This document informs you on the Anti-Spam Policy (the “Policy”) set up by Via Capitale (“Via Capitale” or “us”), as owner and operator of the ViaCom service for the transmission of e-mails (the “ViaCom Service”) offered on this site (“Website”), to ensure that the ViaCom Service be used in accordance with a spirit of respect for others and professional ethics.
This Policy applies to Via Capitale's conduct in regards to individuals or businesses which have subscribed to ViaCom Service (the “Clients” or “you”) and also to Clients’ conduct in regards to recipients of bulk e-mails transmitted through the ViaCom Service (the “Recipients”).
What is meant by “spam”?
The new Canadian anti-spam Act (CASL) defines "spam" as unsolicited commercial electronic messages" and prohibits the sending of a commercial electronic message unless the person to whom the message is sent has provided an express or implied consent to receive it.
The message must also comply with the prescribed form and must therefore contain the information identifying the person who sent it and on whose behalf it was sent, along with information allowing to communicate easily with one or the other of these persons. The recipient must be able to easily unsubscribe from the communication and the sender shall respond within ten working days.
For more information, please see our section: Details on Canadian anti-spam Act (CASL)
We adopt a zero tolerance approach towards the transmission of unsolicited e-mails or spam via our network. The transmission of unsolicited e-mails or spam is strictly prohibited. We require from our Client the voluntary subscription (opt-in) of Recipients to their e-mail transmission lists before any bulk transmission of e-mails to Recipients via the ViaCom Service can take place, except in cases of implied consent as provided under CASL.
Outside those contingencies, any e-mail transmitted by a Client to a Recipient shall be considered by Via Capitale as “spam” or unauthorized e-mail. Violation to this Policy leads to serious penalties. Via Capitale may suspend or put an end to the service immediately upon being informed that a violation of this Policy took place. Depending on the nature and extent of the prejudice caused by the illegal conduct, court action may be taken against the Client.
1) WHAT ARE THE APPLICABLE RULES?
Via Capitale abides and, requires that its Clients comply with the requirements of CASL and any other law or regulation applicable to online marketing or content of commercial messages. In particular CYBER GENERATION complies and demands from its customers to abide to the following basic rules regarding the Recipients:
Preliminary Subscription Step: An express, informed and prior consent of each Recipient shall, wherever possible be sought by the Client of the ViaCom Service before proceeding with a bulk e-mail transmission containing commercial messages (e.g. information bulletin, participation in a contest, promotional offers for products or services, etc.).
For example, the consent given by a Recipient via an electronic form plainly visible on your website, may constitute an express consent. The electronic subscription form shall feature a check box to be checked by the Recipient to express his voluntary adherence to the transmission list and not display a box already checked.
Except seeking an express consent, an implied consent of the Recipient to receive commercial messages may be sufficient within the specific cases and time period provided by CASL.
For example, CASL provides that an implied consent by Recipient can be assumed in cases where there is an "existing business relationship" as the sale of goods or services between the sender and Recipient, for which implied consent is presumed to continue for a subsequent period of two years. Similarly, the Act assumes an implied consent for a period of six months following a request for information by the Recipient to the sender, even if no sale or business relationship follows.
Other specific exceptions are provided by law. Thus, if the Recipient has conspicuously published its email address, for example on a commercial Web site, without specifying that it should not be used to receive unsolicited commercial electronic messages, the address may be used for messages related to his work or his business. This exception also applies when the recipient has provided his email address to the sender without any statement indicating that he does not want to receive unsolicited commercial electronic message and the message is related to his work or his business. An implied consent may also result from a « private relationship » as defined under the Act.
We recommend that you visit our section: Details on C-28: Canadian anti-spam Act (CASL) which shows the various cases of implied consent. However you remain responsible to read for yourself CASL requirements especially to identify situations of implied consents and their applicable conditions as CYBER GENERATION does not bear any liabilty nor damage regarding the accuracy or completeness of the informationnal content posted online regarding the requirements of CASL.
Preservation of proof of consent: CASL requires that the sender must be able to demonstrate that he had obtained an express consent of the Recipient to send commercial messages or that the sending was part of a case of implied consent. So you must keep the proof of any express consent obtained electronically or in paper form, at any time.
