NETAGO provides telecommunications services to Customers including Internet access services, phone services and web hosting. Throughout NETAGO's interactions with Customers and potential Customers, we are committed to respecting the privacy, confidentiality and security of Personal Information.
- Identifying purposes for collection of Personal Information
- Obtaining consent for collection, use or disclosure of Personal Information
- Limiting collection of Personal Information
- Limiting use, disclosure and retention of Personal Information
- Accuracy of Personal Information
- Security safeguards
- Openness concerning policies and practices
- Customer access to Personal Information
- Challenging Compliance
“Customer”, “you”, “your”: means an individual who: (a) has an account with NETAGO; (b) subscribes for, uses, has used, or applies to use NETAGO products and/or services; (c) corresponds with NETAGO; and/or (d) is a Web Site User;
“NETAGO”, “we”, “our”: means NETAGO, its parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, suppliers, resellers and distributors;
“NETAGOWebsite”: means a website owned, controlled or managed by NETAGO, including the following domain: www.netago.ca;
“Personal Information”: means information about an identifiable Customer, but does not include aggregated information that cannot be associated with a specific individual. Personal Information includes, without limitation:
- Your name;
- Your email address;
- Your mailing address;
- Your birth dates;
- Your credit and financial information;
- Your billing records;
- Your NETAGOservice and product records;
- Any recorded complaints you may have.
“Web Site User”: means a user of NETAGO Websites from which NETAGO collects Personal Information.
1.2 NETAGO is responsible for Personal Information in their possession or control, including information that has been transferred to a third party for processing. NETAGO shall use appropriate means to provide a comparable level of protection while information is being processed by a third party (see Principle 7).
2.1 NETAGO shall identify orally, electronically or in writing, the purposes for which Personal Information is collected at or before the time the information is collected. Unless required by law, NETAGO 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.
2.2 We may ask you for Personal Information only for the following purposes:
- a). To establish and maintain a responsible commercial relationship with you;
- b). To allow us to provide you with ongoing services and support;
- c). To bill for and collect payment for NETAGO services and products;
- d). To manage and develop NETAGO's network, business and operations;
- e). To meet legal and regulatory requirements;
- f). To obtain credit information or provide it to others.
2.3 During a Customer’s interaction with NETAGO Websites, NETAGO may use a browser feature called a “Cookie”. Cookies are small information packets created by the website and stored on the hard drive of a Web Site User’s computer. Cookies are used to collect information anonymously and tract user patterns on the NETAGO Websites. For example, Cookies might record what a Customer puts in their shopping card or which advertisements they click on.
3.1 NETAGO requires a Customer’s knowledge and consent for the collection, use or disclosure of Personal Information, except where inappropriate.
3.2 In general, the use of services and products by a Customer constitutes implied consent for NETAGO to collect, use and disclose Personal Information for all identified purposes. Notwithstanding, NETAGO shall seek consent to use and disclose Personal Information at the same time it collects the information. However, NETAGO 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.
3.3 NETAGO may collect, use or disclose Personal Information without a Customer’s knowledge only in the following, exceptional circumstances:
- a). Where 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;
- b). Where it is in relation to the investigation of a breach of an agreement;
- c). Where it is to a lawyer representing NETAGO;
- d). Where it is to collect a debt;
- e). Where it is to comply with a subpoena, warrant or other court order;
- f). Where it is for any other purpose otherwise required by law; or
- g). In the case of an emergency where the life, health or security of an individual is threatened.
3.4 In obtaining consent, NETAGO shall use reasonable efforts to ensure that a Customer 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.
3.5 NETAGO will require consent for the collection, use or disclosure of Personal Information as a condition of the supply of a service or product only if such collection, use or disclosure is required to fulfill the identified purposes.
3.6 In determining the appropriate form of consent, NETAGO shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers.
3.7 A Customer may withdraw or vary consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers may contact NETAGO for more information regarding the implications of withdrawing or varying consent.
4.1 NETAGO shall limit the collection of Personal Information to that which is necessary for the purposes identified by NETAGO. NETAGO shall collect Personal Information by fair and lawful means.
4.2 NETAGO collects Personal Information primarily from its Customers.
4.3 NETAGO may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
5.1 NETAGO 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. NETAGO shall retain Personal Information only as long as necessary for the fulfilment of those purposes or as required by law.
5.2 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the individual. (See Principle 3.3)
5.3 Internally, only NETAGO employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information of Customers.
5.4 In addition, NETAGO 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 NETAGO;
- d). An agent retained by NETAGO 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 NETAGO, 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.
5.5 NETAGO 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 within a reasonable period of time after NETAGO no longer reasonably requires the Personal Information for legal or business purposes.
6.1 Personal Information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.2 Personal Information used by NETAGO 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.
6.3 NETAGO shall update Personal Information about Customers as and when necessary to fulfil the identified purposes or upon notification by the individual.
7.1 NETAGO shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.2 NETAGO shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. NETAGO shall protect the information regardless of the format in which it is held.
7.3 NETAGO 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.
7.4 All of NETAGO employees with access to Personal Information shall be required to respect the confidentiality of that information.
7.5 NETAGO may store and process Personal Information in Canada or another country. In either case, the Personal Information is protected with appropriate security safeguards but may be available to government agencies under applicable law.
7.6 While the majority of NETAGO's data traffic is routed domestically, some traffic may be routed through the United States while in transit.
8.2 NETAGO shall make information about its policies and practices as accessible and easy to understand as possible, including:
- b) the contact information for forwarding any privacy complaints;
- c) the means of gaining access to Personal Information held by NETAGO; and
- d) a description of the type of Personal Information held by NETAGO.
8.3 NETAGO will make available information to assist Customers in exercising choices regarding the use of their Personal Information.
9.1 NETAGO shall inform a Customer or of the existence, use, and disclosure of his or her Personal Information upon request and shall give the individual access to that information. Customers may identify any issues with the accuracy or completeness of the information provided and NETAGO will amend it as needed.
9.2 Upon request, NETAGO shall afford Customers 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 a minimal or no cost to the individual.
9.3 In certain situations, NETAGO may not be able to provide access to all the Personal Information that it holds about a Customer. For example, NETAGO 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, NETAGO 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, NETAGO shall provide the reasons for denying access upon request unless prevented from doing so by lawful means.
9.4 Upon request, NETAGO 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 use, NETAGO will provide information about the purposes for which the Personal Information has been and is being used by the organization. In providing an account of disclosure, NETAGO 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.
9.5 In order to safeguard Personal Information, a Customer may be required to provide sufficient identification information to permit NETAGO 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.
9.6 NETAGO 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, NETAGO shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.
9.7 Customers can seek access to their Personal Information by contacting a designated representative at NETAGO's business offices.
10.2 NETAGO shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers about NETAGO's handling of Personal Information.
10.3 NETAGO shall inform its Customers about the existence of these procedures as well as the availability of complaint procedures.
10.6 A Customer may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376 or) or the provincial Privacy Commissioner having jurisdiction, and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer is encouraged to use NETAGO's internal information and complaint procedures first.