Updated October 1, 2022
Throughout Foveo’s interactions with Customers and Employees, we are committed to respecting the privacy, confidentiality and security of Personal Information.
- Identifying purposes for collection of Personal Information
- Obtaining consent for collection, use or disclosure of Personal Information
- Limiting collection of Personal Information
- Limiting use, disclosure and retention of Personal Information
- Accuracy of Personal Information
- Security safeguards
- Openness concerning policies and practices
- Customer and Employee access to Personal Information
- Breach of Security Safeguards
- Challenging compliance
“Breach of Security Safeguards”: means the loss of, unauthorized access to, or unauthorized disclosure of personal information resulting from a breach of Foveo’s security safeguards.
“Business Contact Information”: means any information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession and includes, without limitation, that individual’s:
- Position name or title;
- Work address;
- Work telephone number;
- Work fax number; or
- Work email address.
“Business Transaction”: means a transaction that excludes a business transaction of which the primary purpose or result is the purchase, sale or other acquisition or disposition, or lease of Personal Information and includes:
- the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
- the merger or amalgamation of two or more organizations;
- the making of a loan or provision of other financing to an organization or a part of an organization;
- the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
- the lease or licensing of any of an organization’s assets; and
- any other prescribed arrangement between two or more organizations to conduct a business activity.
“Customer”: means an individual who: (a) has an account with Foveo; (b) subscribes for, uses, has used, or applies to use Foveo products and/or services; (c) corresponds with Foveo; and/or (d) is a Website User.
“Employee”: means an individual who: (a) is an employee of Foveo; and/or (b) is an applicant for employment with Foveo.
“Personal Information”: means information about an identifiable individual, including a Customer or Employee, but does not include aggregated information that cannot be associated with a specific individual.
Personal Information includes, without limitation an individual’s:
- Email address;
- Residential mailing address;
- Birth date;
- Credit and financial information;
- Billing records;
- Foveo service and product records; and
- Recorded complaints.
“Significant harm”: means bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on a person’s credit record and damage to or loss of property.
“Foveo”, “we”, “our”: means Foveo, its parents, subsidiaries, affiliates and their respective officers, directors, agents, suppliers, resellers and distributors.
“Foveo Website”: means a website owned, controlled or managed by Foveo, including the following domain: https://www.foveo.org/.
“Website User”: means a user of Foveo Websites from which Foveo collects Personal Information.
By mail at: Privacy Officer, 2 Mission Inn Grove, Ottawa ON K2R 1C6 Canada
By email at: * [email protected]
By phone at: * 1-877-936-8369
1.2 Foveo is responsible for Personal Information in its possession or control, including information that has been transferred to a third party for processing. Foveo shall use means to provide an appropriate level of protection while information is being processed by a third party (see Principle 7).
- IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
2.1 Foveo shall identify orally, electronically or in writing, the purposes for which Personal Information is collected at or before the time the information is collected. Unless required by law, Foveo 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.
2.2 We collect Personal Information only for the following purposes:
- To establish and maintain a responsible commercial relationship;
- To allow us to provide ongoing services and support;
- To bill for and collect payment for Foveo services and products;
- To manage, develop and market Foveo’s business and operations;
- To manage personnel and employment matters;
- To meet legal and regulatory requirements;
- To obtain credit information or provide it to others; and
- For any other purpose with explicit consent.
- OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
3.1. Foveo requires Customers’ and Employees’ knowledge and consent for the collection, use or disclosure of Personal Information, except in the circumstances described in Sections 3.3 through 3.6 below.
3.2 In general, consent for Foveo to collect, use and disclose Personal Information for all identified purposes in Section 2.2 is obtained in the following circumstances, as applicable: (1) when a Customer applies for Foveo services or products; (2) when a Customer uses Foveo services or products; (3) when an individual submits an application for employment with Foveo; or (4) when an Employee accepts employment or benefits from Foveo. Notwithstanding, Foveo shall seek consent to use and disclose Personal Information at the same time it collects the information. However, Foveo 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.