For Recipients who will not provide their express consent, it is important that you keep for your records the information necessary to show that an implied consent applies. Also, you should take advantage of the time period that an implied consent is presumed by the Act to require the Recipient's express consent to the continuation of your electronic mailing otherwise you shall remove such Recipient from your mailing list at the end of the statutory period.
Sources and Nature of Transmission: Any bulk transmission of e-mails must identify the sender. To this end, our system is designed so as to display the name and e-mail address of the Client in every electronic message heading sent to Recipients via the ViaCom Service. The nature of the subscription shall be clearly mentioned by the Client in all his communications (news bulletin, contest, general transmission lists, etc.). The message may not cause confusion and contain a hidden subscription. For example, a subscription to a news bulletin may not be considered as acceptance of a promotional subscription transmission list.
Unsubscribe Option: Even if Recipient agrees one way or another to receive any unsolicited commercial electronic message, CASL requires that the Recipient must be able to withdraw, at no charge, from the sending of commercial electronic messages or certain categories of these, by using the same mean that was used to send the message, or, if impossible, by any other electronic means that allows him to express his will Thus, all communications sent by email through the Service ViaCom, whether a first communication or a follow-up, must contain an unsubscribe option by the Recipient, which is clearly visible and must remain functional for a minimum of sixty days and must remain functional for a minimum of sixty days.
Under CASL, sender must ensure that effect is given without delay, to an indication of withdrawal and in any event, no later than 10 business days after the indication has been sent, without any further action being required on the part of Recipient.
In the event that you receive unsubscribe requests by phone, fax or mail, Client undertakes to proceed with the withdrawal within seventy-two (72) hours from receipt of the request.
Preservation of proof of withdrawal: CASL requires that sender must be able to demonstrate that he responded to a withdrawal demand from Recipient, within the legal deadline. So it is your responsibility to preserve the proof of the unsubscribe requests you received and the processing time to which they gave rise.
Subsequent Use of E-mails and Transmission Lists: No e-mail address may be reactivated after withdrawal of a Recipient. The Client may not under any circumstances resell the lists of Recipients compiled via the Cyberimpact Service. Also, a list may not be used by other enterprises or partners than those specifically mentioned by the Client in his communications with the Recipient.
Complaints and Abuses: Clients must set up a system for the treatment of complaints that shall be fair, efficient and easy to use in regards to problems related to the transmission of e-mails via the Cyberimpact Service. Moreover, all messages transmitted must include a link entitled “Report an Abuse” leading directly to the Website.
2) HOW ARE ABUSES TREATED?
When abused Recipients click on the link “Report an Abuse” incorporated in e-mail messages sent to them, or if Via Capitale is, in any manner, informed of an actual or potential abuse by a Client, Via Capitale reserves the right, without being obliged, to verify the nature of said abuse, transmit to the faulting Client a notice to correct the default and, as the case may be, suspend the services or terminate them.
3) INDEMNIFICATION OF CYBER GENERATION
Client assumes responsibility to adopt practices and behaviors consistent with CASL or any other law or regulation applicable to online marketing or content of commercial messages.
ACCORDINGLY, CLIENT AGREES TO DEFEND AND HOLD HARMLESS CYBER GENERATION, ITS DIRECTORS AND OFFICERS OF ALL CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES THAT MAY BE INCURRED BY CYBER GENERATION), DAMAGE, JUDGMENT, PENALTY, FINE OR LIABILITY OF ANY NATURE ARISING DIRECTLY OR INDIRECTLY, OF ANY CLAIM, COMPLAINT OR RECOURSES UNDERTAKEN I) BY RECIPIENTS ARISING FROM UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES SENT BY THE CLIENT WHILE USING THE SERVICE ViaCom. OR II) BY ANY GOVERNMENTAL AUTHORITY ARISING FROM NON-COMPLIANCE WITH CASL OR ANY OTHER LAW OR REGULATION APPLICABLE TO ONLINE MARKETING OR CONTENT OF COMMERCIAL MESSAGES.
4) CAN WE CONTACT YOU?
If you have any questions with respect to this Policy, its last updates or our practices in relation to the treatment of spam or to report an abuse by a third party, do not hesitate to communicate with us by e-mail at firstname.lastname@example.org or at the following mailing address:
2550, boul. Daniel Johnson, #500
Canada H7T 2L1
(514) 287-1818 #373