Hong Kong Economic and Trade Office (Toronto)
Hong Kong Economic and Trade Office (“HKETO”) is committed to providing transparency to outside parties with respect to the compliance of the organization’s electronic communication with Canada’ Anti-Spam Legislation, in effect as of July 1st, 2014, and its relevant rules and regulations (hereinafter “CASL”). To that end, the HKETO Anti-Spam Commitment is a formal statement of rights and obligations which is made available to outside parties. It is intended to inform outside parties of the type of responsible and transparent practices adopted by HKETO when electronically communicating with outside parties, to inform outside parties about who they may contact at HKETO for any concern pertaining to electronic communications, and to inform such outside parties of where and how they may unsubscribe to any electronic communications from HKETO. This document also includes a series of answers to questions about spam and HKETO’s practices that are frequently asked by outside parties that HKETO may communicate with.
This Anti-Spam Commitment generally applies to any electronic communications sent by HKETO to outside parties and is protected by a range of business procedures, processes and policies to ensure that such communications are done in compliance with CASL. HKETO, in its electronic communications with outside parties, has to comply with the rules established by CASL and enforced by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau and the Privacy Commissioner of Canada. CASL regulates all commercial electronic messages (“CEM”), which are messages that include among their purposes, the encouragement of participation in a commercial activity.2. WHAT IS HKETO DOING TO COMPLY WITH CASL?
HKETO has undertaken various initiatives in order to make sure that it is compliant with CASL. It has adopted this Anti-Spam Commitment to provide transparency to outside parties with respect to the compliance of the organization’s electronic communication practices with CASL, as well as undertaken the following initiatives:
- HKETO has implemented CASL compliant consent forms
The consent of outside parties is necessary in order for HKETO to send a CEM. This consent typically must be “express”, but in certain circumstances consent can be “implied” and in others, messages are specifically exempt from consent requirements. HKETO has modified certain consent forms in order to ensure that the express consent obtained from recipients is in compliance with CASL. In addition, our business contacts can determine and manage their communication preferences by going to our Preference Center.
Your communication preferences can be updated at any time by visiting the Preference Center, which can be accessed at any time via our website, and you will be notified via email when changes have been made. You can have your email address removed from your mailing lists at any time, although even if you unsubscribe to receiving CEM from HKETO, you may still receive electronic messages from HKETO which relate to an ongoing business relationship or which are exempt under CASL.
- HKETO has modified its email footers
HKETO has modified its email footers to manage CASL’s consent requirements. Under CASL, all CEM sent must include certain prescribed content. For example, HKETO must clearly identify HKETO as the party sending the CEM, provide a method whereby the recipient can readily contact HKETO, such as a mailing address and one of (i) a telephone number with active response voicemail, (ii) an email address, or (iii) a web address; and provide a working unsubscribe mechanism. In consequence, CASL compliant email footers have been updated in all CEMsent from HKETO, in order to ensure compliance with CASL.
- HKETO has incorporated Unsubscribe Mechanisms
HKETO has incorporated unsubscribe mechanisms allCEM in order to manage CASL’s consent requirements. Under CASL, each CEM must provide a working unsubscribe mechanism (functional for 60 days), which must be processed without delay, within a maximum of 10 business days. In consequence, HKETO has set up a uniform process in order to ensure that all unsubscribe requests will be complied with. You may at any time unsubscribe from receiving CEM from HKETO by following the process laid out in the electronic message you receive, or contact HKETO’s CASL Compliance Officer, Mr. Nick Choi at firstname.lastname@example.org,although even if you unsubscribe to receiving CEM from HKETO, you may still receive electronic messages from HKETO which relate to an ongoing business relationship or which are exempt under CASL.3. WHY ARE YOU RECEIVING AN ELECTRONIC MESSAGE FROM HKETO?
The types of CEM HKETO may send from time to time could include the following:
- CEM sent to HKETO’s, or for that matter, including but not limited to the Invest Hong Kong Canada Desk’s current or potential clients/interlocutors (whether individuals or businesses), by HKETO’s business/investment promotion and Public Relations teams. For example, this may be for prospecting purposes, keeping our clients/interlocutors updated on the latest development or business opportunities in Hong Kong, inviting them to attend to business functions/events or in order to answer a request for information or an inquiry etc.;
- CEM sent to HKETO’s current or potential service providers by various HKETO business units. For example, HKETO may outsource part of its activities to a third party (such as a maintenance company, a translation service provider, etc.) or, HKETO HR department may contact potential employees electronically for recruitment purposes.
