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CASL Webinar July 9th
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CASL Webinar July 9th

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These are the slides for my Webinar about the Canadian Anti-SPAM Legislation. Please find more information on this topic at http://businessbluebird.com/blog …

These are the slides for my Webinar about the Canadian Anti-SPAM Legislation. Please find more information on this topic at http://businessbluebird.com/blog

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  • 1. © Constant Contact 2014 Get Ready for CASL With Constant Contact BlueBird Business Consulting
  • 2. © Constant Contact 2014 Frithjof Petscheleit BlueBird Business Consulting email: Frith@BluebirdBC.com Twitter: @BlueBirdBC #CASL 2
  • 3. 3 Yes, you will get a copy of the slides! • CASL Checklist #CASL
  • 4. 6 Disclaimer: Consult with your lawyer! #CASL
  • 5. 7 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 appropriate information 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
  • 7. 9 What is CASL? What is CASL? Canadian Anti-Spam Legislation #CASL A regulatory framework for permission-based marketing, including email marketing, social media marketing, text, and other electronic messaging.
  • 8. 10 What is CASL? It’s all about “consent” #CASL permission from a contact that a business may send them communications Consent Express Consent clear permission, obtained electronically, orally or in writing; contact may have asked to receive emails consent that is inferred based on actions, such as having an existing business relationship. Implied Consent
  • 9. 11 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. #CASL Must include mailing address and one of the following: email address, website address or phone number
  • 10. 12 Implied consent is inferred based on actions, such as having an existing business relationship (making a purchase or donation, for example). What is CASL? A note about Implied consent. #CASL Customer made a purchase or a supporter made a donation. Business cards exchanged at a conference. Entered into a written or electronic contract SIGN
  • 11. 13 What is CASL? A note about Implied consent. #CASL Initial consent begins Consent renewal required Two Year Window
  • 12. 14 What is CASL? What about my existing lists? #CASL Express Consent obtained? Why not just get express consent? JULY 2 0 1 7 End of grace period for garnering express consent from existing lists.
  • 13. 15
  • 14. What is CASL? What’s wrong with this picture? 16 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
  • 15. What is CASL? What’s right with this one? 17 You know whose list you’re signing up for. Subscriber has to opt-in to the mailings they’ll receive. Contact information is easy to find. ServeCSA.org | 92A Summer Street | Cooksville, ON By 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 the SafeUnsubscribe™ 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.
  • 16. What is CASL? Not all addresses are gathered online… 18 • Point of sale • Auction tables at fundraiser • Conference table visitor lists • Table-side comment cards • Others? #CASL
  • 17. Yes 19 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
  • 18. 20 What is CASL? What happens if I don’t comply? Up to $1 million in finesSole Proprietors Up to $10 million in finesCorporations #CASL
  • 19. 21 What is CASL? Key dates to keep in mind… #CASL 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 CASL compliance expires Private Right of Action enacted
  • 20. 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
  • 21. 23 CASL and US Companies When does CASL apply to US companies? #CASL • 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
  • 22. 24 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) • $10 million (corporations) Fines per violation up to $16,000 Must clearly identify the sender and must contain an unsubscribe mechanism. CASL CAN-SPAMvs. #CASL
  • 23. 25 CASL and Nonprofits What about… #CASL • It does apply • Exception: for messages of a fundraising nature Charitable Orgs & Non-Profits • It does apply • Exception: If the primary purpose of the CEM is to solicit a contribution Political Parties or Candidates
  • 24. 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
  • 25. 27 What you should do to prepare. 1. Review your email address collection methods. #CASL 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?  Yes  No
  • 26. continue to use business card drops – just make sure you follow parameters of CASL Don‘t forget the fishbowl Be upfront – manage expectations – promote the benefits of your Newsletter!
  • 27. 29 What you should do to prepare. 1. Review your email address collection methods. #CASL In order to obtain express consent when collecting email addresses – online and offline – make sure you can answer yes to the following questions: Yes No Does your sign-up form have clear and obvious language asking for permission to send the contact future electronic messaging?   Does your sign-up form clearly identify the person, business or organization asking for the consent?   Does your sign-up form contain a valid mailing address and either a telephone number, email address, or web address?   Does your sign-up form indicate that there will be a mechanism for people to unsubscribe at any time?   Do you have a process in place to document this consent?   Once you obtain express consent, it is good forever or unless someone opts out.
  • 28. 30 How do I get Express Consent? In order to obtain express consent when collecting email addresses – online and offline – make sure you can answer yes to the following questions: Yes No Does your sign-up form have clear and obvious language asking for permission to send the contact future electronic messaging?   Does your sign-up form clearly identify the person, business or organization asking for the consent?   Does your sign-up form contain a valid mailing address and either a telephone number, email address, or web address?   Does your sign-up form indicate that there will be a mechanism for people to unsubscribe at any time?   Do you have a process in place to document this consent?   Once you obtain express consent, it is good forever or unless someone opts out.
  • 29. 31 What you should do to prepare. 2. Obtain Express Consent #CASL • Begin taking steps to re-confirm their opt-in For your existing contacts ? • Start asking for express consent now…you’ll need it eventually, so why wait? For all new contacts…
  • 30. 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. SouthSideBikes.com | 14 Main Street | Cooksville, ON 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 at any time using the SafeUnsubscribe™ 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. Clearly identify the email service provider. Make it easy for people to unsubscribe at any time.
  • 31. 33 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 Confirmed opt-in email Note that once you send this confirmed opt-in email you will not be able to send to those contacts again until they have confirmed their subscription. If they don’t confirm, you will not be able to send them emails in the future. What you should do to prepare. How Constant Contact helps #CASL
  • 32. 34 What you should do to prepare. How Constant Contact helps #CASL When 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)
  • 33. 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
  • 34. 36 These are email marketing best practices! #CASL Improved open rates Fewer SPAM reports Opportunities to do more business!
  • 35. CASL and LinkedIn
  • 36. CASL and Facebook
  • 37. 41 CASL and 1:1 Email
  • 38. The BlueBird CASL Audit 42 • Review of your email procedures • Analyze your existing email list • Determine the level of consent • Review your use of Social Media channels • Review your newsletter signup form • Review your newsletter design • Review ways to grow your email list • 30 minute telephone consultation • A helpful CASL checklist as a reference Peace of mind for $97
  • 39. 43 BlueBird Offers until July 31  Free Campaign Creation (branding match)  50% off the first month  BlueBird CASL Audit  Ebook – Grow Your List
  • 40. © Constant Contact 2014 44 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 our follow-up email. Want to learn more? www.constantcontact.com/casl Constant Contact’s CASL Resource Center fightspam.gc.ca Canada’s CASL Website