Mercuri Privacy Policy - Updated August 2020

Mercuri (The Company) is committed to maintaining the privacy, accuracy and security of your Personal Information.

 We fulfill this commitment through our employee training, the safeguards used to protect your information and our policies, including this Privacy Policy.

 “Personal Information” is information about you as an identifiable individual that is protected by law. This Privacy Policy explains:

 •  how  and why  we  collect, use,  and sometimes disclose your Personal Information;

•  how  and when your informed consent will be  requested (along with  certain exceptions);

•  how  you  can access your Personal Information that we  hold; and

•  who  to  contact if you  have questions or concerns about your privacy.

  

Application of this Privacy Policy:

 1.    Which individuals does this Privacy Policy apply to? Our customers, authorized users of our products and services, and employees of the Company.

 2.  What information does this Privacy Policy apply to?  All Personal Information that we collect, use or disclose about our individual customers, authorized users and employees is covered by this Privacy Policy.   This may include information such as your name, mailing address, email address, phone number, credit information, and billing or service records.  There are some exceptions created by applicable law to what might ordinarily be considered Personal Information.

 3.  Is all information that identifies me considered protected Personal Information?  Not necessarily. When certain Personal Information, such as your name, address, telephone number and e-mail address, is listed in a public directory, it is not protected by privacy laws.   Your business contact information, such as name, title, business address, telephone number and business e-mail address used in relation to your employment or business, is also exempt.  Information about you,  but  which  cannot be associated with  you  as an  identifiable individual, is not  considered to  be  Personal Information. For example, information about you that has been de-identified so that it doesn’t identify you as an individual is not Personal Information.

 

Consent and Your Personal Information:

 

4.  Does the Company need my consent to collect, use or disclose my Personal Information?  It depends on the type of Personal Information and the particular circumstances.   When it is reasonable in the circumstances, we will imply consent from your actions.  For example, if you give us your address we may use it to send you bills or other important notices related to your products and services on the basis that your consent can be reasonably implied. In other situations, we may need your express consent before we collect, use or disclose your Personal Information. For example, we would get your express consent before using your Personal Information to perform a credit check. Express consent is when you explicitly consent verbally, or by signing a document, or ticking a box or performing a similar act demonstrating your consent. Sometimes it may be impossible or inappropriate to obtain your consent, and in those cases, we may collect, use or disclose your information without your consent. For example:

(a)  If it is clearly in your interests (such as a medical emergency or a threat to your safety);

(b) to comply with a warrant or other court order;

(c)  to collect a debt;

(d) to investigate the  breach of an  agreement or applicable law; or

(e)  as otherwise legally required or allowed.

5.  How does the Company obtain my consent? It depends on the circumstances, including the type of Personal Information collected, used or disclosed. We may imply your consent if it is reasonable in the circumstances.  We may ask for your express consent when our collection, use or disclosure of Personal Information is more sensitive or not necessarily expected.  Here are examples of implied and express consent: When you sign up as a customer, we rely on implied consent to track your service usage for the purpose of billing you.  However, we  would request your express consent before we  would use  your Personal Information to  enable individual location-based marketing for  a third-party  (unless you  have already provided such consent to  the  third-party).

6.  Does the Company need consent to use de-identified information? No.  We may de-identify your Personal Information so  that you  cannot be  identified as an  individual, and use  that de-identified information to  improve our  operations and to  develop analytic marketing reports for  our  use  and for  the  use  of our partners.

Collection, Use, Disclosure and Your Personal Information:

7.  When does the Company collect my Personal Information?  It depends on the purpose for collection and the product or service involved. Below are some examples of when we may collect Personal Information:

(a)  when you  provide your Personal Information, during the  inquiry, activation or purchase process for  a product or service;

 

(b) when we  provide service to  our  customers, including technical support or during the  warranty, repair claims and service process;

 

(c)  automatically, when you  use  our  products or services, or visit one of our  websites (such  as through the  use  of cookies or similar technologies), call into  a call centre, or

 

(d) from third-parties, such as credit reporting agencies, or other third-parties with  whom you  have had a payment relationship.

 

8. How does the Company use my Personal Information?  We use your Personal Information to provide you with our products or services. We may also use your Personal Information to:

 (a) establish and maintain responsible commercial relations with  you  and to  provide ongoing service; (b) try  to  understand the  needs and preferences of our  Customers, and determine  your eligibility for products and services;

 (b) Recommend products and services to meet your needs;

 (c) develop, enhance, market or provide products and services; (e) manage and develop business operations; or

 (d)  meet our  legal and regulatory requirements.

