Question
Events.com is a website owned and operated by Events Inc., a Delaware corporation with a head office in Delaware, USA. Events.com is a directory and
Events.com is a website owned and operated by Events Inc., a Delaware corporation with a head office in Delaware, USA. Events.com is a directory and search engine for the special events industry in North-America. Users searching for service providers for a special event can search Events.com for service providers, such as venues, caterers, entertainers and photographers. In addition, Events.com also sells custom event merchandise to the users of its website.
When users run a search on Events.com, the users are required to complete a questionnaire. Users are unable to run any searches on Events.com unless they complete the questionnaire. The questionnaire requires the users to provide Events.com with the following information:
- Their name, home address, email address and telephone number
- The type of service they are searching for (ex. Venues, caterers, photographers etc.)
- Their personal preferences such as: indoor / outdoor events; types of food; diet restrictions; the music they enjoy; etc.
Event.com's algorithm uses the information it collects from the answers to the questionnaires to tailor the search results for each user. Event.com also discloses the information to SecondMarket Inc. an e-marketing agency located in the USA. SecondMarket Inc. uses this information to send targeted marketing emails to the users' email addresses, promoting Events.com's services and products.
- Which of the following statements is the most correct, as it applies to Canadian residents who complete the questionnaire on Events.com:
- Events and SecondMarket are not violating CASL because they are located in the US
- Events is violating CASL but not PIPEDA
- Events is violating PIPEDA but not CASL
- Events and SecondMarket are violating both PIPEDA and CASL
- Explain your answer to question "a", including why the other statements are incorrect, by applying the law to the facts of this case and by referencing the relevant sources
- Regardless of your answers to questions "a" and "b", advise Events Inc. on what it should do to comply with Canadian regulatory laws in these circumstances
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