If you live and/or work in Canada, you may have noticed that you’ve received messages asking you to confirm that you want to receive E-mail from them. You may also have noticed that Vlinder Software has not sent you such a message.
Don’t worry, we haven’t forgotten about you!
Here’s why we don’t send out these bulk messages:
Section 6 of the new “Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (…)” specifies a number of exceptions, notably:
(6) Paragraph (1)(a) does not apply to a commercial electronic message that solely (a) provides a quote or estimate for the supply of a product, goods, a service, land or an interest or right in land, if the quote or estimate was requested by the person to whom the message is sent; (b) facilitates, completes or confirms a commercial transaction that the person to whom the message is sent previously agreed to enter into with the person who sent the message or the person — if different — on whose behalf it is sent; (c) provides warranty information, product recall information or safety or security information about a product, goods or a service that the person to whom the message is sent uses, has used or has purchased; (d) provides notification of factual information about (i) the ongoing use or ongoing purchase by the person to whom the message is sent of a product, goods or a service offered under a subscription, membership, account, loan or similar relationship by the person who sent the message or the person — if different — on whose behalf it is sent, or (ii) the ongoing subscription, membership, account, loan or similar relationship of the person to whom the message is sent; (e) provides information directly related to an employment relationship or related benefit plan in which the person to whom the message is sent is currently involved, is currently participating or is currently enrolled; (f) delivers a product, goods or a service, including product updates or upgrades, that the person to whom the message is sent is entitled to receive under the terms of a transaction that they have previously entered into with the person who sent the message or the person — if different — on whose behalf it is sent; or (g) communicates for a purpose specified in the regulations.
This is in-line with our existing policies, namely:
- We don't do "cold calls", by E-mail or otherwise: we'll only contact you if you contact us first.
- We will contact you for updates and upgrades that:
- you are entitled to under your maintenance plan, or
- we have reasonable cause to believe will affect the security or safety of your products, systems, or installations of your products
- Once a year, we will send you a reminder about your existing maintenance plans and the latest version of the software covered by those plans. These messages are factual (i.e. no products or services are offered) and can be opted-out of at any time.
We believe that our current policy conforms strictly to both the spirit and the letter of the law, so we don’t think it is necessary to bother you with another E-mail asking you to update your information.