 Where necessary, we will request your further consent before using your Personal Information for any new purpose(s) beyond those described above.

 

9.  When is my Personal Information disclosed? We may disclose some of your Personal Information in a variety of circumstances, such as when we have your express or implied consent. We may also disclose your Personal Information:

 

(a) to a person acting as your agent (such  as a legal representative or authorized user) if we  are reasonably satisfied that the  person is authorized to  receive your Personal Information;

 

(b) to our  suppliers and authorized agents who  assist with  activities such as service installation or network maintenance, subject to  strict security safeguards;

 

(d) to  third-party collection agencies for  the  purpose of collecting amounts owed to  us which  are past due;

 

(e) to  third-parties ,such  as credit reporting agencies or anyone you  have had a payment relationship with, to assess creditworthiness or assist with  the  collection of amounts owed to  us which  are past due and 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  prevent fraud;

 

(g) to an  appropriate public  authority in an  emergency situation where there is imminent danger to life or property;

 

(h) as you  have otherwise given us, or a third-party (like a financial institution, government agency, social media or other on-line site)  your consent to  do  so; or

 

(i)  as otherwise allowed or required by  law.

 

Where necessary, we will request your further consent before disclosing your Personal Information for any new purpose(s) beyond those described above.

 

Withdrawing Your Consent:

 

12. Can I opt-out of the collection, use or disclosure of my Personal Information by the Company?

Sometimes. You can withdraw your consent, or opt-out, of the collection, use or disclosure of your Personal Information in certain situations. For example, where you have provided express consent for the use of specific wireless location information for marketing purposes, you can

Opt-out later if you wish.   Similarly, you can opt-out of your Personal Information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages.  But where your Personal

Information is reasonably necessary to  provide you  with  the  services you  requested or the  operation of our  network, you  cannot continue to  use  the  services and opt-out of the  collection, use  and disclosure of your Personal Information because it is a condition of service. To stop the collection, use and disclosure of your Personal Information in these circumstances, you must terminate your services.

  

Accuracy and Safeguarding of Your Personal Information:

 13. How do I learn more about my Personal Information and if it is accurate? Just ask us by contacting our Privacy Officer. We will give you the opportunity to review the Personal Information in your file, subject to certain restrictions and exceptions, 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  the  disclosure of someone else’s  Personal Information or other confidential or privileged information), then we  will advise you  of the  reason why.   Our goal is to

keep the  Personal Information we  hold  about you  accurate, up-to-date and complete. If you find an inaccuracy, let us know and we will correct it.

 

14. How is my Personal Information protected? We use appropriate technical and operational security safeguards which vary depending on the sensitivity of the Personal Information in question. All of our employees with access to Personal Information are required to respect the confidentiality of

Personal Information. Personal Information we  disclose to  third-parties is governed by  this  Privacy Policy  through comparable protections in our  commercial agreements and is also protected by additional safeguards, if required, depending on the  sensitivity of the  Personal Information involved.

 

15. Will my Personal Information ever be transferred, stored or processed outside of Canada? Yes, sometimes. For example, if you use our Video Conferencing Product via our partner Starleaf. But your Personal Information is only provided to our suppliers and authorized agents operating outside of Canada in accordance with safeguards no less rigorous than those that we apply in Canada. Personal Information processed outside of Canada may only be used by such third parties for the purposes we set.  In such cases, however, your Personal Information may be subject to the legal jurisdiction of foreign countries.

 

16. How long is my Personal Information kept? Only as long as is reasonably necessary or relevant for the identified purposes or as required by law. 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:

 

17.  Can this Privacy Policy change? We may change this Privacy Policy (and other product or service- specific privacy policies) over time, in accordance with applicable laws.  We will notify you of changes by: posting the change on our website, including a notice in your bill, sending you an email or a text message, or any other reasonable means.

 

18. Which laws apply to the collection, use and disclosure of my Personal Information?  We design our privacy practices to comply with applicable Canadian Federal, provincial and territorial laws, including the Personal Information Protection and Electronic Documents Act and the Canadian Radio-television and Telecommunications Commission rules regarding confidential information.

 

19. Questions or concerns about our privacy practices? Please contact privacy@mercuri.ca.  or

 

Mercuri Conferencing

760 Brant Street, Suite 407

Burlington, ON L7R 4B8 Canada

+1-905-631-2121 or 1-888-661-7777

 

We investigate all complaints concerning compliance with this Privacy Policy.  Where justified, we will take appropriate steps to resolve the complaint including, if necessary, changing our policies and practices.