Policy Statement
This document sets forth the policy of 8 Miles Solution and is designed to provide reasonable assurance that a consistent process is followed with respect to the dissemination of commercial electronic messages to 8 Miles Solution clients and prospective clients in Canada. 8 Miles Solution employees sending commercial electronic messages from and/or to a computer system(s) in Canada comply with the requirements of CASL. The 8 Miles Solution Anti-Spam Policy (“Anti-Spam Policy”) and related procedures (the “CASL Procedures”) require that all 8 Miles Solution employees 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 comply with CASL, and seeks to ensure that all CEMs sent by or on behalf of 8 Miles Solution, or using a 8 Miles Solution email address or using a device owned or provided by 8 Miles Solution, comply with CASL
Policy Details
The Anti-Spam Policy describes 8 Miles Solution’s commitments relating to the provisions of CASL and electronic messages of a commercial nature sent to 8 Miles Solution clients, prospective clients, and others, as applicable. From time to time, 8 Miles Solution may implement additional policies, procedures and/or practices as it relates to anti-spam measures.
This Policy applies to 8 Miles Solution 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 8 Miles Solution’s operations, the Anti-Spam Policy has been adopted in compliance with the requirements of CASL, and 8 Miles Solution is committed to complying with CASL. All other 8 Miles Solution 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.
8 Miles Solution 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 8 Miles Solution 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, 8 Miles Solution also obtains express, opt-in consent for the sending of CEMs to 8 Miles Solution 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. A verbal consent is acceptable where a record of the details of the consent is maintained in a database.
All CEMs are required to comply with the CASL requirements.
- Identifies the sender and their mailing address;
- The sender’s phone number, email address, or website link; and
- A mechanism for unsubscribing or revoking consent to receive CEMs from 8 Miles Solution and its subsidiaries and affiliates. 8 Miles Solution takes measures to ensure that all third-party service providers that send CEMs on its behalf comply with CASL.
A key component of complying with CASL involves maintaining records of 8 Miles Solution’s relationships with clients and prospective clients. Each business unit of 8 Miles Solution 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 8 Miles Solution clients and prospective clients. “Clients” are defined as those organizations or individuals who have at least one open account or a contractual relationship with 8 Miles Solution at the relevant time. Organizations or individuals who have closed their last remaining account or terminated their contract with 8 Miles Solution are not considered 8 Miles Solution 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 8 Miles Solution ceases sending CEMs to the 8 Miles Solution client or prospect. Commercial Electronic Messages All 8 Miles Solution 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 8 Miles Solution or 8 Miles Solution’s products or services, or employees, or contacts;
- solicits business for 8 Miles Solution or 8 Miles Solution’s employees or contacts; and
- any other similar message that encourages participation in commercial activity.
- Examples include promotional event invitations (e.g., webcasts or 8 Miles Solution events), marketing newsletters, etc.
The following messages do not have to comply with the requirements applicable to CEMs, like, messages sent to 8 Miles Solution clients about their business; internal communications about 8 Miles Solution’s business (including communications with 8 Miles Solution 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.);
responses to requests, inquiries or complaints. Messages that 8 Miles Solution employees email each other internally using a device that 8 Miles Solution owns or provides, or using a 8 Miles Solution email address, should be related to 8 Miles Solution. 8 Miles Solution employees may not internally email each other offers, promotions, advertisements, or referrals unrelated to 8 Miles Solution business without the internal recipient’s verbal consent.
All third-party contracts with service providers who may send CEMs on behalf of 8 Miles Solution 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 8 Miles Solution 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 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 unsubscribe or by emailing us at privacy[at]8milesolution[dot]com with ‘Unsubscribe’ in the subject line.