1. Scope and roles
This policy applies to commercial electronic messages ("CEMs") and service messages sent through the Meridian platform by email, SMS or voice, and WhatsApp.
Two different senders are involved, and the distinction matters:
- The Firm is the sender of any message to its own clients. The Firm chooses the recipients, the content, and the timing. Nova System provides the software that transmits the message. In privacy terms the Firm is the controller and Nova System is the processor, under the Data Processing Addendum.
- Nova System is the sender of its own messages to Firm staff: account, security, billing, and product notices, and marketing messages where you have opted in.
2. Consent
Canada's Anti-Spam Legislation ("CASL") requires consent before sending a commercial electronic message. Consent may be:
- Express - the recipient clearly agreed to receive messages, and we or the Firm can show when and how that agreement was given.
- Implied - for example, an existing business relationship such as a signed retainer or a recent enquiry, or where the recipient conspicuously published a business address without a statement refusing messages. Implied consent expires, and it is narrower than most people assume.
SMS and WhatsApp are treated more strictly. On those two channels Meridian carries transactional, client-service messages only, such as case-status updates, document requests and receipt confirmations, and appointment reminders, and only where the Client has expressly opted in. Implied consent is not sufficient for SMS or WhatsApp. We do not send marketing or promotional messages over those channels. See section 4.2 of the Privacy Policy.
The Firm is responsible for obtaining and maintaining consent for messages it sends to its clients, on every channel. Nova System does not obtain consent on a Firm's behalf and does not send unsolicited commercial messages to a Firm's clients. Transactional and service messages that a client has asked for, such as an appointment confirmation or a document request tied to their own file, are generally not commercial electronic messages, but the Firm should confirm this for its own circumstances.
3. Identifying the sender
Every commercial electronic message sent through Meridian identifies the sending Firm by name, and provides contact information that remains valid for at least sixty days after the message is sent. Messages sent by Nova System identify Nova System Inc.
4. Unsubscribe and opt-out
Every commercial electronic message includes a working, no-cost way to opt out, and opt-out requests are given effect promptly and in any event within ten business days, which is the maximum CASL permits, without requiring any further step by the recipient. On SMS and WhatsApp, opt-outs take effect immediately.
- Email: an unsubscribe link in the message.
- SMS and WhatsApp: reply STOP to stop receiving messages, which takes effect immediately. Reply START to resume. We record the opt-out against the recipient's number and suppress further messages on that channel until they opt back in.
- Any channel: write to privacy@thenovasystem.com, or contact the Firm directly.
Opting out of commercial messages does not stop essential service or security notices about an account.
5. WhatsApp messages
Where a Firm connects its own WhatsApp Business account, messages are carried over the WhatsApp Business Platform. Additional rules apply:
- A Firm may reply freely for twenty-four hours after a client's most recent message. Outside that window a Firm may only send a message template that has been approved in advance by the platform provider.
- Message content, phone numbers, and delivery status pass through the provider's infrastructure and are also subject to the provider's own terms and privacy practices. See section 6 of the Privacy Policy and the Sub-processors page.
- A Firm can disconnect WhatsApp at any time from its settings, which revokes our access and stops message routing for that Firm.
6. SMS, voice, and message charges
Message frequency varies with the Firm's activity on a file. Standard message and data rates from the recipient's carrier may apply. Nova System does not charge recipients for messages.
7. Records of consent and opt-out
Meridian records, for each client record, the consent state per channel, the date and source of a recorded consent where the Firm captured it in the platform, and the date and channel of any opt-out. These records are Customer Data belonging to the Firm and are available to the Firm. Nova System retains them for the period described in the Storage & Data Retention Policy, so that a Firm can demonstrate compliance if asked.
8. Prohibited use
Sending unsolicited commercial messages, purchased or scraped contact lists, or messages that conceal the sender is a breach of the Acceptable Use Policy and may result in suspension. We may suspend a Firm's messaging channels immediately where we reasonably believe they are being used unlawfully.
9. Complaints and contact
If you received a message you did not consent to, contact the Firm that sent it, and copy privacy@thenovasystem.com. We investigate complaints and will suspend a Firm's messaging where warranted. Canadian recipients may also report to the Canadian Radio-television and Telecommunications Commission through the Spam Reporting Centre.