RMHC Manitoba Anti-Spam Compliance Policy

At Ronald McDonald House Charities Manitoba ("RMHC MANITOBA"), we are committed to establishing and maintaining the responsible use of electronic communications by our contractors, agents and representatives.

These Anti-Spam Compliance Guidelines (the "Guidelines") apply to all employees, contractors, agents and other representatives of RMHC CANADA, as well as users of the RMHC MANITOBA website (the "Site") who send Commercial Electronic Messages (as defined below) on behalf of, or that may be interpreted as being sent on behalf of, RMHC MANITOBA. This document is meant to be read in conjunction with RMHC MANITOBA's other policies, including for example:

Compliance with Anti-Spam Laws

It is RMHC MANITOBA's policy to comply with applicable anti-spam legislation. We require our employees, contractors, agents and other representatives, as well as users of the Site, to do the same. Sometimes, such legislation differs from one jurisdiction to another. These Guidelines cover only those activities that are subject to the provisions of Canada's Anti-Spam Law ("CASL").

You are solely responsible for compliance with all applicable Canadian laws when acting for or on behalf of RMHC MANITOBA or using the Site, including for greater certainty all privacy and anti-spam laws.

What is a Commercial Electronic Message?

A "Commercial Electronic Message" is a message sent by any means of telecommunication (including for example, e-mail, text, instant message, etc.) by or on behalf of RMHC MANITOBA or through the use of the Site that is intended to encourage the participation in a commercial activity. RMHC MANITOBA interprets CASL as potentially including solicitations for donation as within the scope of the term "commercial activity."

It is important to note that CASL exempts CEMs sent by registered charities, such as RMHC MANITOBA and many of its affiliates, from certain compliance obligations, where the CEM is sent for the "primary purpose of fundraising." In this context, a message sent for the primary purpose of fundraising may include:

  • the offer of a good or service as part of the solicitation message, to prompt a donation;
  • a message sent for the purposes of donor stewardship;
  • a message sent in relation to a membership program;
  • collaborations with non-charitable organizations to sell goods or services;
  • donor recognition communications;
  • activities such as charitable lotteries, events, tournaments, fun runs, gala dinners and the like;
  • implied or explicit requests for donation, including donation to user campaigns on the Site;
  • information about planned giving;
  • information about RMHC MANITOBA's charitable programs, services, or facilities sent to encourage donations; and
  • information about gift incentives, premiums or other fundraising merchandise.

Sending Commercial Electronic Messages to Third Parties on behalf of RMHC MANITOBA

You may only send Commercial Electronic Messages to a third party on behalf of RMHC MANITOBA, or through the use of the Site, if either you or RMHC MANITOBA has received and recorded the recipient’s consent to receive the Commercial Electronic Message or the CEM is sent for the primary purpose of fundraising as discussed above. You may also send Commercial Electronic Messages to a third party on behalf of RMHC MANITOBA or through the use of the Site if otherwise authorized in writing by RMHC MANITOBA. Finally, you may send Commercial Electronic Messages to third parties through the use of the Site if you do so in compliance with the Site [hyperlink: Terms of Use.]

Formalities

Please ensure that any Commercial Electronic Message that you are permitted to send under this Policy clearly and prominently:

  1. identifies RMHC MANITOBA in the body of the Commercial Electronic Message;
  2. contains:
    1. the mailing address of RMHC MANITOBA, and
    2. either RMHC MANITOBA's telephone number, e-mail address or website address; and
  3. includes an unsubscribe mechanism.

Specifically, you must include the following language in any CEM sent by your organization on behalf of RMHC MANITOBA:

This message was sent by [or on behalf of] Ronald McDonald House Charities Manitoba. You may contact Ronald McDonald House Charities Manitoba at:

Ronald McDonald House Charities Manitoba
566 Bannatyne Avenue
Winnipeg, Manitoba, R3A 0G7
- and -
info@rmhmanitoba.org

To vary your subscription or to unsubscribe from all messages, please click here.

Unless otherwise authorized by RMHC MANITOBA in writing, you must ensure that the "Click here" text links to RMHC MANITOBA's unsubscribe page at [embed link to unsubscribe page].

RMHC MANITOBA will include the foregoing text on your behalf in any communication you send using the Site.

Withdrawal or variation of consent

If someone advises you that they no longer wish to receive any Commercial Electronic Messages from you and/or any other employee, contractor, agent or other representative of RMHC MANITOBA, or through your use of the Site, please:

  1. notify staff at RMHC MANITOBA immediately at info@rmhmanitoba.org; and
  2. do not send any Commercial Electronic Messages to that individual until advised otherwise by RMHC MANITOBA.

