APPLICATION OF THIS POLICY
Xystems Enterprises Limited (XEL) recognizes the importance of privacy and the sensitivity of Personal Information (as defined below). XEL believes in protecting your privacy. This policy outlines how we manage your Personal Information and safeguard your privacy. By providing Personal information to us, you agree to the terms of this policy. However, we are committed to continuous improvement and value your input. We welcome your comments and/or suggestions on improving this policy. If you have any concerns, please write to our Privacy Officer at the address in this policy under the caption “Need More Information?” This policy does not apply to the practices of companies or other entities that XEL does not manage or control. This policy does not apply to information regarding corporations or other non-individuals.
The following definitions are used solely for the purposes of this policy: ”Contact Information” means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual, but does not mean information that is collected via a XEL Website or Online service about an individual consumer who is a resident of California. ”Personal Information” means information about an identifiable individual, excluding Contact Information, and includes things such as gender, age, ethnicity, financial and credit information, health information, consumer preference information, customer profiles, ID numbers, and any other data assigned to an individual. ”Summarized Data” means records which have been stripped of information identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information.
COLLECTION OF PERSONAL INFORMATION
This policy covers our treatment of Personal Information that we collect, either through communications or interaction we may have with you (such as e-mails, telephone conversations, face-to-face, written correspondence, signing the visitors log in our office premises, or through our website). This policy also covers our treatment of any information shared with us by third parties. Sometimes we may collect Personal Information about you from other sources, provided that such sources confirm to us that they are permitted to share such information, such information is publicly available or the collection is required or authorized by law. Examples of collection from other sources include collections from:
- a government agency or registry;
- a business, trade, or professional organization;
- your accountant;
- an employment agency or your current or previous employer.
USE OF PERSONAL INFORMATION
XEL may collect and use your Personal Information for the following purposes:
- to administer and build your XEL account;
- to market new services and products that we believe will be of interest to you;
- to collect a debt owed to XEL or its agents; or to pay a debt owed by XEL;
- to help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering;
- to help us make a decision with respect to employment or an appointment with XEL
- to identify you if you visit our office premises; and
- as required or authorized by law.
DISCLOSURE OF PERSONAL INFORMATION
XEL does not and will not sell, rent, share or disclose your Personal Information without first receiving your permission or as disclosed in this policy. Under certain circumstances, XEL will disclose your Personal Information:
- when you have consented to the disclosure;
- to fulfill the purpose for which the Personal Information was collected;
- when the services we are providing to you require us to give information to third parties, for example: providing government-assigned identification numbers to customs brokers or other third parties responsible for processing customs clearance for shipments;
- if we engage a third party to provide services to us (such as payroll processing, computer back-up services, archival file storage, customer relationship management, advertising distribution) and the third party is bound by confidentiality obligations;
- to relay an opt-out request to third-party marketing agency (see “Opting Out ” below);
- where it is necessary to collect a debt owed to XEL or its agents, or to pay a debt owed by XEL;
- to respond to an emergency where the health or safety of any individual is reasonably believed to be threatened;
- if the information is already publicly known; and
- when we are required or authorized by law to do so.
Except when we are required by law to disclose Personal Information, where commercially practicable we will use contractual or other arrangements to protect Personal Information disclosed to third parties.
We may also use your Personal Information to generate Summarized Data for internal use and for sharing with affiliates, subsidiaries, advertisers and business partners. Your identity and Personal Information will be kept anonymous in Summarized Data. Summarized Data will be used for marketing and planning purposes.
By providing Personal Information to us, you voluntarily consent to the collection, use and disclosure of Personal Information as specified in this policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances, in which case we may ask for your consent in writing although in some circumstances we may accept your oral consent. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. In addition, we may collect, use and disclose Personal Information without your consent when we are required or authorized by law to do so.
