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Canada's Anti-Spam Legislation (CASL) Policy

Purpose

The purpose of this policy is to ensure that Idea Exchange (IE) is compliant with the requirements of the Canada’s Anti-Spam Legislation, 2010 [2014] and its regulations.

Policy Statement

Idea Exchange is committed to complying with CASL, its regulations and requirements in accordance with Canada’s Anti-Spam Legislation, 2010 [2014], the Canadian Radio-Television and Telecommunications Commission’s (CRTC) Telecom Regulatory Policy 2012-183, 2012, Industry Canada’s Electronic Commerce Protection Regulations, SOR/2013-221 and Industry Canada’s Regulatory Impact Analysis Statement (RAIS), 2013.

Scope

This policy applies to all persons who deal with electronic communications on behalf and for Idea Exchange, and to third parties who deal with the public on Idea Exchange’s behalf. A person or third party can be an employee, volunteer, Board member, student on placement or someone otherwise engaged in the provision of Idea Exchange services to our members and public.

1. Definitions

Canada’s Anti-Spam Legislation or CASL: Canada’s Anti-Spam Legislation, which encompasses the following Act and Regulations: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities

Computer Program: Data representing instructions or statements that, when executed in a Computer System, causes the Computer System to perform a function. Examples of Computer Programs include, but are not limited to: software, applications (apps), games, e-books, any upgrades/updates to an existing Computer Program and any other computer code that meets the above description.

Computer System: Any device that, or a group of interconnected or related devices one or more of which contains Computer Programs or other data, and pursuant to Computer Programs, performs logic and control, and may perform any other function (e.g. a computer; a server; a hard drive; a mobile telephone; a tablet).

Commercial Electronic Message (CEM): An Electronic Message that, directly or indirectly, encourages participation in Idea Exchange’s commercial/promotional activities, and/or in the commercial/promotional activities of a Person other than Idea Exchange. There does not need to be any expectation of profit or exchange of money, so this could include offering, promoting or marketing a service/program to a Person.

Electronic Message (EM): A message sent by electronic means to an Electronic Address, including, but not limited to messages sent by email, by text message, by instant message or via a social media account. For greater certainty, an EM does not include messages sent via posted mail, sent via fax, communicated via a two-way voice conversation, communicated via voicemail to a telephone account; and/or posted or published on a website (but not sent to an Electronic Address).

Electronic Address: An address used in connection with the transmission of an Electronic Message to an email account, an instant messaging account, a telephone account, a social media account or any similar account.

Employee: Any person who is employed by Idea Exchange or Cambridge Public Library Board.

Exemptions: The exemptions to the requirements of subsections 6(1) and/or 6(2) of the Act, as prescribed in CASL.

Express Consent: The explicit and/or expressed communication by a Person that the Person wishes to receive CEMs from Idea Exchange.

Idea Exchange Services: Services that Idea Exchange does for, or offers to, the public and includes referral and readers’ advisory services, collections, circulation services, gallery services and exhibitions, technology, programming and outreach.

Implied Consent: Consent based upon an existing business or non-business relationship between organization and Person, as per the Act.

Library Board: A public library board, county library board or a county library co-operative board as defined in the Public Libraries Act, 1990.

Person: An individual, partnership, corporation, organization, association, trustee, administrator, executor, liquidator of a succession, receiver or legal representative.

Procedure: The steps that staff are expected to take to comply with this policy.

Special Functions: A Computer Program that is intended to cause the following functions, contrary to the reasonable expectations of the user / owner of the Computer System: collecting personal information stored on the Computer System, interfering with the owner’s or an authorized user’s control of the Computer System, changing or interfering with settings, preferences or commands already installed or stored on the Computer System without the knowledge of the owner or an authorized user of the Computer System, changing or interfering with data that is stored on the Computer System in a manner that obstructs, interrupts or interferes with lawful access to or use of that data by the owner or an authorized user of the Computer System; and/or causing the computer system to communicate with another Computer System, or other device, without the authorization of the owner or an authorized user of the computer system and/or installing a Computer Program that may be activated by a third party without the knowledge of the owner or an authorized user of the Computer System.

Third Party: a Person who is not a director, manager or employee of Idea Exchange, who sends EMs that promote, advertise, market, or otherwise encourage participation in Idea Exchange’s activities.

Volunteer: A person who voluntarily extends their services to actively support Idea Exchange and who does so without remuneration. While Cambridge Public Library Board Members volunteer their time and do not receive remuneration, for the purposes of this policy they will be referred to as Board Members as they have roles and responsibilities that are different from those of other volunteers.

2. General Principles

Idea Exchange requires all of its directors, managers, employees and volunteers, and any other Person who communicates on its behalf, to comply with this Policy.

Idea Exchange will appoint staff members who are responsible for managing the implementation of this Policy.

Notwithstanding anything in this Policy, at Idea Exchange’s sole and absolute discretion, Idea Exchange may rely on any one or more of the Exemptions. A determination as to when a situation would be subject to any one of the Exemptions shall be made by Idea Exchange on a case-by-case basis.

Idea Exchange may at any time revise this Policy to ensure that Idea Exchange remains in compliance with CASL.

3. Electronic Addresses

No Person shall collect an Electronic Address for the purposes of sending CEMs to the Person who owns that Electronic Address on behalf of Idea Exchange, without having first obtained the consent of that Person.

