This document was last updated on November 1, 2017, to add detail about how we limit disclosures of personal information, and to update some language used throughout the document (e.g., replacing references to TekSavvy’s “Privacy Ombudsman” with “Data Protection Office”).
TekSavvy Solutions Inc. ("TekSavvy") and its subsidiaries and affiliates (collectively "TekSavvy Companies", and each individually "TekSavvy Company") provide a broad range of telecommunications services to customers, including Internet access, and local and long distance services in Canada.
The TekSavvy Companies (as defined in Part IV below) are committed to maintaining the privacy, confidentiality, security and accuracy of customer and employee personal information.
II. SCOPE AND APPLICATION
(i) information that is publicly available; or
(ii) the name, title or business address or telephone number of an employee of an organization.
Collection - the act of gathering, acquiring, recording or otherwise obtaining any personal information from any source, including third parties, by any means.
TekSavvy Companies -TekSavvy Solutions Inc. and its shareholder, 2343431 Ontario Inc.; ObjectiveSpark Inc. and its shareholder, 2427072 Ontario Inc., Hastings Cable Vision Ltd. and its shareholder, 2405182 Ontario Inc., and TekSavvy Solutions DOO Beograd.
Consent – voluntarily agreeing to the collection, use and disclosure of personal information for a defined purpose. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of the TekSavvy Companies. Implied consent is consent that can reasonably be inferred from an individual's action or inaction.
Customer - an individual who uses, or applies to use, a TekSavvy Company's products or services or otherwise provides personal information to a TekSavvy Company in the course of a TekSavvy Company's commercial activities.
Disclosure – the act of making personal information available to a third party.
Employee - an employee of a TekSavvy Company.
Personal information – any information about an identifiable individual, but not aggregated information that cannot be associated with a specific individual. For a customer, such information includes, but is not limited to, a customer's credit information, billing records, service and equipment information, and any recorded complaints. For an employee, such information includes information found in personal employment files, performance appraisals and medical and benefits information.
Third party - an individual other than the customer, their agent or an organization other than the TekSavvy Companies.
Use - the treatment, handling, and management of personal information by the TekSavvy Companies.
IV. PRIVACY PRINCIPLES
Principle 1 - Accountability
The TekSavvy Companies are responsible for all personal information under their control and shall designate one or more persons who are accountable for compliance with the following principles.
Data Protection Office
TekSavvy Solutions Inc
800 Richmond Street
Chatham, Ontario N7M 5J5
1.3 The TekSavvy Companies are responsible for all personal information in their possession or control, including information that has been transferred to a third party for processing. The TekSavvy Companies shall use appropriate means to provide a comparable level of protection while information is being processed by a third party (see Principle 7).
b) establishing procedures to receive and respond to inquiries or complaints;
c) training and communicating to staff about the TekSavvy Companies' policies and practices; and
d) developing public information to explain the TekSavvy Companies' policies and practices.
Principle 2 - Identifying Purposes for Collection of Personal Information
The TekSavvy Companies shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 The TekSavvy Companies shall collect personal information only for the following purposes:
a) To establish and maintain responsible commercial relations with customers and to provide ongoing service;
b) To understand customer needs;
c) To develop, enhance, market or provide products and services;
d) To manage and develop their business and operations, including personnel and employment matters; and
e) To meet legal and regulatory requirements.
Further references to "identified purposes" mean the purposes identified in this Principle 2.1.
2.2 The TekSavvy Companies shall specify orally, electronically or in writing the identified purposes to the customer or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within the TekSavvy Companies who shall explain the purposes.
2.3 Unless required by law, the TekSavvy Companies shall not use or disclose, for any new purpose, personal information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the customer or employee.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of a customer or employee is required for the collection, use or disclosure of personal information, except where inappropriate.
3.1 In certain circumstances personal information can be collected, used or disclosed without the knowledge or consent of the individual. For example, the TekSavvy Companies may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is a minor, seriously ill or mentally incapacitated.
The TekSavvy Companies may also collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.
The TekSavvy Companies may also use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.
The TekSavvy Companies may disclose personal information without knowledge or consent to a lawyer representing the TekSavvy Companies, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required by law.
3.2 In obtaining consent, the TekSavvy Companies shall use reasonable efforts to ensure that a customer or employee is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer or employee.
3.3 Generally, the TekSavvy Companies shall seek consent to use and disclose personal information at the same time they collect the information. However, the TekSavvy Companies may seek consent to use and disclose personal information after it has been collected but before it is used or disclosed for a new purpose.
3.4 The TekSavvy Companies will require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.
· For example, TekSavvy may collect customers’ IP address, MAC address, and router settings from routers connected to TekSavvy’s network for the purpose of providing ongoing service. TekSavvy uses this data to routinely monitor and manage end-users’ connectivity and performance on TekSavvy’s network.
3.5 In determining the appropriate form of consent, the TekSavvy Companies shall take into account the sensitivity of the personal information and the reasonable expectations of their customers and employees.
3.6 In general, the use of products and services by a customer, or the acceptance of employment or benefits by an employee, constitutes implied consent for the TekSavvy Companies to collect, use and disclose personal information for all identified purposes.
3.7 A customer or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers and employees may contact the TekSavvy Companies for more information regarding the implications of withdrawing consent.
Principle 4 - Limiting Collection of Personal Information
The TekSavvy Companies shall limit the collection of personal information to that which is necessary for the purposes identified. The TekSavvy Companies shall collect personal information by fair and lawful means.
4.1 The TekSavvy Companies collect personal information primarily from their customers or employees.
4.2 The TekSavvy Companies may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.
Principle 5 - Limiting Use, Disclosure and Retention of Personal Information
The TekSavvy Companies shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The TekSavvy Companies shall retain personal information only as long as necessary for the fulfillment of those purposes.