WITHDRAWAL OF CONSENT
Individuals have the right to withdraw their consent to the collection, use, or disclosure of Personal Information at any time, except where that withdrawal would frustrate the performance of a legal obligation by XEL. Upon reasonable written notice given to XEL (address to Privacy Officer at the address in this policy under the caption “Need More Information?”) all Personal Information held by XEL that is identifiable to that individual will be removed from our records and a notice of the impact of that removal will be provided to the individual. Notwithstanding the foregoing, if you withdraw consent, XEL nonetheless reserves the right to retain, collect, use and disclose Personal Information without your consent where we are permitted or required by law to do so.
You may wish to opt out of receiving certain information or marketing and promotional material distributed by XEL. You may do so by selecting the opt-out or unsubscribe feature in our Online communications including our online newsletter and product updates, or by writing to XEL’s Privacy Officer at the address in this policy under the caption “Need More Information?”
From time to time, XEL may engage a third-party marketing agency to distribute advertisements to consumers who have expressed an interest in receiving such material. For this purpose, the marketing agency may use its own distribution list. This list is not under XEL’s control and may not be shared with XEL. While XEL takes steps to ensure that the marketing agency lists only individuals who have provided their informed consent for the marketing purpose, it is possible that the individual may desire to opt-out from receiving further XEL advertisements. In this case, the individual may send his/her opt-out request in writing to XEL’s Privacy Officer (at the address noted above), providing enough detail to enable the requester’s identity to be confirmed. Upon confirming the identity of the requester, XEL will relay the opt-out request to the marketing agency in question. In such a case, however, the requester should be aware that his/her opt-out request could cause the marketing agency to cease all further advertising distributions to him/her. This could result in the requester not receiving material or information that might be of financial or other benefit from other organizations that also employ the same agency. In relaying an opt-out request to a third-party marketing agency, XEL therefore accepts no responsibility for any consequences to the requester arising from the actions of the agency.
ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Individuals have the right to know what Personal Information XEL has collected about them, how that information is being used and to whom it has been disclosed, as well as to verify and amend that information if it is incorrect. An individual may make an access/correction request by writing to XEL’s Privacy Officer at the address in this policy under the caption “Need More Information?” Upon receiving the written request and a processing fee of US$10.00, and where the identity of the requester can be confirmed, information held by XEL that is identifiable to the requester, as well as information on all use and disclosures of that information, will normally be released to the requester within 30 days, except where that release is not required or is prohibited by law. If necessary, XEL will correct the Personal Information if requested to do so. Where an access/correction request requires more extensive treatment, we will advise the requester of the approximate cost of responding to the request. The requester should provide enough detail to enable XEL to confirm his/her identity.
CAN I BE DENIED ACCESS TO MY PERSONAL INFORMATION?
rights to access your Personal Information are not absolute. We may deny access:
- when denial of access is required or authorized by law;
- when granting you access would have an unreasonable impact on other people’s privacy;
- to protect our firm’s rights and property; or
- where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct Personal Information, we will explain why.
Like most other commercial websites, our website may monitor traffic patterns, site usage and related site information. We may automatically (i.e., not via registration) collect or compile certain information when you access the website. Examples of this type of information include the aggregate and unique number of visitors to the website, the dates and times of visits to the website, IP addresses and the domains/countries of visitors, the pages of the website visited and the content accessed, the type and version of the browser and operating system used to access the site, search engine and search terms used within the website or to visit the website, referring sites, and HTTP errors generated. We use this information in order to assess the usage of our website and our marketing efforts, to optimize our website, and to monitor our site’s performance. We may provide such information to our website contractors for these purposes.
RETENTION OF CONTACT INFORMATION AND PERSONAL INFORMATION
Personal Information will be retained in accordance with this policy only for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time it will be made anonymous or destroyed unless you further consent to its continued retention.
This policy will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. This policy constitutes and contains the entire agreement between you and XEL with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.
YOUR RESPONSIBILITY FOR PRIVACY
Ultimately, you are responsible for maintaining the secrecy of your passwords and/or any Personal Information in your possession. Always be careful and responsible regarding your Personal Information.
NEED MORE INFORMATION
Should you have any further questions or concerns about the privacy of personal information at XEL, please feel free to write to: Privacy Officer, XEL, Suite 56021, 1st avenue east, Vancouver, BC, V5L 5E2