All WSP Canadian entities (hereinafter “WSP”) are committed to providing transparency to outside parties with respect to compliance with Canada’ Anti-Spam Legislation, in effect as of July 1st, 2014, and its relevant rules and regulations (hereinafter “CASL”). CASL regulates commercial electronic messages (“CEMs”), which are messages sent from Canada or accessed in Canada that have as a purpose to encourage participation in a commercial activity.
WSP complies with the rules established by CASL and enforced by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau and the Privacy Commissioner of Canada.
The WSP Anti-Spam Commitment is a formal statement of rights and obligations which is made available to outside parties who may receive WSP electronic communications. It is intended to inform outside parties of the type of responsible and transparent practices adopted by WSP when sending electronic communications, of who they may contact at WSP for any concern pertaining to electronic communications, and of where/how they may unsubscribe from CEMs received from WSP.
APPLICATION AND SCOPE
This Anti-Spam Commitment applies to CEMs sent by WSP from Canada or accessed in Canada by outside parties.
WSP’S COMPLIANCE WITH CASL
WSP undertook various initiatives to comply with CASL, including the implementation of business procedures, processes and guidelines. In addition to the adoption of this Anti-Spam Commitment, WSP notably undertook the following initiatives:
WSP IMPLEMENTED CASL COMPLIANT CONSENT COLLECTION PROCESSES
The consent of outside parties is necessary in order for WSP to send a CEM. This consent must be “express” or “implied”, unless the electronic communication is exempt from CASL or its consent requirements. WSP modified consent collection processes to ensure that consent obtained from recipients is in compliance with CASL.
WSP MODIFIED ITS EMAIL FOOTERS
WSP modified its email footers to manage CASL’s requirements. In particular, CEMs sent from WSP identify WSP as the party sending the CEM, provide a method whereby the recipient can readily contact WSP, such as a mailing address and one of (i) a telephone number with active response voicemail, (ii) an email address, or (iii) a web address; and provide a working unsubscribe mechanism.
WSP INCORPORATED UNSUBSCRIBE MECHANISMS
CEMs sent from WSP provide a working unsubscribe mechanism (functional for 60 days), which is processed within a maximum of 10 business days after receiving the unsubscribe request. To this effect, WSP incorporated compliant unsubscribe mechanisms into CEM email footers. Recipients may at any time unsubscribe from receiving CEMs from WSP by following the process laid out in the CEM, or by contacting firstname.lastname@example.org.
WSP IMPLEMENTED INTERNAL GUIDELINES AND TRAINING FOR EMPLOYEES
WSP implemented internal guidelines as well as a training program on CASL awareness for all its employees. WSP employees are further required to confirm their awareness of CASL requirements and their agreement to abide by WSP’s Anti-Spam Commitment and associated business procedures, processes and policies.
WHY ARE YOU RECEIVING AN ELECTRONIC MESSAGE FROM WSP?
The types of electronic messages WSP may send from time to time include the following:
- An electronic message sent to WSP’s current clients, service providers, business partners, or other persons with whom WSP has a business relationship to carry out its commercial activities;
- An electronic message sent to WSP’s current or potential clients (whether individuals or businesses) by WSP’s marketing department or WSP’s sales, business development or operation team. For example, this may be for prospecting purposes or in order to answer a request for information or an inquiry;
- An electronic message sent to WSP’s current or potential service providers by various WSP business units. For example, WSP may outsource part of its activities to a third party (such as a maintenance company, a translation service provider, etc.).
- An electronic message sent to WSP’s current or potential business partners. For example, WSP has various partnerships with recruitment agencies, strategic partners and preferred partners, etc.
- An electronic message sent to WSP’s current or potential clients, service providers and business partners to provide information on WSP projects and services. For example, WSP may send newsletters or invitations to events in the context of a current or potential business relationship.
- An electronic message sent by WSP as part of its recruitment process. For example, WSP HR department may contact potential employees electronically for recruitment purposes.
If you received a CEM or other electronic communication from WSP, you may be in a business relationship with WSP, you may have provided express or implied consent to receive CEMs from WSP, or the electronic communication may be exempt from CASL or its consent requirements.
WHEN IS AN ELECTRONIC MESSAGE EXEMPT FROM CASL REQUIREMENTS?
