POLICY CONCERNING THE PROTECTION OF PERSONAL INFORMATION
Welcome to the NationalCapitalDistrictEnergy.ca / ReseauEnergetiqueCapitaleNationale.ca web site (the “Web Site”). The Web Site is owned and operated by ESAP Projet Co. Limited Partnership conducting business under the Innovate Energy name (“Innovate Energy”). The terms “you” and “yours” refer to the person using, viewing, consulting or visiting the Web Site. The terms “we” and “ours” refer to Innovate Energy. Innovate Energy respects your privacy and the confidentiality of your personal information, and wants you to have the best possible experience when you interact with us online. This policy concerning the protection of personal information (the “Policy”) is intended to help you understand how Innovate Energy collects, uses, processes, discloses, stores and protects the information you provide to us when you use the Web Site. It is important for you to read and understand the Policy since it establishes a contract between you and us. Innovate Energy may offer you the opportunity of connecting to the Web Site or using our services and tools via a mobile device. The provisions in this Policy apply to all types of mobile access and to the use of mobile devices. This Policy is cited as a reference for all Web Sites adapted for mobile use concerned.
1.Consent
By using this Web Site, you consent, without limitation, to be legally bound by this Policy.
2.Collection of Personal Information during Navigation
Innovate Energy does not collect your personal information when you navigate the Web Site unless you voluntarily register for a specific service which requests such information from you, notably by registering for the newsletter, email alert or instant messaging (SMS) alert services, or by contacting us directly through the contact form available on the Web Site. You provide us with personal information such as your first name, last name, email address, home or mobile phone number, the identity of your employer or the entity you represent and, in some cases, your personal opinion and preferences. You also tell us if you are a citizen, an organization or a journalist. By providing us with this personal information, by sending us an email, or by visiting the Web Site, you are communicating with us electronically. You agree to then to receive electronic communications from us, either by Internet, emails or by notices posted on the Web Site in accordance with the Policy. You agree that by electronically transmitting to you agreements, notices, information and other communications, we comply with any legal requirement that such communications be in writing.
3.Information Collected in the “Subscribe” Section
In the “Subscribe” section, Innovate Energy requests that you provide your first name, last name, email address, cell phone number and certain other information through a registration form. All this information is used to send you various information by email or instant messaging (SMS), if you so desire. If you so desire, you may delete your user profile from the ESAP Project (as defined below) newsletter, email alert or instant messaging (SMS) alert services by sending a written request to that effect to our Privacy Officer using the contact information provided in section 17 or by opting out of receiving further communications by clicking on the link at the bottom of each email communication. We will not charge any fees for using instant messaging notifications (SMS), but all text messages sent and/or received are subject to the rates of standard text messaging. In addition, sent and/or received text messages can be included in a monthly quota, like all other text messages. Standard text messaging costs can apply whether or not you send text messages. By registering for our instant messaging alert service, you agree to pay all fees that may be charged by your mobile operator. We invite you to contact your mobile phone operator for more details about your phone plan and applicable text messaging rates.
4.Information collected in the “Contact Us” section
In the “Contact Us” section, Innovate Energy requests that you provide your first name, last name, email address, telephone number and certain other information through a contact form. All this information is used to identify you and to send you by email or otherwise, if you so desire, an answer to your questions or requests submitted to Innovate Energy. If you so desire, you may delete your contact profile by sending a written request to that effect to our Privacy Officer using the contact information provided in section 17.
5.Cookies
We may use cookies to track your preferences and activities on the Web Site. Cookies are small data files that are transmitted to your computer's hard drive by a website. They record your preferences so that your subsequent visits to the website run more efficiently. Cookies can record a variety of information, including the number of times you visit a website, your registration information and the number of times you visit a page or other element of the Web Site. The use of cookies is a common practice on most major websites to improve customer service. Most browsers are designed to accept cookies, but they can easily be modified to block them; your browser's help files contain information about blocking cookies, detecting cookies that are sent to you and disabling them. You can also choose the exclusion option by clicking on the following link: networkadvertising.org/choices/. However, it is important for you to know that without cookies, you will not be able to access some of the functions of a website and therefore will not be able to take full advantage.
6.Other Information Collected
When you access the Web Site, as is the case for most Internet Sites, some information is automatically collected. In particular, it includes the country where you are accessing the Web Site, the domain name and IP address you are using to access the Web Site and your type of browser and operating system. Innovate Energy uses this information for statistical purposes to analyze traffic to the Web Site and to help make improvements.
