Effective Date: March 1, 2018
Falcongate Ltd., doing business as Falcongate Ltd. (“Falcongate Ltd.“, “our”, “we”, “us”, etc.), is the owner of the Falcongate Ltd. website and associated services, which consist primarily of information about our services concerning the investigation and consultation of workplace harassment, discrimination, and other inappropriate behaviour.
Falcongate Ltd. is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to Falcongate Ltd..
Among other things, this Policy describes our obligations and practices under the Personal Information Protection Act (Alberta) (“PIPA“) and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA“), as applicable. Personal information we collect, use and disclose is generally processed in Alberta, so in most, if not all cases, PIPA will be the applicable legislation.
This Policy applies only to individuals and does not apply to information about corporations or other legal entities other than individuals. While Falcongate Ltd. respects its obligations of confidence to legal entities other than individuals, only individuals have rights of privacy.
In this Policy, the following terms have the following meanings:
- Business contact information means an individual’s name and position or title as an official or employee of an organization, as well as their business telephone number, business address, business e-mail, business fax number and other business contact information.
- Collection of personal information means obtaining personal information from any source, including the individual themselves and any third party.
- Disclosure of personal information means allowing or providing access to all or part of the personal information. Disclosure will generally be external to Falcongate Ltd..
- Personal information means information about an identifiable individual, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified. Personal information also does not include business contact information, as long as business contact information is used to contact an individual in their capacity as an employee or official of an organization, and for no other purpose.
- Use of personal information means processing or utilizing such information in any manner, including but not limited to using such information to contact the individual. Use includes accessing the information, retaining the information, and how long the information is retained. Use will generally be internal to Falcongate Ltd..
Privacy and our website
We do not collect any personal information from you when you simply visit our website at https://falcongate.ca other than cookies which are small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics.
As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
However, you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and you “IP” or internet address, which may identify your Internet Service Provider or computer but not the person using it.
If you do proceed to provide us with personal information, such that anonymous information may no longer be anonymous, and it may then become personal information subject to this Policy.
If you voluntarily submit personal information to us by email or other online means for purposes of obtaining information or other interaction or communication with us, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information.
Please be advised that the Internet and email are inherently insecure media, and we cannot and do not take responsibility for the security or privacy of personal information in transit over the Internet.
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be and are not responsible for such third parties or their websites.
Sources and subjects of personal information
Falcongate Ltd. generally collects, uses, and discloses personal information about the following types of individuals:
- Employees and independent contractors (where such contractors are individuals) of Falcongate Ltd. for the purposes of establishing, managing and terminating employment and contractor relationships.
- Shareholders and investors in Falcongate Ltd., both current and prospective or potential;
- Directors and officers of Falcongate Ltd., both current and prospective or potential;
- Customers and clients of Falcongate Ltd., both current and prospective or potential;
- Suppliers to Falcongate Ltd., both current and prospective or potential, where such suppliers are individuals; and
- Other individuals who may voluntarily choose to provide Falcongate Ltd. with personal information.
Except in the case of employees, Falcongate Ltd. does not knowingly collect, use or disclose personal information about individuals under the age of eighteen years. Falcongate Ltd. may enter into employment relationships with students or other employees under the age of eighteen.
Where practical, we try to collect personal information directly from the person to whom the information pertains. Where necessary, we collect personal information from other sources.
When collecting personal employee information from other sources, or when using or disclosing the personal information we have collected, we will, where legally required, first obtain the consent of the individual.
Notification and consent
Subject to this Policy and applicable legislation, we will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection. It is the policy of Falcongate Ltd. to obtain consent of individuals at or before the time their personal information is collected, unless applicable law provides otherwise.
It is the general policy of Falcongate Ltd. to not use or disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the requirement for consent as described in this Policy.
In certain circumstances, specifically those set out in applicable legislation, the law does not require that Falcongate Ltd. obtain consent or provide notification. Falcongate Ltd. reserves all its rights to rely on any available statutory exemptions and exceptions.
Exceptions to the requirement for consent
Falcongate Ltd. may collect, use or disclose personal information without consent in circumstances that include but are not limited to the following:
- Where a reasonable person would consider that the collection, use or disclosure of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- Where the collection, use or disclosure of the information is pursuant to a statute or regulation of either Alberta or Canada that authorizes or requires its collection, use or disclosure;
- Where the collection of the information is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to Falcongate Ltd., and, with respect to use or disclosure by us, we are then authorized or required to use or disclose the personal information;
- Where the collection, use or disclosure of the information is reasonable for the purposes of an investigation or a legal proceeding;
- Where the information is publicly available;
- Where the collection, use or disclosure of the information is necessary in order to collect a debt owed to Falcongate Ltd. or for Falcongate Ltd. to repay to an individual money owed by Falcongate Ltd.;
- With employees, there are certain circumstances related to personal employee information where consent is not necessary but notification may be required. See the section entitled “Employees” below.
- In certain circumstances, where the information may be disclosed without consent, it may also be used without consent.
Falcongate Ltd. will in all cases collect, use and disclose personal information as required by applicable law, which includes, but is not limited to, the laws related to shareholders in corporations, and directors and officers of corporations. It is also the policy of Falcongate Ltd. to cooperate to the full extent permitted or required by law with law enforcement and governmental agencies requesting disclosure of personal information in the custody or control of Falcongate Ltd..
