Nucleus (“Nucleus”) and its subsidiaries and affiliates (collectively “Companies”, and each individually “Company”) provide a broad range of telecommunications services to customers, including Internet access, and local and long distance services in Canada.
The Companies (as defined in Part IV below) are 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.
The Companies – Fibernetics Corporation, NEWT, Fongo Inc., Eyesurf Corp., and Nucleus.
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 the Companies. 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, a Company’s products or services or otherwise provides personal information to a Company in the course of a Company’s commercial activities.
Disclosure – the act of making personal information available to a third party. Employee – an employee of a Company.
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 the Companies.
Use – the treatment, handling, and management of personal information by the Companies.
Scope and Application
(i) information that is publicly available; or
(ii) the name, title or business address or telephone number of an employee of an
Consent and Your Personal Information
1. Consent to collect, use or disclose my Personal Information. When you use our products or services, your consent will be implied in certain circumstances, we may also seek your express consent to our collection, use or disclosure of your Personal Information. For example, if your Personal Information is highly sensitive and required for a new purpose we may ask for your express consent (either verbally, by checking a box, signing an agreement or taking another affirmative action). If your Personal Information isn’t necessarily required to provide the product or service, you may also be able to withdraw your consent. For example, you can opt-out of a variety of marketing communications by us, including commercial electronic messages like emails and SMS messages. If your Personal Information is necessary to provide you with the products or services you requested or the safety and security of our network, then there is no ability to opt-out because it is a condition of service. In these circumstances, the only option is to terminate your relationship with us.
The law also permits certain exceptions to obtaining consent, including:
(a) if it is clearly in your interests (like a medical emergency or a threat to your safety); (b) to comply with a warrant or other court order;
(c) to collect monies owed;
(d) to investigate the breach of an agreement or applicable law (like piracy in breach of the Copyright Act);
(e) to detect, suppress or prevent fraud and secure our networks; or
(f) as otherwise legally required or allowed.
If appropriate or necessary, we may rely on one of these exceptions.
2. Use of de-identified Personal Information. The Companies use de-identified information to improve our operations, products, services and available offers, to provide social benefits, and to develop analytic marketing reports. De-identified information may also be combined with statistical data, including data provided by government agencies and third-party data aggregators to better inform us.
Collection, Use, Disclosure and Your Personal Information
3. The Companies collection of Personal Information. The Companies collect your Personal Information through various ways. For example:
(a) during the inquiry, activation or purchase process for a product or service (including through our dealers, retailers and other service representatives);
(b) when we provide service to our customers, including technical support or during the warranty, repair claims and service process;
(c) when you use our products or services, visit one of our websites, use our apps, or call into a call centre;
(d) from third parties, like credit reporting agencies, or other third parties with whom you have had a payment relationship.
4 . The Companies use of Personal Information. The Companies use your Personal Information, including sharing information between our Companies so that we may:
(a) provide you with our products and services (including through third-party suppliers); (b) better understand your needs and preferences;
(c) maintain responsible commercial relations with you;
(d) determine your eligibility for products and services and recommend products and services to you;
(e) develop and enhance our products and services;
(f) market products and services that may be of interest to you;
(g) manage our business operations;
(h) detect, suppress or prevent fraud and manage and secure our networks;
(i) meet our legal and regulatory obligations. We use market leading data analytics technologies to help us inform and improve the uses described above.
5. When your Personal Information will be disclosed. We may disclose your Personal Information with your consent, or when it is permitted or required by law, including;
(a) to an authorized account holder for household accounts or accounts with multiple devices, or a person acting as your agent (like a legal representative or authorized user);
(b) to another communications service provider, cloud-based service provider (such as Amazon Web Services) or a telephone directory service provider in order to offer efficient and effective
communications services (for example, to provide roaming services when you roam in another carrier’s coverage area);
(c) to third-party collection agencies for the purpose of collecting amounts owed to us which are past due;
(d) to third parties, like credit reporting agencies or other companies you have had a payment relationship with, to assess creditworthiness;
(e) to delivery organizations to ship you products and/or services you have ordered;
(f) to a government institution or another organization if reasonably necessary to establish your identity, or to investigate the contravention of a law or an agreement, or to detect, prevent or suppress fraud and secure our networks;
(g) to an appropriate public authority in an emergency situation where there is imminent danger to life or property;
(h) if you have already given your consent to us or a third party (such as a smart home device provider, financial institution, insurance company, social media network, or other online site); (i) as otherwise allowed or required by law.
Correcting and Safeguarding Your Personal Information
6. How to review and correct your Personal Information. Just ask us by getting in touch with our privacy department (see Section 11 for contact information). You can review the Personal Information in your file, subject to certain restrictions and exceptions (a reasonable fee may apply), within a reasonable time after receiving a request in writing from you. If we cannot provide you with access to your Personal Information (for example, if it would involve revealing someone else’s Personal Information or other confidential or privileged information), we will let you know why. Our goal is to keep the Personal Information we hold about you accurate, up-to- date and complete. If you find a mistake, let us know and we will correct it.
7. Protection of your Personal Information. We use appropriate security safeguards which vary depending on the sensitivity of the Personal Information. All of our employees with access to Personal Information receive ongoing training with respect to the confidentiality of Personal Information. Personal Information we disclose to third parties, including our suppliers and agents acting on our behalf, is protected through our contracts with them. Because the security of your Personal Information in this digital age cannot be 100% guaranteed, you can also help protect your own Personal Information by adopting smart security practices, like never re-using passwords across accounts or websites, changing passwords regularly and choosing passwords that are hard to guess.
8. Transfer, storage or processing of your Personal Information outside of Canada. Your Personal Information may be provided to our suppliers and agents who operate outside of Canada. For Personal Information processed outside of Canada, your Personal Information may be subject to the laws of other countries.
9. How long your Personal Information is kept. Only as long as it is reasonably needed or relevant for the identified purposes, or as required by law. We may keep certain Personal Information for an extended period of time even when you are no longer our customer (like for required tax and financial record keeping, security, fraud prevention, and to manage business operations). Once Personal Information is no longer reasonably necessary, or relevant for the
identified purposes, or required by law to be retained, your Personal Information is destroyed, erased or de-identified. Changes, Questions and Contact Information
11. Questions or concerns about our privacy practices. The security and privacy of your Personal Information is important. For additional questions, you can send an email to email@example.com. We investigate all privacy complaints and take appropriate steps to resolve them, including changing our practices where required.
12. Additional Information. 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/.
Last Updated: May 29, 2023