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Policy Statement

This document sets forth the policy of Sky Technologies and is designed to provide reasonable assurance that (i) a consistent process is followed with respect to the dissemination of commercial electronic messages to Sky Technologies clients and prospective clients in Canada, and (ii) Sky Technologies employees sending commercial electronic messages from and/or to a computer system(s) in Canada comply with the requirements of CASL.

The Sky Technologies Anti-Spam Policy (“ Anti-Spam Policy ”) and related procedures (the “CASL Procedures”) require that all Sky Technologies employees sending CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada comply with CASL, and seeks to ensure that all CEMs sent by or on behalf of Sky Technologies, or using a Sky Technologies email address or using a device owned or provided by Sky Technologies, comply with CASL.

Policy Details

The Anti-Spam Policy describes Sky Technologies’s commitments relating to the provisions of CASL and electronic messages of a commercial nature sent to Sky Technologies clients, prospective clients, and others, as applicable. From time to time, Sky Technologies may implement additional policies, procedures and/or practices as it relates to anti-spam measures.

ApplicationThis Policy applies to Sky Technologies employees who may be sending CEMs from and/or to a computer system(s) in Canada or to an electronic address that will be accessed from a computer system in Canada. With respect to Sky Technologies’s operations, the Anti-Spam Policy has been adopted in compliance with the requirements of CASL, and Sky Technologies is committed to complying with CASL. All other Sky Technologies policies and procedures will be interpreted in a manner that is consistent with the Anti-Spam Policy and that promotes compliance with CASL to seek to deter damaging and deceptive forms of spam from occurring in Canada.

Consent Sky Technologies obtains express, opt-in consent, unless a verifiable basis for implied consent or an exception to consent exists, before sending a CEM to anyone who has not had an existing business relationship with Sky Technologies within two years before the date on which the CEM is sent. Unless a valid documented basis for implied consent or an exception to consent exists, Sky Technologies also obtains express, opt-in consent for the sending of CEMs to Sky Technologies prospects.

The request for consent cannot be in an electronic message unless there exists a basis for implied consent to send the message. The request for consent must be sought separately within a communication (e.g. through a separate action such as affirmatively checking a checkbox) and cannot be bundled as a term of acceptance of an agreement. A verbal consent is acceptable where a record of the details of the consent is maintained in a database.

Form and Content of CEMsAll CEMs are required to comply with the form and content requirements of CASL, generally described as follows:

 

    • identifies the sender;
    • the sender’s mailing address;
    • the sender’s telephone number or email address or link to a webpage; and
    • an unsubscribe mechanism or withdrawal of consent from receiving CEMs from Sky Technologies and its subsidiaries and affiliates.

 

Sky Technologies takes steps to require that any third-party service provider who sends CEMs on behalf of Sky Technologies complies with CASL.

Storage of Relationship DetailsA key component of complying with CASL involves maintaining records of Sky Technologies’ relationships with clients and prospective clients.

Each business unit of Sky Technologies is required to create and maintain in the business unit’s Client Relationship Management (CRM) system (including, but not limited to, Benchmark, and Salesforce), verifiable records documenting the relationships giving rise to implied consent, and verifiable records of express, opt-in consents obtained from Sky Technologies clients and prospective clients. “Clients ” are defined as those organizations or individuals who have at least one open account or a contractual relationship with Sky Technologies at the relevant time. Organizations or individuals who have closed their last remaining account or terminated their contract with Sky Technologies are not considered Sky Technologies clients for purposes of this Policy.

Implied consent or express, opt-in consent is obtained in accordance with the CASL Procedures and recorded in the applicable CRM system in order to track the client and prospect relationships.

Records of express, opt-in consent and records documenting the relationships giving rise to implied consent are retained for a minimum of three years after Sky Technologies ceases sending CEMs to the Sky Technologies client or prospect.

Commercial Electronic MessagesAll Sky Technologies employees sending CEMs from and/or to a computer system(s) in Canada are required to comply with this Policy and related CASL procedures and processes.

A “CEM” is defined as an electronic message that includes content (for instance, text, hyperlinks, images or attachments) that:

a. promotes, offers, or advertises Sky Technologies or Sky Technologies’ products or services, or employees, or contacts;

b. solicits business for Sky Technologies or Sky Technologies’ employees or contacts; and

c. any other similar message that encourages participation in commercial activity.

Examples include promotional event invitations (e.g., webcasts or Sky Technologies events), marketing newsletters, etc.

The following messages do not have to comply with the requirements applicable to CEMs:

  • messages sent to Sky Technologies clients about their business;
  • internal communications about Sky Technologies’ business (including communications with Sky Technologies offices outside Canada);
  • legally required notices, such as messages that are sent to comply with a regulatory requirement (e.g., material changes, required account activity information, etc.); and
  • responses to requests, inquiries or complaints.

Messages that Sky Technologies employees email each other internally using a device that Sky Technologies owns or provides, or using a Sky Technologies email address, should be related to Sky Technologies. Sky Technologies employees may not internally email each other offers, promotions, advertisements, or referrals unrelated to Sky Technologies business without the internal recipient’s verbal consent.

Compliance by Third PartiesAll third-party contracts with service providers who may send CEMs on behalf of Sky Technologies must contain contractual clauses obligating the service provider to comply with CASL including the form and content requirements of CEMs.

Unsubscribe MechanismCEMs that are not exempt from requirements applicable to CEMs noted above are required to include a form of unsubscribe mechanism to facilitate the withdrawal of consent or do-not-contact requests within a period of time and in a manner that would allow Sky Technologies to process that request within 10 days of the date on which the unsubscribe, withdrawal of consent or do-not-contact request was made. This information should be maintained in the applicable database that tracks the client and prospect relationships.

All emails sent by employees will be compliant with CASL and will include the option to ‘unsubscribe.’ You can ‘unsubscribe’ from our Commercial Electronic Messages at any time by visiting

This Link

or by emailing dpo@skyteknologies.com with ‘Unsubscribe’ in the subject line.