Rules around sending electronic communications to a referral

Referring business is not new. Having rules around sending electronic communications to a referral is new.The person that makes the referral has a personal, family or existing business relationship with both the sender and the recipient. The sender is allowed to send one message to the prospect that identifies the name of the person making the referral.

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Implied Consent

  1. Existing business Can send electronic messages for a time limit of 2 years for a purchase, 6 months for an inquiry. This means you will need to convert them to expressed consent or track and remove the contact from your lists when the time period expires.
  2. Existing non-busines s registered charity donations, members of clubs and associations.
  3. Conspicuous publication If the recipient has conspicuously published their electronic address on their website or in a directory.
  4. Electronic Address provided to sender by recipient has to be relevant to person in professional business or official capacity.

How to seek express consent under CASL

  1. A very clearly and simply stated purpose statement for obtaining consent. Be up front, at the time of seeking consent. Not buried in privacy policy.
  2. Provide the ID of theperson seeking consent or person whose behalf consent is sought. Need to provide mailing address and one of: email address,web address and phone number.
  3. Provide prescribed identifying/contact information
  4. Inform individual that they can unsubscribe
  5. Ensure that the process for obtaining consent qualifies as express consent (no pre-checked boxes)

Acceptable express consent mechanisms Typing an email address into a field to indicate consent

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Posted in Cleaning Services Post Date 10/30/2019






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