Canada's Anti-Spam Legislation (CASL)
This document sets forth the policy of AMG and is designed to provide reasonable assurance that (i) a consistent process is followed with respect to the dissemination of commercial electronic messages to AMG clients and prospective clients in Canada, and (ii) AMG employees sending commercial electronic messages from and/or to a computer system(s) in Canada comply with the requirements of CASL.
The AMG Anti-Spam Policy (“Anti-Spam Policy”) and related procedures (the “CASL Procedures”) require that all AMG employees sending CEMs (Commercial Electronic Messages) from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada comply with CASL, and seeks to ensure that all CEMs sent by or on behalf of AMG, or using an AMG email address or using a device owned or provided by AMG, comply with CASL.
The Anti-Spam Policy describes AMG’s commitments relating to the provisions of CASL and electronic messages of a commercial nature sent to AMG clients, prospective clients, and others, as applicable. From time to time, AMG may implement additional policies, procedures and/or practices as it relates to anti-spam measures.
This Policy applies to AMG employees who may be sending CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada.
With respect to AMG’s operations, the Anti-Spam Policy has been adopted in compliance with the requirements of CASL, and AMG is committed to complying with CASL. All other AMG policies and procedures will be interpreted in a manner that is consistent with the Anti-Spam Policy and that promotes compliance with CASL to seek to deter damaging and deceptive forms of spam from occurring in Canada.
AMG obtains express, opt-in consent, unless a verifiable basis for implied consent or an exception to consent exists, before sending a CEM to anyone who has not had an existing business relationship with AMG within two years before the date on which the CEM is sent. Unless a valid documented basis for implied consent or an exception to consent exists, AMG also obtains express, opt-in consent for the sending of CEMs to AMG prospects.
The request for consent cannot be in an electronic message unless there exists a basis for implied consent to send the message. The request for consent must be sought separately within a communication (e.g. through a separate action such as affirmatively checking a checkbox) and cannot be bundled as a term of acceptance of an agreement. Verbal consent is acceptable where a record of the details of the consent is maintained in a database.
Form and Content of CEMs
All CEMs are required to comply with the form and content requirements of CASL, generally described as follows:
- identifies the sender;
- the sender’s mailing address;
- the sender’s telephone number or email address or link to a webpage; and
- an unsubscribe mechanism or withdrawal of consent from receiving CEMs from AMG and its subsidiaries and
AMG takes steps to require that any third-party service provider who sends CEMs on behalf of AMG complies with CASL.
Storage of Relationship Details
A key component of complying with CASL involves maintaining records of AMG’s relationships with clients and prospective clients.
Each business unit of AMG is required to create and maintain in the business unit’s Client Relationship Management (CRM) system (including, but not limited to, Benchmark, Salesforce), verifiable records documenting the relationships giving rise to implied consent, and verifiable records of express, opt-in consents obtained from AMG clients and prospective clients. “Clients” are defined as those organizations or individuals who have at least one open account or a contractual relationship with AMG at the relevant time. Organizations or individuals who have closed their last remaining account or terminated their contract with AMG are not considered AMG clients for purposes of this Policy.
Implied consent or express, opt-in consent is obtained in accordance with the CASL Procedures and recorded in the applicable CRM system in order to track the client and prospect relationships.
Records of express, opt-in consent and records documenting the relationships giving rise to implied consent are retained for a minimum of three years after AMG ceases sending CEMs to the AMG client or prospect.
Commercial Electronic Messages
All AMG employees sending CEMs from and/or to a computer system(s) in Canada are required to comply with this Policy and related CASL procedures and processes.
A “CEM” is defined as an electronic message that includes content (for instance, text, hyperlinks, images or attachments) that:
- promotes, offers, or advertises AMG or AMG’s products or services, or employees, or contacts;
- solicits business for AMG or AMG’s employees or contacts; and
- any other similar message that encourages participation in commercial
Examples include promotional event invitations (e.g., webcasts or AMG events), marketing newsletters, etc.
The following messages do not have to comply with the requirements applicable to CEMs:
- messages sent to AMG clients about their business;
- internal communications about AMG’s business (including communications with AMG offices outside Canada);
- legally required notices, such as messages that are sent to comply with a regulatory requirement (e.g., material changes, required account activity information, etc.); and
- responses to requests, inquiries or
Messages that AMG employees email each other internally using a device that AMG owns or provides, or using an AMG email address, should be related to AMG. AMG employees may not internally email each other offers, promotions, advertisements, or referrals unrelated to AMG business without the internal recipient’s verbal consent.
Compliance by Third Parties
All third-party contracts with service providers who may send CEMs on behalf of AMG must contain contractual clauses obligating the service provider to comply with CASL including the form and content requirements of CEMs.
CEMs that are not exempt from requirements applicable to CEMs noted above are required to include a form of unsubscribe mechanism to facilitate the withdrawal of consent or do-not-contact requests within a period of time and in a manner that would allow AMG to process that request within 10 days of the date on which the unsubscribe, withdrawal of consent or do-not-contact request was made. This information should be maintained in the applicable database that tracks the client and prospect relationships.
All emails sent by Apollo Martech Group and its subsidiaries, and employees will be compliant with CASL and will include the option to ‘unsubscribe.’
You can ‘unsubscribe’ from our Commercial Electronic Messages at any time by visiting https://apollomartech.com/unsubscribe or by emailing firstname.lastname@example.org with ‘Unsubscribe’ in the subject line.
The Anti-Spam Policy is maintained by the Compliance department of each XpertLync legal entity and will be reviewed and updated, where necessary, and approved on an annual basis. Any changes to, or exceptions from this Policy require the approval of the respective XpertLync Board or equivalent.
Review and Approvals
XpertLync Compliance is responsible for the review and revision of this Policy, subject to the approval of the respective XpertLync Board or equivalent. This Policy is subject to review on an annual basis, or otherwise as needed.
Enforcement and Audit
Compliance with this Policy, and any related procedure, may be reviewed by XpertLync at any time. Failure to comply with this Policy, as well as any associated procedures, may result in disciplinary action in accordance with the applicable Global Human Resources Disciplinary policy or procedure.