MyTerms Network (“MyTN”) owns and operates an online portal myCELLmyTERMS.com (the “Portal”), whereby mobile and cellular telephone users (“Users”) set out the terms and parameters of mobile phone plans they are seeking (“Proposals”) and mobile and cellular telephone dealers who are registered dealers (“Dealers”) may bid on Users’ Proposals with the objective that the User and Dealer enter into a transaction for the provision of mobile and/or cellular telephone services (“Transaction”).
We respect our Users (“You”/”Your”) rights with respect to our collection of your Personal Information (as defined below). Personal Information collected by us will be kept strictly confidential and will only be collected, used and disclosed as provided for in this policy or as otherwise specifically consented to by You. The policy will apply to and protect Personal Information collected by MyTN, except information that is aggregated in such a manner that it cannot be connected to a person and/or information which is publicly listed in a written or online directory or typically made available through directory assistance.
For the purposes of this policy, “Personal Information” means information about an identifiable individual that is recorded in any form, but does not include aggregated information that can be associated with a specific User, which is aggregated in such a manner that it cannot be connected to him/her and/or information which is publicly listed in a written or online directory or typically made available through directory assistance.
MyTN’s policy applies to Personal Information about identifiable MyTN Users that is collected, provided, used or disclosed to MyTN in connection with Your use of the Portal (the “Services”). It also applies to the management of Personal Information in any form whether oral, electronic or written.
Personal information which may fall under the policy may include but is not limited to:
- User registration information, including your name, date of birth, gender, physical address, email address and phone number;
- Information disclosed by You regarding your Proposals;
- User names and passwords;
- Voluntary credit rate information (disclosed by You); and
- Lifestyle preferences, including education levels.
Collection of Personal Information
In using the Portal and providing You with the Services, you will have the option to post and upload information to the Portal regarding the terms and parameters of mobile phone plans You are seeking, including, but not limited to price, term length, features, provider information, number of phones and device type (“User Content”). Any User Content You post and upload onto the Portal can be viewed by any Dealer.
However, aside from User Content, any other Personal Information, such as user name and contact information, will only be disclosed to a Dealer once you have granted permission by accepting a Dealer offer in response to Your Proposal.
Otherwise, we only collect Personal Information that You consciously provide us as we provide you with the Services, such as registration information. We may also collect Personal Information if you contact us, through e-mail, telephone conversations or the completion of forms, for support and other inquiries.
Principle #1 – Accountability
MyTN is responsible for Personal Information under its control and has designated its Privacy Officer as accountable for the company’s compliance with the following principles.
- MyTN shall make known, upon request, the title of the person or persons designated to oversee MyTN’s compliance with this policy.
- MyTN is responsible for Personal Information in its possession or custody, including information that has been transferred to a third party for processing. MyTN shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
- MyTN shall implement policies and practices to give effect to these principles:
- Implementing procedures to protect Personal Information;
- Establishing procedures to receive and respond to complaints and inquiries;
- Training staff and communicating to staff information about the organization’s policies and practices; and
- Developing information to explain the organization’s policies and procedures.
Principle #2 – Identifying Purposes
Where appropriate, MyTN will identify the purposes for which Personal Information is collected at or before the time the information is collected.
- 1. MyTN collects Personal Information only for the following purposes:
- To provide Services to You;
- To establish and maintain responsible commercial relations with Users and to communicate with its Users (which will include, but not be limited to: advertising, promotion and account verification);
- To understand User needs and preferences;
- To meet legal and regulatory requirements; and
- To administer and manage its business operations.
- Except where the collection of Personal Information is reasonably necessary in order to carry out the express wishes of the User (including User Content), MyTN shall specify orally, electronically or in writing the identified purposes to the User at or before the time Personal Information is collected.
- Persons collecting Personal Information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at MyTN who will explain the purposes.
- Unless required by law, MyTN shall not use or disclose Personal Information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining the consent from You, where such consent may not reasonably be implied.
Principle #3 – Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of Personal Information, except in certain circumstances as described below:
- In certain circumstances, Personal Information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information.
- Where appropriate, MyTN will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when MyTN wants to use information for a purpose other than those identified above).
- In obtaining consent, MyTN will use reasonable efforts to ensure that You are advised of the identified purposes for which Personal Information collected will be used or disclosed.
- The form of consent sought by MyTN may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, MyTN shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Users and employees.
- MyTN will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. Your use of the Services, including uploading User Content, will be considered implied consent to collect, use and disclose Personal Information for all identified purposes.
- You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. MyTN will inform the individual of the implications of such withdrawal. In order to withdraw consent, You must provide notice to MyTN in writing.