- CEM sent to HKETO’s current or potential business or academic/cultural activity partners. For example, HKETO has various partnerships withboards of trade, business associations, trade unions, think tanks, tertiary institutes, and student bodies etc.
If you have received a CEM from HKETO and you believe that you should not have, please assess as to whether you have provided implied or express consent to receive CEMs from HKETO, or if an exemption applies.
- Express Consent: You can verify that you have provided express consent to HKETO (or verify the status of your consent) by reviewing your preferences in the Preference Centeroran express consent message was sent to HKETO in response to a Consent Request CEM.
- Implied Consent: HKETO may infer your implied consent if:
- HKETO has an existing business relationship with you or has a former business relationship with you which terminated less than two years ago (for instance, you are a former business contact);
- HKETO received an inquiry from you within the last 6 months;
- You disclosed your electronic address to a HKETO employee (for example you provided your business card to a HKETO employee) or you conspicuously published your electronic address (for example, via a corporate website or in a brochure) and the CEM sent is in connection with your business role and function.
When is an electronic message exempt under CASL?
If you are receiving an electronic communications from HKETO, it may be a message that is exempt under CASL. This would be the case if the message is one the following:
- CEMs concerning international affairs;
- you have a personal relationship with the HKETO employee who contacted you, meaning that you have previously had a direct, voluntary, two-way communication;
- you have a family relationship with the HKETO employee who contacted you;
- the CEM is sent within HKETO (between employees of HKETO);
- the CEM is sent between HKETO and another business, where there is an ongoing relationship between HKETO and this other business;
- the CEM was sent by HKETO to you, in order to respond to your request or inquiry; or
- the CEM was sent by HKETO to you, in order to enforce a legal right or obligation (for instance, if you have an outstanding debt, or breached a contract that you have with HKETO, etc.).
In certain situations, your consent is not required for certain types of messages sent by HKETO, although you may still unsubscribe from future transmission of similar messages. The type of messages where HKETO does not need your consent is an electronic message that:
- is sent once, following a referral by a current HKETO client, service provider, business partner or employee who also has a personal or business relationship with you;
- only provides you with a request for a quote or an estimate;
- only facilitates or confirms a transaction;
- only provides HKETO warranty, safety or security information; or
- only provides information about your ongoing use of HKETO services.
If you have received a CEM, and you believe that you should not have, please contact us immediately at email@example.com and we will promptly remove your address from our list (within 10 business days).4. SOCIAL MEDIA
You may be contacted by a HKETO employee via social media, such as LinkedIn, if you are connected on the social network with the HKETO employee, or if you have indicated through your preference settings the fact that you are open to receiving messages about new business opportunities or ventures. You may also be contacted if you have conspicuously published your electronic address (for instance, on a social media website), have not indicated that you did not wish to receive CEM, and the CEM sent is in connection with your business role and function.5. WHAT TO YOU DO IF YOU NO LONGER WISH TO RECEIVE CEM FROM HKETO
At HKETO, we take the respect of laws very seriously. You may unsubscribe at any time from receiving CEM, by visitingHKETO’s Preference Centre[www.hketotoronto.gov.hk]or clicking on the link in any email that you may receive from HKETO, and we will remove you from our list within ten (10) business days.6. AMENDEMENT OF THIS ANTI-SPAM POLICY AND GUIDELINES
From time to time, HKETO will review and update this Anti-Spam Commitment as required to keep current with rules and regulations, new technologies, standards, our business practices and outside parties’ concerns. We will post any Anti-Spam Commitment changes on this page and, if the changes are significant, we will provide a more prominent notice (including, as the case may be, email notification of Anti-Spam Commitment changes). We will also keep prior versions of this Anti-Spam Commitment in an archive for your review.7. QUESTIONS OR CONCERNS ABOUT THIS ANTI-SPAM COMMITMENT?
HKETO has designated its CASL Compliance Officer as the person accountable for compliance with this Anti-Spam Commitment:
Mr. Nick Choi, Deputy Director, HKETO(Toronto)
at 174 St. George Street, Toronto ON M5R 2M7, Canada
By phone: 1-416-924-6858
By e-mail: firstname.lastname@example.org
If you need further assistance, please contact the HKETO either by writing to us at 174 St. George Street, Toronto ON M5R 2M7, Canada, Attention: Mr. Nick Choi, or by clicking here to submit your inquiry to our CASL Compliance Officer via email.
RevisedDec 23, 2014