1085459 Ontario Ltd. o/a Kingston Online Services (“KOS”) provides telecommunications services to Customers (as defined below) including Internet access services. Throughout KOS’ interactions with Customers and Employees, we are committed to respecting the privacy, confidentiality and security of Personal Information.
Identifying purposes for collection of Personal Information
Obtaining consent for collection, use or disclosure of Personal Information
Limiting collection of Personal Information
Limiting use, disclosure and retention of Personal Information
Accuracy of Personal Information
Openness concerning policies and practices
Customer and Employee access to Personal Information
Breach of Security Safeguards
“Breach of Security Safeguards”: means the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of KOS’ security safeguards.
“Business Contact Information”: means any information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession and includes, without limitation, that individual’s:
Position name or title;
Work telephone number;
Work fax number; or
Work email address.
“Business Transaction”: means a transaction that excludes a business transaction of which the primary purpose or result is the purchase, sale or other acquisition or disposition, or lease of Personal Information and includes:
the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
the merger or amalgamation of two or more organizations;
the making of a loan or provision of other financing to an organization or a part of an organization;
the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
the lease or licensing of any of an organization’s assets; and
any other prescribed arrangement between two or more organizations to conduct a business activity.
“Customer”: means an individual who: (a) has an account with KOS; (b) subscribes for, uses, has used, or applies to use KOS products and/or services; (c) corresponds with KOS; and/or (d) is a Web Site User;
“Employee”: means an individual who: (a) is an employee of KOS; and/or (b) is an applicant for employment with KOS.
“Personal Information”: means information about an identifiable individual, including a Customer or Employee, but does not include aggregated information that cannot be associated with a specific individual.
Personal Information includes, without limitation an individual’s:
Residential mailing address;
Credit and financial information;
KOS service and product records;
“Significant harm”: means bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.
“KOS”, “we”, “our”: means 1085459 Ontario Ltd. o/a Kingston Online Services, its parents, subsidiaries, affiliates and their respective officers, directors, agents, suppliers, resellers and distributors;
“KOS Website”: means a website owned, controlled or managed by KOS, including the following domain: www.kos.net;
“Web Site User”: means a user of KOS Websites from which KOS collects Personal Information;
By mail at: Privacy Officer
THE LASALLE MEWS
303 Bagot Street, 16A
Kingston, ON K7K 5W7
By email at: *
By phone at: *
2.1 KOS shall identify orally, electronically or in writing, the purposes for which Personal Information is collected at or before the time the information is collected. Unless required by law, KOS shall not use or disclose for any new purpose Personal Information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the Customer or Employee.
2.2 We may ask for Personal Information only for the following purposes:
To establish and maintain a responsible commercial relationship;
To allow us to provide ongoing services and support;
To bill for and collect payment for KOS services and products;
To manage, develop and market KOS’ network, business and operations;
To manage personnel and employment matters;
To meet legal and regulatory requirements;
To obtain credit information or provide it to others;
For any other purpose with explicit consent.
3.1. KOS requires Customers’ and Employees’ knowledge and consent for the collection, use or disclosure of Personal Information, except in the circumstances described in Sections 3.3 through 3.6 below, where knowledge or consent would be inappropriate.
3.2 In general, implied consent for KOS to collect, use and disclose Personal Information for all identified purposes is obtained in the following circumstances: (1) when a Customer applies for KOS services or products; (2) when a Customer uses KOS services or products; (3) when an individual submits an application for employment with KOS; or (4) when an Employee accepts employment or benefits from KOS. Notwithstanding, KOS shall seek consent to use and disclose Personal Information at the same time it collects the information. However, KOS may seek consent to use and disclose Personal Information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 KOS may collect, use or disclose Personal Information without a Customer’s or Employee’s knowledge or consent only in the following, exceptional circumstances:
Where it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is a minor, seriously ill or mentally incapacitated;
Where it is in relation to the investigation of a breach of an agreement;
Where it is necessary to assess, process or settle an insurance claim;
Where it is to a lawyer representing KOS;
Where it is to collect a debt;
Where it is to comply with a subpoena, warrant or other court order;
Where it is produced by an Employee in the course of their employment and the collection, use or disclosure is consistent with the purposes for which the information was produced;
Where it is for any other purpose otherwise required by law;
In the case of an emergency where the life, health or security of an individual is threatened; or
If a Breach of Security Safeguards has occurred and disclosure to an organization or government institution that has been notified of the breach is made solely for the purpose of (1) reducing the risk of harm to the individual that could result from the breach; or (2) mitigating that harm.
