Johnston Equipment is committed to providing transparency to outside parties with respect to the compliance of the organization’s electronic communication with Canada’ Anti-Spam Legislation, in effect as of July 1st, 2014, and its relevant rules and regulations (hereinafter “CASL”). To that end, the Johnston Equipment Anti-Spam Commitment is a formal statement of rights and obligations which is made available to outside parties. It is intended to inform outside parties of the type of responsible and transparent practices adopted by Johnston Equipment when electronically communicating with outside parties, inform outside parties who they may contact at Johnston Equipment for any concern pertaining to electronic communications, and inform such outside parties of where and how they may unsubscribe to any electronic communications from Johnston Equipment. This document also includes a series of answers to questions about spam and Johnston Equipment’s practices that are frequently asked by outside parties that Johnston Equipment may communicate with.
Application and Scope
This Anti-Spam Commitment generally applies to any electronic communications sent by Johnston Equipment to outside parties and is protected by a range of business procedures, processes and policies to ensure that such communications are done in compliance with CASL. Johnston Equipment, in its electronic communications with outside parties, has to comply with the rules established by CASL and enforced by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau and the Privacy Commissioner of Canada. CASL regulates all commercial electronic messages (“CEM”), which are messages that include among their purposes, the encouragement of participation in a commercial activity.
What is Johnston Equipment doing to comply with CASL
Johnston Equipment has undertaken various initiatives in order to make sure that it is compliant with CASL. It has adopted this Anti-Spam Commitmentto provide transparency to outside parties with respect to the compliance of the organization’s electronic communication practices with CASL, as well as undertaken the following initiatives:
Johnston Equipment has implemented CASL compliant consent forms
The consent of outside parties is necessary in order for Johnston Equipment to send a CEM. This consent typically must be “express”, but in certain circumstances consent can be “implied” and in others, messages are specifically exempt from consent requirements. Johnston Equipment has modified certain consent forms in order to ensure that the express consent obtained from recipients is in compliance with CASL.
You can have your email address unsubscribe to our communications at any time, although even if you unsubscribe to receiving CEM from Johnston Equipment, you may still receive electronic messages from Johnston Equipment which relate to an ongoing business relationship or which are exempt under CASL.
Johnston Equipment has modified its email footers
Johnston Equipment has modified its email footers to manage CASL’s consent requirements.Under CASL, all CEM sent must include certain prescribed content. For example, Johnston Equipment must clearly identify Johnston Equipment as the party sending the CEM; provide a method where the recipient can readily contact Johnston Equipment, such as a mailing address and one of (i) a telephone number with active response voicemail, (ii) an email address, or (iii) a web address; and provide a working unsubscribe mechanism. In consequence, CASL compliant email footers have been updated on all email communications sent from Johnston Equipment, in order to ensure compliance with CASL.
Johnston Equipment has incorporated Unsubscribe Mechanisms
Johnston Equipment has incorporated unsubscribe mechanisms into all electronic communications, in order to manage CASL’s consent requirements.Under CASL, each CEM must provide a working unsubscribe mechanism (functional for 60 days), which must be processed without delay, within a maximum of 10 business days.In consequence, Johnston Equipment has set up a uniform process in order to ensure that all unsubscribe requests will be complied with. You may at any time unsubscribe from receiving CEM from Johnston Equipment by following the process laid out in the electronic message you receive, although even if you unsubscribe to receiving CEM from Johnston Equipment, you may still receive electronic messages from Johnston Equipment which relate to an ongoing business relationship or which are exempt under CASL.
Why are you Receiving an Electronic Message from Johnston Equipment?
The types of CEM Johnston Equipment may send from time to time could include the following:
- CEM sent to Johnston Equipment’s current or potential clients (whether individuals or businesses), by Johnston Equipment’s marketing department or Johnston Equipment’s sales, team. For example, this may be for prospecting purposes or in order to answer a request for information or an inquiry;
- CEM sent to Johnston Equipment’s current or potential service providers by various Johnston Equipment business units. For example, Johnston Equipment may outsource part of its activities to a third party (such as a maintenance company, a translation service provider, etc.) or, Johnston Equipment’s HR department may contact potential employees electronically for recruitment purposes.
