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.
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;
- 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.
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.
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.
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.
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;
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
12. HOW ILAP COLLECTS PERSONAL INFORMATION
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.
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.
ILAP does not attempt to track your identity or use of the website using cookies or any other mechanism.
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.
We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
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.
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.
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.
This Web site contains links to other sites. Please be aware that ILAP 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 FLO web site.