Privacy Policy

APPLICABILITY OF PRIVACY POLICY

This privacy policy (“Privacy Policy”) adopted by EquiGenesis Corporation (“EquiGenesis”) informs of the way EquiGenesis ensures that privacy and the confidentiality of personal information are protected in accordance with legislative requirements.

This Privacy Policy applies to protect the personal information, in its possession and control, of all its employees, clients and any other individual from which EquiGenesis may acquire personal information in the course of its business.

EquiGenesis, its key personnel and its employees (where applicable) shall not collect, use or disclose personal information except in accordance with this Privacy Policy.

WHAT IS PERSONAL INFORMATION?

Personal information is any piece of information, either factual or subjective, about an identifiable individual. Personal information does not include the name, title, business address, or telephone number of an employee of an organization.

WEBSITE POLICIES

This section relates specifically to personal information EquiGenesis collects through its website located at www.equigenesis.com (the “Website”).

• What Personal Information About Visitors Does EquiGenesis Gather?
• Information You Give Us: We receive and store some information you enter on our Website. Examples of information we collect include information you provide in order to review materials related to current products, utilize our online calculation spreadsheets or communicate with us by phone, e-mail, or otherwise. As a result of those actions, you might supply us with information such as your name, address, emails, financial information and requests for further information. You can choose not to provide certain information, which may limit your access to certain areas and features of the Website. 
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses the Website. Examples of the information we may collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information, such as browser type, version and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

What About Cookies?

• Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser, to enable our systems to recognize your browser and to provide certain features.
• The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Website’s features, we recommend you leave them turned on.

Are Children Allowed to Use the EquiGenesis Website?

EquiGenesis does not sell products for purchase by children. If you are under 18, you may not use or access the Website.

Conditions of Use, Notices, and Revisions

If you choose to visit the Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of the law of the Province of Ontario. Our business changes constantly, and our Privacy Policy and the Terms of Use will change also. You should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.

THE 10 PRINCIPLES OF PRIVACY

EquiGenesis’ Privacy Policy consists of the following ten key principles.

1. Accountability

Each employee and representative of EquiGenesis (“EquiGenesis Personnel”) is responsible for the personal information under his or her control. All EquiGenesis Personnel shall be informed about the importance of privacy and shall receive information periodically to update them about EquiGenesis’ Privacy Policy and related policies.  All EquiGenesis Personnel are required to sign a Confidentiality Agreement as a condition of employment. This agreement is signed prior to the employee’s hiring by EquiGenesis and is re-signed in January of each subsequent year of employment.

In addition to establishing this Privacy Policy, EquiGenesis has appointed its President, Kenneth Gordon, as the officer responsible for privacy compliance, although other individuals within EquiGenesis may have responsibility for the day to day collection and processing of personal information. In addition, other individuals within EquiGenesis may be delegated from time to time to act on behalf of the President with respect to personal information. The President is responsible for analyzing all personal information handling practices at EquiGenesis, and ensuring that its privacy policy is up-to-date and in force at all times.  The President may be contacted by e-mail at kgordon@equigenesis.com, by telephone at (416) 515-2922, by facsimile transmission at (416) 515-1012, or by registered mail addressed to EquiGenesis at:

President
EquiGenesis Corporation
Suite 1202, 2 St. Clair Ave. E.
Toronto, Ontario M4T 2T5

EquiGenesis is responsible for any personal information under its control, including personal information that EquiGenesis may transfer to a third party for processing. EquiGenesis will use contractual or other means to provide a comparable level of privacy protection when personal information is being processed by a third party on EquiGenesis’ behalf.

2. Identifying Purposes:  Why Information is Collected

Whenever EquiGenesis collects information about an individual, it will explain how it intends to use it, either at that time or earlier. EquiGenesis will limit the information it collects to what it needs for those purposes, and will use it only for those purposes.  EquiGenesis will obtain an individual’s consent if it wishes to use that individual’s information for any other purpose.

EquiGenesis asks an individual for information to establish a relationship and serve the individual. EquiGenesis obtains most of its information about an individual directly.

EquiGenesis collects, uses, and discloses personal information for the following purposes:

• establishing and maintaining communications with the individual;
• providing and servicing exempt market products and services that it believes are right for the individual, over his/her lifetime;
• understanding the individual’s needs, determining his/her eligibility, continuing to offer the individual the full range of products and services that EquiGenesis believes meets his/her changing needs and to service such products and services;
• meeting regulatory or contractual requirements relating to the products and services provided to the individual.

Some or all of the personal information that EquiGenesis collects, uses, and discloses may be stored and processed on computers located in Canada, and/or other countries in which EquiGenesis, or any of its affiliates does business or maintains facilities.

If EquiGenesis plans to use or disclose personal information which it has collected for a purpose not previously identified, EquiGenesis will identify and document this purpose. EquiGenesis will make a reasonable effort to specify such new purpose, either orally, in writing, by e-mail, or by electronic means, to the individual from whom the personal information was collected before such new use or disclosure. EquiGenesis will state the new purpose in such a manner that an individual can reasonably understand how the personal information will be used or disclosed.

3. Consent

EquiGenesis seeks and confirms the consent of any individual to use his or her personal information at the time of collection or in advance. EquiGenesis will endeavour to employ clear, understandable language when it obtains your consent.

Consent may be expressed in writing or implied, and in some cases, an individual may provide it verbally, electronically or through his or her authorized representative, such as a lawyer. Written consent includes completing and signing a form of consent. Implied consent may be found where an individual chooses to accept services from EquiGenesis after being made aware of its intentions to collect, use or disclose the individual’s personal information.

