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WHAT
IS PERSONAL INFORMATION?
"Personal
Information" means information about an identifiable
individual but does not include the name, title, business
address, or telephone number of any employee of any organization.
Personal
Information is information which can be identified with a
specific person, either solely on the basis of the information
collected by ILAP®, or in conjunction with other information
regarding a person that is well known or reasonably available.
1.
ACCOUNTABILITY
All
organizations engaged in commercial activities must comply
with PIPEDA .
Accountability for ILAP’s compliance with this Privacy
Policy rests with our Chief Privacy Officer. You may contact
our Chief Privacy Officer by e-mail at privacyofficer@ilap.com.
2. FOR WHAT PURPOSES AND FROM WHOM DOES ILAP COLLECT
PERSONAL INFORMATION?
ILAP®
collects, uses, and discloses Personal Information relating
to ILAP®’s business, as it reasonably considers
to be appropriate in the circumstances:
ILAP
collects Personal Information from its customers. ILAP®
is an internet sevice provider. ILAP provides internet access,
co-location, web-site hosting, web-site development, email,
email filter services, and internet related value added services
to its customers ("Services"). Typically ILAP enters
into agreements with its customers to provide internet Services
("Service Agreements").
In
order to perform the Services, ILAP needs the technical capability
to access, collect, or use information and data regarding
its customer’s access to and use of the Services. This
information and data may include information about data transmissions
(including the originating and destination IP addresses, or
telephone numbers, date, time and duration of data or voice
internet protocol transmissions), the identity and IP addresses
of email senders and recipients, email content, and other
data necessary for the establishment, billing or maintenance
of the Services ("Customer Data").
Customer
Data is identifiable with the customer and may be identifiable
with an individual.
ILAP
does not exercise discretion, selection, or control over the
access to, use, content, or communication of Customer Data.
ILAP does not in the ordinary course collect Customer Data
which is identifiable with an individual.
ILAP
does audit Customer Data if it has reasonable grounds to believe
that its customer has violated or is currently violating ILAP’s
Acceptable Use Policy, which is posted at http://www.aup.ilap.com/.
ILAP
considers it to be reasonable and appropriate to collect Personal
Information in the course of investigating violations of its
Acceptable Use Policy, to the extend necessary to identify
the nature of the violation and customer responsibility.
In
summary, ILAP collects Personal Information from its customers:
· to transact its business, including negotiating,
drafting, and entering into Service Agreements, and other
legally binding contracts;
·
to establish customer accounts, determine and verify credit
ratings, make credit decisions, and extend, revise, or revoke
credit;
·
to provide its Services;
·
to audit customer compliance with ILAP’s Acceptable
Use Policy;
·
to process, collect, and receive payments due, including to
prepare and send invoices;
·
to supply maintenance, support, and technical information
related to its products and Services;
·
to provide customer support and customer service;
·
to provide notice regarding enhancements and upgrades to its
products and Services, new products and services, special
offers, technical updates, and information updates;
·
to conceive, develop, prepare, license, sell, maintain, and
support enhanced or improved products and Services, as well
as new products and services;
ILAP
collects Personal Information from employees and persons applying
for employment:
·
to recruit, interview, verify references, and assess person
applying for employment;
·
to hire employees, including completing all necessary documentation
associated with hiring an employee, continuing such employment,
or terminating such employment;
·
to arrange, manage, or terminate medical, dental, pension,
and other benefit plans it provides to its employees, as well
as to process benefit application claims related thereto;
·
to conduct employee performance evaluations and reviews, as
well as to counsel or responding to workplace absenteeism
or other employee performance related issues;
·
to discipline or terminate the employment of any employee
should it become necessary;
·
to accommodate special workplace needs of any of its employees,
as well as to ensure safety in the workplace;
·
to monitor use of its telephone, computer, network, and/or
telecommunication resources, including internet and/or e-mail
use;
·
to determine eligibility for retirement and related pension
benefits, as well as to process benefit application claims
