Electronic Communications and SMS Terms

1. About these terms

These Electronic Communications and SMS Terms (“Terms”) apply to email, Short Message Service (“SMS”), multimedia message service (“MMS”) and similar electronic communications sent by:

14232321 Canada Inc., operating as Keys Marketing Group
(“Keys Marketing Group,” “KMG,” “we,” “us” or “our”)

These Terms apply to:

1. electronic communications sent by KMG about our own services and operations; and

2. electronic communications sent by KMG on behalf of Canadian charities, nonprofit organizations, membership organizations and other clients.

When KMG sends a communication on behalf of a client, the client’s own terms, privacy policy or program information may also apply.

By subscribing to or participating in an email or SMS program, you acknowledge these Terms and our Privacy Policy.

2. Our role when communicating for clients

KMG provides fundraising, stewardship, donor engagement, membership, survey, marketing and related communications services for clients.

When we send an email or SMS on behalf of a client:

• the client generally determines the purpose and content of the program;

• the client identifies the individuals who may be contacted;

• the communication should identify the client on whose behalf it is being sent;

• KMG sends and manages the communication according to the client’s instructions; and

• information collected through the program may be provided to or controlled by the client.

Questions about a client’s programs, donations, memberships, charitable activities or underlying use of personal information should generally be directed to that client. KMG will assist the client in addressing questions and requests where appropriate.

3. Types of communications

Depending on the program and the individual’s relationship with KMG or the applicable client, electronic communications may include:

• fundraising appeals;

• requests to make, renew or increase a donation;

• donation reminders or confirmations;

• donor welcome and thank-you messages;

• stewardship and impact updates;

• information about charitable programs, campaigns or urgent needs;

• membership communications;

• surveys and requests for feedback;

• event, service or program information;

• links to donation or registration pages;

• responses to inquiries;

• account, transaction or administrative messages;

• service and security notices;

• information about KMG’s services;

• employment or recruitment communications; and

• other messages authorized by the recipient, the applicable client or applicable law.

Participating in an optional email or SMS program is not required to make a donation, obtain information or receive services through another available method.

4. Consent and authorization

KMG and its clients send electronic communications using consent, an existing relationship, a legal exemption or another form of authorization permitted by applicable law.

Depending on the circumstances, consent may be provided by:

• entering an email address or mobile telephone number on a form;

• selecting a consent checkbox;

• subscribing through a website or other digital channel;

• providing consent verbally;

• signing a written form;

• texting a designated keyword;

• continuing an electronic conversation initiated by the individual;

• asking to receive information electronically; or

• another clear affirmative action.

Consent may also be implied where permitted by law.

By providing a mobile telephone number and agreeing to receive SMS communications, you confirm that:

• you are the subscriber or customary user of that number, or are authorized to provide it;

• you understand that messages may be sent using automated technology;

• your consent is not a condition of making a donation or purchasing goods or services; and

• you will notify KMG or the applicable client if you are no longer the subscriber or customary user of the number.

If you provide an email address, mobile number or other contact information belonging to someone else, you confirm that you are authorized to provide that information and request the applicable communication.

5. Message frequency

Message frequency varies depending on:

• the program or campaign;

• the organization sending the communication;

• the recipient’s communication preferences;

• current events or urgent charitable needs;

• the recipient’s interactions with previous messages; and

• the type of administrative, fundraising or informational communication.

Some programs may involve a single message. Other programs may involve recurring or periodic communications.

Where practical, additional information about anticipated message frequency will be provided when an individual subscribes to a specific program.

KMG and its clients may change the frequency of messages, subject to applicable consent, communication preferences and legal requirements.

6. Message and data rates

Standard message and data rates may apply to SMS or MMS communications according to the recipient’s mobile service plan.

KMG and its clients do not charge recipients a separate fee for receiving or responding to program messages, but the recipient’s mobile carrier may impose charges.

Recipients are responsible for any fees charged by their mobile carrier, Internet service provider or other communications provider.

