Privacy Policy/ Terms of use

Privacy Policy / Terms of use

Privacy Policy

Purpose and Applicable Legislation

This document sets out policies and procedures to support compliance with all relevant legislation, particularly the Personal Information Protection and Electronic Documents Act of Canada and Quebec's Act respecting the protection of personal information in the private sector.

Scope and Application

The Radialpoint Privacy Policy applies to the operations of Radialpoint and its wholly owned subsidiaries, with respect to the collection, use, and disclosure of personal information. Radialpoint will use reasonable efforts, including contractual obligations, to ensure that its business partners also comply with this Policy with respect to personal information shared with them by Radialpoint.
The day-to-day application of the Radialpoint Privacy Policy is carried out through administrative procedures which apply in all activities. The major custodians of personal information at Radialpoint are Customer Support, Human Resources, Accounting, Information Services, Technical Operations and Marketing. Throughout the company, all employees are responsible to adhere to these administrative procedures, and to the principles of the Policy.

Definitions

Term

Definition

Personal information

"Personal information" means any information about an identifiable individual. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, Social Insurance Number, date of birth, marital status, education, employment, health history, credit records, income, and as well as certain personal opinions or views of an Individual.

Principles of Fair Information Practices

In developing this Privacy Policy, Radialpoint strives to conform to the following principles found in the Personal Information Protection and Electronic Documents Act of Canada:

Accountability

The Chief Financial Officer is responsible for complying with measures that give effect to the principles stated in this Policy. The means of contacting the Chief Financial Officer in connection with this Policy is posted on the Radialpoint's Intranet and Internet sites. Radialpoint maintains documentation and materials related to the policies and administrative procedures, and is responsible for training Radialpoint staff for compliance with this Policy.

Purposes of Collecting Personal Information

Personal information is collected in order to establish a relationship such as creating a user profile or account in Radialpoint’s systems so that a person can be recognized, fulfilled and/or ticketed as they purchase and use Radialpoint services.
Whenever personal information is collected, Radialpoint will explain how it will be used, either at the time of collection or earlier. Radialpoint will limit the information collected to only that information which is required to fulfill the agreed upon services.

Consent

Personal information will be collected with the knowledge and consent of the person concerned, and directly from them, in accordance with applicable law. On such rare occasions when it is necessary to collect information without knowledge and consent, a note will be posted in the subject file to that purpose, and efforts will be made to communicate with the individual to advise them of the information collection. No information will be communicated to third parties without the consent of the subject, except as required or permitted by law.

Limiting Collection

Radialpoint will only collect information that is necessary for the explicitly stated purpose. In order to ensure this, those responsible for the collection, use or disclosure of information must perform a necessity test for all aspects of the information life cycle. Any personal information provided to Radialpoint in excess of what is necessary is not retained for purpose.

Limiting Use, Disclosure and Retention
Personal information will not be used, made available or otherwise disclosed for purposes other than those specified, unless the consent of the individual is obtained or where Radialpoint is compelled by law to do otherwise. Radialpoint may use personal information if it has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction, or of the policies and contractual obligations of Radialpoint. Radialpoint may also use the information when acting in an emergency situation that threatens the life, health or security of an individual or the protection of property. Such special uses of personal information without consent will be documented and accessible to the individual in accordance with the privacy laws of Canada and Quebec.
Personal information must not be kept for periods longer than are necessary to fulfill the identified purposes. It is the responsibility of all Radialpoint employees to implement retention schedules which minimize the storage of personal information. All retention schedules shall be based upon the following needs: administrative, legal, statistical and archival, and in the latter two cases, the information will be de-identified wherever feasible.

Accuracy

Radialpoint endeavors to ensure that the personal information it holds is as accurate as is necessary for the purposes stated. With respect to information that may not be current, we will corroborate with the person concerned, the personal information used in relation to a decision affecting the rights, benefits or status of an individual, before reaching the decision. Individuals are requested to notify Radialpoint in writing of any change in personal information.

Safeguards

Radialpoint will put in place appropriate safeguards to protect against unauthorized access to personal information, as well as use, destruction and modification of data.

Organizational Safeguards: Access to personal information will be limited to the Radialpoint staff who require access to deliver the agreed upon services. Members of Radialpoint staff are not permitted to copy or retain any personal information on individuals or clients outside of requirements to fulfill the agreed upon services in this policy.

Employees and members of Radialpoint are required to sign a confidentiality agreement binding them to maintaining the confidentiality of all personal information to which they have access.

Physical Safeguards: Personal information is stored at secure physical data centers. Access to these secure areas is restricted to authorized Radialpoint employees and third parties.

Technological Safeguards: Personal information contained in Radialpoint computers and electronic databases are protected in accordance with Radialpoint’s Information Security Policies. Radialpoint audits security safeguards to ensure that they are being properly administered and that they remain effective and appropriate.”

Openness

The policies and procedures of Radialpoint with respect to the management of personal information are accessible to the public upon request to the Privacy Office, with the exception of certain aspects of our security systems.

Individual Access

Individuals have the right to obtain confirmation of whether or not Radialpoint has personal information relating to them, subject to applicable law. Individuals may request access in writing for their own personal information, and Radialpoint will respond to the request no later than thirty days, subject to reasonable availability. While it is our policy not to charge for personal information, Radialpoint reserves the right to charge reasonable fees for onerous requests.
If the individual finds that the information held by Radialpoint is inaccurate or incomplete, upon the individual providing documentary evidence to verify the correct information, Radialpoint will make the required changes to the individual's active file(s) promptly.