related thereto;
ILAP
collects Personal Information with respect to former employees:
·
to confirm employment and provide references for former employees;
·
to administer benefit, pension, and other employee related
plans;
·
to retain as a subcontractor, consultant, or other service
provider;
ILAP
collects Personal Information from any person ILAP® may
deal with, including customers, employees or former employees:
·
to conduct its internal and external business activities;
·
to communicate by telephone, e-mail, facsimile transmission,
and other means;
·
to exercise its rights and perform its obligations at law,
in equity, or under any contracts, agreements, or other binding
legal commitments it may enter into;
·
subject to adequate non disclosure provisions determined by
ILAP®, to enter into business relationships, agreements,
and other commitments with third parties who work with ILAP®,
on behalf of ILAP®, or supply products, services, or other
resources to ILAP®. These third parties may include advertisers,
banks, lenders, lawyers, accountants, insurance agents, stock
brokers, underwriters, software companies, technology companies,
prime contractors, subcontractors, consultants, resellers,
distributors, agents and other parties;
·
to assert, maintain, perfect, register, and/or enforce ILAP®’s
legal rights with respect to intellectual property or other
property which ILAP® may own or control, including to
file patents, copyright registrations, and other intellectual
property registrations on ILAP®’s behalf;
·
to prepare, submit, substantiate, update, and defend administrative,
regulatory, tax, and other filings and disclosures required
by government, administrative, or regulatory body;
·
to initiate and/or respond to legal proceedings, such as claims,
lawsuits, subpoenas, injunctions, court orders, judgments,
orders, and other legal process to establish or exercise ILAP®’s
legal rights, or to defend against legal claims;
·
to deal with police, law enforcement agencies, fire departments,
and other public safety organizations regarding ILAP®’s
employees, property, business, or operations;
·
to investigate, prevent, or take action regarding suspected
or actual unlawful activities, fraud, situations involving
potential threats to the physical safety of any person or
property, violation of any of ILAP®’s policies or
terms of use, or as otherwise required by law;
·
subject to adequate non disclosure provisions determined by
ILAP®, to sell, assign, transfer, convey, reorganize,
merge, amalgamate, or divest all or any portion of the shares,
assets, business operations, business units, intellectual
property, and/or other property of ILAP®, either in whole
or in part, including with respect to any initial or subsequent
private or public share offerings and/or with respect to any
other type of financing;
·
subject to adequate non disclosure provisions determined by
ILAP®, to purchase all or any portion of the shares, assets,
business operations, business units, intellectual property,
and/or other property of any other party or parties, either
in whole or in part.
The
Personal Information that ILAP® collects, uses, and discloses
is stored and processed on computers located in Canada.
If
ILAP® plans to use or disclose Personal Information which
it has collected for a purpose not previously identified,
ILAP® will identify and document this purpose.
Before
ILAP uses or discloses Personal Information for a purpose
not previously identified, ILAP® will make a reasonable
effort to advise the individual from whom the Personal Information
was collected, by e-mail, or by posting a change to this Privacy
Policy at its website located at http://www.privacypolicy.ilap.com/
. ILAP® will state the new purpose in such a manner that
an individual can reasonably understand how the Personal Information
will be used or disclosed.
3.
CONSENT
Personal
Information will only be collected, used, or disclosed with
the knowledge and consent of the individual, except where
inappropriate. ILAP® may obtain consent from an individual
orally (such as over the telephone), in writing, by e-mail,
through ILAP’s website at http://www.ilap.com/, or by
other electronic means. Consent may be given expressly (such
as by completing and submitting a form to ILAP® by mail,
by facsimile transmission, by e-mail, through ILAP’s
website, or by other electronic means) or implicitly (such
as by posting a notice on ILAP’s website that the user
of the website consents to the collection, use, and disclosure
of Personal Information about such user through the user’s
use, or continued use, of the website).
The
way in which ILAP® will seek consent, including whether
express or implied consent is sought, may vary depending on
the sensitivity of the Personal Information and the reasonable
expectation of the individual supplying it.
