Terms and Conditions for Telemarketer Registration
- "Client of a Telemarketer"
- Means a person or organization that has engaged a telemarketer to conduct telemarketing on its behalf.
- Means a person or organization that conducts telemarketing either on its own behalf or on behalf of one or more other persons or organizations.
- "Applicable Privacy Laws"
- Means the Privacy Act, the Personal Information Protection and Electronic Documents Act (Canada), as amended or supplemented from time to time, and any similar Canadian federal or provincial legislation now in force or that may in the future come into force governing the protection of personal information.
Complaints Investigation Registration:
In Telecom Decision CRTC 2008-6-1, Delegation of the Commission's investigative powers with regard to Unsolicited Telecommunications Rules complaints (Decision 2008-6-1), and Telecom Decision CRTC 2007-48, Unsolicited Telecommunications Rules framework and the National Do Not Call List, the Canadian Radio-television and Telecommunications Commission (CRTC) established a comprehensive framework governing unsolicited telecommunications received by consumers including a number of rules (collectively the Unsolicited Telecommunications Rules). The Unsolicited Telecommunications Rules include the National Do Not Call List (DNCL) Rules, the Telemarketing Rules, and the Automatic Dialing-Announcing Device Rules (ADAD). The Unsolicited Telecommunications Rules, as amended from time to time, can be found on the CRTC's website. Pursuant to the Unsolicited Telecommunications Rules, the CRTC requires that certain organizations or entities involved with unsolicited telecommunications register with the National DNCL Operator. If you fall within one of the groups listed below, you are required to register with the National DNCL Operator in order to access a subscription to the National DNCL.
Who is required to register with, and provide information to, the National DNCL Operator?
Telemarketers who make unsolicited telemarketing calls on their own behalf, regardless of whether or not such calls fall under the National DNCL exemptions;
Clients of Telemarketers on whose behalf unsolicited telemarketing calls are made regardless of whether or not the calls fall under the National DNCL exemptions;
Organizations downloading information from the National DNCL in order to provide services to the telemarketing industry, such as list scrubbing, whether or not they are making unsolicited telemarketing calls.
Any person or organization who is not one of the above but who subscribes to the National DNCL.
Who is not required to register with, and provide information to, the National DNCL Operator?
Telemarketers making unsolicited telemarketing calls only on behalf of Clients of Telemarketers and who are therefore not required to subscribe to the National DNCL, unless they have another need to access the National DNCL.
What information do we collect, use and disclose?
The National DNCL Operator collects, uses, and discloses information related to telemarketers, clients of telemarketers, and other persons and organizations in order to:
- Validate identity of registrants of the National DNCL with Dun & Bradstreet®.
- Enable subscription to the National DNCL.
- Facilitate and manage the registration of telemarketers, or clients of telemarketers, or other persons or organizations with the National DNCL Operator.
- Give access to the contents of the National DNCL.
- Support other activities specifically identified at the time the information is collected. In addition, information of persons and organizations will be collected to allow for the receipt of technical assistance from the National DNCL Operator.
- Allows the CRTC to use the collected information for monitoring and reporting purposes at an aggregate level, and to to use this information for trend analysis and training purposes.
Information will be collected by the National DNCL Operator pursuant to Decision 2008-6-1 and will be used by, and disclosed to, the CRTC as the CRTC may determine from time to time in its sole discretion. Information collected by the National DNCL Operator will be protected in accordance with Applicable Privacy Laws and will be used and disclosed by the National DNCL Operator, the CRTC, and/or its Complaints Investigator Delegate (as the case may be) to administer and enforce the Unsolicited Telecommunications Rules (including the National DNCL Rules), as amended by the CRTC from time to time. Information may also be disclosed to Canadian and/or foreign law enforcement agencies for the purpose of administering or enforcing any law or carrying out a lawful investigation.
The information required for registration includes:
- Business legal name
- Business operating name
- Name of parent company
- Business address
- Business phone number
- Business website
- Number of employees
- Number of telemarketing agents
- Telemarketer Function (description of organization's telemarketing activities)
- Name(s) and telephone number(s) used and displayed while making telemarketing calls
- Account Manager contact information, including name of responsible person(s) and contact information for account and subscription management.
Information collected for subscription to the National DNCL (if applicable):
- Type of subscription required: download or query
- Payment type: credit card or electronic funds transfer
- Payment transaction information, including credit card numbers and expiry dates or financial institution and bank account information that will be collected by third-party payment transaction processors in order to process payment transactions. Information provided to payment transaction processors may be disclosed to payment processors, financial institutions or other third parties only when such parties require the information to process payment transactions.
Should you be the subject of a complaint investigation, the National DNCL Operator will provide to the CRTC in addition to the above and without limitation, the following information:
- Indication that you are a National DNCL subscriber;
- Indication that you have downloaded the telecommunications number(s) being subject to a complaint thirty-one (31) days prior to making an unsolicited telemarketing call to such number(s);
- Date and content (area code) of download (for download subscribers only); and
- List of your subscription account number(s) and associated registration access number(s) (if applicable) used to download information from the National DNCL.
IMPORTANT INFORMATION FOR REGISTRANTS:
As a registrant you may become the recipient of personal information collected from consumers by the National DNCL Operator, the CRTC or the Complaints Investigator Delegate. By registering, to the extent you are given access to personal information, you agree to make use of such personal information in accordance with the Applicable Privacy Laws and only for the purpose of complying with the Unsolicited Telecommunications Rules as set out under s. 41 of the Telecommunications Act. You also agree to take such care to protect information of a proprietary or confidential nature of the National DNCL Operator, the CRTC or the Complaints Investigator Delegate as would be taken by a reasonable party to protect its own confidential information from disclosure. You are responsible as the registrant for the safekeeping and for establishing proper security and confidential processes in order to protect and avoid inappropriate use of any secured access codes or other identifiers specific to your registration (collectively the "Access Codes"). You will be responsible (including without limitation the payment of all applicable fees) for the utilization of your Access Codes, regardless of whether or not such utilization was authorized by you. You hereby acknowledge, as registrant, that the National DNCL Operator, the CRTC and its Complaints Investigator Delegate deny any and all liabilities with respect to improper utilization of your Access Codes and none of them have put in place any mechanism or process in order to ascertain whether or not the utilization of your Access Codes has been properly authorized by you or one of your representatives.
Your registration with the National DNCL Operator is valid for a period of twelve (12) months. It is the registrant’s responsibility to re-register with the National DNCL Operator annually. As a registrant, you are also responsible to maintain your contact information up to date and ensure its accuracy. We reserve the right to terminate or suspend your account at any time, without prior notice, if we believe your use of the services violates the Terms and Conditions, if your account information is incorrect or not current, if your account is in arrears, or if an account breach is suspected.
You acknowledge and agree that the National DNCL Operator, the CRTC and/or its Complaints Investigator Delegate may introduce from time to time, upon reasonable notice, new or otherwise amended terms and conditions associated with your registration.
You agree that the National DNCL Operator, the CRTC and its Complaints Investigator Delegate will have no liability to you with respect to any damages (of whatever form or nature) you may suffer as a result of having registered with and disclosed information to the National DNCL Operator, the CRTC and/or its Complaints Investigator Delegate. Subject to any statutory warranties which cannot be excluded, the National DNCL Operator, the CRTC and its Complaints Investigator Delegate expressly disclaim any conditions or warranties (express, implied, statutory or otherwise) in such respect.
- Date Modified: