Undertaking: Notesolution Inc. (OneClass)

File No.: 9109-2019-00522

Effective date of undertaking: 21 September 2020

Monetary payment amount: $100,000

Under section 21 of An 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 (CASL, or the Act)

Person entering into an undertaking

Notesolution Inc. doing business as OneClass (OneClass).

Acts and omissions covered by the undertaking and provisions at issue

OneClass has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) concerning alleged violations of paragraphs 6(1)(a), 8(1)(a), 10(1)(a), 10(3), 10(4), and 10(5)(a) of the Act as well as sections 4 and 5 of the Electronic Commerce Protection Regulations (CRTC) SOR/2012-36 (the Regulations (CRTC)).

Following an investigation, the CCEO alleged that commercial electronic messages (CEMs) were sent or caused to be sent by OneClass without consent from recipients, between 31 October 2016 and 25 March 2020, to promote its platform for post-secondary students to access student-created exam study guides, lecture notes and video tutorials through one time and monthly purchases of varying subscription lengths in Canada as well as globally.

In addition, the CCEO alleged that OneClass installed a computer program, namely the “OneClass Easy Invite Chrome Extension”, in the course of a commercial activity, on the computer systems of post-secondary students between October and November 2016, without their express consent and setting out the purpose for which consent was being sought. The CCEO further alleged that OneClass should have been aware that the “OneClass Easy Invite Chrome Extension” would cause the computer system to operate in a manner contrary to the reasonable expectations of the owners or authorized users of those computer systems, namely by collecting personal information stored on the students’ computer systems, including username and password credentials.

Amount owing and summary of other conditions

During the course of the investigation, OneClass has cooperated with the CCEO. OneClass has voluntarily undertaken, pursuant to section 21 of the Act, to resolve the CCEO’s outstanding concerns regarding OneClass’s compliance with the Act and the Regulations (CRTC), including undertaking to comply with, and ensuring that any third party authorized to send a CEM or install a computer program on its behalf complies with the Act and Regulations (CRTC).

As part of this undertaking, OneClass agreed to make a monetary payment of $100,000 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.

In addition to the monetary payment, and in order to promote compliance with the Act and the Regulations (CRTC), OneClass undertakes to develop and implement a compliance program addressing the sending of CEMs. This compliance program will include:

  1. corporate compliance policies and procedures;
  2. training and education for employees of OneClass; and,
  3. monitoring, auditing and reporting mechanisms,

In addition, OneClass will monitor and review its policies and procedures to determine whether any have the effect of providing incentives for employees to violate the Act and the Regulations (CRTC) and, if so, OneClass undertakes to eliminate such incentives.

Finally, OneClass will register and track CEM complaints and the subsequent resolution of those complaints. OneClass will also implement effective corrective measures for compliance failures and will maintain regular communication with the Commission from time to time to determine compliance with the Act and the Regulations (CRTC).

This Undertaking fully and completely resolves all outstanding issues between the Commission and OneClass with respect to OneClass’s compliance with the Act and the Regulations (CRTC) in relation to the CCEO’s investigation (i) into the sending of CEMs during the period of 31 October 2016 up to and including the effective date of this undertaking, as well as (ii) into the installation of a computer program, namely the “OneClass Easy Chrome Extension”, on the computer systems of post-secondary students between October and November 2016.

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