CASL

1. CASL Policy Statement

This policy establishes UNIFIER TECHNOLOGIES’ commitment to compliance with Canada’s Anti-Spam Legislation (“CASL”). It ensures that:

a) A consistent and legally compliant process is followed in the dissemination of Commercial Electronic Messages (“CEMs”) to clients, prospective clients, and other recipients in Canada.

b) All UNIFIER TECHNOLOGIES employees sending CEMs from or to a computer system in Canada, or to an electronic address accessed from Canada, adhere to CASL requirements.

c) CEMs sent on behalf of UNIFIER TECHNOLOGIES or using UNIFIER TECHNOLOGIES resources comply with CASL and related regulations.

2. Scope & Application

This Policy applies to:

  • All UNIFIER TECHNOLOGIES employees, contractors, and representatives who send or facilitate the sending of CEMs.
  • Any CEMs sent from or to Canada, including emails, text messages, and other electronic communications promoting the Company’s business activities.
  • Third-party service providers engaged by UNIFIER TECHNOLOGIES for electronic communications.

This Policy aligns with CASL and will be interpreted to promote full compliance with its provisions to prevent deceptive and harmful spam.

3. Consent Requirements

3.1 Express Consent

UNIFIER TECHNOLOGIES obtains explicit opt-in consent before sending CEMs, unless an exception applies. Consent requests:

  • Must be separate from other agreements and require an affirmative action (e.g., checking a box).
  • Cannot be included within general terms and conditions.
  • Can be verbal, provided verifiable records are maintained in an internal database.

3.2 Implied Consent

CEMs may be sent based on implied consent in the following circumstances:

  • The recipient has an existing business relationship with UNIFIER TECHNOLOGIES within the past two years.
  • The recipient has provided their email address in a business context and has not opted out.
  • Other CASL exemptions apply.

Express consent will be sought once the period for implied consent expires.

4. Form and Content Requirements

All CEMs must:

  • Clearly identify the sender and their affiliation with UNIFIER TECHNOLOGIES.
  • Include a valid mailing address and either a telephone number, email address, or web link for contact purposes.
  • Contain an unsubscribe mechanism allowing recipients to withdraw consent easily.

5. Unsubscribe Mechanism

All CEMs (except exempted messages) must provide a clear and functional unsubscribe option:

  • The mechanism must process unsubscribe requests within 10 business days.
  • Requests must be recorded in the applicable database.
  • Recipients can unsubscribe by clicking the designated link in emails or emailing [email protected] with “Unsubscribe” in the subject line.

6. Compliance by Third Parties

UNIFIER TECHNOLOGIES mandates that all third-party service providers sending CEMs on its behalf must:

  • Comply with CASL’s consent, form, and content requirements.
  • Provide contractual assurances of adherence to CASL.

7. Record-Keeping Requirements

To ensure compliance, UNIFIER TECHNOLOGIES maintains:

  • Verifiable records of express opt-in consent with date and time stamp with IP address.
  • Documentation of relationships that give rise to implied consent.
  • Records of CEMs sent, including consent status, for a minimum of three years after the last CEM is sent.

Records must be stored in the Client Relationship Management (CRM) system.

8. Exemptions

The following messages are exempt from CEM requirements:

  • CEMs concerning ongoing business transactions with UNIFIER TECHNOLOGIES clients.
  • Internal communications within UNIFIER TECHNOLOGIES.
  • Messages required to comply with regulatory obligations.
  • Responses to recipient inquiries, requests, or complaints.

Employees must not send internal promotional or commercial messages unrelated to UNIFIER TECHNOLOGIES business without obtaining verbal consent from the recipient.

9. Policy Administration & Review

9.1 Policy Maintenance

The Compliance Department is responsible for the maintenance and enforcement of this Policy. It is reviewed annually and updated as necessary to ensure ongoing compliance with CASL.

9.2 Enforcement & Audit

  • UNIFIER TECHNOLOGIES reserves the right to audit employee compliance with this Policy.
  • Non-compliance may result in disciplinary action under the Human Resources Disciplinary Policy.

9.3 Review & Approvals

The Policy is subject to periodic review and approval by the XpertLync’s Qualified Auditor or equivalent governing body.

10. Contact Information

For any questions regarding this Policy or CASL compliance, please contact: Compliance Department,
UNIFIER TECHNOLOGIES PRIVATE LIMITED
Email: [email protected]

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