Anti-Spam Policy
Contents:
Our Commitment to Responsible Communication
Definitions
CAN-SPAM Compliance (United States)
CASL Compliance (Canada)
Types of Messages We Send
How We Obtain Consent
How to Unsubscribe or Withdraw Consent
SMS and Text Message Communications
Our Sending Practices
Third-Party Senders and Service Providers
Reporting Spam or Abuse
Enforcement and Regulatory Contacts
Our Commitment to Responsible Communication:
Nexus Real Estate is committed to communicating with clients, partners, and program participants in a manner that is transparent, respectful, and fully compliant with applicable anti-spam laws in both the United States and Canada.
We do not send unsolicited commercial email or text messages. Every marketing or promotional message we send is based on a lawful consent basis, includes honest identification of who is sending it, and provides a clear and easy way to opt out at any time.
This Policy applies to all electronic commercial messages (ECMs) and commercial electronic messages (CEMs) sent by Nexus Real Estate Group, LLC, Nexus Real Estate, and Canadian Benefits Nexus Inc., as well as any third party sending messages on our behalf.
Definitions:
Electronic Commercial Message (ECM): Under CAN-SPAM, any email message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.
Commercial Electronic Message (CEM): Under CASL, any electronic message sent to an electronic address that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.
Express Consent: A clear, affirmative opt-in by an individual to receive commercial messages from a specific sender, for a specific purpose, obtained before any messages are sent. Express consent does not expire under CASL unless withdrawn.
Implied Consent: Consent inferred from an existing business or non-business relationship, as defined under CASL Section 10. Implied consent is time-limited (generally two years from the last transaction or inquiry).
Transactional or Relationship Message: A message the primary purpose of which is to facilitate, complete, or confirm a transaction the recipient has already agreed to, or to provide warranty, recall, safety, or account information. These messages are generally exempt from CAN-SPAM and CASL commercial message requirements but must still not be deceptive.
Unsubscribe: A request by a recipient to stop receiving commercial messages. Must be honored within ten (10) business days under CAN-SPAM and within ten (10) business days under CASL.
CAN-SPAM Compliance (United States):
For all commercial email messages sent to recipients in the United States, we comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.) as follows.
Honest Sender Identification: We do not use false or misleading header information. The "From," "To," "Reply-To," and routing information in every message accurately identifies the entity sending the message.
Honest Subject Lines: We do not use deceptive subject lines. Every subject line accurately reflects the content of the message.
Identification as an Advertisement: Where required, commercial messages are clearly identified as advertising or promotional communications.
Physical Postal Address: Every commercial email we send includes our valid physical postal address. This is either our current street address, a P.O. Box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency.
Clear Opt-Out Mechanism: Every commercial email includes a clear and conspicuous explanation of how the recipient can opt out of receiving future messages. The opt-out mechanism is functional for at least thirty (30) days after the message is sent.
Prompt Opt-Out Processing: We honor opt-out requests within ten (10) business days. Once a recipient opts out, we do not sell, transfer, or use their email address for any purpose other than processing the opt-out request.
No Conditions on Opt-Out: We do not require a recipient to pay a fee, provide additional personal information, or take any step beyond sending a reply email or visiting a single webpage to opt out.
No Third-Party Violations: We do not send commercial messages on behalf of another party in a manner that would violate CAN-SPAM, and we do not hire third parties to send messages that violate these requirements on our behalf.
CASL Compliance (Canada):
For all commercial electronic messages sent to electronic addresses of recipients in Canada, we comply with Canada's Anti-Spam Legislation (S.C. 2010, c. 23) as follows.
Consent Before Sending: We do not send CEMs to Canadian recipients without first obtaining express or implied consent as defined under CASL. We do not rely on pre-checked boxes, bundled consent, or consent obtained as a condition of purchase or service.
Sender Identification: Every CEM we send clearly identifies Canadian Benefits Nexus Inc. (or the applicable Nexus entity) as the sender, including our full legal name and mailing address.