Principle #4 – Limiting Collection
The collection of Personal Information will be limited to that which is necessary for the purposes identified by MyTN. Information will be collected by fair and lawful means.
- MyTN collects Personal Information from its Users for the purposes described under Principle #2.
Principle #5: Use and Retention of Personal Information
Any Personal Information collected by us will be used solely for the purposes of carrying on our internal business affairs and providing MyTN Services to You, and other services as You may request and authorize from time to time. Personal Information will be retained only as long as necessary for the fulfillment of those purposes.
- MyTN may collect, use or disclose Personal Information without Your knowledge or consent in certain circumstances as described in Principle #3.1.
- MyTN may disclose Your Personal Information to:
- a Dealer who you wish to enter into a Transaction with, as described above;
- an MyTN affiliated company; and
- any other third party, upon receiving Your consent or as required by law.
- Only MyTN’s employees with a business need to know, or whose duties reasonably so require are granted access to Your Personal Information.
- Personal Information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by MyTN.
- We do not currently convey Your or Your Users’ Personal Information to third parties for the purposes of outsourcing MyTN Services or other storage or processing. To the extent that may occur in the future, MyTN commits to contractually bind such entities to abide by the fundamental terms of this policy and applicable laws, including with respect to their capability to use, disclose and retain such Personal Information.
- Except as provided for in this policy, we will not sell, rent, lease, commercially exploit or otherwise disclose Your Personal Information or data to third parties unless: (i) required by law or to cooperate with any bona fide legal investigation; (ii) required to protect the legal interests of MyTN, including for credit checking and collection purposes, as applicable; or (iii) You provide consent to such disclosure.
Principle #6 – Accuracy
MyTN shall ensure that Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
- MyTN will update Personal Information as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle #7 – Security
Personal Information will be protected by security safeguards appropriate to the sensitivity of the information.
- Any Personal Information in our possession is stored electronically, either on our server or on other electronic storage media that may be retained as part of Your files or otherwise.
- We have security measures in place to protect against the loss, misuse, access to or alteration of Your Personal Information and data under our control.
- We operate computer networks that are protected by industry standard firewalls and password protection. Appropriate physical and managerial security is also in place. including but not limited to the execution by our employees of a confidentiality/non-disclosure agreement as a standard practice of our hiring and employment.
- MyTN will protect Personal Information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
- While we cannot guarantee that loss, misuse or alteration to Your data will not occur, we will use our resources and expertise to attempt to prevent such occurrences.
- We commit to providing a minimum of an annual review and training with respect to this policy among our staff with potential access to Your Personal Information.
Principle #8 – Openness
MyTN will make readily available to You information about its policies and practices relating to the management of Personal Information.
- MyTN will make information about its policies and practices easy to understand, including:
- the title and address of the person(s) accountable for MyTN’s compliance with the policy and to whom inquiries or complaints can be forwarded;
- the means of gaining access to Personal Information held by MyTN; and
- a description of the type of Personal Information held by MyTN.
Principle #9 – Access
Upon request, MyTN will inform you of the existence, use and disclosure of Your Personal Information. You may challenge the accuracy and completeness of the information and have it amended as appropriate.
NOTE: In certain situations, MyTN may not be able to provide access to all of the Personal Information it holds about You. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. MyTN will provide the reasons for denying access upon request.
- You may access or inquire about Your Personal Information in our possession at any time during our business hours. The Personal Information requested will be provided within a reasonable time, and at a minimal or no cost to You.
- You always have the right to request that we delete, destroy, return, amend or update Your Personal Information in our possession as You may direct, subject to reasonable notice.
- MyTN will be specific as possible in providing an account of third parties to which it has disclosed Your Personal Information. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, MyTN will provide a list of organizations to which it may have disclosed
Principle #10 – Challenging Compliance
In the event of any dispute, complaint or problem with respect to this policy and related MyTN practices, a definitive procedure for resolution has been established as outlined below. MyTN is committed to resolving any such issues promptly, justly, objectively and, where possible, confidentially.
A written outline of the issue should be forwarded directly to the Privacy Officer of MyTN, who in turn will investigate, examine and evaluate all the facts. On the information gathered and other related details, a formal written decision will be completed and will be forwarded to You within 30 days of the Privacy Officer’s receipt of Your complaint. During investigation of the issue, it may be necessary for further Personal Information to be shared with the Privacy Officer or other appropriate parties internal or external to MyTN. In all cases, MyTN will remain responsible for the protection of all such Personal Information.
You may also contact the office of the Privacy Commissioner of the federal government if You are dissatisfied with the implementation of the policy by MyTN.
Notification of changes