Service
Agreements. Typically, ILAP® will seek consent in its
Service Agreements with its customers, to the collection,
use, or disclosure of Personal Information to the extent necessary
for ILAP to provide the Service, before the Service is performed
and before the Personal Information is collected.
ILAP®
will request users of its Services to voluntarily provide
Personal Information about themselves by having such customers
complete a form of Service Agreement, and by entering into
a Service Agreement electronically indicating their acceptance
and intention to enter into the Service Agreement (a "click
through" agreement). If a website user voluntarily provides
Personal Information to ILAP® by using ILAP®’s
website, or by entering into a click through agreement at
our website, information collected by our website and sent
over the internet to ILAP® will be received, processed,
and stored by ILAP® for use by ILAP® for the stated
purpose for which it was collected, in a secure database.
ILAP®
does not, as a condition of providing its Services, require
an individual to consent to the collection, use or disclosure
of Personal Information which is greater than that which is
needed by ILAP® to perform the Service. Typically the
Personal Information which ILAP® collects arises from
the scope of the Services. For example ILAP’s iPermitmail™
email filter Service consists of a log of held emails from
senders identifying the sender, the recipient (ILAP’s
customer), and the subject matter description of the contents
of the email. The held emails, including the contents of held
emails are collected by ILAP® in a held email server until
such time as they are purged or released or forwarded by the
customer.
An individual can withdraw their consent at any time, subject
to the termination provisions of the applicable Service Agreement.
If ILAP® is unable to perform the Service without the
collection, use or disclosure of the Personal Information,
ILAP will inform the Customer of the implications of withdrawing
their consent.
Consent
after Collection. In certain circumstances, ILAP® may
seek consent after the Personal Information has been collected.
ILAP considers it to be reasonable and appropriate to collect
Personal Information in the course of investigating violations
of its Acceptable Use Policy, without prior notice. In such
circumstances ILAP will use the Personal Information to notify
its customer of breaches of the Service Agreement.
Disclosure
without Consent. ILAP will not disclose Personal Information
to persons other than ILAP’s customer, except as may
be required by law. Examples of such disclosure as required
by law include compliance with a subpoena or warrant, or if
ILAP has knowledge as a result of its Acceptable Use Policy
audit that an individual or customer in Canada is using a
customer’s internet access Service to access child pornography.
Collection,
use, or disclosure without the knowledge or consent of the
individual. In certain circumstances, such as when permitted
or required by law, PIPEDA contemplates that ILAP® may
collect, use, or disclose Personal Information without the
knowledge or consent of the individual. These circumstances
include:
Collection
without knowledge or consent -
· the collection is clearly in the interests of the
individual and consent cannot be obtained in a timely way;
·
it is reasonable to expect that the collection with the knowledge
or consent of the individual would compromise the availability
or the accuracy of the Personal Information and the collection
is reasonable for purposes related to investigating a breach
of a Service Agreement or a contravention of the laws of Canada
or a province;
·
ILAP considers it to be reasonable and appropriate to collect
Personal Information in the course of investigating violations
of its Acceptable Use Policy, without prior notice.
·
the Personal Information is publicly available as specified
by regulation;
Use
without knowledge or consent -
·
in the course of its activities ILAP becomes aware that the
Personal Information could be useful in the lawful investigation
of a contravention of the laws of Canada, a province, or foreign
jurisdiction, and the unlawful conduct has been, is being,
or is about to be committed;
·
it is used for the purpose of acting with respect to an emergency
that threatens the life, health, or security of an individual;
·
it is used for statistical or scholarly study or research
purposes that cannot be achieved without using the information
provided the conditions in the Personal Information Protection
and Electronic Documents Act are complied with;
·
the Personal Information is publicly available and is specified
by regulation;
·
the Personal Information was collected under any of the first
two paragraphs contained in this Use paragraph, immediately
above;
Disclosure
without knowledge or consent -
·
the Personal Information is disclosed to a lawyer representing
ILAP®;
·
the Personal Information is disclosed for the purpose of collecting
a debt;
·
the disclosure is necessary to comply with a subpoena, warrant,
or court order made to compel production of records or to
comply with the rules of the court relating to such production.
