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How the Canadian Anti-Spam Legislation CASL Affects Email Surveys
- 1. What You Need to Know About CASL & Surveying Respondents by Email How CASL Affects Your Email Surveys
- 2. Agenda • Who we are • CASL intro • Does CASL affect you? • What CASL means for your research • Our solutions to comply with CASL • Conclusion
- 3. Who we are
- 4. Before we start…. Please do not take this as legal advice.
- 5. What is CASL? ● Canadian Anti-Spam Legislation ● Took effect on July 1st 2014 ● New regulations on commercial electronic messages to an electronic address
- 6. Has a business offer. Promotes or advertises a business offer. Promotes a person who has something to do with the offer. And…it is sent to an electronic address.
- 7. Commercial Electronic Message To send these, you must have: Expressed consent OR Implied consent
- 8. To: Customer Subject: Special Offer We have an amazing sale for you this week only! Enter the discount code SPECIALDEAL and receive 20% off your next purchase of $50 or more! To: Prospective Customer Subject: What’s new? Here are the latest updates on news for your city: http://citynews.com. By the way, are you interested in renting a car this weekend? Get your car rental here.
- 9. Does CASL affect you? Do you send electronic commercial messages? And do you send this in or from Canada?
- 10. Does CASL affect you? If you answered yes, CASL could affect you.
- 11. CASL Exemptions • Registered charities may send CEMs to raise funds. • Political organizations may send CEMs to get donations. • Emails to family and friends. • Surveys for legitimate research purposes.
- 12. The Grey Area ● Where do incentives fall? ● General consensus among experts is to follow CASL for these cases.
- 13. Key CASL Provisions: This new law will prohibit*: ● Sending unwanted electronic communication without consent. ● False or misleading representation online communication. ● Harvesting email addresses. ● Altering transmission data without express consent *This list is not exhaustive. More information, see http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html.
- 14. Expressed Consent • If obtained before July 1 2014, it is valid until the recipient withdraws consent. • Otherwise, it does not expire. • To get Expressed Consent – fully inform recpients and have a clear ask.
- 15. Implied Consent Existing business relationship • Bought or inquired about a good or service. Existing non-business relationship • Membership, association, charity, political party • Recipient’s email is considered conspicuous
- 16. Implied Consent For lists before July 1st 2014 – you have 36 months to get expressed consent. For lists after July 1st 2014 – you have two years to get expressed consent.
- 17. Key “Don’t’s” and “Do’s” Don’t... ● Buy lists where consent isn’t confirmed. ● Scrape social media for emails. ● Send unwanted content. ● Contact customers who haven’t purchased in >2yrs or requested info in >6 months. ● Email people with no consent asking for expressed consent after July 1st 2014. Do... ● Find out what country your customers are from. ● Track CRM info like last purchase date, etc. ● Have an “opt-out” mechanism. ● Make subject lines and link text clear. ● Clearly identify yourself. ● Include current contact information. ● Have an email policy on your site separate from terms & conditions.’ ● Seek to get expressed consent from new and existing contacts.
- 18. Solutions to comply with CASL 1. Use features available in your survey software 2. Buy respondents through panel companies 3. Look at new ways of collecting online feedback
- 20. Solution #2: Cint Panels ● Double opt-in ● Opt-out mechanism ● Clear contact information
- 22. Summary ● Who we are ● CASL intro ● Does CASL affect you? ● What CASL means for your research ● Our solutions to comply with CASL ● Conclusion
- 23. Q&A time
- 24. More Information Visit these sites: ● Government of Canada: www.fightspam.gc.ca ● CRTC: www.crtc.gc.ca/eng/casl-lcap.htm ● Industry Canada: www.ic.gc.ca/eic/site/cb-bc.nsf/eng/03390.html ● Office of the Privy Commissioner of Canada: www.priv.gc.ca/resource/op-vpel/spam_index_e.asp
- 25. Contact us For CASL related questions: shannon@fluidsurveys.com For technical support: support@fluidsurveys.com
- 26. Thank You!
Editor's Notes
- *mention how there are lots of ppl on webinar, from various countries* *audio check* Welcome to our webinar on CASL and how it affects your email surveys. In this 45 minute webinar, we’ll cover the key elements of CASL as they relate to email surveys. We will not cover aspects of CASL that deal with malware, computer program functions, or SMS.
- What we will be covering is: 1. Who we are - for the new people joining us today 2. What is CASL 3. Finding out if CASL affects you 4. If it does affect you, how? In this part we’ll go over how your recruitment strategy will change, and what you need to have in your email content, as well as some quick “do’s” and “don’t’s” 5. Finally we’ll unveil 3 ways you can successfully abide by CASL while collecting feedback from your target audience online.
- Fluidware, makers of FluidSurveys, FluidReview, and Pulse. As a data collection company, we see first hand the impact of email law changes on our users.
- Please Note: Our webinar provides plain language information about the law but is not a substitute for the law itself. You are strongly advised to review the government sources listed at the end of this webinar, and seek your own legal advice regarding how to comply.