All the Electronic Addresses collected for CASL express consent and all Electronic Addresses collected for PIPIEDA express consent will be stored and tracked separately.

All individuals or programs that obtain and/or collect Electronic Addresses on behalf of Idea Exchange must do so in accordance with Idea Exchange’s policies and procedures.

4. Electronic Messages

No CEM shall be sent by or on behalf of Idea Exchange, in the course of carrying on Idea Exchange’s activities, unless the recipient of the CEM has provided his or her Express Consent to receive CEMs from Idea Exchange.

EMs sent between employees of Idea Exchange and/or from employees of Idea Exchange to employees of other libraries, shall concern the activities of Idea Exchange.

5. Express Consent

Idea Exchange shall endeavour to obtain Express Consent from all Persons to whom it sends CEMs, at all reasonable opportunities. Express Consent shall not be sought by or on behalf of Idea Exchange by sending an Electronic Message to an Electronic Address.

All requests for Express Consent made in writing shall not include pre-checked boxes. Express Consent collected on behalf of Idea Exchange shall be activated within three (3) business days of receiving the Express Consent, or as soon as is reasonably possible, in accordance with Idea Exchange’s procedures.

6. Unsubscribe Mechanism

All CEMs sent by or on behalf of Idea Exchange in the course of carrying out Idea Exchange activities shall include a mechanism by which the Person receiving the CEMs may unsubscribe (i.e., opt-out) from receiving Electronic Messages from Idea Exchange (the “Unsubscribe Mechanism”).

The Unsubscribe Mechanism shall be prominently displayed in the body of all CEMs sent by or on behalf of Idea Exchange. All requests to Unsubscribe shall be acted upon by the individual who receives the request or the program that processes the request within three (3) business days of the receipt of the unsubscribe request or as soon as possible.

No CEMs shall be sent by or on behalf Idea Exchange to any Person who made a request to Unsubscribe, 10 days after the request was made and thereafter, unless the Person provides his or her Express Consent to receive CEMs from Idea Exchange, or unless the CEM meets one of the Exemptions (to be determined by Idea Exchange on a case-by-case basis).

7. Third Parties

Idea Exchange requires that all Third Parties have Express Consent to receive CEMs from Idea Exchange, from the Persons to whom the CEMs are sent, prior to the sending the CEMs.

Idea Exchange shall not be held liable for any and all CEMs sent by Third-Parties that are not sent in compliance with this Policy. All Third Parties agree to defend, indemnify and hold harmless Idea Exchange and its directors, managers, employees, agents and trustees, from and against any and all complaints, claims, actions or demands resulting from, and/or arising out of, the Third Parties’ breach of this Policy.

At its sole and absolute discretion, Idea Exchange may, from time to time, enter into agreements and/or arrangements with Third Parties that may not necessarily be in compliance with this Policy, but which ensure Idea Exchange's compliance with CASL.

Notwithstanding anything in this Policy, at its sole and absolute discretion, Idea Exchange may rely on one or more of the Exemptions for CEMs sent by Third Parties.

8. Computer Programs

In the course of conducting Idea Exchange activities, no Person shall cause a Computer Program to be installed on a Computer System, unless that Person first obtains the Express Consent of the owner or authorized user of the Computer System to install the Computer Program, on behalf of

Idea Exchange. There is no requirement to obtain Express Consent to install the following Computer Program on behalf of Idea Exchange: a cookie, HTML code, Java Script and an operating system.

When seeking Express Consent to install a Computer Program on behalf of Idea Exchange, the Person seeking the consent shall disclose to the Person from whom consent is being sought, clearly and simply, the function and purpose of the Computer Program being installed.

If the Computer Program being installed on behalf of Idea Exchange is intended to perform a Special Function(s), the Person seeking consent on behalf of Idea Exchange, must, prominently, clearly, simply, and separate and apart from any other requests for consent, describe the Special Function(s), including their nature and purpose and their impact on the operation of the Computer System.

8.1 Use of Idea Exchange’s Computers/ Internet Connection

Any Person who uses a Computer System owned, operated and/or controlled by Idea Exchange and/or an Internet connection owned, controlled and/or provided by Idea Exchange (including any wireless connection), must carry out his or her activities in a manner that is compliant with CASL.

Any Person who contravenes this Part shall defend, indemnify and hold harmless Idea Exchange and its directors, managers, employees, agents and trustees, from and against any and all complaints, claims, actions or demands resulting from, and/or arising out of, that Person’s actions.

9. Staff Training

Idea Exchange will ensure that all persons to whom this policy applies receive training as a requirement by CASL and its regulations. This training will be mandatory. New hire Training: all new directors, managers, employees and volunteers of Idea Exchange shall be required to attend the Training, within 90 days of joining Idea Exchange.

New volunteer training: all new volunteers of Idea Exchange shall be required to attend training within 90 days of becoming a volunteer for Idea Exchange.

10. Audit

Idea Exchange shall audit its electronic communication practices, to ensure compliance with this Policy (the “Audit”) at a minimum of once per year.

In the event the Audit discloses discrepancies between this Policy and Idea Exchange’s communication practices, such discrepancies shall be addressed by Idea Exchange to ensure compliance with the Policy, as soon as is reasonably possible.

 

Adopted: December 16, 2015 (Board Motion 15.97)