CASL Compliance Policy

Policy Overview

CASL Compliance Policy

This CASL Compliance Policy describes how Emphos Group (“we,” “us,” or “our”) complies with Canada’s Anti-Spam Legislation (CASL), S.C. 2010, c. 23, in connection with all commercial electronic messages (CEMs) sent by or on behalf of Emphos Group.

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

CASL is one of the world’s strictest anti-spam laws. It requires organizations to obtain consent before sending CEMs, provide clear sender identification, and include a functioning unsubscribe mechanism in every CEM. Violations can result in significant administrative monetary penalties.

Section 1

What Is a Commercial Electronic Message (CEM)

Under CASL, a Commercial Electronic Message is any electronic message, including email, SMS/text message, instant message, or automated phone message, that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.

This includes:

• Promotional emails advertising EMPHOS Group products, services, or sales.
• Newsletters and marketing communications.
• Product launch or update announcements.
• Any other message with a commercial purpose sent to an electronic address.

Transactional messages such as order confirmations, shipping updates, password resets, and account notices are generally not considered CEMs under CASL and may be sent without prior marketing consent, provided they relate directly to a transaction or account relationship.

Section 2

Types of Consent

2.1 Express Consent

Express consent is obtained when a person clearly and explicitly agrees to receive CEMs from EMPHOS Group. Express 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 does not expire and remains valid until the individual withdraws it. EMPHOS Group maintains records of all express consents including the date, method, and any associated proof of consent.

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 have an existing business relationship arising from a purchase, contract, or inquiry made within the past 2 years.
• You have made an inquiry or application within the past 6 months.
• You have conspicuously published your electronic address without indicating you do not want unsolicited messages, and the CEM is relevant to your business or role.

Implied consent is time-limited. EMPHOS Group monitors the expiry of implied consent periods and ceases sending CEMs to individuals whose implied consent has lapsed and who have not provided express consent.

Section 3

Required Message Elements

Every CEM sent by EMPHOS Group will contain the following mandatory elements as required by CASL:

• Clear identification of Emphos Group as the sender of the message, including the legal name.
• 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.
• Prompt processing of unsubscribe requests within 10 business days of receipt.

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

Section 4

Unsubscribe Mechanism

Every CEM sent by EMPHOS Group includes an unsubscribe link or mechanism that allows recipients to opt out of future marketing communications.

When you use the unsubscribe mechanism:

• Your request will be processed within 10 business days, as required by CASL.
• You will be removed from all marketing and promotional communication lists.
• You may continue to receive transactional and administrative messages related to active orders or your account.
• Your unsubscribe request will be recorded and honoured without charge or penalty.

You may also unsubscribe by contacting EMPHOS Group directly at info@emphosgroup.com with “UNSUBSCRIBE” in the subject line.

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.

In the event of a CASL complaint or investigation, the burden of proof lies with the sender to demonstrate that valid consent existed. Consent records are maintained for a minimum of 3 years from the date of last contact.

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 third party is contractually required to comply with CASL.
• All messages sent through third-party platforms include the required sender identification and unsubscribe mechanism.
• EMPHOS Group retains responsibility for CASL compliance for all CEMs sent on its behalf.

Section 7

Employee Responsibilities

All EMPHOS Group team members involved in sending, creating, or approving electronic communications are required to understand and comply with CASL.

Any team member who becomes aware of a potential CASL violation must report it to management immediately. EMPHOS Group does not condone or permit the sending of non-compliant CEMs under any circumstances.

Section 8

Complaints and Reporting

If you believe you have received a CEM from EMPHOS Group in violation of CASL, please contact info@emphosgroup.com with “CASL COMPLAINT” in the subject line. EMPHOS Group takes all complaints seriously and will investigate and respond within 10 business days.

You may also report suspected CASL violations to the Canadian Radio-television and Telecommunications Commission (CRTC).

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