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PRIVACY POLICY

 

XERC Inc. (XERC) is committed to protecting the privacy of its clients and employees and the privacy of their personal information. We will do so through the responsible collection, use and disclosure of personal information according to the principles outlined in this Privacy Policy and the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

1. APPLICATION AND SCOPE

 1.1 XERCs Privacy Policy applies to its management, collection, use and disclosure of Personal Information about its customers, potential customers, employees and non-employed persons, including consultants and independent contractors, who interact with XERC and the products and services that it provides.

 1.2 The application of this Privacy Policy is subject to requirements or provisions of any applicable legislation, regulation or agreement or the order of any court or other lawful authority.

 2.DEFINITIONS

 (1) Identified Purposes means those purposes as set out in section 4.2 and 4.3 of this Privacy Policy.

 (2) Person means an individual, corporation, partnership, organization, or any legal entity that (i) is an employee of XERC; (ii) works with XERC as a consultant, contractor or otherwise; (iii) corresponds with XERC; or (iv) uses, or applies to use, the products or services of XERC.

 (3) Personal Information means information that personally identifies an individual such as age, name, address, ID numbers, sex, ethnic origin, social status, opinions, personal records or activities. Personal Information does not include (i) information that is publicly available, such as name, telephone number or address when listed in a public directory; (ii) business contact information, such as a name, title or business address or business phone number of an employee of an organization; (iii) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or (iv) aggregate information that cannot be associated with a specific person, such as demographic statistics about XERC customers.

 3. ACCOUNTABILITY

 3.1 XERC is responsible and accountable for all Personal Information in its possession and control and shall use appropriate means to manage the Personal Information in its possession and control.

 3.2 XERC shall implement policies and procedures to give effect to its Privacy Policy, including:
(a) implementing procedures to protect Personal Information and to oversee XERCs compliance with its Privacy Policy and the PIPEDA; (b) designating a Privacy Officer who is accountable for XERCs compliance with its Privacy Policy and the PIPEDA; (c) establishing procedures to receive and respond to inquiries or complaints with regard to XERCs privacy policies and procedures; (d) training or communicating to XERC staff about its Privacy Policy and privacy procedures; and (e) developing a written privacy policy to explain XERCs privacy policies and procedures.

 4. IDENTIFYING PURPOSES FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

 4.1 XERC provides consulting in XERC methodologies for eliminating defects, waste or quality control problems in manufacturing, service, delivery, management or other Business activities.

 4.2 XERC has collected and collects Personal Information primarily for the following purposes:
(a) to establish and maintain responsible business relations with employees, customers and other persons and to provide ongoing services; (b) to understand persons needs; (c) to develop, enhance, market or provide products and services to its customers and potential customers; (d) to manage and develop its business and operations, including its relationship with consultants, contractors and other personnel and employment matters; and (e) to meet legal and regulatory requirements.

 4.3 Upon request and at or before the time Personal Information is collected, those employees and persons collecting the Personal Information on behalf of XERC shall explain and identify the purposes for which the Personal Information is being collected, used or disclosed or shall advise of the name and contact  information of a Privacy Officer to explain and identify the purposes.

 4.4 Unless required by law, XERC will not collect, use or disclose Personal Information in its possession and control for any other purposes then those Identified Purposes without first identifying the new purpose and obtaining the proper consent.

 5. OBTAINING CONSENT

 5.1 The knowledge and consent of each person is required for the collection, use and disclosure of Personal Information.

 5.2 Generally, XERC shall obtain consent to collect, use or disclose Personal Information at the same time XERC collects the information. However, XERC may seek consent to use or disclose the Personal Information after it has been collected, but before it is used or disclosed.

 5.3 In obtaining consent, XERC shall use reasonable efforts to ensure that a person is advised of the purposes for which the Personal Information is being collected, used or disclosed and XERC shall be clear and use language that can be reasonably understood by the person when obtaining consent.

 5.4 A person is deemed to have consented to the collection, use or disclosure of his/her/its Personal Information for any Identified Purpose on the happening of:
(a) The person voluntarily providing Personal Information directly to XERC for the purpose of inquiring into or obtaining XERCs products or services; (b) The person provides express written consent in executing a consulting agreement with XERC; (c) The person provides express written consent solicited for a specific purpose; or (d) The person uses the products or services provided by XERC.

 5.5 A person may withdraw consent at any time subject to legal and contractual restrictions and reasonable notice. A person may contact XERC or a Privacy Officer for more information with regard to the consequences, implications and procedures of withdrawing consent.

 5.6 XERC may collect, use or disclose Personal Information without a persons knowledge or consent if:
(a) doing so is clearly in the best interests of the person and consent cannot be obtained in a timely manner, such as when the person is a minor, seriously ill or mentally incapacitated; (b) seeking consent might defeat the purpose of collecting, using or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law or regulation; (c) it becomes necessary in the case of an emergency where the life, health or security of an individual or property is threatened; (d) if it is necessary in order to collect an account receivable or a debt; or (e) if it is necessary in order to comply with a warrant, subpoena, or court order or to comply with other legal or regulatory requirements.

 6. LIMITING COLLECTION OF PERSONAL INFORMATION

 6.1 XERC shall limit the collection of Personal Information to that which is necessary for the Identified Purposes and shall only collect Personal Information by fair and lawful means.

 6.2 Generally, XERC collects Personal Information directly from the person but it may also collect Personal Information from other sources, including, without limitation, employers, agents, representatives, credit bureaus, personal references or other third parties that are authorized or have the right to disclose the Personal Information to XERC.

7. LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION

7.1 XERC shall not use or disclose Personal Information for purposes other than those Identified Purposes except with the consent of the person or as required by law.

