CASL Policy
Canada’s Anti-Spam Legislation (CASL)
Policy Statement
This document outlines MMPL’s policy and is intended to offer a reasonable level of assurance that (i) a standardised procedure is followed with regard to the distribution of commercial electronic messages to MMPL clients and prospective clients in Canada, and (ii) MMPL employees who send commercial electronic messages from and/or to computer systems in Canada do so in accordance with CASL.
The MMPL Anti-Spam Policy (“Anti-Spam Policy”) and related procedures (“CASL Procedures”) seek to ensure that all CEMs sent by or on behalf of MMPL, using an MMPL email address, or using a device owned or provided by MMPL, comply with CASL. All MMPL 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.
Policy Details
The Anti-Spam Policy outlines MMPL’s obligations with regard to electronic messages of a commercial character addressed to MMPL clients, prospective clients, and others, as appropriate, in accordance with the CASL’s provisions. As it relates to anti-spam efforts, MMPL may occasionally introduce additional policies, processes, and/or practises.
Application
Employees of MMPL who may send CEMs from, to, or to an electronic address that will be accessed from a computer system in Canada are covered by this policy.
The Anti-Spam Policy has been implemented with regard to MMPL’s activities in accordance with CASL’s regulations, and MMPL is dedicated to doing so. To try to prevent harmful and misleading types of spam from occurring in Canada, all other MMPL policies and procedures will be construed in a way that is consistent with the Anti-Spam Policy and that encourages compliance with CASL.
Consent
Before delivering a CEM to anyone who has not already had a business contact with MMPL during the previous two years, MMPL acquires express, opt-in consent, unless there is a verifiable basis for implicit consent or an exception to consent. MMPL also secures express, opt-in consent for the transmission of CEMs to MMPL prospects, unless there is a legitimate, documented reason for implied consent or an exception to consent.
Unless there is a reason for sending the communication with implied consent, the request for consent cannot be included in an electronic message. The request for consent cannot be combined with the acceptance of an agreement and must be made independently inside a message (for example, by taking a different action like ticking a box in the affirmative). When a database is kept as a record of the permission’s specifics, verbal consent is permissible.
Form and Content of CEMs
All CEMs must adhere to the CASL’s form and content criteria, which are commonly outlined as follows:
An unsubscribe method or withdrawal of consent from receiving CEMs from MMPL and its subsidiaries and affiliates is provided, along with the sender’s name, mailing address, phone number, email, and website link.
7. Limitation of Liability
7.1 The Company provides its services and content on the Site “as is” and “as available,” and it expressly disclaims all warranties, express or implied, including but not limited to any warranties of title, condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such claims, warranties, terms, and undertakings are hereby disclaimed.
7.2. The Company further disclaims any representations or guarantees regarding the dependability, quality, stability, accuracy, or correctness of any information given on or through the sites.
7.3. The Company makes no guarantees that the Site will satisfy your needs or that you will have error-free, secure, or continuous access to the Site.
7.4 The Company disclaims all responsibility for violating any intellectual property rights, libel, privacy, or other laws as a result of user or third-party content.
7.5. The Company will not be held responsible for any losses of any kind, including but not limited to damages for loss of revenue or savings, interruption of business, or loss of information, resulting from any of the following. (a) The use of, or inability to utilise, the Site or its services; (b) Unauthorized third-party access to any User’s data or private information.
When a third-party service provider delivers CEMs on MMPL’s behalf, MMPL takes steps to ensure that they abide by CASL.
Storage of Relationship Details
Keeping track of MMPL’s interactions with clients and potential clients is essential for complying with CASL.
Each business unit of MMPL is required to establish and maintain in the business unit’s Client Relationship Management (CRM) system verifiable records of the relationships giving rise to implied consent as well as verifiable records of express, opt-in consents obtained from MMPL clients and prospective clients. Examples of CRM systems include Benchmark and Salesforce. The term “clients” refers to any businesses or people who, at the period in question, have at least one open account with MMPL or a business arrangement with it. For the purposes of this Policy, MMPL clients do not include companies or people who have closed their last open account or ended their business relationship with MMPL.
The laws of India shall apply to the interpretation and enforcement of these Terms.
To keep track of the relationships with clients and prospects, implied consent or express, opt-in consent is sought in line with the CASL Procedures and documented in the relevant CRM system.
After MMPL stops delivering CEMs to the MMPL client or prospect, records of express, opt-in consent and documents proving the relationships giving rise to implied consent must be kept for at least three years.
All MMPL 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:
a. promotes, offers, or advertises MMPL or MMPL’s products or services, or employees, or contacts;
b. solicits business for MMPL or MMPL’s employees or contacts; and
c. any other similar message that encourages participation in commercial activity.
Examples include promotional event invitations (e.g., webcasts or MMPL events), marketing newsletters, etc.
Examples include promotional event invitations (e.g., webcasts or MMPL events), marketing newsletters, etc.
The following messages do not have to comply with the requirements applicable to CEMs:
• messages sent to MMPL clients about their business;
• internal communications about MMPL’s business (including communications with MMPL 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 complaints.
Messages that MMPL employees email each other internally using a device that MMPL owns or provides, or using an MMPL email address, should be related to MMPL. MMPL employees may not internally email each other offers, promotions, advertisements, or referrals unrelated to MMPL business without the internal recipient’s verbal consent.
Compliance by Third Parties
Contractual provisions requiring the service provider to adhere to CASL, including the form and content requirements of CEMs, must be included in all third-party agreements with service providers who may send CEMs on behalf of MMPL.
Unsubscribe Mechanism
CEMs that are not exempt from the requirements that apply to CEMs as noted above must have some type of unsubscribe mechanism to enable the withdrawal of consent or do-not-contact requests within a reasonable amount of time and in a way that enables MMPL to process that request within 10 days of the date on which the unsubscribe, withdrawal of consent, or do-not-contact request was made. The relevant database that keeps track of the relationships with clients and prospects should be updated with this data.
Every email sent by Monadgen MarTech Pvt. Ltd. and its staff will comply with CASL and provide a “unsubscribe” option. By visiting https://monadmartech.com/Unsubscribe/ or sending an email to dpo@monadmartech.com with the subject line “Unsubscribe,” you can “unsubscribe” from receiving our commercial electronic messages at any time.