1. This document provides key guidelines with respect to serving commercial communications (i.e. content that advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose; hereinafter "Communications") through live calls, texts and emails.
In text messages and emails –
1. The promotion of the Communication is subject to the fulfillment of either of the following conditions ((a) or (b)):
(A) Opt-in consent: the recipient has provided a freely given, specific, informed and affirmative consent to receive the Communication from the sender (for example, by ticking a box paired with the following prominent message "I agree to receive promotional emails from the *NAME OF SENDER*"):
(B) Soft opt-in consent: all of the following conditions have been met:
In live calls –
2. Telephone numbers must be screened against the applicable national Do Not Call ("DNC") or Telephone Preference Service ("TPS") registries prior to the delivery of Communication – live marketing calls must not be made to any number registered with the DNC/TPS unless the recipient has specifically consented to receiving the marketing calls, directly from the sender.
Maintain an effective audit trail of how and when consent was given, including:
1. Keeping a record of when and how consent was obtained from the individual – such as by using an appropriate cryptographic hash function to support data integrity.
2. demonstrate the following:
(A) Who consented: the name or other identifier of the individual (e.g., online user name, session ID, CID, etc.).
(B) When they consented: online records that include a timestamp;
(D) Whether they have withdrawn consent: and if so, when.
5. The Communication must include an opt-out mechanism– the Communications must contain a clear and conspicuous notice of the opportunity to opt out of receiving future Communications, in an easy manner, through all of the following means: (1) responding directly to the Communication; (2) clicking on a clear and conspicuous notice of the opportunity to opt out of receiving future Communications noticeable (e.g. "unsubscribe" button).
6. The opt-out mechanism should not require the recipient to take any step other than sending a reply (via text message or email, or responding verbally) or visiting a single page on an Internet website as a condition for honoring an opt-out request.
7. Opt-out requests should be respected within at least ten days as of receipt of notice.
8. The email must not be promoted to a recipient who communicated to the sender its choice not to receive future emails.
9. The Communication should not contain materially false or materially misleading information, including deceptive subject lines.