Canada’s Anti-Spam Law (”CASL”) Important information for Independent Representatives and Leaders
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Supporting Documents • Following the webinar, Avon will be providing you the following documents for future reference: • Q&A • Tips to Consider when sending out CEMS • Link to webinar • Unsubscribe Matrix
What is CASL • CASL stands for Canada’s Anti-Spam Law, which comes into effect July 1st, 2014. It prohibits any unsolicited commercial electronic messages, known as CEMs.
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What is a CEM • A Commercial Electronic Message (CEM) is a message whose purpose is to encourage participation in a commercial activity • For example: Avon’s e-brochure • A CEM includes a message sent to: • An email account • A telephone account (text, SMS, etc.) • An instant messaging account (iMessage, BBM, etc.) • Any similar account
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What is the impact of CASL • One will need consent from the recipient before a commercial electronic message (CEM) can be sent…including: • Emails to promote products or a business opportunity • Instant messages, text messages and other electronic communications to promote products or a business opportunity
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What is the impact of CASL • Mandatory content will be required in all CEMs, i.e.:
• Name and contact information • mailing address and telephone number or email address or web address • an electronic signature automatically including such requirements could be helpful Stéphanie Lefebvre 5500 Trans-Canada Highway, Pointe-Claire, Québec, H9R 1B6 Phone 514.630.5432
[email protected]
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What is the impact of CASL • Mandatory content will be required in all CEMs, i.e.:
• Unsubscribe mechanism or language reminding Recipient that they can opt out of receiving CEMs. For example: ‘If you no longer wish to receive campaign updates, please let me know by replying to this email.’ • Opt out requests will need to be acted upon with ten (10) days. This means updating your contact list to reflect such wish! • AVON Canada will, in addition to the above, provide the possibility of opting out of CEMs for Registered Customers, Representatives or Leaders through their Communication Preferences page on Avon’s website;
Customers must unsubscribe from their Representative and Avon separately as these are two (2) different entities!
Updating your Communication Preferences • Avon has updated the functionality of Communication Preferences page. • As a result, we will ask each Representative to re-enter their preferences accordingly (July timeframe).
Unsubscribe Requests Requestor
Unsubscribe from
Actions/replies from Leader
Ask Representative to update their own preferences on avon.ca website. When a Representative changes their preference to Avon Representative Avon.ca or DSM emails unsubscribe from DSM emails, a notice is sent to the DSM (notice to be sent by Sales Admin every campaign).
Actions/replies from Representative
N/A
Avon Representative Leader emails
Leader should maintain their own unsubscribe list.
Customer
Avon.ca
Ask Registered Customer to update their own preferences on avon.ca website.
Ask Registered Customer to update their own preferences on avon.ca website.
Customer
Representative emails
Ask Customer to contact their Representative directly to unsubscribe.
Representative should maintain their own unsubscribe list.
Prospect
DSM emails
Ask Prospect to contact the DSM directly to Ask Prospect to contact the DSM unsubscribe. directly to unsubscribe.
Prospect
Leader emails
Leader should maintain their own unsubscribe list.
Prospect
Representative emails
Ask Prospect to contact the Representative Representative should maintain their directly to unsubscribe. own unsubscribe list.
N/A
Ask Prospect to contact the Leader directly to unsubscribe.
Exemptions to CASL • Face-to-face meetings • Voice (telephone) and facsimiles (fax) • Electronic messages responding to an inquiry • Electronic messages to Friends and Family (close relations / reasonable person test) • Posts on social media, including Twitter and Facebook (as opposed to one-to-one or oneto-many social media messaging) • Electronic messages covering transactional communications (for example: information on delivery) • Electronic messages covering non-commercial activity (for example: holiday wishes)
• Electronic messages from a business to another business (B2B) For example: Avon, when communicating with its Independent Representatives and Leaders.
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How does CASL affect your business - prospecting Prospecting Activity
CASL applies?
Face to Face Meetings including AVON on locations / Tailgating / Power Hours/ Home Parties
NO - exempt
Referrals
YES
Social Media (e.g. Facebook, LinkedIn, Twitter, etc.)
YES for one-to-one messaging, NO for posts
Prospecting via online or local bulletin boards or websites such as Kijiji, Craig’s List, EmploiQuebec, etc.
YES
Cold calling
NO – exempt (but be wary of the DO NOT CALL list)
Face to face contacts • AOLs, Tailgating, Power Hours, Door knocking, home parties
• Excluded from CASL (since no electronic messages are exchanged)! • If an email address is given to you to receive future electronic communications about Avon, follow up by email is therefore appropriate
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Referrals • Consent is not required for the first CEM following a referral from a friend, customer (but mandatory content remains required, i.e. contact information and opt out option) Stéphanie Lefebvre 5500 Trans-Canada Highway, Pointe-Claire, Québec, H9R 1B6 Phone 514.630.5432
[email protected] If you no longer wish to receive emails from myself, please let me know by replying to this email.
• In addition…the full name of the individual who gave the referral, as well as the connection to such individual is required in the first message. • For example: “Hi Doris! I am an Independent Representative for Avon and your name was given to me by one of my customers, Alexandra Lewis, who I understand is your neighbor and good friend.”
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CASL and Social Media (Facebook, etc.) Posts are Fine!
• One can post the AVON opportunity on its page • One can highlight the brochure every campaign • One can share success stories
• One can offer incentives to join Avon • One can post a Facebook party
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Email addresses showing/published/disclosed • Kijiji, Craig’s List, Facebook groups, bulletin boards, etc. • If one has published his or her email address, you may contact them as long as a relevant connection to AVON applies Examples of a relevant connection to the Avon opportunity: people running home based-businesses, people looking for part-time work, seasonal jobs, etc. Example of non-relevant connection to the Avon opportunity: puppy selling ad, etc.
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Ballot Boxes • Avon is currently reviewing its ballot forms so that a standardized and CASL compliant format is used going forward. • Post-July 1st, 2014, a customer/prospect should not be contacted by e-mail, unless he or she has clearly indicated his/her consent on the ballot form (checked yes).
• If check boxes are left blank, you should not contact the customer/prospect by email as consent was not provided (calling is fine but be wary of the do not call list). The customer/prospect provided me with their e-mail address therefore why can’t I contact them? • The reason the customer/prospect disclosed their e-mail address to you is to take part in the draw which is not a relevant connection to why you would want to contact him/her, therefore expressed consent is required as per CASL.
Tips for Sending CEMs Representatives – when dealing with your Customers Leaders – when dealing with your Customers and team members
• Don’t send an electronic message without their consent • Clearly identify yourself and your business
• Provide an opportunity to opt out
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Where can I get more information • Although Avon has provided general guidelines on CASL, you might find the government website (www.fightspam.gc.ca) useful for any further questions or interpretation
