In September 2013, the Digital Advertising Alliance of Canada
released the Self-Regulatory Principles for Online Behavioural
Advertising (the Principles), and YourAdChoices.ca, a new corresponding program
for both businesses and consumers. The Principles are:
Education, which emphasizes the need for
consumer education on online behavioural advertising (OBA);
Notice & Transparency, which calls for
"clear, meaningful and prominent notice" to consumers
about the data collected and used during OBA;
Consumer Control, which requires giving
consumers the ability to choose whether and what data is collected
and used for OBA;
Data Security, which requires entities to
maintain proper safeguards and limited retention of data collected
and used for OBA;
Sensitive Data, which prohibits collecting
personal information for OBA from users known to be children (i.e.
under the age of 13) or sites directed to children under 13. This
principle also prohibits collecting and using sensitive personal
information for OBA without consent, as required under Canadian
privacy law; and
Accountability, which indicates that
Advertising Standards Canada (ASC) will be responsible for
monitoring compliance with the Principles and adjudicating
complaints. ASC is the Canadian equivalent to the NAD.
YourAdChoices.ca also provides resources for
Canadian businesses and consumers. Consumers can learn more about
OBA, as well as "opting-out" from OBA by participating
organizations and submit a complaint to ASC if they believe an
entity has breached any of the Principles. Businesses can also
submit complaints to ASC, as well as register to display the
advertising option icon, which acts as notice to inform consumers
about OBA collection and use practices, and register to be listed
on the consumer opt-out page.
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Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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