Cogeco Peer 1 is committed to providing transparency to external parties regarding the compliance of its electronic communications with Canada’s Anti-Spam Legislation, and its relevant rules and regulations (“CASL”). To that end, the Cogeco Peer 1 Anti-Spam Commitment is a formal statement of rights and obligations made available to external parties to inform them of:
- The responsible and transparent practices adopted by Cogeco Peer 1 when electronically communicating with external parties;
- Who they may contact at Cogeco Peer 1 for any concern pertaining to electronic communications, and
- Where and how they may unsubscribe to any electronic communications from Cogeco Peer 1.
This document also includes a series of answers to questions about spam and Cogeco Peer 1’s practices.
APPLICATION AND SCOPE
This Anti-Spam Commitment applies to Cogeco Peer 1. This Anti-Spam Commitment generally applies to any commercial electronic messages (“CEM”) sent by Cogeco Peer 1 to external parties and is completed by a range of business procedures, processes and policies to ensure that such messages comply with CASL. Cogeco Peer 1, in its electronic communications with external parties, has to comply with the rules established by CASL and enforced by the Canadian Radio-television and Telecommunications Commission (“CRTC”), the Competition Bureau and the Privacy Commissioner of Canada. CASL regulates all CEMs, which are messages that include, among their purposes, the encouragement of participation in a commercial activity.
WHAT IS COGECO PEER 1 DOING TO COMPLY WITH CASL?
In addition to this Commitment, Cogeco Peer 1 has undertaken the following initiatives to ensure that we are compliant with CASL.
1. Cogeco Peer 1 has modified its email footers Cogeco Peer 1 has modified its email footers to manage CASL’s content requirements. Under CASL, all CEMs sent must include certain prescribed content. For example, Cogeco Peer 1 must:
- Clearly identify Cogeco Peer 1 as the party sending the CEM;
- Provide a method where the recipient can readily contact Cogeco Peer 1, such as a mailing address and one of:
- a) a telephone number with active response voicemail;
- b) an email address; or
- c) a web address; and
Consequently, email footers have been updated on electronic communications sent from Cogeco Peer 1, in accordance with CASL requirements.
2. Cogeco Peer 1 has incorporated unsubscribe mechanisms Cogeco Peer 1 has incorporated unsubscribe mechanisms into all relevant electronic communications, in order to manage CASL’s requirements. Under CASL, each CEM must provide a working unsubscribe mechanism, where the unsubscribe request must be processed within a maximum of 10 business days. As a consequence, Cogeco Peer 1 has set up a process in order to ensure that all unsubscribe requests are handled in an adequate and compliant way.
WHY ARE YOU RECEIVING A CEM FROM COGECO PEER 1?
The types of CEMs Cogeco Peer 1 may send you from time to time could include the following:
- CEMs sent to current or potential clients (whether individuals or businesses), by Cogeco Peer 1 marketing, e-business, customer experience departments, Cogeco Peer 1 corporate sales team or any other department at Cogeco Peer 1. These CEMs may be sent for prospecting purposes or in order to answer a request for information or an inquiry;
- CEMs sent to current or potential service providers by various Cogeco Peer 1 business units. For example, Cogeco Peer 1 may contact potential employees electronically for recruitment purposes;
- CEMs sent to current or potential business partners. For example, Cogeco Peer 1 has various partnerships with, among others, recruitment agencies and business partners.
If you have received a CEM from Cogeco Peer 1 and you believe that you should not have received it, you may wish to assess whether you have already provided consent to receive CEMs, for example under the terms of an agreement with us or if this consent is implied, or whether that message received from Cogeco Peer 1 is covered by CASL. Implied Consent: Cogeco Peer 1 may infer your implied consent if:
- Cogeco Peer 1 has an existing business relationship with you or has entertained a former business relationship with you which terminated less than two years ago (for instance, you are a former client);
- Cogeco Peer 1 has received an inquiry from you within the last 6 months;
- You disclosed your electronic address to a Cogeco Peer 1 employee and the CEM sent by Cogeco Peer 1 is in connection with your business role and function. For example:
- you provided your business card to a Cogeco Peer 1 employee
- you published your electronic address in a publication (for instance a website or a brochure).