7. How to unsubscribe from SMS messages

Recipients may unsubscribe from an SMS program at any time by replying:

STOP

Other commonly recognized unsubscribe words, such as UNSUBSCRIBE, CANCEL, END or QUIT, may also be accepted where supported by the applicable messaging platform.

After submitting an unsubscribe request, the recipient may receive a final confirmation message. No further optional SMS messages should be sent from that specific program unless the recipient subscribes again or otherwise provides authorization.

Recipients may also request to stop SMS messages by:

• advising a KMG representative;

• contacting the client identified in the message; or

• emailing privacy@keysmarketinggroup.com.

An unsubscribe request may apply only to the specific SMS program, telephone number, campaign or client identified in the message.

Because KMG communicates on behalf of multiple organizations, unsubscribing from one client’s SMS program may not unsubscribe the recipient from communications sent independently by another organization.

8. How to unsubscribe from email messages

Recipients may unsubscribe from optional email communications by:

• selecting the unsubscribe link included in the email;

• updating their communication preferences, where that option is available;

• contacting the organization identified in the email; or

• emailing privacy@keysmarketinggroup.com.

An unsubscribe request may apply only to the organization, email address, program or category of communication identified in the request.

KMG and its clients may continue to send administrative, transactional, security, legal or service-related messages where those messages are necessary or permitted by law.

9. Resubscribing

A person who has unsubscribed may subscribe again by providing new consent or otherwise requesting that communications resume.

KMG or the applicable client may keep a record of the earlier unsubscribe request and the subsequent resubscription to demonstrate and manage the individual’s communication preferences.

10. Getting help

For help with an SMS program, recipients may reply:

HELP

Where supported, a help response may provide information about the program, the organization sending the message and available contact methods.

Recipients may also contact:

Keys Marketing Group
Email: privacy@keysmarketinggroup.com
Telephone: 1-833-539-7360

For questions about a donation, charitable receipt, membership, program or campaign, recipients should contact the charity, nonprofit organization or other client identified in the communication.

11. Identification of electronic messages

Electronic communications will identify KMG or the organization on whose behalf the communication is sent, as appropriate.

Where required or appropriate, messages will also provide:

• contact information;

• an unsubscribe method;

• a link to relevant terms or privacy information; and

• information sufficient to understand the purpose of the communication.

A shortened organization name, campaign name, branded sending number, email display name or other recognizable identifier may be used where space is limited, provided that the sender can reasonably be identified from the message and related information.

12. Donations and payment information

Some messages may include a link or instructions for making a donation.

Unless a message clearly states otherwise:

• replying to a fundraising SMS does not itself complete a donation;

• a recipient may need to confirm the donation amount or provide additional information;

• donations may be processed through a payment processor or system selected by the applicable client;

• charitable tax receipts are issued according to the client organization’s policies and eligibility requirements; and

• questions about refunds, receipts or the charitable use of funds should be directed to the applicable client.

Recipients should not send complete payment-card numbers, security codes, passwords, government identification numbers or other sensitive information through SMS or unencrypted email.

13. Delivery is not guaranteed

Electronic communications depend on third-party networks, mobile carriers, Internet service providers, devices and technology platforms.

Delivery may be delayed, blocked, duplicated, misdirected or unsuccessful because of circumstances beyond the control of KMG or the applicable client.

KMG and its clients do not guarantee:

• uninterrupted or error-free delivery;

• that every message will be received;

• that a message will be received within a particular period;

• that all devices or carriers will support every program feature; or

• that links or content will display correctly on every device.

KMG, its clients, mobile carriers and technology providers are not responsible for delayed or undelivered messages to the extent permitted by law.

Mobile carriers are not responsible for the content of messages sent through a KMG or client program.

14. Changes to a mobile number or email address

Recipients are responsible for informing KMG or the applicable client if they:

• change their mobile telephone number;

• change their email address;

• transfer a mobile number to another person;

• stop using a mobile number or email account; or

• are no longer authorized to use the contact information.

KMG and its clients may rely on the contact information and communication preferences provided until notified that they have changed.

