Please read the following information carefully to understand how to use EngageCE and CRM safely.

ConsulNet Computing Inc. is a responsible use company. When used responsibly, the telecommunications tools we provide through EngageCE and other systems are fully legal and compliant with marketing and telecommunications regulations in both the United States and Canada. We do not tolerate €œspamming€ or any other non-compliant or unlawful use of our systems. Consistent with our Terms of Service, ConsulNet reserves the right to immediately limit or terminate your use of any of our systems for such activity.

The following information is provided as a GENERAL SUMMARY ONLY and likely contains omissions and/or errors of fact or interpretation.
It is NOT legal advice.
Please consult your own legal representation to confirm your understanding of and compliance with all laws and regulations.

Consent - Implied vs. Express

Most laws and regulations center around the concept of a recipient's Consent to receive messaging. Consent may be either Implied or Express.

Implied Consent may be created through an existing business relationship, either through a previous purchase of products or services, an existing or recently-expired service contract, or even by an information request. Regulations usually establish a time limit on sending messages to people with Implied Consent. Once the time period has passed, you are not permitted to send further messaging under any circumstances. An Implied Consent period may be restarted by a new purchase or information request.

Express Consent is an affirmation from the contact that they agree to receive messages from you. Messaging time limits do not apply - Express Consent is active until the contact revokes it. However, you must be specific about the types of messages you will send, and consent only applies to the messaging you have described. For example, if the contact expressly consents to receive email messaging, they have not consented to being contacted by phone or text message.

Express Consent requires a record of the contact's permission. This can include a checkbox on a written or electronic form, or even the very act of submitting a request if accompanied by notice to the person submitting. Note that you cannot pre-fill a checkbox - Express Consent must be opt-in, not opt-out. Any managed advertising or lead capture methods provided by ConsulNet will automatically create records of a lead's Express Consent. This information is stored in our system database and can be provided to you to defend against claims of non-compliance.

Manually Imported Leads

When manually adding or importing leads into EngageCE, it is YOUR responsibility to confirm and maintain records of Consent (Express or Implied). Do NOT message ANY leads for which you can't establish either Express or Implied Consent!

EngageCE requires you to click on a number of confirmation checkboxes when manually creating or importing leads. Please do not simply check these boxes so that an unconfirmed lead can be added to your messaging lists. If you cannot establish the required level of consent, messaging those leads is a non-compliant and potentially unlawful activity for which YOU are responsible.

Phone Calls

According to the US Telephone Consumer Protection Act (TCPA), you may not make auto-dialed calls OR text messages to any wireless phone number without Express Written Consent. There is NO exemption for prior business relationship. While there is some difference in the rules between wireless and landline phone numbers, EngageCE is unable to identify the difference. For safety you should treat all unknown leads according to the more-restrictive wireless rules.

Leads who provide their phone number through ConsulNet-managed forms and advertising are recorded for Express Consent. If you want to capture new leads through their calls to you, you MUST have a way of recording their written consent first. You could ask the lead to send you a text message saying €œI consent€. Once you have this consent, you can contact the lead as normal through EngageCE.

Note that the only way to contact the lead through EngageCE for purposes of getting consent, without violating the current rules, is via ringless voicemail or email address (if you have it). You could send a request for them to text you consent if they want to get further updates. Alternatively, you can manually call and text leads back without violating the rules.

Do Not Message Protection for unresponsive leads

Email systems like Gmail and many SMS networks monitor traffic and are able to set filters to block suspicious senders. One factor in this consideration is message engagement. Therefore, while Express Consent permits you to message leads indefinitely (until revoked), long-term sending of email and text without response may still affect your overall deliverability.

To help protect you, EngageCE tracks all lead replies, link clicks, and message open activity for a set time limit from their last engagement. If no activity is recorded after 2 years for email or 6 months for SMS and phone calls, a lead will be automatically tagged €œDo Not Message€ for future messaging on that channel. We feel these time limits balance your potential for future business with maintaining overall deliverability.