In some cases we may not provide access to personal information within our possession or control. This may occur when:

providing access would be likely to reveal personal information about a third party or could pose a threat to the security of the third party, and the information cannot be segregated;
disclosure would reveal confidential commercial information of Radialpoint;
the personal information is protected by privilege; or
the information has been collected during the investigation of a legal matter or cannot be disclosed for other legal reasons, such as a non-disclosure agreement.

If we deny your individual request for access to your personal information, we will advise you in writing of the reason for the refusal and you may then challenge our decision.

Challenging Compliance

Any individual may challenge the compliance of Radialpoint to any of the principles set forth in this Policy, and to its privacy procedures. The Chief Privacy Officer will investigate all challenges and attempt to resolve them. Individuals will be made aware of possible recourse that they might also have under applicable law and policy.

Accountability and Organization

The Chief Financial Officer (CFO) is accountable for this Privacy Policy and for its implementation in Radialpoint. The CFO is accountable to the Chief Executive Officer of Radialpoint and his delegate. Every departmental manager is accountable for the information under his/her control, and for the policies and procedures under this Policy, for which he or she is responsible.

Access Requests

Radialpoint encourages informal access to information by the concerned person in the regular course of business, but in no way wishes to substitute informal procedures in a manner that would deprive an individual of their rights under relevant law and policy. For instance, if an individual has applied for a job and neglected to keep relevant correspondence, the Human Resources department in most cases would be happy to provide copies without a formal request being filed. When an individual wishes to access the personal information about them that is held by Radialpoint, they may either contact privacy@radialpoint.com by email, write or fax a request. Radialpoint will require positive identification from the applicant before communicating any personal information. All formal requests for access to information are forwarded to the Chief Financial Officer. The CFO will work with the Customer Service Department to fulfill requests from the public, and with the Human Resources department to fulfill requests from staff and job applicants.

Customer Service staff have checklists which will help an individual identify where their personal information might be found, such as in webstore records, or Radialpoint Security Services software user logs. We strive to respond to requests for personal information in thirty business days.

If an individual obtains personal information and wishes to contest its accuracy, he or she may request a change or deletion of certain items. This request will be routed to the office of the Chief Financial Officer. All reasonable requests will be honored, and in instances where the Chief Financial Officer determines that it is not appropriate to either change the information or delete the record, a notation will be added to the file explaining the case as represented by the individual. This notation will be sent to any parties that the individual deems should receive his/her comments.

Requests by individuals for their own personal information will be honored at no cost. Radialpoint does reserve the right, in exceptional circumstances where extensive information has been requested and which requires excessive time and effort, to charge the same rates as are charged under the Access to Information Act of Canada, and shall so inform the data subject before completing the request.

Complaints

If an individual is not satisfied with the results of an information request, or if the data subject is unsatisfied in any way with this Radialpoint Privacy Policy, with Radialpoint compliance with this Policy or with law, he or she may complain to the Office of the Chief Financial Officer for a review of the issue. The Chief Financial Officer will investigate all cases, conduct a review of the findings, and establish a dialogue with the individual to resolve the complaint. In cases where there are controversial issues, the CFO may establish an ad hoc committee to review the complaint, or with the permission of the individual, seek an outside mediator or consult privacy experts for independent opinions. All efforts will be made to resolve complaints internally.

Any questions regarding this or any other privacy policy of Radialpoint may be directed to the Chief Privacy Officer. Requests for access to information, or to make a complaint, are to be made in writing and sent to the Chief Privacy Officer at the address below:

Chief Financial Officer:
Email address: privacy@radialpoint.com
2050 Bleury Street, Suite 300
Montreal, Quebec
H3A 2J5

Training

The Chief Financial Officer is responsible for training all Radialpoint staff in basic privacy awareness, this Privacy Policy, and all required procedures. Managers are responsible to ensure that their employees obtain the necessary training. The Human Resources department, in collaboration with the Information Security and Privacy Office, is responsible for maintaining the curriculum and delivering courses. Information packages are available on the Radialpoint Intranet which provide full instructions to staff in the privacy policies and procedures, as well as frequently asked questions.

Compliance and Enforcement

Compliance to the Radialpoint Privacy Policy is mandatory for all Radialpoint employees. Breach of such policies may result in disciplinary action, including termination of employment.

Forms

All forms used to gather information, advise on this Policy, inform individuals of their rights, as well as access and complaint procedures are available on the Radialpoint Intranet and Internet sites.
This version of the policy reflects the state of the aforementioned legislation as of April 1, 2009

Terms of use

These Terms of Use state the terms and conditions under which you may access and use RADIALPOINT’s website. By accessing and using the website you are indicating your acceptance to be bound by these Terms of Use. If you do not accept these terms and conditions, you must not access or use the website.

Authorized Use

Any person is hereby authorized to view the information available on this web site for informational purposes only. No part of the information on this site may be used, redistributed, copied or reproduced, without the prior written consent of Radialpoint.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY RADIALPOINT ON AN "AS IS" BASIS. RADIALPOINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RADIALPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RADIALPOINT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RADIALPOINT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS RADIALPOINT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN PROVINCIAL AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. The laws of the province of Quebec, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Radialpoint or its affiliates.

COPYRIGHT © 2011 Radialpoint is a trademark of Radialpoint SafeCare Inc. All rights reserved. All intellectual property, including without limitation, trademarks and copyrights are the property of their respective owners and any unauthorized use thereof is strictly prohibited. Use of any software for any purpose not explicitly stated and authorized in the website is expressly forbidden without the prior written permission of Radialpoint. Any rights not expressly granted herein are reserved.