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winphone (Winphone)
At Winphone, we respect our customers' privacy. That is why we have adopted the Canadian Standards
Association's "Model Code for the Protection of Personal Information" (the "CSA Model Code") as the
basis for our own Privacy Policy. The following are principles that govern the collection, use and
disclosure of our customers' personal information:
Why we collect personal information
If you are a Winphone customer, Winphone has some basic information about you. We understand
that some of this information is private, which is why we collect personal information only for the following
purposes:
1. To establish and maintain a responsible commercial relationship with you and to provide ongoing
service. For example, when you apply for service, we collect information that allows us to confirm your
identity and credit history so that we can accurately bill and collect for the products and services that you
receive from us. We may collect credit card or bank account information, if you prefer the convenience of
pre-authorized payment for services.
2. To understand your needs and preferences. We maintain a record of the products and services you
receive from us, and we may ask for additional information so that we can serve you better. For example,
we will ask for your e-mail address, if you wish to pay your bills electronically.
3. To develop, enhance, market or provide products and services. For example, we look at how our
customers use our products and services, so that we can understand how to improve them. From time to
time, we may review and analyze your use of our products and services to help us provide better product
recommendations and special offers that we think will interest you.
4. To manage and develop our business and operations. For example, we analyze customer usage of
our networks and facilities to help us manage them efficiently and plan for future growth.
5. To meet legal and regulatory requirements. For example, we may collect information in response to a
court order, or to satisfy a request by the Canadian Radio-television and Telecommunications
Commission (the "CRTC") for information about a customer complaint and how it was resolved.When do we disclose personal information?
There is a variety of circumstances where we may need to disclose some personal information about our
customers. Here are some examples:
1. We may disclose a customer's personal information to a person who, in the reasonable judgement of
Winphone, is seeking the information as an agent of the customer. For example, we may provide
information about a customer's account to the customer's legal representative if we are satisfied that that
individual is requesting the information on behalf of the customer.
2. Customer information may be shared among winphone (Winphone) business units to help us serve our
customers better and to provide them with services from different parts of our organization.
3. We may disclose a customer's personal information to:
1. another telecommunications company for the efficient and cost-effective provision of telecommunications services;
2. a company involved in supplying the customer with communications or communications directory
related services;
3. a company or individual employed by Winphone to perform functions on its behalf, such as
research or data processing; or
4. an agent used by Winphone to evaluate the customer's credit worthiness or to collect the
customer's account. Any such disclosure of a customer's personal information outside of Winphone is made on a
confidential basis with the information to be used only for the purpose for which it was disclosed.
4. We may disclose a customer's personal information to a credit reporting agency.
5. We may disclose a customer's personal information to a public authority or agent of a public authority,
if in the reasonable judgement of Winphone, it appears that there is imminent danger to life or property
which could be avoided or minimized by disclosure of the information.
6. In conjunction with special offers or programs, we may disclose customers' personal information to
our program partners, or to third-party agents responsible for administering such offers or programs. Any
such disclosure is made on a confidential basis with the customer's express consent.
How do we protect your personal information?
In order to protect your personal information and your right to privacy, Winphone:
1. will not collect, use or disclose your personal information for any purpose other than those identified
above, except with your consent;
2. will protect your personal information with appropriate security safeguards;
3. will protect the confidentiality of your personal information when dealing with other companies;
4. will strive to keep your personal information as accurate and up-to-date as is necessary for the
purposes identified above; and
5. will honour any request you may make for access to your personal information.
What are your choices?
We would like to have your consent to continue to collect, use and disclose your personal information for
the purposes identified above. However, you do have choices and can refuse or withdraw your consent as
follows:
1. You may have your name removed from our telephone, mail or e-mail marketing lists. We use these
lists to inform you of relevant products, services and special offers that may be of benefit to you.
2. Telephone directory publisher such as, YellowPages™, makes available lists of published names,
addresses and phone numbers to selected organizations for a fee. You may choose to be excluded from
these lists (non-published names, addresses and phone numbers are automatically excluded).
3. You may refuse to provide personal information to us. You may also withdraw your consent at any
time, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may
limit our ability to serve you.
If you have any questions or concerns about our privacy practices, please feel free to contact us.
Otherwise, we will assume that we have your consent to continue to collect, use and disclose your
personal information for the purposes identified above.
Privacy Policy
This Policy describes Winphone's collection, use and/or disclosure of personal information. It governs
the behavior of employees and agents acting on Winphone's behalf when dealing with personal
information. It provides procedures for an individual's access to and correction of personal information.
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.
Personal information does not include the name, title, address and telephone number of an employee of
an organization.
