Privacy Policy

Collection of Personal Information by SWD

SWD collects personal information such as names, addresses, and email addresses submitted by you through our customer registration process.

Your email address is only used for communication purposes with the company. This can be but is not limited to daily communication with a company representative, billing through the accounting department, or technical or news bulletins that are sent to clients regarding their account or service information.

Privacy Policy

Spelunking Web Design (SWD) is committed to maintaining the accuracy, confidentiality and security of your personal information. As part of this commitment, SWD has built our privacy policy on the values set by the Canadian Standards Association’s Model Code for the Protection of Personal Information and Canada’s Personal Information Protection and Electronic Documents Act. The following Ten Privacy Principles govern our actions as they relate to the use of customer information.

Principle 1 – Accountability
Principle 2 – Identifying Purposes
Principle 3 – Consent
Principle 4 – Limiting Collection
Principle 5 – Limiting Use, Disclosure and Retention
Principle 6 – Accuracy
Principle 7 – Safeguarding Customer Information
Principle 8 – Openness
Principle 9 – Customer Access
Principle 10 – Handling Customer Complaints and Suggestions

Principle 1 – Accountability

SWD is responsible for maintaining and protecting information under its control.

SWD has designated an individual who is accountable for compliance of the Privacy Principles.

Other individuals within the organization may be delegated to take responsibility for the day-to-day collection and processing of personal information.

SWD is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing or other purposes relating to SWD operations. SWD will use contractual or other means to provide a comparable level of protection while the information is in the possession of the third party.

SWD will implement policies and procedures to give effect to the Privacy Policy including procedures to: protect personal information; receive and respond to inquiries or complaints; train employees in regard to SWD policies and practices, and oversee compliance of the policy.

Principle 2 – Identifying Purposes

The purposes for which personal information is collected at or before the time the information is collected is identified.

SWD collects personal information only for the following purposes:

  • to establish and maintain responsible commercial relations with clients and to provide ongoing service;
  • to develop, enhance, market or provide products and services; and
  • to manage business operations including personnel and employment matters

SWD shall specify orally, electronically or in writing the identified purpose(s) to the client or employee at or before the time personal information is collected. On request, persons collecting personal information shall explain these identified purposes or refer to the designated individual in control of Privacy Policy.

Unless required by law, SWD shall not use or disclose personal information for any new purpose without first identifying and documenting the purpose and obtaining the consent of the client or employee.

Principle 3 – Consent

Knowledge and consent are required for collection, use or disclosure of personal information except where required or permitted by law.

Under certain circumstances, personal information can be collected, used or disclosed without the knowledge or consent of the individual. These circumstances include buy may not be limited to:

  • when clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when an individual is a minor, seriously ill or mentally incapacitated;
  • when the consent of the individual may defeat the purpose of collecting the information, such as a breach of an agreement or a contravention of federal or provincial law;
  • when there is an emergency where the life, health or security of an individual is threatened; and
  • when disclosure is to a lawyer representing SWD, to collect a debt, to comply with a subpoena, warrant or other court order, or otherwise required by law.

Reasonable efforts shall be made in obtaining consent to ensure that a client or employee is advised of the purpose for which the information will be used or disclosed. Purposes will be stated in a manner that can be reasonably understood by the client or employee.

In determining the appropriate form of consent, SWD will take into account the sensitivity of the personal information and the reasonable expectations of its clients and employees.

In general, the use of SWD products or services by a client or acceptance of employment or benefits by an employee constitutes implied consent for the collection, use or disclosure of personal information for all identified purposes.

Consent may be withdrawn at any time subject to legal or contractual restriction and reasonable notice.

Principle 4 – Limiting Collection

Personal information is limited to what has been deemed necessary by the company. All information collected will be by fair and lawful means.

SWD collects personal information primarily from its customers and employees.

SWD may also collect personal information from other sources, including credit bureaus, employers or personal references, or third parties that represent they have the right to disclose the information.

