Telcan Inc. provides a broad range of telecommunications services to customers, including Internet access, Local and Long Distance services and Prepaid Mobile Recharge services in Canada.
Telcan Inc. (as defined in Part IV below) is committed to maintaining the privacy, confidentiality, security and accuracy of customer and employee personal information.
Collection - the act of gathering, acquiring, recording or otherwise obtaining any personal information from any source, including third parties, by any means.
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 Telcan Inc. 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, Telcan Inc.’s products or services or otherwise provides personal information to Telcan Inc. in the course of Telcan Inc.’s commercial activities.
Disclosure – the act of making personal information available to a third party.
Employee - an employee of Telcan Inc.
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 Telcan Inc.
Use - the treatment, handling, and management of personal information by Telcan Inc.
Telcan Inc. is responsible for all personal information under their control and shall designate one or more persons who are accountable for compliance with the following principles.
1.3 Telcan Inc. is responsible for all personal information in their possession or control, including information that has been transferred to a third party for processing. Telcan Inc. shall use appropriate means to provide a comparable level of protection while information is being processed by a third party (see Principle 7).
Telcan Inc. shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 Telcan Inc. shall collect personal information only for the following purposes:
Further references to "identified purposes" mean the purposes identified in this Principle 2.1.
2.2 Telcan Inc. 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 Telcan Inc. who shall explain the purposes.
2.3 Unless required by law, Telcan Inc. 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.
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, Telcan Inc. 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.
Telcan Inc. 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 federal or provincial law.
Telcan Inc. 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.
Telcan Inc. may disclose personal information without knowledge or consent to a lawyer representing Telcan Inc., 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, Telcan Inc. 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, Telcan Inc. shall seek consent to use and disclose personal information at the same time they collect the information. However, Telcan Inc. 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 Telcan Inc. 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, Telcan may collect customers’ IP address, MAC address, and router settings from routers connected to Telcan’s network for the purpose of providing ongoing service. Telcan uses this data to routinely monitor and manage end-users’ connectivity and performance on Telcan’s network.
3.5 In determining the appropriate form of consent, Telcan Inc. shall take into account the sensitivity of the personal information and the reasonable expectations of its 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 Telcan Inc. 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 Telcan Inc. for more information regarding the implications of withdrawing consent.
Telcan Inc. shall limit the collection of personal information to that which is necessary for the purposes identified. Telcan Inc. shall collect personal information by fair and lawful means.
4.1 Telcan Inc. collects personal information primarily from its customers or employees.
4.2 Telcan Inc. 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.\
Telcan Inc. 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. Telcan Inc. 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 Telcan Inc. 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.
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, Telcan Inc. may disclose a customer's personal information to:
5.4 Telcan Inc. may disclose personal information about their employees:
5.5 Only those employees of Telcan Inc. who require access for business reasons, or whose duties reasonably so require, are granted access to personal information about customers and employees.
5.6 Telcan Inc. 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, Telcan Inc. 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 Telcan Inc. 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.
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 Telcan Inc. 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 Telcan Inc. shall update personal information about customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
Telcan Inc. shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1 Telcan Inc. shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. Telcan Inc. shall protect the information regardless of the format in which it is held.
7.2 Telcan Inc. 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 Telcan Inc. with access to personal information shall be required as a condition of employment to respect the confidentiality of personal information.
Telcan Inc. shall make readily available to customers and employees specific information about their policies and practices relating to the management of personal information.
8.1 Telcan Inc. shall make information about their policies and practices easy to understand, including:
8.2 Telcan Inc. 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 Telcan Inc.
Telcan Inc. 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, Telcan Inc. 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, Telcan Inc. may not be able to provide access to all of the personal information that they hold about a customer or employee. For example, Telcan Inc. 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, Telcan Inc. 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, Telcan Inc. shall provide the reasons for denying access upon request.
9.3 Upon request, Telcan Inc. 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, Telcan Inc. 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 Telcan Inc. 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 Telcan Inc. 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, Telcan Inc. 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 1.888.835.2268, or by sending an email containing such a request in English or French to email@example.com.
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 Telcan Inc.
10.1 Telcan Inc. shall maintain procedures for addressing and responding to all inquiries or complaints from their customers and employees about Telcan Inc.’s handling of personal information.
10.2 Telcan Inc. shall inform its 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:
2800 Skymark Ave
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.