CYBERIMPACT

ANTI-SPAM POLICY

This document informs you on the Anti-Spam Policy (the “Policy”) set up by Cyberimpact Inc. (“CYBERIMPACT” or “us”), as owner and operator of the service Cyberimpact for the transmission of e-mails (the “Cyberimpact Service”) offered on this site (“Website”), to ensure that the Cyberimpact Service be used in a spirit of respect of others and professional ethics.

This Policy applies to CYBERIMPACT’s conduct in regards to individuals or enterprises that subscribed to Cyberimpact Service (the “Clients” or “you”) and also to Clients’ conduct in regards to recipients of bulk e-mails transmitted through the Cyberimpact Service (the “Recipients”).

What is meant by “spam”?

“Spam” refers to unsolicited electronic commercial messages

We adopt a zero tolerance approach towards the transmission of unsolicited e-mails or spam via our network. The transmission of unsolicited e-mails or spam is strictly prohibited. We require from our Client the voluntary subscription (opt-in) of Recipients to their e-mail transmission lists before any bulk transmission of e-mails to Recipients via the Cyberimpact Service can take place. Without such authorization, any e-mail transmitted by a Client to a Recipient shall be considered by CYBERIMPACT as “spam” or unauthorized e-mail. Violation to this Policy leads to serious penalties. CYBERIMPACT may suspend or put an end to the service immediately upon being informed that a violation of this Policy took place. Depending on the nature and extent of the prejudice caused by the illegal conduct, court action may be taken against the Client.

1) WHAT ARE THE APPLICABLE RULES?

CYBERIMPACT namely abides by the Recommended Best Practices for Email Marketing drafted by the Federal government’s Task Force on Spam as well as applicable laws and regulations. More particularly, CYBERIMPACT conforms to and requires from its Clients towards the Recipients compliance with the following rules:

  1. Preliminary Subscription Step; Authorisation of each Recipient must be sought by the Client of the Cyberimpact Service before proceeding with a bulk email transmission containing commercial messages (e.g. information bulletin, participation in a contest, promotional offers for products or services, etc.), and this, by means of a plainly visible electronic form unless the Recipient’s implicit consent may be clearly inferred from his conduct.The electronic subscription form shall feature a check box to be checked by the Recipient to express his voluntary adherence to the transmission list, not a box already checked.An implicit consent may suffice in cases where the Client has an existing relationship with the Recipient, namely if such Recipient has participated in a contest, made a donation, registered on line to order a product or bulletin, revealed his e-mail address during a transaction or had the option to withdraw from an e-mail transmission list but failed to do so.
  2. Sources and Nature of Transmission; Any bulk transmission of e-mails must identify the sender. To this end, our system is designed so as to display the name and e-mail address of the Client in every electronic message heading sent to Recipients via the Cyberimpact Service. The nature of the subscription shall be clearly mentioned by the Client in all his communications (news bulletin, contest, general transmission lists, etc.). The message may not cause confusion and contain a hidden subscription. For example, a subscription to a news bulletin may not be considered as acceptance of a promotional subscription transmission list.
  3. Unsubscribe Option; Allcommunications sent by email as part of the Cyberimpact Service, whether it is a first communication or a follow-up, must include an unsubscribe option by the Recipient, that is clearly visible and operational. Withdrawal of a subscription via an integrated link to be clicked within the electronic message transmitted must be instantaneous. In case of unsubscribing by phone, fax or mail, the Client undertakes to proceed with the withdrawal within seventy-two (72) hours from receipt of the request.
  4. Messages Content and Recipients; E-mailmessages transmitted by Clients may not contain false or illegal information and must namely conform to all the rules mentioned in the section “What are the client’s commitments with respect to the Cyberimpact Service?” in the Terms of Use of this Website. E-mail messages designed for commercial or promotional purposes may not be sent to web visitors of less then thirteen of age.
  5. Subsequent Use of E-mails and Transmission Lists; No e-mailaddress may be reactivated after withdrawal of a Recipient. The Client may not under any circumstances resell the lists of Recipients compiled via the Cyberimpact Service. Also, a list may not be used by other enterprises or partners than those specifically mentioned by the Client in his communications with the Recipient.
  6. Complaints and Abuses; Clients must set up a system for the treatment of complaints that shall be fair, efficient and easy to use in regards to problems related to the transmission of e-mails via the Cyberimpact Service. Moreover, all messages transmitted must include a link entitled “Report an Abuse” leading directly to the Website.

2) HOW ARE ABUSES TREATED?

When abused Recipients click on the link “Report an Abuse” incorporated in e-mail messages sent to them, or if CYBERIMPACT is, in any manner, informed of an actual or potential abuse by a Client, CYBERIMPACT reserves the right, without being obliged, to verify the nature of said abuse, transmit to the faulting Client a notice to correct the default and, as the case may be, suspend the services or terminate them.

3) CAN WE CONTACT YOU?

If you have any questions with respect to this Policy, its last updates or our practices in relation to the treatment of spam or to report an abuse by a third party, do not hesitate to communicate with us by e-mail at info@cyberimpact.com or at the following mailing address:

CYBERIMPACT
3115 de la Pinière blvd., office 330
Terrebonne, Quebec
Canada
J6X 4P7
1 855 964-0868