Canada’s Anti-Spam Legislation (CASL) Policy

Demand Drive Solutions and Services Pvt Ltd and/or its related corporations (collectively “DDS”)

1. Policy Statement

This policy outlines DDS’s approach to complying with Canada’s Anti-Spam Legislation (CASL). It ensures that:
– A consistent process is followed for sending commercial electronic messages (CEMs) to clients and prospective clients in Canada.
– DDS employees who send such messages from and/or to a computer system in Canada meet CASL requirements.

The DDS Anti-Spam Policy (‘Anti-Spam Policy’) and related procedures (‘CASL Procedures’) require all DDS employees sending CEMs from and/or to Canadian recipients to comply with CASL. This includes messages sent:
– By or on behalf of DDS,
– Using a DDS email address, or
– Via devices owned or provided by DDS.

2. Policy Details

The Anti-Spam Policy sets out DDS’s commitments under CASL for sending commercial messages to clients, prospects, and others. DDS may introduce additional measures to strengthen compliance.

3. Application

This policy applies to all DDS employees sending CEMs:
– To or from Canada, or
– To electronic addresses accessed from Canada.

All other DDS policies and procedures must align with CASL compliance.

4. Consent Requirements

DDS obtains express, opt-in consent before sending a CEM unless:
– A verifiable basis for implied consent exists, or
– An exception under CASL applies.

Key Rules for Consent Requests:
– Cannot be included in a CEM unless implied consent exists.
– Must be obtained separately (e.g., via an unchecked checkbox).
– Cannot be bundled with acceptance of other agreements.
– Verbal consent is allowed only if documented in a CRM or database.

If there has been no active business relationship within the past two years, express consent is required.

5. Required Form & Content of CEMs

All CEMs must:
1. Identify the sender (DDS or representative).
2. Include the sender’s physical mailing address.
3. Provide at least one of: telephone number, email address, or web link.
4. Contain a clear and functional unsubscribe mechanism.

6. Limitation of Liability

DDS provides its site, services, and content ‘as is’ without warranties of any kind and is not responsible for:
– Accuracy, completeness, or reliability of information,
– Meeting user requirements or uninterrupted access,
– Third-party content, or
– Losses caused by unauthorized access or service interruptions.

7. Third-Party Compliance

Any third party sending CEMs on DDS’s behalf must comply with CASL, including consent, form, and content requirements.

8. Storage of Relationship & Consent Records

Each DDS business unit must maintain verifiable CRM records (e.g., Benchmark, Salesforce) showing:
– Relationships that create implied consent.
– Express consents obtained.

Records of consent must be retained for at least three years after communications cease.

9. Definition of a CEM

A Commercial Electronic Message includes electronic messages that:
a. Promote DDS products, services, employees, or contacts.
b. Solicit business for DDS.
c. Encourage participation in commercial activity.

Examples:
– Promotional invitations (e.g., webinars, events)
– Marketing newsletters

Not CEMs under CASL:
– Account-related messages to active clients.
– Internal DDS communications.
– Legally required notices.
– Responses to inquiries or complaints.

10. Internal Messaging Rules

DDS employees may only use internal email for DDS-related purposes unless verbal consent is given for unrelated promotions.

11. Unsubscribe Mechanism

All non-exempt CEMs must include an unsubscribe option that:
– Works via a simple link and/or email reply.
– Is processed within 10 business days.

Unsubscribe options:
– Web form: https://demanddrivesolutions.com/unsubscribe
– Email: contact@demanddrivesolutions.com with ‘Unsubscribe’ in the subject line.

12. Policy Administration

This Anti-Spam Policy is maintained by DDS’s Compliance Department and reviewed annually. Updates or exceptions require DDS Board approval.

13. Enforcement and Audit

Compliance with this policy may be audited at any time. Non-compliance may result in disciplinary action under DDS HR policies.