WSP Global Inc. and WSP Group Consulting Inc. (collectively “WSP”) are committed to providing transparency to outside parties with respect to the compliance of the organization’s electronic communication with Canada’ Anti-Spam Legislation, in effect as of July 1st, 2014, and its relevant rules and regulations (hereinafter “CASL”). To that end, the WSP Anti-Spam Commitment is a formal statement of rights and obligations which is made available to outside parties. It is intended to inform Canadian outside parties of the type of responsible and transparent practices adopted by WSP when electronically communicating with outside parties, to inform these outside parties about who they may contact at WSP for any concern pertaining to electronic communications, and to inform such outside parties of where and how they may unsubscribe to any electronic communications from WSP. This document also includes a series of answers to questions about spam and WSP’s practices that are frequently asked by outside parties that WSP may communicate with.
APPLICATION AND SCOPE
This Anti-Spam Commitment generally applies to any electronic communications sent by WSP to outside parties and is protected by a range of business procedures, processes and policies to ensure that such communications are done in compliance with CASL. WSP, in its electronic communications with outside parties, has to comply 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. CASL regulates all commercial electronic messages (“CEM”), which are messages that include among their purposes, the encouragement of participation in a commercial activity.
WHAT IS WSP DOING TO COMPLY WITH CASL?
WSP has undertaken various initiatives in order to make sure that it is compliant with CASL. It has adopted this Anti-Spam Commitment to provide transparency to outside parties with respect to the compliance of the organization’s electronic communication practices with CASL, as well as undertaken, amongst others, the following initiatives:
- WSP has implemented CASL compliant consent forms
The consent of outside parties is necessary in order for WSP to send a CEM. This consent typically must be “express”, but in certain circumstances consent can be “implied” and in others, messages are specifically exempt from consent requirements. WSP has modified certain consent forms in order to ensure that the express consent obtained from recipients is in compliance with CASL. You can have your email address removed from WSP’s mailing lists at any time, although even if you unsubscribe to receiving CEM from WSP, you may still receive electronic messages from WSP which relate to an ongoing business relationship or which are exempt under CASL.
- WSP has modified its email footers
WSP has modified its email footers to manage CASL’s consent requirements. Under CASL, all CEM sent must include certain prescribed content. For example, WSP must clearly 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. In consequence, CASL compliant email footers have been updated on all email communications (emails and mass mailings) sent from WSP, in order to ensure compliance with CASL.
- WSP has incorporated Unsubscribe Mechanisms
WSP has incorporated unsubscribe mechanisms into all electronic communications, in order to manage CASL’s consent requirements. Under CASL, each CEM must provide a working unsubscribe mechanism (functional for 60 days), which must be processed without delay, within a maximum of 10 business days. In consequence, WSP has set up a uniform process in order to ensure that all unsubscribe requests will be complied with. You may at any time unsubscribe from receiving CEM from WSP by following the process laid out in the electronic message you receive, or contact WSP’s CASL Compliance Advisor at email@example.com although even if you unsubscribe to receiving CEM from WSP, you may still receive electronic messages from WSP which relate to an ongoing business relationship or which are exempt under CASL.
WHY ARE YOU RECEIVING AN ELECTRONIC MESSAGE FROM WSP?
The types of CEM WSP may send from time to time could include the following:
- CEM 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;
- CEM 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.) or, WSP HR department may contact potential employees electronically for recruitment purposes.
- CEM sent to WSP’s current or potential business partners. For example, WSP has various partnerships with recruitment agencies, strategic partners and preferred partners, etc.
If you have received a CEM from WSP and you believe that you should not have, please assess as to whether you have provided implied or express consent to receive CEMs from WSP, or if an exemption applies.
- Express Consent: You may have provided your express consent upon subscribing to receiving our Newsletter or other CEM from us.
- 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 years ago (for instance, if you are a former client);
- WSP received an inquiry from you within the last 6 months;
- You disclosed your electronic address to a WSP employee (for example you provided your business card to a WSP employee) or you conspicuously published your electronic address (for example, via a corporate website or in a brochure) and the CEM sent is in connection with your business role and function.
When is a CEM regarded as being sent in connection with your business role and function?
Selling WSP services: A CEM would be regarded as being sent in connection with your business role and function if, for instance, the 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 (design engineering, architecture, project management, environmental, etc.).
Retaining a service provider or business partner: A CEM would also be regarded as being sent in connection with your business role and function if the 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 RFP.
When is an electronic message exempt under CASL?
If you are receiving an electronic communications from WSP, it may be a message that is exempt under CASL. This would be the case if the message is one the following:
- you have a personal relationship with the WSP employee who contacted you, meaning that you have previously had a direct, voluntary, two-way communication;
- you have a family relationship with the WSP employee who contacted you;
- the CEM is sent within WSP (between employees of WSP);
- the CEM is sent between WSP and another business (including WSP’s strategic partners), where there is an ongoing relationship between WSP and this other business;
- the CEM was sent by WSP to you, in order to respond to your request or inquiry; or
- the CEM was sent by WSP to you, in order to enforce a legal right or obligation (for instance, if you have an outstanding debt, or breached a contract that you have with WSP or an obligation toward WSP, etc.).
In certain situations, your consent is not required for certain types of messages sent by WSP, although you may still unsubscribe from future transmission of similar messages. The type of messages where WSP does not need your consent is an electronic message that:
- is 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;
- only provides you with a request for a quote or an estimate;
- only facilitates or confirms a transaction;
- only provides WSP service warranty, product recall, safety or security information; or
- only provides information about:
- your ongoing use of WSP services or ongoing purchases;
- a WSP service purchased (including updates and upgrades).
If you have received a CEM, and you believe that you should not have, please contact us immediately at firstname.lastname@example.org and we will promptly remove your address from our list (within 10 business days).
You may be contacted by a WSP employee via social media, such as LinkedIn, if you are connected on the social network with the WSP employee, or if you have indicated through your preference settings the fact that you are open to receiving messages about new business opportunities or ventures. You may also be contacted if you have conspicuously published your electronic address (for instance, on a social media website), have not indicated that you did not wish to receive CEM, and the CEM sent is in connection with your business role and function.
WHAT TO YOU DO IF YOU NO LONGER WISH TO RECEIVE CEM FROM WSP
At WSP, we take the respect of laws very seriously. You may unsubscribe at any time from receiving CEM, by contacting us at email@example.com, and we will remove you from our list within ten (10) business days.
AMENDEMENT OF THIS ANTI-SPAM POLICY AND GUIDELINES
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, our business practices and outside parties’ concerns. We will post any Anti-Spam Commitment changes on this page and, if the changes are significant, we will provide a more prominent notice (including, as the case may be, email notification of Anti-Spam Commitment changes).
QUESTIONS OR CONCERNS ABOUT THIS ANTI-SPAM COMMITMENT?
WSP has designated its CASL Compliance Advisor as the person who may answer any question or concern:
Name: Carol Groulx
By phone: (613) 829-2800 ext. 19293
By e-mail: firstname.lastname@example.org
If you need further assistance, please contact the WSP CASL Compliance Advisor by emailing at email@example.com.
Revised July 1, 2014
Please note that both the English and French versions of our Anti-Spam Commitment have equal legal value.
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.