5.1 We do not share personal information with anyone outside the TekSavvy Companies where we can avoid it, however circumstances when we have to do so.
· We limit how much information we disclose to third parties: With respect to third party requests for information, where we are required to disclose personal information we limit it to the information required in the circumstances, provide it only for the purpose stipulated, and make it subject to strict terms of confidentiality. When a court orders us to provide personal information, we tell you about it unless we have been ordered by law not to, and we follow up regularly to question whether non-disclosure orders ought to remain in force.
· We work to keep as much traffic within Canada as we can: With respect to Internet traffic, we place an emphasis on preferring in-country interconnection for domestic traffic. We peer openly with peers in Canada whose Autonomous Systems are mostly located within Canada and who provide geographically diverse peering within Canada. We peer conditionally with other peers. We maintain publicly-available information on our traffic routing at PeeringDB (AS5645).
5.2 In certain circumstances personal information can be collected, used or disclosed without the knowledge and consent of the individual. (See Principle 3.1)
5.3 In addition, the TekSavvy Companies may disclose a customer's personal information to:
a) another telecommunications services provider for the efficient and effective provision of telecommunications services;
b) an entity involved in supplying the customer with communications or communications directory related services;
c) another entity for the development, enhancement, marketing or provision of any of the products or services of the TekSavvy Companies;
d) an agent retained by the TekSavvy Companies in connection with the collection of the customer's account;
e) credit grantors and reporting agencies;
f) a person who, in the reasonable judgment of the TekSavvy Companies, is seeking the information as an agent of the customer; and
g) a third party or parties, where the customer consents to such disclosure or disclosure is required by law.
5.4 The TekSavvy Companies may disclose personal information about their employees:
a) for normal personnel and benefits administration;
b) in the context of providing references regarding current or former employees in response to requests from prospective employers, to the extent that such references are granted at all; or
c) where disclosure is required by law.
5.5 Only those employees of the TekSavvy Companies who require access for business reasons, or whose duties reasonably so require, are granted access to personal information about customers and employees.
5.6 The TekSavvy Companies shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a customer or employee, the TekSavvy Companies shall retain, for a period of time that is reasonably sufficient to allow for access by the customer or employee, either the actual information or the rationale for making the decision.
5.7 The TekSavvy Companies shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
Principle 6 - Accuracy of Personal Information
Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal information used by the TekSavvy Companies shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a customer or employee.
6.2 The TekSavvy Companies shall update personal information about customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle 7 - Security Safeguards
The TekSavvy Companies shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1 The TekSavvy Companies shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. The TekSavvy Companies shall protect the information regardless of the format in which it is held.
7.2 The TekSavvy Companies shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All employees of the TekSavvy Companies with access to personal information shall be required as a condition of employment to respect the confidentiality of personal information.
Principle 8 - Openness Concerning Policies and Practices
The TekSavvy Companies shall make readily available to customers and employees specific information about their policies and practices relating to the management of personal information.
8.1 The TekSavvy Companies shall make information about their policies and practices easy to understand, including:
b) The means of gaining access to personal information held by the TekSavvy Companies; and
c) A description of the type of personal information held by the TekSavvy Companies, including a general account of its use.
8.2 The TekSavvy Companies shall make available information to help customers and employees exercise choices regarding the use of their personal information and the privacy-enhancing services available from the TekSavvy Companies.
Principle 9 - Customer and Employee Access to Personal Information
The TekSavvy Companies shall inform a customer or employee of the existence, use and disclosure of his or her personal information upon request and shall give the individual access to that information. A customer or employee shall be able to challenge the accuracy and completeness of the information and to have it amended as appropriate.
9.1 Upon request, the TekSavvy Companies shall afford to a customer or an employee a reasonable opportunity to review the personal information in the individual's file. Personal information shall be provided in understandable form within a reasonable time and at minimal or no cost to the individual.
9.2 In certain situations, the TekSavvy Companies may not be able to provide access to all of the personal information that they hold about a customer or employee. For example, the TekSavvy Companies may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, the TekSavvy Companies may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, the TekSavvy Companies shall provide the reasons for denying access upon request.
9.3 Upon request, the TekSavvy Companies shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, the TekSavvy Companies shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard personal information, a customer or employee may be required to provide sufficient identification information to permit the TekSavvy Companies to account for the existence, use and disclosure of personal information and to authorize access to the individual's file. Any such information shall be used only for this purpose.
9.5 The TekSavvy Companies shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual's file. Where appropriate, the TekSavvy Companies shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
9.6 A customer can obtain information or seek access to his or her individual file by contacting a designated representative at 1.877.779.1575 in English or 1.800.368.6909 in French, or by sending an email containing such a request in English or French to firstname.lastname@example.org.
9.7 An employee can obtain information or seek access to his or her individual file by contacting his or her immediate supervisor within the applicable TekSavvy Company.
Principle 10 - Challenging Compliance
10.1 The TekSavvy Companies shall maintain procedures for addressing and responding to all inquiries or complaints from their customers and employees about the TekSavvy Companies' handling of personal information.
10.2 The TekSavvy Companies shall inform their customers and employees about the existence of these procedures as well as the availability of complaint procedures.
For inquiries, complaints or more information please contact:
Data Protection Office TekSavvy Solutions Inc.
800 Richmond Street
Chatham, Ontario N7M 5J5
V. ADDITIONAL INFORMATION
For a copy of the Personal Information Protection and Electronic Documents Act, please see the Privacy Commissioner of Canada website at http://www.priv.gc.ca/.
For a copy of TekSavvy’s most recent Transparency Report, please visit https://www.teksavvy.com/en/why-teksavvy/policies/legal-stuff