The Winphone Privacy Policy is organized along ten privacy principles, which are:
1. Accountability
2. Identifying Purposes
3. Consent
4. Limiting Collection
5. Limiting Use, Disclosure and Retention
6. Accuracy
7. Safeguards
8. Openness
9. Individual Access
10. Challenging Compliance
PRINCIPLE #1 -- ACCOUNTABILITY
Winphone 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 Winphone's compliance with the principles rests with the senior management of
Winphone 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 Winphone's senior management has designated the following person to act as Privacy Officer to
oversee the organization's compliance with the principles:
Attention:
Privacy Officer
1.3 Winphone is responsible for personal information in its possession or custody, including information
that has been transferred to a third party for processing. Winphone 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 Winphone will implement policies and practices to give effect to the 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 Winphone's policies and practices; and
(d) developing information to explain Winphone's policies and procedures.
PRINCIPLE #2 - IDENTIFYING PURPOSES
Winphone will identify the purposes for which personal information is collected at or before the time the
information is collected.
2.1 Winphone 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 identify customer needs and/or preferences;
(d) to meet legal and regulatory requirements;
(e) to administer and manage its business operations
2.2 Winphone will provide notice of the identified purposes either orally, electronically or writing prior to
or at the time of collection of the personal information.
2.3 Persons collecting personal information will be able to explain to individuals the purposes for which the
information is being collected, or will refer the individual to a designated person at Winphone who will
explain the purposes.
2.4 When personal information that 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, Digital
Voice will obtain the consent of the individual before information is used for that new purpose.
Occasionally, Winphone will communicate to you special bonus and new product offers that we think
may be of value to you. If you wish to opt-out of receiving targeted communications from Winphone in
electronic, printed or verbal format (other than information included with your monthly bills), simply inform
us in writing at Privacy Office, 270 - 4611 Viking Way, Richmond, BC V6V 2K9
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, legal, medical or security reasons may make it
impossible or impractical to seek consent. When information is being collected for the detection and
prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose
of collecting the information. Seeking consent may be impossible or inappropriate when there is an
emergency threatening the individual's life, health or security, or where the individual is a minor, seriously
ill, or mentally incapacitated. In other instances, information may be publicly available. Moreover, Digital
Voice may provide personal information to its lawyer or agent to collect a debt, comply with a subpoena,
warrant or other court order, government institution requesting the information upon lawful authority, or as
may be otherwise required by law.
3.2 Winphone 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 Winphone wants to use information
for a purpose not previously identified).
3.3 Winphone 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 Winphone 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 fulfil the explicitly
specified and legitimate purposes.
3.5 The form of consent sought by Winphone may vary, depending upon the circumstances and the
type of information disclosed. In determining the form of consent to use, Winphone will take into account
the sensitivity of the information and the reasonable expectations of the individual. An authorized
representative (such as a legal guardian or a person having power of attorney) can also give consent.
Winphone 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. The use of services or
products by a customer or the acceptance of employment by an employee will be considered implied
consent to collect, use and disclose personal information for all identified purposes.
3.6 An individual may withdraw consent at any time, subject to legal or contractual restrictions and
reasonable notice. Winphone will inform the individual of the implications of such withdrawal. In order to
withdraw consent, an individual must provide notice to Winphone in writing.
3.7 With respect to personal information already collected by Winphone prior to the publication of this
Privacy Policy, this Policy will constitute reasonable notice to Winphone's current customers and
employees 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
Winphone in writing.
PRINCIPLE #4 - LIMITING COLLECTION
The collection of personal information will be limited to that which is necessary for the purposes identified
by Winphone. Information will be collected by fair and lawful means.
4.1 Winphone collects personal information from its customers and employees for the purposes
described under Principle #2.
4.2 Winphone 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 In connection with its Internet business, Winphone may use a 'Cookie' to collect certain information
which it uses to track user patterns on its web site(s). A Cookie is a text file containing a unique
identification number that identifies a user's browser, but not a particular individual. A Cookie does not
identify an individual. Furthermore, Winphone does not use Cookies in combination with other
information to obtain personally identifiable information. If an individual does not wish to use Cookies, he or
she can re-set their browser to either provide notification or refuse to accept Cookies.
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 required by law. Personal information will be
retained only as long as necessary for the fulfillment of those purposes.
5.1 Winphone 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 Winphone may disclose a customer's personal information to:
(a) another telecommunication company for the provision of telecommunications 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 Winphone services;
(d) a credit collections agency;
(e) emergency services in an emergency situation;
(f) a person, who, in the reasonable estimation of Winphone, is an agent of the customer;
(g) any other third party, upon receiving the consent of the customer or as required by law.
