CASL Compliance Policy

Policy Overview

CASL Compliance Policy

This policy sets out the electronic messaging practices of EMPHOS Group Corporation (“EMPHOS Group,” “we,” “us,” or “our”) under Canada’s Anti-Spam Legislation (CASL), S.C. 2010, c. 23. It applies to commercial electronic messages (CEMs) sent by us or on our behalf.

EMPHOS Group is committed to respecting communication preferences and obtaining all required consents before sending electronic marketing communications.

CASL generally requires consent, sender identification, and an unsubscribe mechanism for CEMs. Specific exceptions apply. We assess a message’s content and purpose before relying on an exception, including for messages about an existing purchase, subscription, or software account.

Section 1

What Is a Commercial Electronic Message (CEM)

A commercial electronic message is an electronic message whose content, links, or contact information make it reasonable to conclude that one of its purposes is to encourage participation in a commercial activity. This can include email, SMS/text messages, and messages to instant-messaging accounts. A commercial activity need not involve an expectation of profit.

This includes:

• Promotional emails advertising EMPHOS Group products, services, or sales.
• Newsletters and marketing communications.
• Promotional announcements about product launches, paid upgrades, or offers.
• Any other message with a commercial purpose sent to an electronic address.

Some messages that deal only with an agreed transaction, account facts, product delivery, or safety and security information may qualify for an exception to CASL’s consent requirement. They can still be CEMs subject to identification and unsubscribe requirements. We do not treat every transactional or account message as automatically outside CASL, and we assess promotional content separately.

Two-way voice calls, faxes to telephone accounts, and recorded voice messages to telephone accounts are excluded from CASL section 6; separate telecommunications rules may apply.

Section 2

Types of Consent

2.1 Express Consent

Express consent requires a clear, positive agreement to receive our CEMs. Our request explains the purpose, identifies the sender, gives contact information, and explains that consent can be withdrawn. Consent may be obtained:

• Through a clearly labelled opt-in checkbox on the website, checkout page, or account registration form that is not pre-checked.
• Through a written request by the individual to receive communications.
• Through a verbal request that is recorded and documented.

Express consent has no fixed expiry and remains subject to withdrawal. We keep evidence of when and how it was given and what it covered. An electronic request for marketing consent is itself a CEM; we send such a request only when there is already a lawful basis to do so.

2.2 Implied Consent

In certain limited circumstances, CASL permits implied consent to send CEMs without express opt-in. Implied consent may exist where:

• You made a qualifying purchase or lease within the 2 years before the message is sent.
• You made a qualifying inquiry or application within the 6 months before the message is sent.
• You have a qualifying written contract with us that is still in effect or expired within the preceding 2 years.
• You conspicuously published, or caused to be published, your electronic address without a statement against unsolicited CEMs, and our message is relevant to your business role, functions, or duties.

These grounds have specific conditions. Relationship-based periods differ, and the publication ground is not a general licence to contact any address found online. We record the basis we rely on, check any expiry, and honour withdrawals. When consent lapses, marketing stops unless another lawful basis applies. See the CRTC’s implied-consent guidance.

Section 3

Required Message Elements

Our marketing messages include the following information. We also include it in other CEMs where CASL requires it:

• Identification of EMPHOS Group Corporation and, where required, any different sender, with their respective roles made clear.
• Mailing address: 9398 Coote Street, Chilliwack, BC, V2P 6B5, Canada.
• Contact email address: info@emphosgroup.com.
• A clearly visible, easy-to-use unsubscribe mechanism that allows the recipient to opt out of future CEMs.
• Contact details and an unsubscribe address or page that remain valid for at least 60 days after the message is sent.

EMPHOS Group will not send CEMs that contain false or misleading sender information, subject lines, or message content.

Section 4

Unsubscribe Mechanism

Our marketing messages provide a clear, easy way to unsubscribe without charge, using the same electronic means where practicable. Where CASL requires an unsubscribe mechanism, it remains available for at least 60 days after the message is sent. You do not need to sign in, provide a reason, or pay a fee.

When you use the unsubscribe mechanism:

• We give effect to your request promptly, no later than 10 business days after it is sent, without requiring further action from you.
• A request to stop all marketing applies across our marketing lists. If you choose to stop a particular category, we apply that preference as requested.
• You may still receive non-marketing or legally permitted service messages, such as messages necessary to deliver a purchase or address account security, subject to the applicable CASL requirements.
• Your unsubscribe request will be recorded and honoured without charge or penalty.

You may also email info@emphosgroup.com. Using “UNSUBSCRIBE” in the subject line helps us route your request, but is not required. Please identify the email address or phone number that received the message if it differs from the address you use to contact us.

Section 5

Consent Records and Documentation

EMPHOS Group maintains detailed records of all consents obtained for sending CEMs, including:

• The identity of the person who provided consent.
• The date, time, and method by which consent was obtained.
• The specific communication or activity for which consent was given.
• The text of any consent language presented at the time of opt-in.
• The facts and any expiry date supporting implied consent.
• Unsubscribe requests, preference changes, and the action taken to apply them.

We must be able to demonstrate the consent on which we rely. Our recordkeeping policy is to retain supporting records while we rely on that consent and for at least 3 years after the last contact, with longer retention where required for a legal obligation or an active complaint or investigation. We retain the suppression information needed to honour an unsubscribe request. Records are restricted to appropriate personnel and handled under our privacy practices.

Section 6

Third-Party Senders and Service Providers

Where EMPHOS Group engages third-party service providers to send CEMs on its behalf, such as email marketing platforms, EMPHOS Group ensures that:

• The service provider is required by our agreement to follow the applicable CASL requirements for the messages it sends on our behalf.
• Messages include the identification and unsubscribe information that applies, and the provider receives the consent and suppression instructions needed for the campaign.
• Unsubscribe requests and corrections are applied across the relevant systems. Using a service provider does not remove EMPHOS Group’s responsibilities.

Section 7

Employee Responsibilities

Employees, contractors, and other authorized personnel who create, approve, or send electronic marketing on our behalf must follow this policy. They must verify the consent or exception relied on, use accurate sender details, and check the applicable suppression records before a campaign is sent.

Anyone who identifies a possible violation must report it to management promptly so the affected activity can be reviewed and corrected. Automated campaigns and third-party sending tools are subject to the same requirements.

Section 8

Complaints and Reporting

If you have a concern about a message from EMPHOS Group, email info@emphosgroup.com. The subject “CASL COMPLAINT” helps route your message. Include the sender, date, and a copy or description of the message. We will investigate and respond within 10 business days; this is our service commitment.

You can report suspected spam directly through Canada’s Spam Reporting Centre. The CRTC’s spam reporting guidance explains the reporting route. You do not need to contact EMPHOS Group first.

Section 9

Changes to This Policy

EMPHOS Group may update this CASL Compliance Policy from time to time to reflect changes in practices or applicable law. Any updates will be posted on this page with a revised “Last Updated” date.

Section 10

Contact Us

For questions about CASL compliance practices or to submit an unsubscribe or consent request, contact EMPHOS Group directly.

EMPHOS Group Corporation
9398 Coote Street, Chilliwack, BC, V2P 6B5, Canada
Email: info@emphosgroup.com