·
the Personal Information is disclosed to a government institution
or investigative body in accordance with the provisions of
the Personal Information Protection and Electronic Documents
Act;
·
the Personal Information is disclosed to a person who needs
the information because of an emergency that threatens the
life, health, or security of an individual and if the individual
whom the information is about is alive, such individual is
informed in writing without delay of the disclosure.
4.
LIMITING COLLECTION
ILAP®
limits its collection of Personal Information to the amount
and type of Personal Information which it needs for its identified
purposes. ILAP® will only collect Personal Information
by fair and lawful means.
5.
LIMITING USE, DISCLOSURE AND RETENTION
ILAP®
will retain Personal Information only as long as is necessary
for the fulfillment of those identified purposes for which
it was collected. Where Personal Information is no longer
required to fulfill identified purposes, it will be destroyed,
erased, or made anonymous.
6.
ACCURACY
ILAP®
will use its best efforts to ensure that Personal Information
under its control is accurate, complete, and up-to-date as
is necessary for the purposes for which it is used. The extent
to which ILAP® will ensure that such Personal Information
will be accurate, complete and up-to-date will be dependant
upon the use such Personal Information will be put to, taking
into account the interests of the individual.
7.
SAFEGUARDS
ILAP®
will use safeguards designed to protect Personal Information
under its control against loss or theft, as well as against
unauthorized access, disclosure, copying, use, or modification,
regardless of the format in which the Personal Information
is held. For example, ILAP®:
·
limits access to Personal Information under its control to
those officers and employees which have a need to know such
information for the purposes it was collected;
·
uses physical, electronic, and procedural safeguards to protect
Personal Information;
·
uses industry-standard SSL encryption to protect Personal
Information supplied to it through its website;
·
ensures that access to each customer account by its employees
is password protected;
·
does not store credit card information electronically beyond
processing of the transaction;
8.
OPENNESS
ILAP®
will make available information relating to our privacy policies,
such as general information relating to this Privacy Policy,
how it is implemented within our organization, what steps
we take to ensure that our employees follow this Privacy Policy,
how to contact our Chief Privacy Officer, and how to initiate
a challenge concerning any Personal Information regarding
an identifiable individual that we may have within our custody.
9.
INDIVIDUAL ACCESS
Upon
request, we will inform an individual whether or not ILAP
has Personal Information regarding such individual under its
control, as well as its use and disclosure of same. We will
respond to an individual’s written request within a
reasonable period of time (generally within 30 calendar days
of receipt of such request). We will assist any individual
who needs assistance in completing such request subject to
the individual providing sufficient information to permit
us to provide an account of the existence, use, and disclosure
of Personal Information under our control.
While
ILAP®’s response will typically be provided at no
cost to the individual, ILAP® reserves the right, depending
on the nature of the request and the Personal Information
involved, to charge an individual for its costs to process
each such request. If it does so, such costs must be paid
to ILAP® by the individual in advance of it beginning
to process such request.
In
providing an account of those third parties to which or to
whom ILAP® may have disclosed Personal Information, ILAP
will attempt to be as reasonably specific as possible in the
circumstances. However, where it is not reasonably practicable
to provide a specific list of those third parties to whom
it disclosed Personal Information, ILAP® will provide
a list of those third parties to whom it may have disclosed
such Personal Information.
If
it is demonstrated to us that the Personal Information under
its control is inaccurate or incomplete, ILAP® will amend
the Personal Information as required to the extent more accurate
Personal Information is provided to it. If the challenge is
not resolved to the satisfaction of the individual, it will
document and record the substance of the unresolved challenge.
ILAP®
may refuse a request or a challenge or not be able to provide
access to the Personal Information under its control. These
exceptions will be limited to those permitted or required
by law. Where permitted, the reasons for such refusal will
be provided to the individual upon request. For example, such
reasons may include that the information:
·
is prohibitively costly to provide, or contains references
to other individuals;
· cannot be disclosed for legal, security or commercial
proprietary reasons;
· is subject to solicitor-client or attorney client
privilege;
· was collected in the course of an investigation,
or
· pertains to a dispute or pending or actual litigation
or arbitration.