Principle 5 – Limiting Use, Disclosure and Retention of Information

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information is retained only as long as necessary for the fulfillment of those purposes.

In certain circumstances, personal information may be collected, used or disclosed without the knowledge and consent of the individual. (Refer to Principle 3.1)

SWD may disclose customer’s personal information to:

  • credit grantors or reporting agencies;
  • a person who, in reasonable judgment of SWD is seeking the information as an agent of the customer; and
  • a company involved in supplying the customer with related services.

SWD may disclose personal information regarding its employees:

  • for normal personnel and benefits administration;
  • in the context of providing references regarding current or former employees in response to requests from prospective employers; or
  • where disclosure is required by law.

Only those employees who require access for business reasons are granted access to personal information regarding customers or employees.

SWD shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law.

SWD shall maintain reasonable controls, schedules and practices for information and records retention and destruction. Information no longer necessary or relevant for identified purposes or required by law to be retained shall be destroyed, erased or made anonymous.

Principle 6 – Accuracy of Personal Information

Personal information maintained shall be as accurate, complete and up-to-date as necessary for the purposes for which it is used.

Personal information shall be maintained with sufficient accuracy and completeness to minimize the possibility that inappropriate information may be used to make a decision regarding a customer or employee.

SWD will update personal information about customers or employees as necessary to fulfill the identified purposes or upon notification by the individual.

Principle 7 – Security Safeguards

SWD shall protect personal information through security safeguards appropriate to the sensitivity of the information.

SWD shall use appropriate security measures to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held.

SWD shall use care in disposing or destroying personal information to prevent unauthorized parties from gaining access to the information

SWD shall protect personal information disclosed to third parties by contractual agreements stipulating confidentiality of the information.

All SWD employees with access to personal information are required as a condition of employment to respect the confidentiality of personal information.

Principle 8 – Openness Concerning Policies and Practices

SWD will make specific information regarding its policies and practices relating to the management of personal information available to customers and employees.

All information about policies and practices will be easy to understand including:

  • contact information for the person/s accountable for the privacy code and to whom inquiries or complaints may be forwarded;
  • the means of gaining access to personal information held by the Company; and
  • a description of the type of personal information held by the Company.

Principle 9 – Customer and Employee Access to Personal Information

SWD shall inform a customer or employee of the existence, use and disclosure of personal information upon request and shall provide access to that information except in certain circumstances. Customers and employees have the ability to challenge the accuracy and completeness of the information and have it amended as appropriate.

Upon request, customers and employees shall have reasonable opportunity to review the personal information on file.

Under certain circumstances, access to all the personal information held about a customer or employee may be restricted and the reason for denying access will be provided. Examples of reasons for full access denial are but are not limited to:

  • if doing so would reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual;
  • if disclosure would reveal confidential commercial information;
  • if information is protected by solicitor-client privilege; or
  • if information was collected in relation to the investigation of a breach of an agreement or contravention of a federal or provincial law.

On request, SWD shall provide an account of the use and disclosure of personal information and a list of potential organizations to which it may have disclosed personal information about the individual.

In order to safeguard information, customers or employees will be required to provide sufficient identification information to permit access to the individual’s file. Any such information shall be used only for this purpose.

Personal information found to be incorrect or incomplete shall be promptly corrected. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, SWD will inform third parties having access to the personal information in question of any amendments or unresolved differences.

Principle 10 – Challenging Compliance

Customers or employees shall be able to address a challenge concerning compliance with the above principles to the person accountable for compliance with the SWD Privacy Code.

Procedures for addressing and responding to all inquiries or complaints form its customers and employees about the Company’s handling of personal information shall be maintained.

Customers and employees shall be informed about the existence of these procedures and the availability of the complaint procedure.

The person accountable for compliance may seek external advice where appropriate before providing a final response to individual complaints.

All complaints concerning compliance shall be investigated. If a complaint is found to be justified, appropriate measures to resolve the complaint including, if necessary, amending policies and procedures. The complainant will be informed of the outcome of the investigation regarding the complaint.