If you are receiving an electronic communication from WSP, it may be a message that does not qualify as a CEM or is otherwise exempt under CASL. For instance, a message is not considered a CEM where it does not have as one of its purposes to encourage the participation in a commercial activity. The electronic message is also exempt if it is one the following:
- An electronic message sent to you from a WSP employee with who you have a personal relationship, meaning that you have previously had a direct, voluntary, two-way communication;
- An electronic message sent to you from a WSP employee with who you have a family relationship;
- An electronic message sent within WSP (for e.g., between employees of WSP);
- An electronic message sent between WSP and another business, where there is an ongoing relationship between WSP and this other business;
- An electronic message sent by WSP in response to a request or inquiry; or
- An electronic message sent by WSP in order to enforce a legal right or obligation (for e.g., if there is an outstanding debt, or breached contract).
WHEN IS A CEM SENT WITH YOUR EXPRESS OR IMPLIED CONSENT?
Express Consent: You may have provided your express consent to WSP upon subscribing to receiving our Newsletter or other CEMs.
Implied Consent: WSP may infer your implied consent if:
- WSP has an existing business relationship with you or has a former business relationship with you which terminated less than two (2) years ago (for e.g., if you are a former client);
- WSP received an inquiry from you within the last six (6) months;
- You disclosed your electronic address to WSP (for e.g., you provided your business card to a WSP employee) or you conspicuously published your electronic address (for e.g., via a corporate website or in a brochure) and the CEM is in connection with your business role and function.
Situations where no consent is required: WSP does not need your consent when sending the following types of CEMs:
- An electronic message sent once, following a referral by a current WSP client, service provider, business partner or employee who also has a personal or business relationship with you;
- An electronic message that provides you with a quote or estimate for the supply of a service in answer to a request for a quote or estimate;
- An electronic message that facilitates, completes or confirms a transaction;
- An electronic message that provides WSP service warranty, product recall, safety or security information; or
- An electronic message that provides information about a WSP service purchased (including updates and upgrades) or the ongoing use or ongoing purchase of a WSP service.
WHEN IS A CEM REGARDED AS BEING SENT IN CONNECTION WITH YOUR BUSINESS ROLE AND FUNCTION?
A CEM would be regarded as being sent in connection with your business role and function in the following circumstances:
- The electronic message was sent to you by WSP to sell its services and you operate a business which may be interested in the WSP specific service promoted.
- The electronic message was sent to you by WSP to retain your services and is directly linked to your business. For example, WSP may contact you to perform portions of a contract in the context of a response to a request for proposals.
WHEN CAN A CEM BE RECEIVED THROUGH SOCIAL MEDIA?
You may be contacted by WSP via social media, such as LinkedIn, if you are connected on the social network with a WSP employee, or if you have indicated through your preference settings that you are open to receiving messages about commercial activities, business opportunities or ventures. You may also be contacted if you have conspicuously published your electronic address (for e.g., on a social media website), have not indicated that you do not wish to receive CEMs, and the CEM is sent in connection with your business role and function.
WHAT TO DO IF YOU DO NOT WISH TO RECEIVE CEMS FROM WSP
You may unsubscribe at any time from receiving CEMs by clicking on the unsubscribe link contained in the footer of the CEM. You may also request to be unsubscribed by notifying the WSP CASL Compliance Office at email@example.com, and we will remove you from the CEM distribution list(s) within ten (10) business days.
If you have received a CEM from WSP that you do not believe you should have received, please contact us immediately at firstname.lastname@example.org and we will promptly remove your email address from the CEM distribution list(s).
Once unsubscribed, you will no longer receive CEMs from WSP, although you may still receive electronic messages which relate to an ongoing business relationship and/or which are exempt under CASL.
AMENDMENTS OF THIS ANTI-SPAM COMMITMENT
From time to time, WSP will review and update this Anti-Spam Commitment as required to keep current with rules and regulations, new technologies, standards, business practices and outside parties’ concerns. We will post changes to the Anti-Spam Commitment on this page and, if the changes are significant, we will provide a more prominent notice.
QUESTIONS OR CONCERNS ABOUT THIS ANTI-SPAM COMMITMENT?
WSP has a designated CASL Compliance Office to answer any question or concern. You may contact the WSP CASL Compliance Office by emailing email@example.com.
Revised June, 2017
Both the English and French versions of this Anti-Spam Commitment have equal legal value.