10.
CHALLENGING COMPLIANCE AN INDIVIDUAL CAN ADDRESS AND SEND
A CHALLENGE CONCERNING ILAP®’S COMPLIANCE WITH ANY
OF THE PRIVACY PRINCIPLES TO OUR CHIEF PRIVACY OFFICER
ILAP
will review, consider, and investigate all written privacy
complaints which we received. Please include your name, company
name, company address, and/or email address when you contact
us by e-mail, by facsimile transmission, or by registered
mail. If we find the complaint to be justified, we will take
such action as is appropriate to comply with this Privacy
Policy, or PIPEDA.
11.
CHANGES TO THIS PRIVACY POLICY
ILAP®
may amend any or all of the provisions of this Privacy Policy,
or post a new Privacy Policy in place of this one, at any
time or times without prior notice to any party, and may post
notice of an amended or new Privacy Policy at its web-site
at www.privacycode.ilap.com .
12.
HOW ILAP COLLECTS PERSONAL INFORMATION
The
following information is provided for information purposes
only in an effort to explain some of the methods by which
ILAP® may collect Personal Information. None of the following
information contained on the remaining pages of this document
forms part of the ILAP® Privacy Policy.
There are various ways that Personal Information may be supplied
to, or collected by ILAP®. For example, you may supply
personal information if you choose to communicate with ILAP®
by e-mail or facsimile. Similarly, while it is possible for
you to use our website without supplying any Personal Information
to us, you will be required to do so if you wish to transact
business with us.
Information
Requests
Throughout
our site, you are provided with the opportunity to contact
us via email to ask questions, request information and materials,
or provide comments and suggestions. You may also be offered
the opportunity to have one of our representatives contact
you to provide information about our products or services.
We may request additional personal information from you, such
as your name and telephone number, to help us satisfy your
request.
Cookies
Internet
Light and Power does not attempt to track your identity or
use of the website using cookies or any other mechanism.
Log
Files
Our
website servers generate standard traffic log files. We use
these files to prepare aggregate traffic statistics for our
site. There is no personally identifiable information in these
log files. We use these statistics to analyze trends, administer
the site, track users' movements, and gather broad demographic
information to improve the performance of our site.
Requested
Services
We
communicate with the user to provide requested services and
in regards to issues relating to their account via email or
phone.
Signup
We
request user information during when you enter into a click
through Service Agreement with ILAP. A user may be asked to
provide contact information (e.g. name and shipping address)
and financial information (e.g. credit card number, expiration
date). This information is used for billing purposes and to
fulfill orders. If we have difficulty processing an order,
the contact information is used to contact the customer.
Surveys
& Contests
From
time to time, our site requests information from users via
surveys or contests. Participation in these surveys or contests
is completely voluntary and the user can decide whether or
not to disclose their information. Information requested may
include contact information (such as name and shipping address),
and demographic information (such as zip/postal code and age
range). Contact information will be used to notify the winners
and award prizes. Survey information will be used for purposes
of improving our products and our site.
Security
Our
Web site takes every precaution to protect our users' information.
When a user submits sensitive information, the information
is protected both online and offline. Where our signup form
requires sensitive information (such as a credit card number),
that information is encrypted with SSL, the best encryption
software in the industry. While on a secure page such as our
signup form, the lock icon on the bottom of Web browsers such
as Netscape Navigator and Microsoft Internet Explorer becomes
locked, as opposed to unlocked or open.
Suppliers
We
outsource credit card processing. The company that perform
these services do not retain, share, store or use personally
identifiable information for any secondary purposes.
Links
This
Web site contains links to other sites. Please be aware that
Internet Light and Power is not responsible for the privacy
practices of other sites. We encourage our users to be aware
of when they leave our site, and to read the privacy statements
of each and every web site that collects personally identifiable
information. This privacy statement applies solely to information
collected by the iPermitMail web site.
privacyofficer@ilap.com.
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