Contact Information: Every CEM includes a mailing address and either a telephone number, email address, or web address where recipients can contact us.
Unsubscribe Mechanism: Every CEM includes a functioning unsubscribe mechanism that is clearly described, easy to use, and capable of being used at no cost to the recipient. Unsubscribe requests are processed within ten (10) business days.
Consent Records: We maintain records of all express consents, including the date, method of consent, and the exact language presented to the individual at the time of opt-in. These records are retained for a minimum of three (3) years following the withdrawal of consent or the end of the implied consent period.
Implied Consent Monitoring: Where we rely on implied consent, we track the start date of the consent period and cease sending CEMs to that individual no later than two (2) years after the triggering event (e.g., last transaction, last inquiry), unless express consent is obtained before expiry.
No Installation of Computer Programs: We do not send messages that install software, tracking cookies, or any program on a recipient's device without their express consent. This applies to any message that may trigger automatic downloading of content.
Types of Messages We Send:
We send the following categories of messages:
Transactional Messages (Consent Not Required for Commercial Rules) These messages are sent to individuals in connection with an active real estate transaction or rebate in progress. Examples include agent match confirmations, rebate status updates, closing reminders, and rebate delivery confirmations. These messages are not promotional in nature and are sent because you have an active file with us.
Program Welcome and Onboarding Messages Sent after you register for our rebate program or partner program. These messages explain how the program works, what to expect, and next steps. Sent on the basis of your registration and express consent provided at sign-up.
Partner Program Announcements If you are a hotel guest, university alumnus, or member of another partner organization that has introduced you to our program, we may send an initial announcement describing your benefit. This initial message is sent on the basis of your partner organization's referral and our implied or express consent basis.
Marketing and Promotional Messages Promotional messages about our services, seasonal incentives, new markets, or program updates. These are sent only to individuals who have provided express consent to receive promotional communications from us.
Re-Engagement Messages A limited series of messages sent to individuals who have not engaged with our communications for an extended period, to confirm whether they wish to remain subscribed. If there is no response, we remove inactive contacts from our marketing lists.
How We Obtain Consent:
Express Consent We obtain express consent through clear, standalone opt-in checkboxes on our registration forms, rebate enrollment forms, and any other intake mechanism. The consent request:
Identifies the sender (Canadian Benefits Nexus Inc. or Nexus Real Estate Group, LLC)
Describes the type of messages to be sent
Is not pre-checked
Is not bundled with acceptance of terms or conditions
Is not required as a condition of receiving our core services
Implied Consent (Canada Only) We may rely on implied consent where:
You have made a purchase or entered into a contract with us within the previous two (2) years
You have made an inquiry or submitted an application to us within the previous six (6) months
You have conspicuously published your electronic address and your role suggests an interest in our services, and the message is relevant to that role
We do not treat implied consent as indefinite. We track implied consent periods and cease sending CEMs when the period expires unless express consent has been obtained.
Referral by a Partner Organization Where a hotel, university, or other partner organization refers you to our program, we may send an initial introductory message on the basis of that referral, provided the partner organization obtained your consent to share your contact information for this purpose. Our initial message will identify us as the sender and provide an unsubscribe option.
How to Unsubscribe or Withdraw Consent:
You may unsubscribe from our commercial messages at any time by:
Clicking the unsubscribe link included in every marketing email we send
Replying to any marketing email with the word "UNSUBSCRIBE" in the subject line
Emailing us at unsubscribe@nexus.realestate
Submitting a request via nexus.realestate/unsubscribe
We will process all unsubscribe requests within ten (10) business days. You will not receive any further marketing messages after your request has been processed.
Please note: Unsubscribing from marketing communications does not affect transactional messages related to an active real estate transaction or rebate file. If you wish to stop all communications, including transactional messages, please contact us directly at privacy@nexus.realestate.
Withdrawing consent does not affect the lawfulness of messages sent before the withdrawal.