PLEASE NOTE that these automatic time limits are NOT related to specific regulations, and that some marketing rules may have different or shorter time limits.

Do-Not-Call (DNC) Lists

The United States (nationally as well as most states) and Canada (nationally) provide €œDo Not Call€ Lists subject to different rules. Generally, if you have established Express Consent, you may be exempt from DNC rules. However, if you are manually adding or importing leads into EngageCE, it is YOUR responsibility to scrub phone numbers against applicable DNC lists.

As a business owner, you are also under responsibility to maintain your own internal Do Not Call list, and to respond promptly to all individual lead requests to stop calling. EngageCE allows you to manually unsubscribe leads from messaging.

Note that telemarketers in Canada must register with the National DNC List even if they are only calling €œexpress consent€ leads or are otherwise exempt from the DNC rules. Various US state and national DNC lists may have similar registration requirements. Know your local rules!

Caller ID

Both US and Canadian rules and regulations require telemarketers to provide valid Caller ID information and identify themselves on every call. Do NOT block Caller ID when using your EngageCE number for phone calls or ringless voicemail.

Ringless Voicemail Drops

At the time of this writing, ringless voicemail is completely legal in the US and Canada, however rules and regulations DO still apply to this activity. Always clearly identify yourself and your reason for calling, and provide your EngageCE virtual phone number in the message. You will get the best results by remaining casual and avoiding gimmicks. Respect your leads and you'll get great results with voicemail.

SMS Text Messaging

Text messaging is likely the most effective way to get responses, but it can also be the most intrusive. Consider your texting frequency very carefully. Also, be aware of message length - recipients may be charged extra for messages longer than the standard 160 characters. Just like with voicemail, keep your messages casual and personal.

Daily Time Periods for Voicemail and SMS

To help you comply with telemarketing regulations, EngageCE will not automatically send ringless voicemail or text messages outside the daily hours of 9am - 8pm. Scheduled messages that fall within this time period will be postponed until the next day.

Email

Significant rules and regulations for sending unsolicited commercial email exist in both the US and Canada. Express Consent is your best protection from spam complaints. Keep in mind also that most email systems (like Gmail, Outlook, etc.) continually monitor users' reactions to email and use it to determine future deliverability. Responsible use of email helps keep your messages from being sent to the spam folder. Keep your messages casual and personal, and always for the benefit of the recipient.

Summary Tips for Responsible Use

• Familiarize yourself with all applicable International, Federal, State/Provincial, or Local laws, including any Real Estate Board regulations concerning telemarketing. Consult your own legal representation to confirm your understanding - the information we provide is NOT legal advice.
• Provide legal and accurate contact information in all messaging.
• Process unsubscribe or Do-Not-Call requests promptly. (EngageCE does this automatically through an email link and for SMS when the lead replies STOP, but you must manually process any other requests.)
• Do NOT send messaging to leads for whom you have not established Express or Implied Consent.
• Please review our Terms & Conditions and Fair Usage Policy for additional information on appropriate use of EngageCE.

Links to Important Laws and Regulations

(NOTE: This is NOT an exhaustive list. Consult your own legal representation to confirm your understanding of and compliance with all applicable laws and regulations. Also review your local Real Estate Board's applicable regulations.)

United States Rules and Regulations

• Federal Trade Commission (FTC) - Telemarketing Information
• Federal Communications Commission (FCC) - Telemarketing and Robocalls
• USA National Do Not Call Registry (also check for local State registries)

Canada Rules and Regulations

• Canada's National Do Not Call List
• Canadian Radio-television and Telecommunications Commission (CRTC) - Unsolicited Telecommunications Rules
• Canadian Marketing Association - Guides and Guidelines

The preceding information is provided as a GENERAL SUMMARY ONLY and likely contains omissions and/or errors of fact or interpretation.
It is NOT legal advice.
Please consult your own legal representation to confirm your understanding of and compliance with all laws and regulations.