- What is CASL: Very recently, a new anti-spam law was passed in Canada. it may impact you and how you use FluidSurveys or send email surveys in general. CASL has noble intentions: it’s designed to stem the tide of spam and prohibit phishing, malware and the other irritations of the internet age. CASL took effect on July 1 2014, and Private right of action - meaning individuals or corporations can bring a lawsuit to court - will start July 1 2017. New regulations on commercial electronic messages to an electronic address
- What is a commercial electronic message? (a) Has an offer (b) Advertises/promotes an offer (c) Promotes a person who has something to do with the afforementioned offers And of course, it must be sent to an electronic address. This means a social media post or blog is not considered a CEM. *Activity does not need intent.
- If “one of the purposes” is to encourage commercial activity*, it is considered CEM. (a) Has an offer (b) Advertises/promotes an offer (c) Promotes a person who has something to do with the afforementioned offers *Activity does not need intent.
- Let’s do a quick test to see if you can spot a CEM. Which one of these are a commercial electronic message? Enter in A for email 1, B for email 2, C for all of the above, and D for none of the above. The answer is actually C, all of the above. That is because a message is considered a CEM even if the “commercial activity” is second or third purpose of the email.
- With some of the strictest regulations and highest fines (up to $1M for individuals and $10M for businesses), it’s important to know if CASL affects you.
- For non-business relationships, for memberships the person must be a member, and for charities and political organizations, the person must have sent a gift, donation, or volunteer work. Also, if the person’s email is conspicuous online, and their email address is not followed by a “do not contact me”, then you have implied consent.
- If someone doesn’t buy from you in 2 years, or requests information from you in 6 months, then implient consent is no longer valid. It would also be no longer valid if the user unsubscribes. To get expressed consent from people with implied consent, you can do this a number of ways depending on your business: in person, through email, a survey, or on your website. (http://www.chamber.ca/resources/casl/FAQs_about_CASL.pdf)
- How to email respondents while complying with Canada’s anti-spam laws. Changes to how you find respondents Do not buy lists Do not scrape websites (manually or electronically) for emails - Friending or following, or being on the same social network, does not constitute a personal relationship and is considered spam. Only email respondents who have consented to receive that kind of content from you This means if you collected email addresses from a fish bowl at an event, then you can not email these respondents because they did not agree to be emailed surveys. They probably just wanted to win a prize. Send CEMs to those who haven’t purchased in >2yrs or sent a request to you in >6months Updates you need to make to your site, terms of service, and emails Add an “opt-out” mechanism of your survey invite email Make sure subject lines and link text are clear Be sure to clearly identify yourself (this includes affiliates) (if all this information does not fit inside the email body, you are permitted to add a link to this information.) Add your current contact information to the footer of the email (must be valid for 60 days after sending email) On your site, have a separate opt-in for your email communications (don’t pre-check these boxes as that is implied and not expressed consent)
- Solution #1: Let’s hop into FluidSurveys so I can show you options most survey softwares should have to let you safely send emails. 1. Once your survey is ready to send, you can click to the “Invites” tab. 2. We have the default text set up and the customization options for you to fully comply with CASL. 3. Edit the sender email. 4. Edit the subject line - this should clear state the purposes of the email and not be misleading 5. You can edit the survey link to make sure it is clear what the user will be clicking on. 6. Click the customize footer message - you can see that we include automatically an unsubscribe option. 7. This is also where you can add you current address. If you’re an affiliate, you would include your information and the information of the company you’re representing. If there if not enough room to write all this information, you’re permitted to have a link. 8. When a user unsubscribes, there is no more action that you have to take. You can delete them, but they will automatically be filtered out of any email you send to that group.
- Solution #2: Buy respondents with Cint or other panel companies. Cint has a double opt-in process that exceeds the requirements for “expressed consent” as defined by CASL. Cint has an opt-out link in every single survey invitation. Therefore, if a panelist no longer wants to take surveys, they can easily click the link and opt out of the panel. All survey invitations have Cint’s logo and any panel partners’ branded logo as well. In addition to that, Cint has a contact email address in each invitation (as well as in the survey itself) so that panelists can contact Cint with any questions.
- Solution #3: For our third solution, we’re going to look at new ways of collecting online feedback that doesn’t involve sending emails. As you may or may not know, here at FluidSurveys we just launched a new product called GetPulse to solve the issues of “inbox uncertainty”. This increase in laws and hypersensitive inbox settings were affecting our customers from successfully reaching respondents. So here we have the exact same survey that we were sending out via email that is now going to instead appear directly on our website instead. The great thing about this is that we’re getting feedback directly from users using our site, without needing email addresses, while making sure that the feedback is coming from people who are qualified - i.e we know it’s from people who have been on our site recently and their opinion of us is top of mind. When the user logs into my site, I can show the survey and take action immediately. If the user is a promoter, I ask them for a review. If they are a detractor, I follow up with an email. If you think this could be an asset to your research program, sign up for free at getpulse.com.
- To summarize, today we covered a lot, basically the gist of it is: CASL is meant for commercial electronic messages, so legitimate research is exempted; however, if soliciting business is “one or any goal” of the survey invite/contents, or you are using incentives, then you should follow CASL. -be clear, be considerate, be accountable