SMS and Text Message Communications:
Where we communicate with you by SMS or text message, the following rules apply.
Consent: We send SMS marketing messages only to individuals who have provided express written consent to receive text messages from us. Consent is obtained through a clear opt-in at the time of registration or by texting a keyword to our short code where applicable.
Identification: Every SMS message identifies Nexus Real Estate as the sender.
Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message we send. You will receive one confirmation message and no further messages will be sent.
Message Frequency: We disclose estimated message frequency at the time of consent. Message and data rates may apply depending on your carrier plan.
TCPA Compliance (United States): Our SMS practices comply with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations, including prior express written consent before sending autodialed or prerecorded marketing messages to mobile numbers.
CASL and CRTC Compliance (Canada): Our SMS practices comply with CASL and applicable CRTC rules for commercial electronic messages sent to wireless addresses.
Our Sending Practices:
List Hygiene: We maintain clean contact lists. We promptly remove unsubscribed, bounced, and invalid addresses. We do not purchase, rent, or trade email lists.
No Deceptive Tactics: We do not use misleading subject lines, false sender names, spoofed headers, or any technique designed to obscure the origin or content of our messages.
No Harvesting: We do not collect email addresses through automated harvesting tools, web scraping, or any other method not based on direct, voluntary submission by the individual.
Authentication: Our sending domains are configured with SPF, DKIM, and DMARC records to authenticate our messages and reduce the risk of spoofing.
Frequency: We send marketing messages at a reasonable frequency. We do not send messages in volumes or at frequencies designed to overwhelm recipients.
Segmentation: We segment our contact lists so that recipients receive only messages relevant to their program, geography, and stated preferences.
Third-Party Senders and Service Providers:
We use the following third-party platforms to send messages on our behalf:
MailChimp: Our primary email marketing and automation platform. Bound by our data processing agreement and required to comply with CAN-SPAM and CASL.
Campaign Monitor: Used for design-forward co-branded partner communications. Bound by contractual obligations consistent with this Policy.
Typeform: Used for registration and rebate election forms that may trigger automated follow-up messages.
We require all third-party senders to comply with applicable anti-spam laws, to honor unsubscribe requests we relay to them, and to send messages only in accordance with our instructions. We do not authorize any third party to send commercial messages in our name without our prior written approval.
Reporting Spam or Abuse:
If you believe you have received an unsolicited message purporting to be from Nexus Real Estate, or if you believe someone is impersonating us to send spam, please report it to us immediately.
Report Spam or Abuse: Email: abuse@nexus.realestate Subject Line: Spam Report
Please include the original message (including headers if possible) and the date and time you received it. We take all reports seriously and will investigate promptly.
You may also report spam to the following regulatory bodies:
United States: Federal Trade Commission at reportfraud.ftc.gov or spam@uce.gov Canada: Spam Reporting Centre at fightspam.gc.ca or spam@fightspam.gc.ca
Enforcement and Regulatory Contacts:
United States:
CAN-SPAM is enforced by the Federal Trade Commission (FTC) and the Department of Justice. Violations may result in civil penalties of up to $51,744 per email in violation. If you believe you have received a message from us that violates CAN-SPAM and are not satisfied with our response, you may contact:
Federal Trade Commission Website: www.ftc.gov | reportfraud.ftc.gov Phone: 1-877-382-4357
Canada:
CASL is enforced by the Canadian Radio-television and Telecommunications Commission (CRTC), the Competition Bureau, and the Office of the Privacy Commissioner of Canada. Violations may result in administrative monetary penalties of up to $1 million for individuals and $10 million for businesses per violation. If you believe you have received a message from us that violates CASL and are not satisfied with our response, you may contact:
Canadian Radio-television and Telecommunications Commission (CRTC) Website: www.crtc.gc.ca | fightspam.gc.ca Spam Reporting Centre: spam@fightspam.gc.ca
Competition Bureau Canada Website: www.competitionbureau.gc.ca Phone: 1-800-348-5358