3.3 Foveo may collect, use or disclose Personal Information without a Customer’s or Employee’s knowledge or consent only in the following, exceptional circumstances:
- Where 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;
- Where it is in relation to the investigation of a breach of an agreement;
- Where it is necessary to assess, process or settle an insurance claim;
- Where it is to a lawyer representing Foveo;
- Where it is to collect a debt;
- Where it is to comply with a subpoena, warrant or other court order;
- Where it is produced by an Employee in the course of their employment and the collection, use or disclosure is consistent with the purposes for which the information was produced;
- Where it is for any other purpose otherwise required by law;
- In the case of an emergency where the life, health or security of an individual is threatened; or
- If a Breach of Security Safeguards has occurred and disclosure to an organization or government institution that has been notified of the breach is made solely for the purpose of (1) reducing the risk of harm to the individual that could result from the breach; or (2) mitigating that harm.
3.4 Foveo may also disclose Personal Information without a Customer’s or Employee’s knowledge:
- For the purposes of investigating a breach of an agreement or contravention of a law that has been, is being or is about to be committed;
- Detecting or suppressing fraud or of preventing fraud that is likely to be committed
and it would be reasonable to expect that disclosure with the knowledge or consent of an individual would compromise the investigation or the ability to prevent, detect or suppress the fraud.
3.5 Foveo may also use and disclose Personal Information without a Customer’s or Employee’s knowledge in the context of a prospective Business Transaction if:
- Foveo and the other entity(ies) involved in the prospective Business Transaction have entered into an agreement that requires the organization that receives Personal Information:
- To use and disclose that information solely for purposes related to the Business Transaction;
- To protect that information by security safeguards appropriate to the sensitivity of the information; and
- If the Business Transaction does not proceed, to return that information to the organization that disclosed it, or destroy it, within a reasonable time; and
- The Personal Information is necessary
- To determine whether to proceed with the Business Transaction; and
- If the determination is made to proceed with the transaction, to complete it.
3.6 If a prospective Business Transaction that is referred to in Section 3.5 is completed, the organizations that are party to that Business Transaction may use and disclose Personal Information, which was disclosed in accordance with Section 3.5, without the knowledge or consent of the Customer or Employee if:
- The organizations have entered into an agreement that requires them to:
- Use and disclose the Personal Information under their respective control solely for the purposes for which the Personal Information was collected, permitted to be used or disclosed before the Business Transaction was completed;
- To protect the Personal Information by security safeguards appropriate to the sensitivity of the information; and
- To give effect to any withdrawal of consent by a Customer or Employee; and
- The Personal Information is necessary for carrying on the business or activity that was the object of the Business Transaction; and
- One of the parties notifies the Customer or Employee, within a reasonable time after the transaction is completed, that the Business Transaction has been completed and its Personal Information has been disclosed.
3.7 In obtaining consent, Foveo shall use reasonable efforts to ensure that the 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 and Employee.
3.8 Foveo will require consent for the collection, use or disclosure of Personal Information as a condition of the supply of a service or product only if such collection, use or disclosure is required to fulfill the identified purposes.
3.9 In determining the appropriate form of consent, Foveo shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers and Employees.
3.10 A Customer or Employee may withdraw or vary consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers and Employees may contact Foveo at the contact coordinates listed in Section 1.1 for more information regarding the implications of withdrawing or varying consent.
- LIMITING COLLECTION OF PERSONAL INFORMATION
4.1 Foveo shall limit the collection of Personal Information to that which is necessary for appropriate purposes identified by Foveo. Foveo shall collect Personal Information by fair and lawful means.
4.2 Foveo collects Personal Information primarily from its Customers and Employees, as opposed to third parties.
4.3 Foveo may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
- LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
5.1 Foveo 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 in the circumstances listed under Section 3.3, above. Foveo shall retain Personal Information only as long as necessary for the fulfillment of those purposes or as required by law.
5.2 Internally, only Foveo employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about Customers and Employees.
5.3 In addition, Foveo may disclose a Customer’s Personal Information, in accordance with all applicable privacy regulations, to:
- Another entity for the development, enhancement, marketing or provision of any of the products or services of Foveo;
- An agent retained by Foveo in connection with the collection of the Customer’s account;
- Credit grantors and reporting agencies;
- A person who, in the reasonable judgment of Foveo, is seeking the information as an agent of the Customer; and
- A third party or parties, where the Customer consents to such disclosure or disclosure is required by law.
5.4 In addition, Foveo may disclose an Employee’s Personal Information to:
- An entity for regular personnel and benefits administration;
- An Employee’s prospective employer for the purpose of providing a reference; and
- A third party or parties, where the Employee consents to such disclosure or the disclosure is required by law.