5.3 Winphone may disclose an employee's personal information in the following circumstances:
(a) in the administration of that employee's benefits;
(b) in providing references to prospective employers, upon receiving the consent of the employee;
(c) as may be required by law.
5.4 Certain Winphone employees may be given access to customer and/or employee information in so
far as their duties require access for business purposes. Winphone employees are governed by a non-
disclosure agreement prohibiting disclosure or use of any confidential or personal information for any
purposes other than the stated business purposes.
5.5 Winphone will retain personal information for only as long as required to fulfil the identified purposes
or as required by law.
5.6 Personal information that is no longer required to fulfil the identified purposes will be destroyed, erased
or made anonymous according to the guidelines and procedures established by Winphone.
PRINCIPLE #6 - ACCURACY
Personal information will be as accurate, complete, and up-to-date as is necessary for the purposes for
which it is to be used.
6.1 The extent to which personal information will be accurate, complete, and up-to-date 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 Winphone will not routinely update personal information unless such a process is necessary to fulfil
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, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are
clearly set out.
PRINCIPLE #7 - SAFEGUARDS
Personal information will be protected by security safeguards appropriate to the sensitivity of the
information.
7.1 Winphone will protect personal information against loss or theft, as well as unauthorized access,
disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the
sensitivity of the information that has been collected, the amount, distribution and format of the information,
and the method of storage.
7.2 Winphone 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 Winphone makes their employees aware of the importance of maintaining the confidentiality of
personal information. Winphone employees are governed by a non-disclosure agreement prohibiting
disclosure or use of any confidential or personal information for any purposes other than the stated
business purposes.
7.4 Winphone will use care in the disposal or destruction of personal information to prevent
unauthorized parties from gaining access to the information.
PRINCIPLE #8 - OPENNESS
Winphone will make readily available to individuals specific information about its policies and practices
relating to the management of personal information.
8.1 Winphone will make its policies and practices with respect to the management of personal
information easily comprehensible and accessible, by providing upon request:
(a) the name, title, and address of the Privacy Officer accountable for Winphone's policies and
practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by Winphone; and
(c) a description of the type of information held by Winphone and/or its subsidiaries, including a general
account of its use.
8.2 Winphone will make this Privacy Policy available online, by mail, or in a brochure format at its place
of business. Furthermore, Winphone's Customer Services Representatives will be trained to answer
requests at Winphone's toll-free customer service telephone number.
PRINCIPLE #9 - INDIVIDUAL ACCESS
Upon 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 request, Winphone will inform an individual whether or not the organization holds personal
information about the individual, and will provide that individual with a reasonable opportunity to review the
personal information in his or her file.
9.2 Winphone will allow the individual access to his or her personal information once the individual has
provided Winphone with a written request application. Winphone will make the application available to
customers through Customer Service Representatives and to employees through the Human Resources
Department. The application will include sufficient information to permit Winphone to provide an account
of the existence, use, and disclosure to any third parties of this personal information. Winphone will use
the application only for this purpose.
9.3 Winphone will respond to an application for individual access to personal information within a
reasonable time and at minimal or no cost to the individual. The requested information will be provided or
made available in a form that is generally understandable.
9.4 Winphone 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, Winphone will provide a
list of organizations to which it may have disclosed information about the individual.
9.5 In certain instances, Winphone will not be able to provide the individual access to his or her personal
information. For example, Winphone will not provide access to information where the information
requested is prohibitively costly to provide; where the information contains references to other individuals;
where the information cannot be disclosed for legal, security or commercial proprietary reasons; where
the information is subject to solicitor-client or litigation privilege; or where the information can best be
available from another source (for example, through a medical practitioner). In each case, Winphone will
provide reasons for denying any access to personal information.
9.6 When an individual successfully demonstrates the inaccuracy or incompleteness of personal
information, Winphone will amend the information as required. Depending upon the nature of the
information challenged, amendment involves 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, Winphone will record the
substance of the unresolved challenge. When appropriate, the existence of 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 Digital
Voice's Privacy Officer.
10.1 Winphone will maintain procedures to receive and respond to complaints or inquiries about its
policies and practices relating to the handling of personal information. Winphone will make every effort to
ensure that its procedures are easily accessible and simple to use.
10.2 Winphone 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 Winphone will investigate all complaints. If a complaint is found to be justified, Winphone will take
appropriate measures, including, if necessary, amending its policies and practices.
The Personal Information Protection and Electronic Documents Act governs the collection, use and
disclosure of personal information in the commercial sector.
Under the Act, Winphone is required to adhere to ten privacy principles set out in the National Standard
of Canada, Model Code for the Protection of Personal Information.
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