Spam Act and electronic communications

1. About this policy

This policy explains how Corpshore Australia, the Australia and New Zealand division of Corpshore Solutions Corporation, complies with the Spam Act 2003 (Cth) when it sends commercial electronic messages, and what you can expect when you receive email from us. The Spam Act is enforced by the Australian Communications and Media Authority (ACMA), and enforcement is real rather than theoretical: the ACMA has obtained penalties of $7.5 million against the Commonwealth Bank in 2024 and $412,500 against Uber in 2023, both for the same category of consent and unsubscribe failures this policy is designed to prevent. Where we message recipients in New Zealand, the equivalent law is the Unsolicited Electronic Messages Act 2007, administered by the Department of Internal Affairs, and we apply the same standards. Our head office is at The Exchange Tower, 130 King Street West, Suite 1900, Toronto, Ontario M5X 2A2, Canada, and you can reach our Privacy Officer at info@corpshore.solutions.

2. What the Spam Act covers

The Spam Act applies to commercial electronic messages, which include email, SMS, MMS and instant messaging that advertise, promote or offer to supply goods, services or a business opportunity. It does not cover voice telemarketing calls, which are regulated separately, principally under the Do Not Call Register Act 2006 (Cth). For every commercial electronic message we send, the Act requires three things: that we have consent, that the message accurately identifies us and how to contact us, and that it contains a functional unsubscribe facility. This policy describes how we meet each of those requirements.

3. Consent

We send commercial electronic messages only where we have consent. The Spam Act recognises two kinds.

• Express consent. You give express consent by taking a clear, affirmative action to opt in, for example by ticking an unchecked box that is not bundled with any other request, when you subscribe to a newsletter or ask to receive marketing email. We do not use pre-checked boxes, and we do not treat silence or inaction as consent. When you give express consent, we record the date, the exact wording you agreed to, and how you gave it.
• Inferred consent. In the limited circumstances the Act allows, consent may be inferred from an existing business relationship, or from the conspicuous publication of a work-related electronic address where the message relates to that person's role or function and the address was not published with a statement that unsolicited commercial messages are not wanted. We treat inferred consent narrowly, we do not stretch it to cover unrelated marketing, and we do not rely on it once the relationship it rests on has clearly ended.

3a. Unbundled, unchecked opt-in

When we ask for express consent through a form on our site, the request to receive marketing communications is separate from any other request, it is presented with an opt-in control that is not pre-checked, and it is worded so you understand what you are agreeing to receive and from whom. Agreeing to be contacted about a specific enquiry, proposal or discovery call is a separate matter from agreeing to receive marketing, and we do not treat one as the other. You can give one without the other.

4. How we identify ourselves

Every commercial electronic message we send accurately identifies us as the sender, or identifies us and any person on whose behalf the message is sent, and gives contact details at which we can be reached. Our messages state that they come from Corpshore Australia and include our head office mailing address at The Exchange Tower, 130 King Street West, Suite 1900, Toronto, Ontario M5X 2A2, Canada and a contact route. That information has to remain accurate and reachable for at least thirty days after the message is sent, so you can always tell who sent a message and how to reach us.

5. Unsubscribe

Every commercial electronic message we send includes a clearly worded and easy-to-use unsubscribe facility that lets you tell us you no longer wish to receive commercial electronic messages from us. The facility remains functional for at least thirty days after the message is sent. When you unsubscribe, we give effect to your request without delay and in any event within five working days, and we do not require you to log in, pay, or do anything more than send the request or visit a single web page. Our newsletters and marketing email are delivered through Zoho Campaigns, and the unsubscribe link in each message is honoured within this timeframe.

6. Records of consent and unsubscribe

Because the burden of proving consent sits with the sender, we keep records of the consent we rely on, including the wording, the date and the method, and records of unsubscribe requests and how we gave effect to them. We keep proof of consent for three years after the consent is withdrawn or the relationship ends, so that we can demonstrate compliance. Our newsletters and marketing email run through Zoho Campaigns, which records subscription, consent and unsubscribe events, and we handle the personal information involved in accordance with our privacy policy.

6a. How we manage our sending lists

We build our marketing lists only from people who have given valid consent, or where consent can properly be inferred within the limits the Act sets. The Spam Act separately prohibits the supply, acquisition and use of address-harvesting software and of harvested-address lists, and we comply with that: we do not buy lists of addresses, we do not use software to generate or harvest addresses, and we do not send commercial electronic messages to an address obtained by such means. When consent is withdrawn or the basis for it lapses, we stop sending to that address and suppress it so it is not added back by mistake. We review our lists periodically to remove addresses for which we can no longer demonstrate a valid basis.

7. Transactional and other exempt messages

Some messages are not commercial electronic messages, or are exempt from some of the Act's requirements. A message that responds to your enquiry, confirms a discovery-call booking, or provides information about a transaction you have entered into is transactional or factual rather than promotional. We may send such messages on the basis of your request or the relationship, and we still identify ourselves clearly. This policy does not restrict our ability to send messages the law requires or permits without express consent.

8. Links and message safety

Our messages link only to our own site or to resources we describe, and we do not install software on your device through them. Please treat any message that appears to come from us but asks for sensitive information, credentials or payment details, or directs you to an unfamiliar address, with caution, and report it to info@corpshore.solutions so we can investigate.

8a. Accountability and our people

Compliance is a shared responsibility. The people who plan and send our commercial electronic messages are expected to follow this policy, to confirm that a valid basis exists before a message is sent, to include the required identification and unsubscribe facility, and to give effect to unsubscribe requests promptly. We treat a failure to follow this policy as a serious matter, because non-compliance can expose the organisation to substantial civil penalties, as the enforcement examples in section 1 show.

8b. Messages sent on behalf of others

Where a message is sent on behalf of another party, or promotes one, that party has to be identified and the consent relied on has to cover them. We do not send commercial electronic messages on behalf of a third party unless the required consent and identification are in place, and we do not lend our sending infrastructure to anyone who cannot demonstrate the same.

9. How to manage your preferences

You can unsubscribe from our marketing email at any time using the link in any such message, or by contacting info@corpshore.solutions. Unsubscribing from marketing does not stop transactional or service messages that relate to a request you have made or an engagement you have with us. If you believe you have received a message from us that does not comply with this policy, please tell us so we can correct it, and we will treat your report as an unsubscribe request in any event.

9a. New Zealand recipients

For recipients in New Zealand, the Unsolicited Electronic Messages Act 2007 applies as well as the Spam Act. The Spam Act reaches any commercial electronic message with an Australian link under section 7, which includes a message sent from Australia whoever receives it, so a message we send from Australia to a New Zealand recipient engages both, and is administered by the Department of Internal Affairs. Its requirements run along the same lines: consent, accurate sender identification and a functional unsubscribe facility. We do not operate a lower standard for New Zealand recipients, and the practices described in this policy apply to them in the same way.

10. Changes to this policy

We may update this policy as our communications practices or the law change. The date at the top of this page shows when it was last revised. Please review it from time to time. If you have questions about how the Spam Act applies to messages you receive from us, contact our Privacy Officer at info@corpshore.solutions.