1. Overview
Canada's Anti-Spam Legislation (CASL) is one of the world's strictest regulations governing commercial electronic messages. Vioify AI is fully committed to CASL compliance across every campaign we execute. This page explains how our reactivation campaigns operate within CASL requirements.
2. Existing Business Relationship (EBR) Exemption
CASL permits commercial electronic messages to recipients where an Existing Business Relationship (EBR) exists. For customer reactivation, the EBR exemption applies when:
- Purchase-based EBR: The recipient purchased a product or service within the preceding 2 years
- Contract-based EBR: A written contract existed within the preceding 2 years
- Subscription-based EBR: A membership or subscription was active within the preceding 2 years
We verify EBR eligibility for every contact before any campaign is sent. Contacts whose last transaction exceeds the 2-year window are excluded from email and SMS campaigns unless separate express consent has been obtained.
3. Message Requirements
Every commercial electronic message we send includes:
- Sender identification: Clear identification of the client (the business being represented)
- Contact information: A valid physical mailing address and at least one of: phone number, email, or web address
- Unsubscribe mechanism: A clearly visible, functional unsubscribe link processed within 10 business days
4. SMS Compliance
SMS messages are subject to additional requirements under both CASL and the Canadian Radio-television and Telecommunications Commission (CRTC) regulations. We only send SMS reactivation messages to contacts who:
- Originally opted in to SMS communications (not just order notifications)
- Fall within the EBR window
- Have a verified, active Canadian mobile number
Contacts who provided phone numbers solely for order updates or support purposes are excluded from SMS reactivation campaigns.
5. Direct Mail
CASL applies specifically to “commercial electronic messages.” Physical direct mail is not governed by CASL, though we follow Canada Post regulations and best practices for all direct mail campaigns.
6. Record Keeping
We maintain detailed records of:
- EBR verification for every contact
- Consent status and history
- All unsubscribe requests and processing timestamps
- Campaign content and send logs
7. International Contacts
For reactivation campaigns targeting contacts outside Canada, we comply with the applicable regulations in each jurisdiction:
- United States: CAN-SPAM Act compliance
- European Union: GDPR consent requirements
- Other jurisdictions: Local regulations assessed on a per-campaign basis
8. Penalties and Our Commitment
CASL violations carry penalties of up to $10 million per violation for businesses. We take this seriously. Every campaign undergoes compliance review before deployment, and our systems are built with CASL compliance as a foundational requirement — not an afterthought.
9. Questions
For CASL-related questions, contact our compliance team at compliance@vioify.ai.