL?

Key dates to keep in mind…

JULY

2 0 1 4

CASL 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

‘Grace’ period for CASLcompliance expires

Private Right of Action enacted

#CASL 18

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

CASL and US Companies

When does CASL apply to US companies?

• 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

#CASL 20

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)

• $200 per email violation

• $10 million (corporations)

Fines per violation up to $16,000

Must clearly identify the sender and must contain an

unsubscribe mechanism.

#CASL 21

CASL vs. CAN-SPAM

CASL and Nonprofits

What about…

Charitable Orgs• It does apply

• Exception: for messages of a

fundraising nature& Non-Profits

purpose of the CEM is to solicit

a contribution

• It does apply

Political Parties • Exception: If the primary

#CASL 22

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

What you should do to prepare.

1. Review your email address collection methods.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 future

electronic 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?

#CASL 28

Yes No

What you should do to prepare.

2. Obtain Express Consent

For yourexisting contacts

• Begin taking steps to re-confirm

their opt-in

?

• Start asking for express consent

now…you’ll need it eventually,

so why wait?

For allnew contacts…

#CASL 38

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

What you should do to prepare.

How Constant Contact helps

MORE

COMING SOON!!

#CASL 33

What you should do to prepare.

How Constant Contact helpsWhen 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)

#CASL 34

32

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.

eXtraContact.com | 604-985-3283 | 1155 Linnae | North Vancouver, BC

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 atany time using the SafeUnsubscribe™ link that is found at the bottom of every email. We take your privacyseriously (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.

What is CASL?

What’s wrong with this picture?

#CASL 29

What is CASL?

What’s wrong with this picture?

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 30

What is CASL?

What’s right with this one?

18

You know whose list

you’re signing up for.

Subscriber has to

opt-in to the mailings

they’ll receive.

(NO pre-checked

boxes)

Contact information is

easy to find.Fine print makes

unsubscribe option and

process very clear.

What is CASL?

What’s right with this one?

18

You know whose list

you’re signing up for.

Su

bscriber 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 theSafeUnsubscribe™ 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…

• Point of sale

• Auction tables atfundraiser

• Conference tablevisitor lists

• Table-side commentcards

• Others?

#CASL 19

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

These are email marketing best practices!

Improvedopen rates

FewerSPAM reports

Opportunities to

#CASL 36

do more business!

Halfmoon Yoga

B•B•Q

Build Your Marketing ToolkitA framework for small businesses

and organizations.

© 2014

5

Grow with Constant ContactGet results fast, with affordable, easy-to-use

engagement marketing tools and free coaching.

Offers& Promotions

Events& Registrations

Newsletters& Announcements

Feedback& Surveys

© Constant Contact 2014 39

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?

Constant Contact’s CASL Resource Center www.constantcontact.com/casl

Canada’s CASL Website

fightspam.gc.ca

eXtra Contact

– We make things easy

Constant Contact – Try for 60 Days:

http://extracontact.constantcontact.com

Ask about a FREE Template Design

OR 50% off your first month

eXtra Contact Consulting – Telephone/Live

consulting on CASL / email strategies /

Constant Contact review

David Watson, P.Eng.

Online Marketing Strategist

eXtra ContactPlatinum Solution Provider

Constant Contact http://extracontact.constantcontact.com

604-985-3283

dave@extracontact.com

extracontact

@extracontact