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Northside Volkswagen --  Anti-Spam Policy
 

 
 
 
 
 
 
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Anti-Spam Policy

 

Our Commitment to Compliance

 

Northside Volkswagen will ensure our staff (collectively referred to as “we”) act in accordance with Canada’s Anti-Spam legislation (“CASL”).

 

 

Relevant Definitions

 

In this policy,

“Commercial activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit, other than any transaction, act or conduct that is carried out for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defence of Canada.

 

“Commercial electronic message” (“CEM”) is an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity, including an electronic message that

(a) offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;

(b) offers to provide a business, investment or gaming opportunity;

(c) advertises or promotes anything referred to in paragraph (a) or (b); or

(d) promotes a person, including the public image of a person, as being a person who does anything referred to in any of paragraphs (a) to (c), or who intends to do so.

Note: a message requesting consent to send CEMs is itself a CEM.

WE BELIEVE THAT ALL ELECTRONIC MESSAGES SENT FROM NORTHSIDE VOLKSWAGEN ARE CEMS AND THIS POLICY IS DESIGNED WITH THAT IN MIND.

“Computer program” means data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function;

“Computer system” means a device that, or a group of interconnected or related devices one or more of which,

(a) contains computer programs or other data, and

(b) pursuant to computer programs,

(i) performs logic and control, and

(ii) may perform any other function;

“Electronic address” means an address used in connection with the transmission of an electronic message to

(a) an electronic mail account;

(b) an instant messaging account;

(c) a telephone account; or

(d) any similar account.

“Electronic message” means a message sent by any means of telecommunication, including a text, sound, voice, or image message.

 

Our Principles

 

We are committed to complying with CASL and our own best practices as outlined in this policy. No CEMs will be sent from us without prior express or implied consent unless our CASL Compliance Officers determine such message is sent pursuant to an exemption set out in CASL or the regulations made thereunder. All CEMs sent with such consent will contain all prescribed information including an unsubscribe mechanism.

The unsubscribe mechanism that we have developed can be readily performed at no cost to the recipient. We will ensure that all requests to withdraw consent are effected promptly and no later than 10 days after receipt.

We are committed to training and educating our staff to ensure all messages sent from our business are compliant with CASL and this policy.

We will monitor and periodically audit our electronic communications and our internal database to ensure our ongoing CASL compliance and that we continually improve our messaging practices.

 

Consent procedures

 

In keeping with our commitment to compliance with CASL and this policy we will not send CEMs without the prior implied or express consent from recipients unless our CASL Compliance Officers determine such CEMs are sent pursuant to an exemption under CASL or the regulations made thereunder.

Wherever possible we will strive to obtain express consent. If this is not possible we will rely on implied consent, as applicable, and the above-noted exemptions.

We will utilize the transition period to capture consent for all of our existing contacts and purge those where no express consent is obtained unless our CASL Compliance Officers determine the CEMs we will be sending to these contacts fall under an exemption or determine implied consent exists.

All reasonable efforts will be made to obtain express consent from new clients in writing. Where we cannot obtain express consent in writing we will do so orally. Oral express consents will be promptly recorded and such recording will outline, at a minimum, the stated purpose for the consent request and the date/time/nature of the communication through which the consent was obtained.

 

The Content of Our CEMs

 

All CEMs will contain our contact information (including our mailing address, telephone and fax number), a hyperlink to our website, an unsubscribe mechanism, and a link to our privacy policy.

We will ensure that our contact information remains valid for at least 60 days following the sending of CEMs.

The above-noted information is MANDATORY and tampering, altering, or removing such information is strictly prohibited.

Our staff will not use their Northside Volkswagen email accounts to send electronic messages for any outside business interest and/or purpose.

 

Our Database

We have created and will maintain a database of acceptable email addresses.

Our database was developed through collaboration with our staff. This collaboration included assembling a joint contact list which included all relevant Microsoft Outlook contacts.

We will also assemble a listing of all contacts who have withdrawn their consent which will be readily available to all of our staff.

As noted above, we will remove all contacts who have unsubscribed from our database promptly, and in any event, no later than 10 days after receipt of such request.

 

 

 

Third Parties

 

If we are required to share a client’s electronic address with any third party we will first obtain and record the client’s express consent.

Where a client’s express consent is obtained to share the client’s electronic address with a third party we will ensure that a means exists not only for the withdrawal of consent to receive CEMs from the third party but also for the withdrawal of consent to receive CEMs from us.

We will not send CEMs on behalf of another person without including a brief statement indicating that we are sending a message on such other persons’ behalf. Further we will identify the person on whose behalf the CEM is sent.

 

Installation of Computer Programs

 

Northside Volkswagen acknowledges that the relevant sections of CASL prohibiting the installation of computer programs on another person’s computer system in the course of commercial activity come into force January 15, 2015. In order to install or direct the installation of computer programs on any computer systems not owned by Northside Volkswagen staff will need to receive the express consent or be acting in accordance with a court order. Similarly, if such an installation is directed or performed by us, we will not cause an electronic message to be sent from the computer system on which the computer program has been without express consent unless we are acting in accordance with a court order.

 

When requesting express consent to install or direct the installation of computer programs we will not only set out the prescribed information, we will clearly and simply describe, in general terms, the function and purpose of the computer program that is to be install if the consent is given.

 

If the computer program to be installed is one that performs certain functions specified in CASL then, in the process of seeking express consent we will, clearly and apart from any licence agreement, describe and bring to the attention of the person from we are seeking consent the program’s material elements that perform the function or functions, including the nature of those elements and their reasonably foreseeable impact on the operation of the person’s computer system.

 

 

Alteration of Transmission Data

 

We do not and will not participate, directly or indirectly, in the unauthorized alteration of transmission data in an electronic message. Unless express consent is received, or the alteration is made in accordance with a court order no measures whatsoever will be employed by us to alter or cause to be altered the transmission data in an electronic message so that the message is delivered to a destination other than or in addition to that specified by the sender.

 

 

Training and Education

 

An initial training session will be held with all of our staff which will outline the essential elements of CASL and the regulations made thereunder and our expectations with respect to compliance. Reference will be made to this policy and we will ensure that all of our staff are provided with a copy.

 

We may have additional training and/or refresher sessions as we deem appropriate as part of our commitment to continual improvement.

 

 

Monitoring/Audit/Due Diligence

 

We will conducting ongoing monitoring of our communications and will conduct periodic audits of our CASL compliance program. Our audits will be conducting by of CASL Compliance Officers and will include in-person interviews with our staff, review of relevant records, as well as the completion of an audit report template.

 

In addition to assisting in our efforts toward continuous improvement, the purpose of our audits will be to demonstrate our due diligence should a claim arise against us in respect of a CASL violation.

 

 

Our CASL Compliance Officers

 

Questions about this policy, our compliance, and/or complaints can be directed to our CASL Compliance Officer:

           

Name

Name

Mark Berlingieri

Anna-Lisa Tadashore

 

 

Updates to this Policy

 

We reserve the right to update and change our anti-spam policy from time to time. All updates and changes to our anti-spam policy will be made readily available and accessible through our website www.northsidevw.com and will also be readily provided upon request to our CASL Compliance Officers.