Canada's Anti-Spam Legislation (CASL)
Logichron Services LLC and/or its related corporations (collectively “Logichron”)
Policy Statement
This document sets forth the policy of Logichron and is designed to provide reasonable assurance that (i) a consistent process is followed with respect to the dissemination of commercial electronic messages to Logichron clients and prospective clients in Canada, and (ii) Logichron employees sending commercial electronic messages from and/or to a computer system(s) in Canada comply with the requirements of CASL. The Logichron Anti-Spam Policy (“Anti-Spam Policy”) and related procedures (the “CASL Procedures”) require that all Logichron 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 from a computer system in Canada comply with CASL, and seeks to ensure that all CEMs sent by or on behalf of Logichron, or using an Logichron email address or using a device owned or provided by Logichron, comply with CASL.Policy Details
The Anti-Spam Policy describes Logichron’s commitments relating to the provisions of CASL and electronic messages of a commercial nature sent to Logichron clients, prospective clients, and others, as applicable. From time to time, Logichron may implement additional policies, procedures and/or practices as it relates to anti-spam measures.Application
This Policy applies to Logichron 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 Logichron’s operations, the Anti-Spam Policy has been adopted in compliance with the requirements of CASL, and Logichron is committed to complying with CASL. All other Logichron 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.Consent
Logichron 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 Logichron 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, Logichron also obtains express, opt-in consent for the sending of CEMs to Logichron 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. Verbal consent is acceptable where a record of the details of the consent is maintained in a database.Form and Content of CEMs
All CEMs are required to comply with the form and content requirements of CASL, generally described as follows:- identifies the sender;
- the sender’s mailing address;
- the sender’s telephone number or email address or link to a webpage; and
- an unsubscribe mechanism or withdrawal of consent from receiving CEMs from Logichron and its subsidiaries and its subsidiaries and affiliates.
Storage of Relationship Details
A key component of complying with CASL involves maintaining records of Logichron’s relationships with clients and prospective clients. Each business unit of Logichron is required to create and maintain in the business unit’s Client Relationship Management (CRM) system (including, but not limited to, Benchmark, Salesforce, and Hubspot), verifiable records documenting the relationships giving rise to implied consent, and verifiable records of express, opt-in consents obtained from Logichron clients and prospective clients. “Clients” are defined as those organizations or individuals who have at least one open account or a contractual relationship with Logichron at the relevant time. Organizations or individuals who have closed their last remaining account or terminated their contract with Logichron are not considered Logichron 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 Logichron ceases sending CEMs to the Logichron client or prospect.Commercial Electronic Messages
All Logichron 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 Logichron or Logichron’s products or services, or employees, or contacts;
- solicits business for Logichron or Logichron’s employees or contacts; and
- any other similar message that encourages participation in commercial
- messages sent to Logichron clients about their business;
- internal communications about Logichron’s business (including communications with Logichron 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