7.Use of Personal Information
Innovate Energy may use your personal information to: (i) answer your questions and requests submitted through the contact form, including by email, (ii) subject to your express consent, contact you (by email or instant messaging) to provide you with alerts on the state of road traffic in the National Capital Region (Ottawa and Gatineau), such as street closures, diversions and other obstructions to road traffic, (iii) subject to your express consent, send you invitations to certain events, such as information sessions, surveys, or additional information about our partners, the Ottawa district energy system modernization project (the “ESAP Project”) and the Energy Services Acquisition Program (ESAP). As indicated above in section 3, you are free to choose not to receive any commercial message at any time. For clarity, we will not send commercial electronic or telephone messages without your express consent.
8.Social Media
You also have the opportunity to track the progress of the ESAP Project and the state of traffic in the Ottawa area in real time by tracking Innovate Energy's social media accounts (collectively, the “Social Media”), such as Facebook, Twitter, Instagram and YouTube. Icons leading directly to Social Media accounts will be available on the Web Site’s home page. Social Media accounts are managed by Innovate Energy's internal communications team. Innovate Energy will make every reasonable effort to respond to any comments or questions about Social Media within a reasonable time.
9.Protection of Personal Information
Innovate Energy has put in place reasonable physical and electronic measures to protect the information collected online, such as in particular putting in place firewalls, to prevent hacking and unauthorized access to your personal information.
10.Retention of Personal Information
Your personal information is stored in the secured database of the computer network (cloud) of one or more of our Partners (as defined in section 13) located in Canada.
11.Access to Personal Information
To access your personal information, we invite you to send a written request for access to our Privacy Officer using the contact information provided in section 17. Upon receipt of such a request for access, subject to certain exceptions, Innovate Energy will inform you of the existence, use and disclosure of your personal information and provide you with access to that personal information. When you request access to your personal information, we may ask you for specific information to confirm your identity and right of access, as well as to seek and provide the personal information we hold about you. Your right to access your personal information is not absolute. We are authorized or required by law or regulatory requirements to deny you access when (i) such access would prevent Innovate Energy from complying with a legal obligation; (ii) such personal information has already been destroyed because of legal requirements or because we no longer needed it for our business or commercial purposes; or (iii) such access would reveal personal information about a third party. In the event that we are unable to provide you with access to your personal information, we will inform you of the reasons, subject to legal or regulatory restrictions.
12.Correction or Modification of Personal Information
If you believe that your personal information is inaccurate, incorrect or incomplete, you must notify Innovate Energy by contacting our Privacy Officer using the contact information provided in section 17. You have the right to request that your personal information be corrected or updated. We may ask you to provide the necessary documentation to support your request for correction or update. If you have consented to the collection, use or disclosure of your personal information as described in the Policy, you may withdraw your consent at any time by contacting our Privacy Officer using the contact information provided in section 17.
13.Non-Disclosure of Personal Information
Except as provided in this Section 13, Innovate Energy does not disclose to third parties personal information gathered on the Web Site, unless Innovate Energy obtains your authorization to do so or in particular circumstances, for example, when the law requires it, in the context of judicial acts or in response to the request of authorities responsible for the application of the law. Moreover, Innovate Energy does not sell the list of Web Site users. Only employees of Innovate Energy's third party partners (collectively, the “Partners”) acting as subcontractors for communications management, including but not limited to the Web Site management and development, alert management and online request processing, have access to information that is collected through the Web Site as part of their duties. These employees have been instructed to comply with this privacy Policy and have the legal obligation to comply with.
14.Risks Associated with the Internet
Despite Innovate Energy’s efforts to ensure no third parties will access or obtain personal information concerning you through the Web Site, complete confidentiality and security cannot be guaranteed currently on the Internet. Communication via the Internet is subject to interception, loss or alteration. You acknowledge and agree that Innovate Energy cannot be held responsible for damages resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.
15.Hyperlinks to Other Web Sites
The Web Site may contain hyperlinks enabling users to visit sites maintained by other companies. Innovate Energy has no control over these sites and is not responsible for those listed on the Web Site. Any information you transmit to these sites will be subject to confidentiality policies applicable to those sites.
16.Modifications
Innovate Energy reserves the right to modify at any time this Policy without notice. You may consult it at any time on the Web Site. We will advise you of any forthcoming changes to this Policy by posting an update notice on the Web Site. If you continue to use the Web Site after a new version of this Policy has been posted, you are indicating your acceptance of the changes and are bound by these changes. It is incumbent upon you to examine this Policy regularly and the changes that will eventually be made to this Policy.
17.Questions
If you have any questions or requests regarding the Policy, please contact Innovate Energy's Privacy Officer at the following contact details: Julie D'Amore, julie.damore@equans.com Updated as of December 18, 2019