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Grow Your List Under Canada Anti-Spam Legislation (CASL) : Practicing Permission Marketing Constant Contact 2014
Melanie Martin Sole Proprietor, Webrite Design Solutions Authorized Local Expert, Constant Contact email: melanie@webrite.ca Twitter: @melaniemartin29 Constant Contact 2014 3
Disclaimer: Consult with your lawyer! 4
Agenda What is CASL and some key terms Considerations for US companies & Nonprofits What to do to make sure you re compliant 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 5
What is CASL? CASL for US companies and Nonprofits What to do to comply with CASL It s about more than just the law
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. 7
What is CASL? It s all about consent Consent Express Consent Implied Consent permission from a contact that a business may send them communications 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. 8
What is CASL? How do I get Express Consent? 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 address, website address or phone number Once you obtain express consent, it is good forever or unless someone opts out. 9
What is CASL? 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). SIGN Business cards exchanged at a conference. Customer made a purchase or a supporter made a donation. Entered into a written or electronic contract 10
What is CASL? A note about Implied consent. Initial consent begins Two Year Window Consent renewal required 11
What is CASL? What about my existing lists? Express Consent obtained? JULY Why not just get express consent? 2017 End of grace period for garnering express consent from existing lists. 12
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? 13
What is CASL? What s right with this one? You know whose list you re signing up for. 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. Subscriber has to opt-in to the mailings they ll receive. Fine print makes unsubscribe option and process very clear. Contact information is easy to find. 14
What is CASL? Not all addresses are gathered online Point of sale Auction tables at fundraiser Conference table visitor lists Table-side comment cards Others? 15
What is CASL? What happens if I don t comply? Sole Proprietors Corporations Up to $1 million in fines Up to $10 million in fines 17
What is CASL? Key dates to keep in mind JULY JULY 2014 2017 CASL went into effect Need to be collecting and tracking Express Consent for all new contacts Be working on cleaning up your existing list from before CASL went into effect Grace period for CASL compliance expires Private Right of Action enacted 18
What is CASL? CASL for US companies and Nonprofits What to do to comply with CASL It s about more than just the law
CASL and US Companies CASL vs. CAN-SPAM 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. 21
CASL and Nonprofits What about Charitable Orgs & Non-Profits Political Parties or Candidates It does apply Exception: for messages of a fundraising nature It does apply Exception: If the primary purpose of the CEM is to solicit a contribution 22
What is CASL? CASL for US companies and Nonprofits What to do to comply with CASL It s about more than just the law
1. Review your email address collection methods. What you should do to prepare. When collecting email addresses online and offline make sure you can answer yes to the following questions: Does your sign-up form have clear and obvious language asking for permission to send the contact future electronic messaging? 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 clearly identify the person, business or organization asking for the consent? Yes No Does your sign-up form indicate that there will be a mechanism for people to unsubscribe at any time? Yes No Do you have a process in place to document this consent? Yes No Reminder: once you obtain express consent, it is good forever or unless someone opts out. 24
What you should do to prepare. 2. Obtain Express Consent For all new contacts For your existing contacts Ask for express consent upfront you ll need it eventually, so why wait? Begin taking steps to re-confirm their opt-in? 27
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. Make it easy for people to unsubscribe at any time. Clearly identify the email service provider. 28
How Constant Contact Helps 29
Tools for obtaining consent 1. CASL Confirm Subscription Template 2. Website sign-up form and all website sign-up pages within CTCT where new contacts join an email list 3. Update Profile form 4. Permission reminder with soft confirmation link When a contact gives consent through one of the methods listed above they will be tracked and documented as express consent within Constant Contact. 30
Tools to document consent 1. Advanced Email Permissions allows UI view of consent status 2. Select advanced contact fields for file export 1. Permission status (implied vs. express) 2. Email status (active, unsubscribed, confirmed, etc.) 3. Date of confirmed opt-in (if the confirm subscription link or confirmed opt-in email is used) 3. Allow users to specify implied or express permission on file import 31
CASL Resources All assets live on our CASL Resources page www.constantcontact.com/casl Access to Account Review specialists Product features supporting CASL CASL Checklist Video Series of blog posts Webinars FAQs 32
What is CASL? CASL for US companies and Nonprofits What to do to comply with CASL It s about more than just the law
These are email marketing best practices! Improved open rates Fewer SPAM reports Opportunities to do more business! 34
More questions? Call one of our specialists to review CASL and ensure you re in compliance. 866-433-8499 Trying to keep it straight? Use our checklist! http://img.constantcontact.com/docs/pd f/casl_checklist.pdf Hear this presentation again: http://blogs.constantcontact.com/event/ get-ready-casl-constant-contact/ Want to learn more? Constant Contact s CASL Resource Center www.constantcontact.com/casl Canada s CASL Website fightspam.gc.ca Constant Contact 2014 35
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