- You have a personal relationship with the Cogeco Peer 1 employee who contacted you (meaning that you have previously had a direct, voluntary, two-way communication);
- You have a family relationship with the Cogeco Peer 1 employee who contacted you by email;
- The CEM is sent between Cogeco Peer 1 and another business, where there is an ongoing relationship between Cogeco Peer 1 and this other business. For example a business partner or a service provider;
- The CEM was sent by Cogeco Peer 1 to you, in order to respond to your own request or inquiry (for instance, you contacted Cogeco Peer 1 and Customer Support answered you via email);
- The CEM was sent by Cogeco Peer 1 to you, in order to enforce a legal right or obligation.
- In certain situations, your consent is not required for certain types of messages sent by Cogeco Peer 1, although you may still unsubscribe from future transmission of similar messages. The type of message for which Cogeco Peer 1 does not need your consent is an electronic message that:
- Is sent once, following a referral by a current Cogeco Peer 1 client, service provider, business partner or employee who also has a personal, family or business relationship with you;
- Only provides you with a request for a quote or an estimate;
- Only facilitates or confirms a transaction;
- Relates to a warranty, product recall, safety or security information;
- Only provides information about:
- your ongoing use of Cogeco Peer 1 services or products or ongoing purchases;
- your ongoing Cogeco Peer 1 client subscription or accounts (for instance, your contract coming to an end soon);
- Constitutes the delivery of a Cogeco Peer 1 product, good, or service (including updates and upgrades).
- You are connected on the social network with this Cogeco Peer 1 employee, or;
- You have indicated through your preference settings that you are open to receiving messages about new business opportunities or ventures, or;
- You have published your electronic address (for instance, on a social media website) and have not indicated that you did not wish to receive CEM
- Corporate Privacy Commitment
CAN COGECO PEER 1 SEND YOU AN ELECTRONIC MESSAGE NOTWITHSTANDING CASL?
If you are receiving an electronic communication from Cogeco Peer 1, it may be a message that is exempt under CASL and would therefore not constitute a CEM. This would be the case if the message is one the following:
If you still believe that you should not have received this CEM, please contact us immediately (see contact information below) and we will promptly address the situation (within 10 business days). However, please note that you may continue to receive electronic messages that are not promotional in nature (and which are exempt from CASL) or which are required by law to be delivered.
SOCIAL MEDIA AND INFORMATION PUBLISHED ONLINE
You may be contacted by a Cogeco Peer 1 employee via social media if:
In all cases, CEM sent must be in connection with your business role and function.
WHAT DO YOU DO IF YOU NO LONGER WISH TO RECEIVE CEMS FROM COGECO PEER 1?
At Cogeco Peer 1, we take compliance very seriously. You may unsubscribe at any time from receiving CEMs by following the process laid out in a CEM you may have received from Cogeco Peer 1, or by contacting us as outlined below, and we will remove you from our lists within ten (10) business days.
AMENDMENT OF THIS ANTI-SPAM COMMITMENT
From time to time, Cogeco Peer 1 will review and update this Anti-Spam Commitment as required to keep current with applicable rules and regulations, new technologies, standards, our business practices and external parties’ concerns. An up-to-date version of the Anti-Spam Commitment will be available at all times on this page. If the changes are significant, we will provide a prominent notice (including, as the case may be, email notification of the changes).
QUESTIONS OR CONCERNS ABOUT THIS ANTI-SPAM COMMITMENT?
Cogeco Peer 1 has designated its Chief Privacy Officer as the person accountable for compliance with this Anti-Spam Commitment:
Ross Woodham, Privacy Officer
Cogeco Peer 1
413 Horner Ave, Toronto
ON M8W 4W3, Canada
North America: +164 7243 6314
Europe: +44 2380 926 337
By e-mail: email@example.com
On the same or similar subject, you may want to review our other policies:
This Anti-Spam Commitment was last updated on 27 July, 2016.
Please note that both the English and French versions of our Anti-Spam Commitment have equal legal value.