3.4 KOS may also disclose Personal Information without a Customer’s or Employee’s knowledge:
For the purposes of investigating a breach of an agreement or contravention of a law that has been, is being or is about to be committed;
Detecting or suppressing fraud or of preventing fraud that is likely to be committed.
and it would be reasonable to expect that disclosure with the knowledge or consent of an individual would compromise the investigation or the ability to prevent, detect or suppress the fraud.
3.5 KOS may also use and disclose Personal Information without a Customer’s or Employee’s knowledge in the context of a prospective Business Transaction if:
KOS and the other entity(ies) involved in the prospective Business Transaction have entered into an agreement that requires the organization that receives Personal Information:
To use and disclose that information solely for purposes related to the Business Transaction;
To protect that information by security safeguards appropriate to the sensitivity of the information; and
If the Business Transaction does not proceed, to return that information to the organization that disclosed it, or destroy it, within a reasonable time; and
The Personal Information is necessary
To determine whether to proceed with the Business Transaction; and
If the determination is made to proceed with the transaction, to complete it.
3.6 If a prospective Business Transaction that is referred to in Section 3.5 is completed, the organizations that are party to that Business Transaction may use and disclose Personal Information, which was disclosed in accordance with Section 3.5, without the knowledge or consent of the Customer or Employee if:
The organizations have entered into an agreement that requires them to:
Use and disclose the Personal Information under their respective control solely for the purposes for which the Personal Information was collected, permitted to be used or disclosed before the Business Transaction was completed;
To protect the Personal Information by security safeguards appropriate to the sensitivity of the information; and
To give effect to any withdrawal of consent by a Customer or Employee; and
The Personal Information is necessary for carrying on the business or activity that was the object of the Business Transaction; and
One of the parties notifies the Customer or Employee, within a reasonable time after the transaction is completed, that the Business Transaction has been completed and its Personal Information has been disclosed.
3.7 In obtaining consent, KOS shall use reasonable efforts to ensure that the Customer or Employee is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Customer and Employee.
3.8 KOS will require consent for the collection, use or disclosure of Personal Information as a condition of the supply of a service or product only if such collection, use or disclosure is required to fulfill the identified purposes.
3.9 In determining the appropriate form of consent, KOS shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers and Employees.
3.10 A Customer or Employee may withdraw or vary consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers and Employees may contact KOS at the contact coordinates listed in Section 1.1 for more information regarding the implications of withdrawing or varying consent.
4.1 KOS shall limit the collection of Personal Information to that which is necessary for appropriate purposes identified by KOS. KOS shall collect Personal Information by fair and lawful means.
4.2 KOS collects Personal Information primarily from its Customers and Employees, as opposed to third parties.
4.3 KOS may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
5.1 KOS shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the individual or in the circumstances listed under Section 3.3, above. KOS shall retain Personal Information only as long as necessary for the fulfillment of those purposes or as required by law.
5.2 Internally, only KOS employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about Customers and Employees.
5.3 In addition, KOS may disclose a Customer’s Personal Information, in accordance with all applicable CRTC regulations, to:
In addition, KOS may disclose an Employee’s Personal Information to:
An entity for regular personnel and benefits administration;
An Employee’s prospective employer for the purpose of providing a reference; and
5.5 KOS shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous within a reasonable period of time after KOS no longer reasonably requires the Personal Information for legal or business purposes.
