This presentation provides an overview of the Canadian Anti-Spam Law, implications for marketers deploying inbound email campaigns to Canadians, actions that companies should consider, and how GrowthFusion can assist in the transition

1. Canadian Anti-Spam Legislation (CASL)
What You Need to Know
July 2014

2. Agenda
• Canadian Anti-Spam Legislation (CASL)
– Commercial Electronic Messages (CEM)
Governance
– Enactment and Grace Period
– Enforcement and Fines
– Exceptions for CEM
– Interactions and CEM Eligibility Summary
• Deployment Considerations
• GrowthFusion Support for CASL

3. Commercial Electronic Messages
• CASL governs commercial electronic messages (CEMs)
– Included: Email, SMS text messages, instant messages
– NOT included: phone calls, social media sites
• But cannot send a commercial message directly to someone on
Twitter or Google+, for instance
• Law prohibits the sending of CEMs that
– Change a message destination (no forwarding)
– Install computer programs
– Provide false or misleading promotion
– Collect personal information (“harvesting”)
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4. Enactment and Grace Period
• Beginning July 1, 2014,
– Express (i.e., explicit) consent and implied consent
– Express consent
• Gives verbal permission to be contacted
• Electronic request to be contacted by your company
• Check a box on a form that gives permission to be contacted
– Implied consent
• Recipient has bought something from you in the last 2 years
• Expressed interest in your company in the last 6 months
• Beginning July 1, 2017
– 3 yr grace period for implied consent ends
– Express consent required
– Individuals and businesses can file lawsuits for infractions
(beyond fines levied by the governing boards)
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5. Enforcement and Fines
• Enforcement Agencies
– Canadian Radio-TV and Telecommunications Commission
• Sending of non-compliant messages (eg, without prior consent)
– Competition Bureau
• Address false, misleading, and deceptive marketing practices
– Office of the Privacy Commissioner of Canada
• Address unauthorized personal info collected through computer
systems and web
• Fines (in effect July 1, 2014)
– $200 per email violation
– Up to $1M for individuals
– Up to $10M for businesses
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6. Acceptable Exemptions for CEM
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Exemption Definition
B2B relationship A purchase contract in the last 2 years, or an inquiry in the last 6
months constitutes as a business relationship.
Direct disclosure
(eg, tradeshows)
If a person provides direct disclosure at tradeshows and doesn’t leave
an “opt-out” note, this is considered direct disclosure. Need to have
interacted with the lead directly at tradeshows (badge scans or b-
cards).
Conspicuously
published
(eg, LinkedIn)
If an individual’s contact information is published on the internet (and
they don’t expressly say not to contact them), it is considered
conspicuously published.
Platform
(eg, TechTarget)
CEMs sent and received on an electronic messaging service are
exempt from CASL, if the sending party is identified and the platform
already provides a readily accessible unsubscribe mechanism.

7. Interactions and CEM Eligibility
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Interactions Email Phone
Marketing List purchases ✖
Sales Prospecting – Data.com or other data aggregator * ✖
Sales Prospecting – LinkedIn or public site
Inbound Inquiries: Contact Sales, Request a Demo
Events: Scanned or Bus card at a Company, Partner, 3rd Party
Events: Attended or Registered for Company, Partner, 3rd Party ✖
Third Party: express consent for contact by partners/ affiliates
Third Party: No express consent option for partners/ affiliates ✖
Website: Downloads with forms that express consent checkbox
Partner Deal Registration
* if not used in conjunction with a publically available email address

8. Recommendations for CASL
• Don’t
– Email Canadian addresses until there is process for
CASL
– Use purchased lists for Canada
• Unless you call the contacts
– Necessarily build double opt-in
• Not required for Canada
• Required for Germany so you may want to consider
– Make assumptions about consent if unsure
• Check with your legal team and governing bodies
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9. Recommendations for CASL
• Do
– Clean your contact records in your CRM systems
• Geography (complete mailing address preferred)
• Correct email address
– Get express consent
• Employ express consent on all page forms
• Ensure 3rd parties get consent to be contacted by your company
• Scan and/ or get business cards at all trade events
• Consider campaigns to get express consent from implied subscribers
– Document express and implied consent in MKTO
• Create a mail-ability segment for Canada
• Consider express (opt-in) and implied consent segments
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10. 3rd Party Subscriber – Consent
• Tech Target example
• Express or Implied?
– Statement – Express
• Meets CASL guidelines?
– NO
– Need opt-in distinct an
individual download
submission
– Unselected checkbox next
the to the express consent
statement is required
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11. Growth Fusion Support for CASL
• Employ best-practice marketing automation process and
practices to ensure CASL compliance
• Build data governance and quality processes for contacts
– Data cleansing
• Valid email address, Company physical address, Country
• Removal of invalid contacts from mailings
• Proper capture and storage of express consent
– Programs
• Express consent email programs
• CASL compliant forms
• Call programs for telemarketing and sales
• Internal education
11©2014 GrowthFusion

12. Contact Us To Learn More About Digital
Marketing Best Practices for CASL
info@growthfusion.com
(408) 702-5522
www.growthfusion.com
@growthfusion
12©2014 GrowthFusion