Axagen Telecom
("Axagen Telecom") is strongly
committed to respecting and protecting your
privacy. Please carefully read the following
Privacy Policy. In order to ensure your
privacy, personal information Axagen Telecom
collects from its customers, as well as
visitors to its website located at www.Axagen
Telecom.com ("Site"), is used
only in the manner and for the purposes
described in this Privacy Policy. "Personal
information" includes information about
an identifiable individual, presented in
any form, such as: age, name, ID number(s),
income, ethnic origin, opinions, evaluations,
social status, disciplinary actions, credit
records, loan records, medical records,
but does not include the name, title, business
address and telephone number of an employee
of an organization. Axagen Telecom's Privacy
Policy is enacted pursuant to the Personal
Information Protection and Electronic Documents
Act (Canada), and applies to the collection
of personal information from Canadian, U.S.
and other countries’ customers by
Axagen Telecom. This Privacy Policy is organized
along ten privacy principles, which are:
- Accountability
- Identifying Purposes
- Consent
- Limiting Collection
- Limiting Use, Disclosure
and Retention
- Accuracy
- Safeguards
- Openness
- Individual Access
- Challenging Compliance
PRINCIPLE #1 —
ACCOUNTABILITY
Axagen Telecom is responsible for
personal information under its control and
will designate an individual or individuals
who are accountable for the organization's
compliance with the following principles.
1.1 Accountability for Axagen
Telecom's compliance with the principles
rests with the senior management of Axagen
Telecom and the person or persons designated
by senior management as Privacy Officer,
even though other individuals within the
organization may be responsible for the
day-to-day collection and processing of
personal information. In addition, other
individuals within the organization may
be delegated to act on behalf of senior
management or the Privacy Officer.
1.2 Axagen Telecom's Privacy
Officer may be contacted at:
Attention: Axagen Telecom
c/o Privacy Officer
4999 St-Charles Blvd., suite 102
Montreal, QC H9H 3M8, Canada
E-mail: privacy@axagentelecom.com
1.3. Axagen Telecom is responsible
for personal information in its possession
or custody, including information that has
been transferred to a third party for processing.
Axagen Telecom will use contractual or other
means to provide a comparable level of protection
while the information is being processed
by a third party.
1.4 Axagen Telecom will implement
policies and practices to give effect to
these principles, including:
a. implementing procedures
to protect personal information;
b. establishing procedures to receive and
respond to complaints and inquiries;
c. training staff and communicating to staff
information about Axagen Telecom's policies
and practices; and
d. developing information to explain Axagen
Telecom's policies and procedures.
PRINCIPLE #2 —
IDENTIFYING PURPOSES
Axagen Telecom will identify the
purposes for which personal information
is collected at or before the time the information
is collected.
2.1 Axagen Telecom collects
personal information only for the following
purposes ("identified purposes"):
a. to provide service(s) and/or
products to its customers;
b. to maintain commercial relations and
to communicate with its customers (which
will include, but not be limited to: billing,
collection, advertising, promotion, account
verification);
c. to evaluate customers' financial status
and eligibility for credit;
d. to identify customer needs and/or preferences;
e. to meet legal and regulatory requirements;
f. to administer and manage its business
operations; and
g. as otherwise required or permitted by
law.
2.2 Axagen Telecom will provide
notice of the identified purposes either
orally, electronically or in writing prior
to or at the time of collection of the personal
information.
2.3 If individual persons
collect personal information, they will
be able to specify the purposes for which
the information is being collected, or will
refer the individual whose information is
being collected to a designated person at
Axagen Telecom who will specify the purposes.
2.4 When personal information
that previously has been collected is to
be used for a purpose not previously identified,
the new purpose will be identified prior
to use. Unless the new purpose is required
by law, and subject to the exceptions referred
to in Principle #3, Axagen Telecom will
obtain the consent of the individual before
information is used for that new purpose.