6.1 KOS shall strive to keep Personal Information within its possession or control as accurate, complete, and up-to-date as is necessary to: (1) appropriately utilize that Personal Information for the purposes for which it was collected; and (2) minimize the likelihood that inappropriate information may be used to make a decision about a Customer or Employee.
6.2 KOS shall update Personal Information about Customers and Employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
7.1 KOS shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.2 KOS shall strive to protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. KOS shall protect the information regardless of the format in which it is held.
7.3 KOS shall utilize technological, contractual and other means to provide an appropriate level of protection for Personal Information that is disclosed to third parties for processing.
7.5 KOS may store and process Personal Information in Canada or another country. In either case, the Personal Information is protected with appropriate security safeguards and subject to the privacy laws and regulations of the host jurisdiction.
7.6 While the majority of KOS’s data traffic is routed domestically, some traffic may be routed through other jurisdictions while in transit.
8.2 KOS shall make information about its policies and practices as accessible and easy to understand as possible, including:
the contact information for forwarding any privacy complaints;
the means of gaining access to one’s own Personal Information held by KOS; and
a description of the type of Personal Information held by KOS.
8.4 KOS will make available information to assist Customers and Employees in exercising choices regarding the use of their Personal Information.
9.1 KOS shall inform a Customer and Employee of the existence, use, and disclosure of his or her Personal Information upon request, subject to the limitations described in Section 9.3, below.
9.2 Customers and Employees can seek access to their Personal Information by contacting the Privacy Officer(s) at the coordinates listed in Section 1.1. KOS shall afford Customers and Employees a reasonable opportunity to review the Personal Information in the individual’s file, subject to the limitations described in Section 9.3, below. Personal Information shall be provided in understandable form within a reasonable time and at a minimal or no cost to the individual. Customers and Employees may identify any issues with the accuracy or completeness of the information provided and KOS will amend it as needed.
9.3 In certain situations, KOS may not be able to provide access to all the Personal Information that it holds about a Customer or Employee. For example, KOS may not provide access to information if doing so would likely reveal Personal Information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, KOS may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor – client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement, or a contravention of federal, provincial or foreign laws and / or regulations. If access to Personal Information cannot be provided, KOS shall provide the reasons for denying access upon request unless prevented from doing so by lawful means.
9.4 Upon request, KOS shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of use, KOS will provide information about the purposes for which the Personal Information has been and is being used by the organization. In providing an account of disclosure, KOS shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.
9.5 In order to safeguard Personal Information, a Customer or Employee may be required to provide sufficient identification information to permit KOS to account for the existence, use and disclosure of Personal Information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
10.2 Unless prohibited by law, KOS shall, as soon as feasible, notify an individual of any Breach of Security Safeguards involving the Customer’s or Employee’s Personal Information under the organization’s control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the individual. The notification will allow the individual to understand the significance of the breach and to take steps, if any are possible, to reduce the risk of harm that could result from it or to mitigate that harm.
10.3 In assessing whether there exists a real risk of significant harm, KOS will consider factors including:
the sensitivity of the Personal Information involved in the breach;
the probability that the Personal Information has been, is being or will be misused; and
any other prescribed factor.
10.4 KOS shall, as soon as feasible, notify any other organization, government institution or part of a government institution of a Breach of Security Safeguards if it believes that the other organization or government institution may be able to reduce the risk of harm that could result from it or mitigate that harm.
10.5 KOS shall keep and maintain a record of every Breach of Security Safeguards involving Personal Information under its control for a period of 24 months after the day on which KOS determines that the breach has occurred.
11.1 A Customer or Employee may address a challenge concerning compliance with the above principles to the Privacy Officer(s) by using the contact coordinates listed in Section 1.1.
11.2 KOS shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers and Employees about KOS’s handling of Personal Information.
11.3 KOS shall inform its Customers and Employees about the existence of these procedures as well as the availability of complaint procedures.
11.5 A Customer or Employee may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376 or firstname.lastname@example.org), and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer or Employee is encouraged to use KOS’ internal information and complaint procedures first.