The way in which EquiGenesis will seek consent, including whether express or implied consent is sought, may vary depending on the sensitivity of the personal information and the reasonable expectation of the individual supplying it.  Typically, EquiGenesis will seek consent for the collection, use, and disclosure of personal information at the time it is collected. In certain circumstances, EquiGenesis may seek consent after the personal information has been collected but before it uses or discloses same (such as when it wishes to use personal information for a purpose not previously identified by it).

The choice to provide EquiGenesis with personal information is always up to the individual. Upon request, EquiGenesis will explain an individual’s options of refusing or withdrawing consent to the collection, use and release of his or her information, and EquiGenesis will record and respect the individual’s written choices. However, an individual’s decision to withhold particular details may limit EquiGenesis’ ability to offer its services.  This measure is necessary to protect the integrity of the services offered by EquiGenesis. Furthermore, any refusing or withdrawing of consent is always subject to any overriding legal requirements or commitments.

4. Limiting Collection

Information is not collected by EquiGenesis without a specific, limited requirement. EquiGenesis collects information by fair and lawful means.

5. Limiting Use, Disclosure and Retention

The information EquiGenesis requests from an individual is used for the purposes defined. EquiGenesis will seek an individual’s consent before using the informa¬tion for purposes beyond the scope of his or her original consent.

EquiGenesis will retain an individual’s information only for the time it is required for the purposes it describes. Once the personal information is no longer required, it will be destroyed, erased or made anonymous.

6. Accuracy

All decisions involving personal information should be based on accurate and timely information. EquiGenesis will rely on individuals to disclose all material information and to inform it of any relevant changes.

EquiGenesis will use its best efforts to ensure that personal information under its control is accurate, complete, and up-to-date as is necessary for the purposes for which it is used. The extent to which EquiGenesis will ensure that such personal information will be accurate, complete and up-to-date will be dependent upon the use such personal information will be put to, taking into account the interests of the individual.

7. Safeguards: Protecting Individual Information

EquiGenesis will protect an individual’s information with appropriate safeguard and security measures against loss or theft, as well as against unauthorized access, disclosure, copying, use, or modification, regardless of the format in which the personal information is held.

EquiGenesis maintains personal information in a combination of paper and electronic files. Records concerning individuals’ personal information may be stored in files kept on site at head office or at an offsite, storage facility.

Access to personal information will be authorized only for EquiGenesis Personnel who require access in the performance of their duties and to any person granted access by the individual through the consent process, and to those otherwise authorized by law.

When providing information to any person acting on EquiGenesis’ behalf, EquiGenesis will require such person to abide by this Privacy Policy. EquiGenesis will give them only the information necessary to perform the duties for which they are engaged, and will require that they not store, analyze or use that information for purposes other than to carry out those duties.

8. Openness: Keeping the Individual Informed

EquiGenesis has prepared this plain-language Privacy Policy to keep all individuals to which this policy applies informed.

If an individual has any additional questions or concerns about privacy, EquiGenesis invites the individual to contact the President by phone, fax, mail, or e-mail, and EquiGenesis will address the individual’s concerns to the best of its ability.

9. Providing Individual Access

EquiGenesis will give an individual access to the information it retains about that individual within a reasonable time, with a written request, satisfactory identification and proof of entitlement. EquiGenesis will assist any individual who needs assistance in completing such request subject to the individual providing sufficient information to permit EquiGenesis to provide an account of the existence, use, and disclosure of personal information under its control. An individual also has the right to know:

• how EquiGenesis collected the personal information;
• how EquiGenesis is using it; and
• to whom it may have been disclosed, except where such disclosure was to a governmental body.

While EquiGenesis’ response will typically be provided at no cost to the individual, EquiGenesis reserves the right, depending on the nature of the request and the personal information involved, to charge the individual for its costs to process each such request. If it does so, such costs must be paid to EquiGenesis by the individual in advance of it beginning to process such request.

If an individual finds any errors in this information, he or she should contact the Chief Privacy Officer as soon as possible (by phone, fax, mail or e-mail), and EquiGenesis will make the appropriate corrections immediately, based on the receipt of satisfactory evidence.

In some cases EquiGenesis may not provide access to personal informa¬tion within its possession or control. These exceptions will be limited to those permitted or required by law. This may occur when:

• providing access would be likely to reveal personal information about a third party or could pose a threat to the security of the third party, and the information cannot be segregated;
• disclosure would reveal confidential commercial information of EquiGenesis;
• it would be too costly, in EquiGenesis’ determination, to retrieve it;
• the personal information is protected by solicitor-client privilege; or
• the information has been collected during the investigation of a legal matter or cannot be disclosed for other legal reasons, such as a non-disclosure agreement.

If EquiGenesis denies an individual request for access to his or her personal information, EquiGenesis will advise in writing of the reason for the refusal and the individual may then challenge EquiGenesis’ decision.

10. Providing Recourse: Respecting and Responding to Individual Privacy Concerns

An individual may send a challenge concerning EquiGenesis’ compliance with any of the privacy principles to our President. The President may be contacted by e-mail, telephone, facsimile or registered mail as noted above.

EquiGenesis will review, consider, and investigate all written privacy complaints which it receives. The challenge should include the individual’s name, company name, company address, and/or email address if the individual contacts EquiGenesis by e-mail, by facsimile transmission, or by registered mail. If EquiGenesis finds the complaint to be justified, EquiGenesis will take such action as is appropriate to comply with the Privacy Principles.

If the issue is still not resolved satisfactorily, EquiGenesis will provide information on other complaint procedures that may be available to the individual.

CONCLUSIONS

Any changes to this Privacy Policy and information handling practices shall be acknowledged in this Privacy Policy in a timely manner. EquiGenesis may add, modify or remove portions of this Policy when it determines it is appropriate to do so. An individual may determine when this Policy was last updated by referring to the modification date found on the version of the Policy.