15. Acceptable use

Recipients must not use an electronic communications program to:

• impersonate another person;

• provide contact information without proper authorization;

• interfere with or disrupt a messaging platform;

• transmit malicious code or harmful content;

• engage in fraud, harassment or unlawful conduct;

• attempt to gain unauthorized access to systems or information; or

• use automated methods to misuse or overload the program.

KMG or the applicable client may suspend or terminate participation where misuse, fraud, security concerns or unlawful activity is suspected.

16. Privacy

KMG handles email addresses, mobile numbers, consent records, communication preferences and message activity in accordance with our Privacy Policy.

Information associated with an electronic communication may include:

• name;

• email address;

• mobile telephone number;

• subscription and consent information;

• date, time and source of consent;

• message history;

• delivery status;

• responses;

• links selected;

• donation or transaction status;

• unsubscribe and suppression records;

• device and technical information; and

• information submitted through a linked form or website.

When KMG sends messages on behalf of a client, information collected through the program may be shared with that client.

KMG may also use approved service providers to deliver, manage, secure and evaluate electronic communications.

The KMG Privacy Policy is available at:

https://www.keysmarketinggroup.com/privacy-policy

If the final Privacy Policy uses a different web address, this link should be updated before these Terms are published.

17. Records and retention

KMG may retain records relating to electronic communications for purposes such as:

• documenting consent or another legal authority;

• managing subscriptions and communication preferences;

• honouring unsubscribe and do-not-contact requests;

• responding to complaints;

• preventing duplicate or unauthorized communications;

• providing services to clients;

• maintaining campaign and transaction records;

• meeting contractual obligations; and

• complying with legal, regulatory and industry requirements.

Retention periods vary according to the nature of the information, the program, client instructions and applicable obligations.

Consent, unsubscribe and suppression records may be retained after other program information has been deleted so that communication preferences continue to be respected.

18. Changes or termination of a program

KMG or the applicable client may:

• modify a program;

• change the content or frequency of communications;

• change the sending number, short code, email address or technology provider;

• suspend communications;

• terminate a program; or

• restrict access where required for legal, operational, security or technical reasons.

Where required, notice of a material change will be provided through the applicable communication channel, website or program information.

Termination of one electronic communications program does not necessarily terminate a recipient’s relationship with KMG or the applicable client.

19. Disclaimer and limitation of liability

Electronic communications are provided for fundraising, stewardship, membership, informational, administrative, marketing or related purposes.

To the extent permitted by law, KMG and its clients are not responsible for losses arising from:

• delayed, failed or misdirected delivery;

• unauthorized access to a recipient’s device or account;

• actions taken by someone with access to the recipient’s device;

• inaccurate contact information supplied by the recipient or client;

• mobile carrier or Internet service interruptions;

• third-party websites or payment platforms; or

• circumstances beyond their reasonable control.

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or limited.

20. Governing requirements

Electronic communications are managed in accordance with applicable Canadian privacy, electronic communications, telecommunications and consumer-protection requirements.

The application of a specific requirement may depend on:

• the nature and primary purpose of the message;

• the sender;

• the organization on whose behalf it is sent;

• the recipient’s relationship with that organization;

• the consent or other authority relied upon; and

• any statutory exemption that applies.

Nothing in these Terms is intended to reduce any right provided under applicable law.

21. Contact us

Questions, complaints, unsubscribe requests or privacy concerns may be directed to:

Privacy Officer
14232321 Canada Inc., operating as Keys Marketing Group
Box 847
Pemberton, British Columbia
V0N 1L0
Canada

Email: privacy@keysmarketinggroup.com
Telephone: 1-833-539-7360

Please identify the organization, campaign, sending telephone number or email message involved so that we can locate and address the request.

Do not send payment-card numbers, government identification numbers, medical information or other highly sensitive information through unencrypted email.

22. Changes to these Terms

KMG may update these Terms to reflect changes to our programs, clients, technology, practices or legal obligations.

The updated Terms will be posted on our website with a revised “Last updated” date.

Where required, additional notice of a material change will be provided or additional consent will be obtained.