Canada’s anti-spam legislation (CASL) is a federal law dealing with spam and other electronic threats. It is meant to protect Canadians while ensuring that businesses can continue to compete in the global marketplace.
Key Elements of CASL
The CASL designation is automatically added to all kvCORE company, office, and agent websites that are located in Canada.
CASL requires the following information:
- All forms of email communication must include the name, email, and mailing address of the sender(s).
- All forms of communication must include an unsubscribe link.
- All leads that come in from third party lead sources will default to Implied consent.
To learn more about 3rd party lead forwarding into kvCORE click here.
Definition of Spam According to CASL
Spam has become a significant social and economic burden in Canada and around the world. As defined by CASL, spam is unsolicited e-mail although it can also include unsolicited text messages and software.
The legal definition of spam also encompasses:
- unauthorized alteration of transmission data
- the installation of computer programs without consent
- false or misleading electronic representations (including websites)
- the harvesting of addresses (collecting and/or using email or other electronic addresses without permission)
- the collection of personal information by accessing a computer system or electronic device illegally
CASL focuses on commercial electronic messages, which are those that encourage participation in a commercial activity whether or not there is an expectation of profit.
CASL Consent Types
There are two types of Recipient (Contact) Consent:
- Implied Consent.
- Express Consent.
Implied Consent lasts for six months from the date contact information is obtained. In kvCORE, this translates to six months from the date a new contact is added to your Smart CRM.
Any leads that flow into your kvCORE account from third party sources default to 'Implied Consent'.
Express Consent lasts until the individual who provided their contact information chooses to revoke their permission for the business to communicate with them.
In order to receive Express Consent from someone, the following information must be provided to them in full:
- There must be a clear indication of what you are asking them to opt in to.
- There must be a clear indication of who are you are or the entity you are asking for consent on behalf of.
a) This is very important if you are planning on sending out newsletters on behalf of a partner, like your lender, or if you will be sharing the contact information with someone else, like an agent partner and/or lender.
- There must be a clear indication that the individual may unsubscribe.
- All parties seeking consent must include a mailing address along with a phone number, email address, and/or web address.
All leads generated from your kvCORE website fall under 'Express Consent'.
CASL Consent Locations in kvCORE
kvCORE Website - Hero Template Only
1. Registration Form
A website visitor cannot register for an account on your kvCORE website without acknowledging Express Consent.
2. Market Reports
If a website visitor is not registered as a lead yet, but wishes to see market report data, they have to register for an account first. Just like with the normal registration form above, they cannot do so without acknowledging Express Consent.
3. Ask Agent a Question
If a website visitor is not registered as a lead yet, but wishes to submit a question to the agent from their subdomain, they have to register for an account first. Just like with the normal registration form above, they cannot do so without acknowledging Express Consent.
4. Request a Showing
If a website visitor is not registered as a lead yet, but wishes to submit a showing request, they have to register for an account first. Just like with the normal registration form above, they cannot do so without acknowledging Express Consent.
5. Send Me a Message
If a website visitor is not registered as a lead yet, but wishes to submit a message to you, they have to register for an account first. Just like with the normal registration form above, they cannot do so without acknowledging Express Consent.
6. "We're Hiring" Recruiting Web Page
If a website visitor is not registered as a lead yet, but wishes to submit a message via the "We're Hiring" recruiting page, they have to acknowledge Express Consent when submitting their information for review.
1. Manually Adding a Contact
When manually adding contacts into your kvCORE Smart CRM you must choose Implied Consent or Express Consent. If none is chosen when adding a contact kvCORE will default their consent to 'Implied'.
2. Importing Contacts
When importing contacts into kvCORE you must have two additional columns:
- Consent Type - either 'Implied' or 'Express'
- Consent Date - format must be YYYY-MM-DD
If the consent type is 'Implied' for any imported contacts kvCORE will default to six months after the Consent Date specified in your file, NOT six months from the imported date.
To learn more about Bulk Imports click here.
3. Contact Record
If you need to confirm or change a contact's consent type you are able to do so in their contact record in your Smart CRM under 'More Details'.
4. Landing Pages
When someone submits their contact information via a landing page they are automatically opted into Express Consent which is mentioned under the registration bar.
kvCORE Email Communications and Unsubscribing
kvCORE is set up with a default CASL signature (meaning your title and office phone are included along with your basic contact information) that is applied to all system automated email communications sent on behalf of agents. This includes the below:
- Default Smart Campaign email templates
- Behavior Alert emails
- Valuation emails
- Search Alert emails
- Listing Traffic Reports
- Market Reports
The default signature will also be automatically applied to the below manually created/sent email types IF you do not have a signature in your agent profile.
- Individual emails (simple and advanced)
- Custom Smart Campaign emails (simple and advanced)
- Scheduled Mass emails (simple and advanced)
If you do have a custom email signature in your agent profile, you are responsible for ensuring it meets CASL-required formatting guidelines.
All emails sent from kvCORE, automated and manual, will include an Unsubscribe link for the recipient to access, if desired. You will get an email notification whenever a contact chooses to unsubscribe.