Canadian Anti-Spam Legislation (CASL) Policy

CASL Policy for MaRS Innovation: Intent

MaRS Innovation (MI) respects the communications preferences of our clients, business partners, and others with whom we communicate. Effective July 1, 2014, MI will act in accordance with Canada’s Anti-Spam Legislation (CASL).

 

Definitions

Spam or unsolicited commercial electronic messages (“CEMs”): any electronic commercial message sent without the express or implied consent of the recipient(s). Spam is also used as a vehicle to deliver online threats such as spyware, phishing and malware.

Spam or Commercial Electronic Message (CEM) refers to an electronic message that, with regard to the message’s content, the hyperlinks in the message that relate to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity, including an electronic message that:

  • Offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land.
  • Offers to provide a business, investment or gaming opportunity.
  • Advertises or promotes anything referred to in paragraph (a) or (b).
  • Promotes a person, including the public image of a person, as being a person who does anything referred to in any of paragraphs (a) to (c), or who intends to do so.

Commercial Activity means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in the expectation of profit, other than any transaction act or conduct that is carried out for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defense of Canada.

Electronic Message means a message sent by any means of telecommunication, including a text, sound, voice or image message; unless the message is a “two-way interactive voice call” or a facsimile or voice recording sent to a telephone account.

MI staff means all MI employees, whether full or part-time, temporary or permanent, all individuals paid by, or under contract with MI, including but not limited to consultants and independent contractors, and any individual working for or on behalf of MI on an unpaid basis or for nominal consideration, including but not limited to secondees and students.

 

Consent to send CEMs

MI sends commercial electronic messages, such as emails, where we have express or implied consent from the recipient, or where consent is not required under CASL.

All MI staff are prohibited from sharing any MI mailing lists, or email recipient information, with third parties. Unsubscribe links are included on all MI correspondence and will be addressed within 72 hours. Individuals who wish to unsubscribe may also contact the director of marketing and communications for assistance.

 

Record-keeping

To comply with Canadian law, MI tracks and documents recipient consent using CASL Cure Ltd software (https://www.caslcure.com/). Our records demonstrate that we always have a recipient’s consent to send a CEM, where such consent is required under CASL.

 

Form of CEMs and Disclosure

The CEMs we send clearly indicate that MI is the sender, and state the reason for our communication to them. CASL Cure software ensures that our CEMs meet legally prescribed form and unsubscribe standards where required under CASL.

 

Withdrawal of Consent

Where the recipient of a MaRS message is entitled to withdraw consent to receive communications, we give effect to the unsubscribe request within CASL timelines.

 

Application of Policy

This policy applies without exception to all MI employees, officers, directors and volunteers. It also applies to independent contractors, consultants and others who are acting as MI representatives in any manner.

Last Updated: August 31, 2015