5.5 Foveo 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 within a reasonable period of time after Foveo no longer reasonably requires the Personal Information for legal or business purposes.
- ACCURACY OF PERSONAL INFORMATION
6.1 Foveo shall strive to keep Personal Information within its possession or control as accurate, complete, and up-to-date as is necessary to: (1) appropriately utilize that Personal Information for the purposes for which it was collected; and (2) minimize the likelihood that inappropriate information may be used to make a decision about a Customer or Employee.
6.2 Foveo shall update Personal Information about Customers and Employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
- SECURITY SAFEGUARDS
7.1 Foveo shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.2 Foveo shall strive to protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. Foveo shall protect the information regardless of the format in which it is held.
7.3 Foveo shall utilize technological, contractual and other means to provide an appropriate level of protection for Personal Information that is disclosed to third parties for processing.
7.5 Foveo may store and process Personal Information in Canada or another country. In either case, the Personal Information is protected with appropriate security safeguards and subject to the privacy laws and regulations of the host jurisdiction.
7.6 While the majority of Foveo’s data traffic is routed domestically, some traffic may be routed through other jurisdictions while in transit.
- OPENNESS CONCERNING POLICIES AND PRACTICES
8.2 Foveo shall make information about its policies and practices as accessible and easy to understand as possible, including:
- The contact information for forwarding any privacy complaints;
- The means of gaining access to one’s own Personal Information held by Foveo; and
- A description of the type of Personal Information held by Foveo.
8.4 Foveo will make available information to assist Customers and Employees in exercising choices regarding the use of their Personal Information.
- CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
9.1 Foveo shall inform a Customer and Employee of the existence, use, and disclosure of his or her Personal Information upon request, subject to the limitations described in Section 9.3, below.
9.2 Customers and Employees can seek access to their Personal Information by contacting the Privacy Officer(s) at the coordinates listed in Section 1.1. Foveo shall afford Customers and Employees a reasonable opportunity to review the Personal Information in the individual’s file, subject to the limitations described in Section 9.3, below. Personal Information shall be provided in understandable form within a reasonable time and at a minimal or no cost to the individual. Customers and Employees may identify any issues with the accuracy or completeness of the information provided and Foveo will amend it as needed.
9.3 In certain situations, Foveo may not be able to provide access to all the Personal Information that it holds about a Customer or Employee. For example, Foveo 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, Foveo 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 federal, provincial or foreign laws and / or regulations. If access to Personal Information cannot be provided, Foveo shall provide the reasons for denying access upon request unless prevented from doing so by lawful means.
9.4 Upon request, Foveo 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 use, Foveo will provide information about the purposes for which the Personal Information has been and is being used by the organization. In providing an account of disclosure, Foveo 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.
9.5 In order to safeguard Personal Information, a Customer or Employee may be required to provide sufficient identification information to permit Foveo 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.
- BREACH OF SECURITY SAFEGUARDS
10.2 Unless prohibited by law, Foveo shall, as soon as feasible, notify an individual of any Breach of Security Safeguards involving the Customer’s or Employee’s Personal Information under the organization’s control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the individual. The notification will allow the individual to understand the significance of the breach and to take steps, if any are possible, to reduce the risk of harm that could result from it or to mitigate that harm.
10.3 In assessing whether there exists a real risk of significant harm, Foveo will consider factors including: (a) the sensitivity of the Personal Information involved in the breach; and (b) the probability that the Personal Information has been, is being or will be misused.
10.4 Foveo shall, as soon as feasible, notify any other organization, government institution or part of a government institution of a Breach of Security Safeguards if it believes that the other organization or government institution may be able to reduce the risk of harm that could result from it or mitigate that harm.
10.5 Foveo shall keep and maintain a record of every Breach of Security Safeguards involving Personal Information under its control for a period of 24 months after the day on which Foveo determines that the breach has occurred.
- CHALLENGING COMPLIANCE
11.1 A Customer or Employee may address a challenge concerning compliance with the above principles to the Privacy Officer(s) by using the contact coordinates listed in Section 1.1.
11.2 Foveo shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers and Employees about Foveo’s handling of Personal Information.
11.3 Foveo shall inform its Customers and Employees about the existence of these procedures as well as the availability of complaint procedures.
11.5 A Customer or Employee may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376), and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer or Employee is encouraged to use Foveo’s internal information and complaint procedures first.