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.