Requests for Consent

In some situations, RMHC MANITOBA may request consent to communicate with customers and other interested people through our employees, contractors, agents or representatives.

Below are several situations where this may occur. When considering same, it should be noted that the Canadian Radio-television and Telecommunications Commission (CRTC) is currently of the view that an individual must take a positive step to give consent.

An affirmative act of consent may be demonstrated by the individual supplying their email (and perhaps other) contact details and submitting them. The key is that in such a case the three elements are provided: (i) the name and address (and other prescribed contact details) of the person seeking the consent, (ii) the purposes for which the consent is sought, and (iii) a statement indicating that the consent may be withdrawn.

If you encounter a different scenario then notify staff at RMHC MANITOBA for advice at info@rmhmanitoba.org. There are additional ways in which RMHC MANITOBA can collect consent but they may require additional considerations to be addressed.

1. Website consent

RMHC MANITOBA allows individuals to subscribe to receive marketing materials through the Site. Accordingly, the following should be used on all webpages through which an individual can subscribe to receive RMHC MANITOBA's communications by having the individual supply their email address to subscribe.

Please enter your email address below to consent to receive electronic communications, including without limitation newsletters, reports, press releases, invitations to or notices of events, and requests for donation from Ronald McDonald House Charities Manitoba, its successors and assigns, its affiliates, and its marketing partners. I understand that I can vary or withdraw this consent at any time, and may do so by contacting Ronald McDonald House Charities Manitoba at:

Ronald McDonald House Charities Manitoba
566 Bannatyne Avenue
Winnipeg, Manitoba, R3A 0G7
- and -
info@rmhmanitoba.org

2. Written Consent

If you are asked to request consent on behalf of RMHC MANITOBA in writing (such as a sign up sheet), please provide the following template language to the person giving consent, and ensure that person supplies their contact details:

By entering your email address below, you consent to receive electronic communications, including without limitation newsletters, reports, press releases, invitations to or notices of events, and requests for donation from Ronald McDonald House Charities Manitoba, its successors and assigns, its affiliates, and its marketing partners. You can vary or withdraw this consent at any time, and may do so by contacting Ronald McDonald House Charities Manitoba at:

Ronald McDonald House Charities Manitoba
566 Bannatyne Avenue
Winnipeg, Manitoba, R3A 0G7
- and -
info@rmhmanitoba.org

3. Oral Consent

If you are asked to request on behalf of RMHC MANITOBA orally, for example at a conference, event or point of sale, please say the following script to the person giving consent, and ensure that person supplies their contact details by way of a business card or other such document:

Enter your business card to consent to receive electronic communications, including newsletters, reports, press releases, invitations to or notices of events, and requests for donation from Ronald McDonald House Charities Manitoba, its successors and assigns, its affiliates, and its marketing partners. You can vary or withdraw this consent at any time, and may do so by contacting Ronald McDonald House Charities Manitoba at:

Ronald McDonald House Charities Manitoba
566 Bannatyne Avenue
Winnipeg, Manitoba, R3A 0G7
- and -
info@rmhmanitoba.org

Review the details of our organization's privacy policy.

Compliance

Violations of these Guidelines can result in significant legal consequences for RMHC MANITOBA. We reserve the right to take whatever steps reasonably necessary to audit compliance with these Guidelines, and enforce the provisions herein, by, for example, monitoring your use of our information technology systems or terminating your use of the Site. Accordingly, you should have no expectation of privacy with respect to your use of any such systems.

If you contravene these Guidelines, you may be subject to:

  1. disciplinary action up to and including termination of your employment or retainer;
  2. liability for any such contravention; or
  3. suspension or termination of your use of the Site.

Inquiries or Concerns?

If you have any questions about these Guidelines, please contact staff at MANITOBA Canada, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.

Revisions to the Guidelines

RMHC MANITOBA, from time to time, may make changes to these Guidelines to reflect changes in its legal or regulatory obligations or in the manner in which we communicate electronically. We will provide you with the latest version of these Guidelines at [Embed URL for this document]. These Guidelines were last updated on March 15, 2016.

Interpretation of the Guidelines

Any interpretation associated with the Guidelines will be made by RMHC MANITOBA. The Guidelines include examples, but are not intended to be restricted in their application to such examples; therefore where the word "including" is used, it shall mean "including without limitation". These Guidelines must also be interpreted in conjunction with any contract between RMHC MANITOBA and you/your organization, including without limitation the Site's Terms of Use.