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Canada’s Anti-Spam Law (”CASL”). Important information for Independent Representatives and Leaders. 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
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Canada’s Anti-Spam Law(”CASL”) Important information for Independent Representatives and Leaders
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.
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
What is the impact of CASL • One will need consent from the recipient beforea 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
What is the impact of CASL • Mandatory content willberequired in all CEMs, i.e.: • Name and contact information • mailing addressandtelephonenumber or email address or web address • an electronic signature automaticallyincludingsuchrequirementscouldbehelpful Stéphanie Lefebvre5500 Trans-Canada Highway, Pointe-Claire, Québec, H9R 1B6Phone 514.630.5432stephanie.lefebvre@avon.com
Whatis the impact of CASL • Mandatory content will be required in all CEMs, i.e.: • Unsubscribe mechanism orlanguage 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 fromtheirRepresentative and Avon separately as these are two (2) differententities!
Updatingyour 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).
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 one-to-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, whencommunicatingwithits Independent Representatives and Leaders.
Face to face contacts • AOLs, Tailgating, Power Hours, Door knocking, home parties • Excludedfrom 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
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 Lefebvre5500 Trans-Canada Highway, Pointe-Claire, Québec, H9R 1B6Phone 514.630.5432stephanie.lefebvre@avon.com 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.”
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
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: puppyselling ad, etc.
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 e-mail 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 SendingCEMs • Don’t send an electronic message without their consent • Clearly identify yourself and your business • Provide an opportunity to opt out Representatives – when dealing with your Customers Leaders – when dealing with your Customers and team members
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