- CEM sent to Johnston Equipment’s current or potential business partners. For example, Johnston Equipment has various partnerships with recruitment agencies, preferred partners, etc.
If you have received a CEM from Johnston Equipment and you believe that you should not have, please assess as to whether you have provided implied or express consent to send CEMs, or if an exemption applies.
Express Consent: You can verify that you have provided express consent to Johnston Equipment (or verify the status of your consent) by sending an email to email@example.com.
Implied Consent: Johnston Equipment may infer your implied consent if:
Johnston Equipment has an existing business relationship with you or has a former business relationship with you which terminated less than two years ago (for instance, you are a former client);
Johnston Equipment received an inquiry from you within the last 6 months;
You disclosed your electronic address to a Johnston Equipment employee (for example you provided your business card to a Johnston Equipment employee) or you conspicuously published your electronic address (for example, via a corporate website or in a brochure) and the CEM sent is in connection with your business role and function.
When is an electronic message exempt under CASL?
If you are receiving electronic communications from Johnston Equipment, it may be a message that is exempt under CASL. This would be the case if the message is one the following:
- You have a personal relationship with the Johnston Equipment employee who contacted you, meaning that you have previously had a direct, voluntary, two-way communication.
- You have a family relationship with the Johnston Equipment employee who contacted you.
- The CEM is sent within Johnston Equipment (between employees of Johnston Equipment).
- The CEM is sent between Johnston Equipment and another business, where there is an ongoing relationship between Johnston Equipment and this other business.
- The CEM was sent by Johnston Equipment to you, in order to respond to your request or inquiry.
- The CEM was sent by Johnston Equipment to you, in order to enforce a legal right or obligation (for instance, if you have an outstanding debt, or breached a contract that you have with Johnston Equipment, etc.).
In certain situations, your consent is not required for certain types of messages sent by Johnston Equipment, although you may still unsubscribe from future transmission of similar messages. The type of messages where Johnston Equipment does not need your consent is an electronic message that:
- Is sent once, following a referral by a current Johnston Equipment client, service provider, business partner or employee who also has a personal or business relationship with you;
- Only provides you with a request for a quote or an estimate;
- Only facilitates or confirms a transaction;
- Only provides Johnston Equipment warranty, product recall, safety or security information;
- Only provides information about:
- Your ongoing use of Johnston Equipment services or products or ongoing purchases;
- A Johnston Equipment product, good, or service purchased (including updates and upgrades).
If you have received a CEM, and you believe that you should not have, please contact us immediately at caslOfficer@otelvlc.comand we will promptly remove your address from our list (within 10 business days).
You may be contacted by a Johnston Equipment employee via social media, such as LinkedIn, if you are connected on the social network with the Johnston Equipment employee, or if you have indicated through your preference settings the fact that you are open to receiving messages about new business opportunities or ventures. You may also be contacted if you have conspicuously published your electronic address (for instance, on a social media website), have not indicated that you did not wish to receive CEM, and the CEM sent is in connection with your business role and function.
What to do if you no longer wish to receive CEM from Johnston Equipment
At Johnston Equipment, we take the respect of laws very seriously. You may unsubscribe at any time from receiving CEM, by firstname.lastname@example.org, and we will remove you from our list within ten (10) business days.
Amendment of this Anti-Spam Policy and Guidelines
From time to time, Johnston Equipment will review and update this Anti-Spam Commitment as required to keep current with rules and regulations, new technologies, standards, our business practices and outside parties’ concerns. We will post any Anti-Spam Commitment changes on this page and, if the changes are significant, we will provide a more prominent notice (including, as the case may be, email notification of Anti-Spam Commitment changes). We will also keep prior versions of this Anti-Spam Commitment in an archive for your review.
Questions or Concerns about this Anti-Spam Commitment?
Johnston Equipment has designated its CASL Compliance Officer as the person accountable for compliance with this Anti-Spam Commitment:
By phone: 905-712-6006
By e-mail: caslOfficer@otelvlc.com
If you need further assistance, please contact the Johnston Equipment CASL Compliance Officer either by writing to us at Johnston Equipment, Attention: CASL Compliance Officer, or submit your inquiry via email to: caslOfficer@otelvlc.com.
Revised July, 2014
Please note that both the English and French versions of our Anti-Spam Commitment have equal legal value.