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Anti-spam Commitment

Architecture49 is 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.

Architecture49 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.

PURPOSE

The Architecture49 Anti-Spam Commitment is a formal statement of rights and obligations which is made available to outside parties who may receive Architecture49 electronic communications. It is intended to inform outside parties of the type of responsible and transparent practices adopted by Architecture49 when sending electronic communications, of who they may contact at Architecture49 for any concern pertaining to electronic communications, and of where/how they may unsubscribe from CEMs received from Architecture49.

APPLICATION AND SCOPE

This Anti-Spam Commitment applies to CEMs sent by Architecture49 from Canada or accessed in Canada by outside parties.

A49’S COMPLIANCE WITH CASL

Architecture49 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, Architecture49 notably undertook the following initiatives:

A49 IMPLEMENTED CASL COMPLIANT CONSENT COLLECTION PROCESSES

The consent of outside parties is necessary in order for Architecture49 to send a CEM. This consent must be “express” or “implied”, unless the electronic communication is exempt from CASL or its consent requirements. Architecture49 modified consent collection processes to ensure that consent obtained from recipients is in compliance with CASL.

A49 MODIFIED ITS EMAIL FOOTERS

Architecture49 modified its email footers to manage CASL’s requirements. In particular, CEMs sent from Architecture49 identify A49 as the party sending the CEM, provide a method whereby the recipient can readily contact Architecture49, 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.

A49 INCORPORATED UNSUBSCRIBE MECHANISMS

CEMs sent from Architecture49 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, Architecture49 incorporated compliant unsubscribe mechanisms into CEM email footers. Recipients may at any time unsubscribe from receiving CEMs from Architecture49 by following the process laid out in the CEM, or by contacting winnipeg@architecture49.com.

A49 IMPLEMENTED INTERNAL GUIDELINES AND TRAINING FOR EMPLOYEES

Architecture49 implemented internal guidelines as well as a training program on CASL awareness for all its employees. A49 employees are further required to confirm their awareness of CASL requirements and their agreement to abide by Architecture49’s Anti-Spam Commitment and associated business procedures, processes and policies.

WHY ARE YOU RECEIVING AN ELECTRONIC MESSAGE FROM A49?

The types of electronic messages Architecture49 may send from time to time include the following:

  • An electronic message sent to A49’s current clients, service providers, business partners, or other persons with whom Architecture49 has a business relationship to carry out its commercial activities;
  • An electronic message sent to A49’s current or potential clients (whether individuals or businesses) by A49’s marketing department or A49’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 A49’s current or potential service providers by various A49 business units. For example, A49 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 A49’s current or potential business partners. For example, A49 has various partnerships with recruitment agencies, strategic partners and preferred partners, etc.
  • An electronic message sent to A49’s current or potential clients, service providers and business partners to provide information on A49 projects and services. For example, A49 may send newsletters or invitations to events in the context of a current or potential business relationship.
  • An electronic message sent by A49 as part of its recruitment process. For example, A49 HR department may contact potential employees electronically for recruitment purposes.

If you received a CEM or other electronic communication from A49, you may be in a business relationship with A49, you may have provided express or implied consent to receive CEMs from A49, 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 A49, 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 A49 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 A49 employee with who you have a family relationship;
  • An electronic message sent within A49 (for e.g., between employees of A49);
  • An electronic message sent between A49 and another business, where there is an ongoing relationship between A49 and this other business;
  • An electronic message sent by A49 in response to a request or inquiry; or
  • An electronic message sent by A49 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 A49 upon subscribing to receiving our Newsletter or other CEMs.

Implied Consent: A49 may infer your implied consent if:

  • A49 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);
  • A49 received an inquiry from you within the last six (6) months;
  • You disclosed your electronic address to A49 (for e.g., you provided your business card to a A49 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: A49 does not need your consent when sending the following types of CEMs:

  • An electronic message sent once, following a referral by a current A49 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 A49 service warranty, product recall, safety or security information; or
  • An electronic message that provides information about a A49 service purchased (including updates and upgrades) or the ongoing use or ongoing purchase of a A49 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 A49 to sell its services and you operate a business which may be interested in the A49 specific service promoted.
  • The electronic message was sent to you by A49 to retain your services and is directly linked to your business. For example, A49 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 A49 via social media, such as LinkedIn, if you are connected on the social network with a A49 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 A49

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 A49 CASL Compliance Office at winnipeg@architecture49.com, and we will remove you from the CEM distribution list(s) within ten (10) business days.

If you have received a CEM from A49 that you do not believe you should have received, please contact us immediately at winnipeg@architecture49.com
and we will promptly remove your email address from the CEM distribution list(s).

Once unsubscribed, you will no longer receive CEMs from A49, 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, A49 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?

A49 has a designated CASL Compliance Office to answer any question or concern. You may contact the A49 CASL Compliance Office by emailing winnipeg@architecture49.com

Revised June, 2017
Both the English and French versions of this Anti-Spam Commitment have equal legal value.