7.2 XERC shall retain Personal Information only as long as necessary for the fulfillment of the purpose for which it was collected or as required by law.

7.3 Personal Information may be used, disclosed or retained by those employees, agents, consultants or contractors of XERC who require access to the Personal Information for business reasons or whose duties reasonably so require.

7.4 XERC shall not use or disclose Personal Information to a third party that is not affiliated with or a proper designated representative of XERC unless use or disclosure is in accordance with the Identified Purposes or required by law.

7.5 XERC may be required to disclose Personal Information to third parties that assist in providing XERC products and services, including, without limitation, (i) contractors or technical support technicians or (ii) collection agencies. XERC shall ensure that Personal Information disclosed to third parties shall be in accordance with this Privacy Policy.

7.6 XERC shall maintain reasonable and systematic controls, schedules and practices for Personal Information retention and destruction.

7.7 XERC shall retain Personal Information for as long as necessary to fulfill the purpose for which the Personal Information was collected or as required by law and when retention of Personal Information is no longer necessary or relevant for the Identified Purposes or required by law, XERC shall ensure that the Personal Information is safely and securely destroyed or made anonymous.

8. ACCURACY OF PERSONAL INFORMATION

8.1 XERC shall make every reasonable effort to ensure Personal Information is sufficiently accurate, complete and up-to-date as is necessary to fulfill the specific purposes for which it was collected.

8.2 The accuracy, completeness and currency of the Personal Information is dependent on the person's disclosure of such information to XERC and notification to XERC of any changes.

8.3 A person shall be able to challenge the accuracy and completeness of the Personal Information collected and retained by XERC and have XERC amend it as appropriate upon providing XERC with sufficient evidence to support the change requested. XERC shall promptly correct or complete any Personal Information found to be inaccurate or incomplete and shall notify the person making the request if XERC disagrees with the requested change.

9. SECURITY SAFEGUARDS

9.1 XERC shall take every reasonable precaution, appropriate to the sensitivity of the Personal Information, to protect the Personal Information collected, used and disclosed by XERC.

9.2 XERC shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction through appropriate security measures and shall protect the Personal Information regardless of the format in which it is held.

9.3 XERC 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.

9.4 All employees of XERC with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information collected, used or disclosed by XERC.

10. OPENNESS CONCERNING POLICIES AND PRACTICES

10.1 XERC has prepared this Privacy Policy to keep persons informed and shall make information about its policies and practices relating to management of Personal information readily available to persons.

10.2 XERC shall be open about the purposes for its collection, use and disclosure of Personal Information and shall make information about its policies and practices easy to understand to help persons exercise choices with regard to the use and disclosure of their Personal Information.

10.3 If you have any question or concerns about XERCs Privacy Policy please contact a Privacy Officer for further information.

11. INDIVIDUAL ACCESS TO PERSONAL INFORMATION

11.1 Upon written request, XERC shall inform a person about the existence, content and use of his/her/its Personal Information and afford to the person a reasonable opportunity to review and access the Personal Information. You may send a written request to:

   XERC Privacy Officer
   Client Services
   P.O. Box 3

   Lansdowne, Ontario K0E 1L0
   E-mail: info@xerc.ca

11.2 Personal Information shall be provided to the person in an understandable form within a reasonable amount of time and at minimal or no cost to the person requesting access to the Personal Information.

11.3 XERC may refuse a person's request to access Personal Information in certain situations, including, without limitation, the following:
(a) if providing access would likely reveal Personal Information about a third party; (b) if providing access could reasonably be expected to threaten the life, health or security of another person; (c) if providing access would reveal confidential information; (d) if the Personal Information was collected in relation to the investigation of a breach of an agreement or contravention of a federal or provincial law or regulation; (e) if the Personal Information was collected as part of journalistic, literary or artistic activities; (f) if providing access would be prohibitively costly to XERC; or (g) if the denial to access the Personal Information is related to detection or prevention of fraud.

11.4 If access to Personal Information is denied XERC shall provide reasons for denying access upon request.

11.5 For security reasons, XERC shall require a person to provide sufficient identification information to permit access to Personal Information and any such information shall be used only for this purpose.

12. CHALLENGING XERC'S COMPLIANCE

12.1 XERC shall maintain procedures for addressing and responding to all inquiries or complaints from persons about XERCs management and handling of Personal Information in its possession and control.

12.2 All complaints shall be made in writing address to the Privacy Officer at:

  XERC Privacy Officer
   Client Services
   P.O. Box 3

  Lansdowne, Ontario K0E 1L0
  E-mail: info@xerc.ca

12.3 The Privacy Officer handling the inquiry or complaint may seek external advice where appropriate before providing a final response to the person making the inquiry or complaint.

12.4 XERC shall investigate all complaints concerning compliance with XERC's Privacy Policy. If a complaint is found to be justified, XERC shall take appropriate measures to resolve the complaint, including, if necessary, amending its policies and procedures.

12.5 A person shall be informed of the outcome of the investigation with regard to his/her/its complaint.

13. GENERAL

13.1 This privacy policy is made pursuant to the provisions and principles identified in the Personal Information Protection and Electronic Documents Act and is subject to the provisions thereof as well as to any applicable legislation, regulation or agreement.

13.2 XERC encourages every person to review the PIPEDA for a greater understating of the privacy laws. The PIPEDA can be found at the web site of the Office of the Privacy Commissioner of Canada at www.privcom.gc.ca or by contacting the Office of the Privacy Commissioner of Canada at 112 Kent Street, Ottawa, Ontario K1A 1H3 (1-800-282-1376).

13.3 XERC reserves the right to amend this Privacy Policy from time to time as it deems necessary