2.5 Occasionally, Axagen Telecom
will communicate to you special bonus and
new product offers that we think may be
of value to you. Axagen Telecom may retain
third parties to assist it in marketing
such new or additional Axagen Telecom products
and services to our customers (and for such
purpose may share personal information with
such third parties) but will not otherwise
disclose or make available any personal
information to any third parties seeking
to market their products to Axagen Telecom's
customers. All Axagen Telecom customers
have the right to chose not to participate
in direct marketing of new products and
services from Axagen Telecom. If you wish
to opt-out of receiving targeted communications
from Axagen Telecom in electronic, printed
or verbal format (other than information
included with your monthly bills), simply
inform us in writing at
Attention: Axagen Telecom
c/o Privacy Officer
4999 St-Charles Blvd., suite 102
Montreal, QC H9H 3M8, Canada
E-mail: privacy@axagentelecom.com
2.6 The Site may provide hyperlinks,
which are highlighted words or pictures
within a hypertext document that may, when
clicked, take you to another place within
the document, to another document altogether,
or to a third party website not controlled
by Axagen Telecom. Such hyperlinked third
party websites may collect and disclose
information different than this Site. Axagen
Telecom is not responsible for the collection,
use, or disclosure of information collected
through these third party web sites, and
Axagen Telecom expressly disclaims any and
all liability related to such collection,
use, or disclosure.
PRINCIPLE #3 —
CONSENT
The knowledge and consent of the
individual are 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 and consent
of the individual. For example, where collection
or use is clearly in the interests of the
individual and consent cannot be obtained
in a timely way; where used or disclosed
in the case of an emergency that threatens
the life, health or security of an individual;
where personal information is publicly available
as defined by regulation; where collection
with knowledge or consent might compromise
the availability or accuracy of the information
and the collection relates to investigation
of a breach of agreement or contravention
of law; and where disclosed for debt collection
purposes or to comply with a subpoena, warrant
or court order.
3.2 Where required, Axagen
Telecom will generally seek consent for
the use or disclosure of the information
at the time of collection. In certain circumstances,
consent with respect to use or disclosure
may be sought after the information has
been collected but before use (for example,
when Axagen Telecom wants to use information
for a purpose not previously identified).
3.3 Axagen Telecom will make
a reasonable effort to ensure that the individual
is advised of the purposes for which the
information will be used. To make the consent
meaningful, the purposes will be stated
in such a manner that the individual can
reasonably understand how the information
will be used or disclosed.
3.4 Axagen Telecom will not,
as a condition of the supply of a product
or service, require an individual to consent
to the collection, use, or disclosure of
information beyond that required to fulfill
the explicitly specified and legitimate
purposes.
3.5 The form of consent sought
by Axagen Telecom may vary, depending upon
the circumstances and the type of information
disclosed. Axagen Telecom will seek express
consent when the information is likely to
be considered sensitive. Implied consent
will generally be appropriate when the information
is less sensitive.
3.6 An individual may withdraw
consent at any time, subject to legal or
contractual restrictions and reasonable
notice. Axagen Telecom will inform the individual
of the implications of such withdrawal.
In order to withdraw consent, an individual
must provide notice to Axagen Telecom in
writing.
3.7 With respect to personal
information already collected by Axagen
Telecom prior to the publication of this
Privacy Policy, this Policy will constitute
reasonable notice to AXAGEN Telecom's current
customers of the purposes and uses for which
such personal information has been collected.
Should an individual object to these ongoing
uses or disclosures, consent may be withdrawn
upon providing notice to Axagen Telecom
in writing.
PRINCIPLE #4 —
LIMITING COLLECTION
The collection of personal information
will be limited to that which is necessary
for the purposes identified by Axagen Telecom.
Information will be collected by fair and
lawful means.
4.1 Axagen Telecom collects
personal information from its customers
for the purposes described under Principle
#2.
4.2 Axagen Telecom may also
collect personal information from such third
parties as credit bureaus, employers or
personal references or other third parties
that represent that they have the right
to disclose the information.
4.3 The Site uses a feature
of Internet web browsers called a cookie,
which is a file that is sent to your browser
from the Site's computers and stored on
your computer's hard drive. A cookie assigns
a unique identification code to your computer
in order to collect anonymous information.
On this Site, cookies are used to help us
track visitors, conduct research and improve
our content and services.
Axagen Telecom's cookies do
not collect personal information. Axagen
Telecom only collects personal information
if you knowingly and willingly provide such
information.
You may set your Internet
web browser to notify you when you receive
a cookie or to prevent cookies from being
sent. If you prevent a cookie from being
sent, you may limit the functionality of
the Site.
