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Sign up forms & Canadian implicit consent - is the standard Klaviyo form language & behavior compliant?

  • 11 January 2024
  • 5 replies
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Hello! 

I’m setting up a Klaviyo email sign up form embed and I need to make sure that we’re compliant to Canadian laws. 

I’m seeing a lot about implicit agreement. The Klaviyo email embeds don’t really have a “Yes/no” box to tick like at a checkout. 

Is their agreement to give email & hit “submit” provided that the proper language beneath (i.e. “By signing up you are agreeing to...”) - - - is that sufficient? I’m not seeing how or where to literally add a checkbox to tick.

 

Thank you in advance!

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Best answer by Taylor Tarpley 12 January 2024, 21:51

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Userlevel 7
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Hi there @JulieT

 

Thanks for sharing your question with us about CASL.

 

I’d check out our helpful documentation on Understand Canada's anti-spam legislation as it will shed some more light on how to receive explicit consent form your customers via form submission. While we do offer best practices in this area, it should be noted that this information is not legal advice. Klaviyo recommends that you consult with your legal counsel to make sure that you comply with CASL and all other applicable laws in connection with your marketing activities! 

 

Additionally, I’d check out these additional resources as they might be helpful when learning about Canadian compliance:

 

Hope this helps!

-Taylor 

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Thank you. Yes, I’ve scoured all articles. But I’m looking for some explicit help/confirmation or even personal experiences from others who are trying to do lead gen in Canada. Specifically, is this form below sufficient?

The form explicitly says that the user is signing up for email and the legal language explicitly states that the user is going to receive emails. 

According to responses I’ve received outside of the Klaviyo community, this is sufficient, but I’m trying to triple check. 

 

Userlevel 7
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Hi @JulieT

 

I hear you!

 

I want to affirm again that the utmost resource for you to use would be legal counsel to ensure legality. However, I’m going to tag one of our Canadian Champions @KatherineB to share her experiences and workflow she’s used to confirm everything is above board.

 

-Taylor 

Userlevel 6
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HI @JulieT Fellow Canadian here! 👋 That form looks solid to me - you’ve told them they are signing up to receive emails and they are providing their email and clicking a button to sign up - you’ve checked all the boxes for explicit consent.

If you wanted to go the extra step you could use double opt-in, meaning subs will have to confirm their email address after signing up to show they really really want to receive your emails. This isn’t really necessary though (but a general good practice) unless you’re getting lots of low quality leads. 

Good luck!

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Thanks, KatherineB! Appreciate this a ton. 

This is completely aligned with everything I’m reading as well, but very good to have a set of Canadian eyes on the discussion. 

Cheers!

 

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