Notice of Violation: 3510395 Canada Inc. (Compu.Finder)
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Ottawa, 5 March 2015
File Nos.: 9094-2014-00302-001
To: 3510395 Canada Inc. (dba Compu.Finder)
Name: Ms. Sylvie Pagé, President
707, chemin du Village, suite 202
Morin Heights, QC, J0R 1H0
Issue Date of Notice: 5 March 2015
Pursuant to section 22 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23 (the Act), the undersigned has issued this notice of violation finding 3510395 Canada Inc. to have committed the following violations contrary to Paragraphs 6(1)(a) and the Act:
Between 2 July 2014 and 16 September 2014, inclusively, 3510395 Canada Inc. sent or caused or permitted to be sent, to electronic addresses, commercial electronic messages, in three (3) patterns, without having the consent of the persons to whom the messages were sent, resulting in three (3) violations of section 6(1)(a) of the Act.
Between 2 July 2014 and 16 September 2014, inclusively, 3510395 Canada Inc. sent or caused or permitted to be sent, to electronic addresses, commercial electronic messages, containing an unsubscribe mechanism that did not function properly, resulting in one (1) violation of paragraph 6(2)(c) of the Act. Contrary to paragraph 6(1)(b) of the Act, 3510395 Canada Inc. did not ensure that the unsubscribe mechanism was valid for a minimum of 60 days after the message was sent, in accordance with subsections 11(1)(b) and 11(2) of the Act and as required by paragraph 6(2)(c) of the Act, or 3510395 Canada Inc. did not give effect to an indication sent in accordance with subsection 11(1) without delay, and in any event no later than 10 business days after the indication was sent, without any further action being required on the part of the person who so indicated, as required by subsection 11(3) of the Act.
Pursuant to section 20 of the Act, the undersigned has determined that the total administrative monetary penalty for the violations identified above is $1,100,000.
The penalty of $1,100,000 must be paid by 3510395 Canada Inc. to "The Receiver General for Canada" in accordance with subsection 28(3) of the Act.
Chief Compliance and Enforcement Officer
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