PRINCIPLE #5 —
LIMITING USE, DISCLOSURE, AND RETENTION
Personal information will not be
used or disclosed for purposes other than
those for which it was collected, except
with the consent of the individual or as
otherwise required or permitted by law.
Personal information will be retained only
as long as necessary for the fulfillment
of those purposes or as otherwise required
or permitted by law.
5.1 Axagen Telecom may collect,
use or disclose personal information without
the individual's knowledge or consent in
certain circumstances as described in Principle
#3.1.
5.2 Axagen Telecom may disclose
a customer's personal information to:
a. another company for the
provision of its services to that customer;
b. a company involved in providing communications
directory services;
c. a person involved in the development,
promotion, marketing or enhancement of Axagen
Telecom services;
d. a credit collections agency;
e. emergency services in an emergency situation;
f. a person, who, in the reasonable estimation
of Axagen Telecom, is an agent of the customer;
g. third party affiliates for administrative
purposes (for example, customer billing,
marketing, etc.); and
h. any other third party, upon receiving
the consent of the customer or as required
by law.
Such disclosures may in some
cases be to recipients outside of Canada
and the United States.
5.3 Personal information may
also be disclosed in connection with a sale,
transfer or reorganization of one or more
of Axagen Telecom's businesses, in which
case Axagen Telecom will require that any
personal information will continue to be
treated in accordance with this Privacy
Policy or as otherwise permitted by law.
5.4 Axagen Telecom will retain
personal information that has been used
to make a decision about an individual long
enough to allow the individual access to
the information after the decision has been
made, and, in the event of an access request
or a challenge, long enough to exhaust any
recourse an individual may have under the
law.
PRINCIPLE #6 —
ACCURACY
Personal information will be updated
as necessary for the purposes for which
it is to be collected and used.
6.1 The extent to which personal
information will be updated will depend
upon the use of the information, taking
into account the interests of the individual.
Information will be sufficiently accurate,
complete, and up-to-date to minimize the
possibility that inappropriate information
may be used to make a decision about the
individual.
6.2 Axagen Telecom will not
routinely update personal information unless
such a process is necessary to fulfill the
purposes for which the information was collected.
6.3 Personal information that
is used on an ongoing basis, including information
that is disclosed to third parties, will
generally be accurate and up-to-date to
the best of Axagen Telecom's knowledge,
unless limits to the requirement for accuracy
are clearly set out.
PRINCIPLE #7 —
SAFEGUARDS
Axagen Telecom will use reasonable
efforts to protect personal information
by security safeguards appropriate to the
sensitivity of the information.
7.1 Axagen Telecom has invested
and deployed a wide variety of technology
and security features to ensure the privacy
of personal and anonymous information on
its network. In addition, Axagen Telecom
has implemented strict operations guidelines
to safeguard customer privacy at every level
of its organization. Axagen Telecom will
continue to revise policies and implement
additional security features as new technologies
become available. Unfortunately, no system
is perfect; therefore, Axagen Telecom makes
no representations or warranties with regard
to the sufficiency of these security measures.
Axagen Telecom shall not be responsible
for any actual or consequential damages
(or any other damages or liability of any
kind whatsoever, whether as a result of
negligence or otherwise) that result from
a lapse in compliance with this Policy because
of a security breach or technical malfunction.
7.2 Axagen Telecom protects
all personal information regardless of the
format in which it is held. The methods
of protection include:
a. physical measures, such
as locked filing cabinets and restricted
access to offices;
b. organizational measures, such as security
clearances and limiting access on a "need
to know" basis;
c. technological measures, such as the use
of passwords and encryption.
7.3 Axagen Telecom makes their
employees aware of the importance of maintaining
the confidentiality of personal information.
AXAGEN Telecom employees are governed by
non-disclosure obligations. These obligations
prohibit disclosure or use of any confidential
or personal information except in accordance
with this Privacy Policy.
PRINCIPLE #8 —
OPENNESS
Axagen Telecom will, upon written
request, make readily available to individuals
specific information about its policies
and practices relating to the management
of personal information, other than confidential
commercial information.
8.1 Axagen Telecom will make
its policies and practices with respect
to the management of personal information
comprehensible and accessible, by providing
upon request:
a. the name, title, and address
of the Privacy Officer accountable for Axagen
Telecom's policies and practices and to
whom complaints or inquiries can be forwarded;
b. the means by which an individual can
gain access to his or her personal information
held by Axagen Telecom; and
c. a description of the type of information
held by Axagen Telecom and/or its subsidiaries,
including a general account of its use.
8.2 Axagen Telecom will make
this Privacy Policy available online at
its website.
PRINCIPLE #9 —
INDIVIDUAL ACCESS
Upon written request, an individual
will be informed of the existence, use,
and disclosure of his or her personal information
and will be given access to that information.
An individual will be able to challenge
the accuracy and completeness of the information
and have it amended as appropriate.
9.1 Upon written request,
Axagen Telecom will inform an individual
whether or not the organization holds personal
information about that individual, and will
provide that individual with a reasonable
opportunity to review the personal information
in his or her file.
9.2 Axagen Telecom will allow
the individual access to his or her personal
information once the individual has provided
Axagen Telecom with a written request application.
The application will include sufficient
information to permit Axagen Telecom to
provide an account of the existence, use,
and disclosure to any third parties of this
personal information. Axagen Telecom will
use the application only for this purpose.
9.3 Axagen Telecom will respond
to an individual's written request within
30 days, unless this period is extended
in accordance with applicable legislation,
in which case notice will be sent to the
individual within 30 days regarding the
extension, the reasons for it and the individual's
rights in connection with it. Axagen Telecom
will assist any individual who informs it
that they need assistance in preparing a
request. While the response will typically
be provided at no cost to the individual,
depending on the nature of the request and
the amount of information involved, Axagen
Telecom reserves the right to impose a cost.
In these circumstances, Axagen Telecom will
inform the individual of the approximate
cost to provide the response and proceed
upon payment. The requested information
will be provided or made available in a
form that is generally understandable.
9.4 Axagen Telecom will be
as specific as possible in providing an
account of third parties to which it has
disclosed personal information about an
individual. When it is not possible to provide
a list of the organizations to which it
has actually disclosed information about
an individual, Axagen Telecom will provide
a list of organizations to which it may
have disclosed information about the individual.
9.5 In certain instances,
Axagen Telecom will not be able to provide
the individual access to his or her personal
information. Where permitted, the reasons
for denying access will be provided to the
individual. This will be done upon the individual's
request, unless Axagen Telecom is required
by law to provide such written reasons.
Exceptions to the grant of an access request
may include: information that contains references
to other individuals or contains confidential
commercial information, where such information
cannot be severed from the record; information
protected by solicitor-client privilege;
information properly collected without the
knowledge or consent of the individual for
purposes related to investigating a breach
of an agreement or a contravention of law;
information generated in the course of a
formal dispute resolution process; and as
required or permitted by law.
9.6 When an individual successfully
demonstrates the inaccuracy or incompleteness
of personal information, Axagen Telecom
will amend the information as required.
Depending upon the nature of the information
challenged, amendment may involve the correction,
deletion or addition of information. Where
appropriate, the amended information will
be transmitted to third parties having access
to the information in question.
9.7 When a challenge is not
resolved to the satisfaction of the individual,
Axagen Telecom will record the substance
of the unresolved challenge. When appropriate
in Axagen Telecom's judgment, the unresolved
challenge will be transmitted to third parties
having access to the information in question.
PRINCIPLE #10 —
CHALLENGING COMPLIANCE
An individual will be able to address
a challenge concerning compliance with the
above principles to Axagen Telecom's Privacy
Officer.
10.1 Axagen Telecom will maintain
procedures to receive and respond to complaints
or inquiries about its policies and practices
relating to the handling of personal information.
10.2 Axagen Telecom will inform
individuals who make inquiries or lodge
complaints of the existence of relevant
complaint procedures.
10.3 The person or persons
accountable for compliance with this Privacy
Policy may seek external advice where appropriate
before providing a final response to individual
complaints.
10.4 Axagen Telecom will investigate
all complaints. If a complaint is found
to be justified, Axagen Telecom will take
appropriate measures, including, if necessary,
amending its policies and practices.
Effective Date
This Privacy Policy may be modified
from time to time without notice. This policy
was last updated on July 15, 2008.
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