In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If you provide personal information to us voluntarily, we will rely on deemed consent and consider that you consent to our collection, use or disclosure of your personal information as necessary to carry out the purposes for which you provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, Falcongate Ltd. will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, Falcongate Ltd. will try to collect personal information directly from you. Where necessary, Falcongate Ltd. will collect personal information from other sources. When Falcongate Ltd. collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not legally required, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
Why and how we collect, use and disclose personal information
Falcongate Ltd. generally collects, uses, and discloses personal information for the following purposes:
- Shareholders and investors: Falcongate Ltd. is required by applicable laws and regulatory authorities to collect, use, and disclose certain information with respect to its shareholders. Falcongate Ltd. also collects, uses, and discloses personal information about its investors and shareholders to establish, maintain and termination relationships with them, and to communicate with and interact with its investors and shareholders.
- Directors: Falcongate Ltd. is required by applicable laws and regulatory authorities to collect, use, and disclose certain information with respect to its directors. Falcongate Ltd. also collects, uses, and discloses personal information about its directors and officers in order to manage its business and establish, maintain and terminate its relationships with those individuals.
- Customers and clients: Falcongate Ltd. collects, uses, and discloses personal information about its individual customers and clients for reasonable purposes in order to establish relationships, manage relationships, and manage the end or termination of relationships with customers and clients.
The types of personal information, and other information, that Falcongate Ltd. may collect, use or disclose with customers or clients may include:
- name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, e-mail address, your forwarding address, previous address(es), payment information (for billing purposes), delivery instructions, and individual customer service preferences;
- The purposes for which we may collect, use or disclose personal information about customers or clients include providing services, products, or information, processing payments or credits, sending information that we believe may be of interest, detecting and preventing errors or illegal or unlawful activities, conducting surveys and learning more about our customers and clients in order to better serve them, engaging in business transactions and financings, providing financial and other information to lenders on behalf of customers or clients, and other similar purposes and activities.
- Other individuals: Personal information from other individuals may be collected when such individuals contact Falcongate Ltd. for a variety of reasons personal to them. For example, if you contact us with an inquiry, we will use the information you provide to assist us in responding to you and communicating with you.
Retention and destruction of personal information
Alberta law allows us, for legal or business purposes, to retain personal information for as long as is reasonable. Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or made anonymous.
Should consent, where consent is required, to our collection, use, disclosure or retention of personal information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.
Accuracy and Completeness
When we collect, use or disclose personal employee information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete. This may involve requesting further information or updates from the individual in question. Employees are expected to advise us of changes to their personal information so that our records may remain current.
Outsourcing and data hosting
Falcongate Ltd. may use third party service providers to process or deal with records, documents, data and information on behalf of Falcongate Ltd., and such records, documents, data and information may include personal information. In order to protect the confidentiality and security of personal information processed on behalf of Falcongate Ltd. by its service providers, Falcongate Ltd. will use contractual and similar measures with such service providers, including contractual non-disclosure provisions.
Falcongate Ltd. may use “cloud computing” or other third party information technology service providers, and those providers may be either in or outside Canada, and the data housed, hosted and processed by such providers may reside in or outside of Canada, and may include personal information about individuals. Where consent or notification is legally required, it is our policy to notify individuals about such service providers outside of Canada, and such notification will include the way in which the individual may obtain access to written information about our policies and practices with respect to service providers outside of Canada and the name or title of a person who can answer any questions about the collection, use, disclosure or storage of personal information by any service providers outside Canada.
We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.
Notification of loss or unauthorized access or disclosure
Where an incident occurs involving the loss of or unauthorized access to or disclosure of personal information under our control, where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure, we will, without unreasonable delay, provide notice to the Information and Privacy Commissioner for Alberta of the incident, including any information required by law at the time to be provided to the Commissioner. While Alberta law provides that the Commissioner has the authority to require us to notify individuals of the unauthorized access or disclosure, we may elect to immediately do so in the event we consider it reasonable in the circumstances.
Requests for access to personal information
Alberta law permits individuals to submit written requests to us to provide them with:
- access to their personal information under the custody or control of Falcongate Ltd.;
- information about the purposes for which their personal information under the custody or control of Falcongate Ltd. has been and is being used; and
- the names of organizations or persons to whom and the circumstances in which personal information has been and is being disclosed by Falcongate Ltd..
Requests for access are subject to the following:
- Any requests must be in writing.
- We do not accept such requests or respond to such requests via email.
- In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
- We will respond to requests in the time allowed by Alberta law, which is generally 45 days.
- We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible.
- All requests may be subject to any fees and disbursements the law permits us to charge.
- Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Please note that an individual’s ability to access his or her personal information under our control is not an absolute right. Alberta law provides that Falcongate Ltd. must not disclose personal information where:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- the disclosure would reveal personal information about another individual; or
- the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
Alberta law also provides that Falcongate Ltd. may choose not to disclose personal information where:
- the personal information is protected by any legal privilege;
- the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
- the personal information was collected by Falcongate Ltd. for an investigation or legal proceeding;
- the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
- the personal information relates to or may be used in the exercise of prosecutorial discretion.
Responses to requests
Our responses to requests for access to personal information will be in writing, and will confirm:
- whether we are providing all or part of the requested information,
- whether or not we are allowing access or providing copies, and,
- if access is being provided, when and how that will be given.
If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of PIPA (the Personal Information Protection Act, Alberta) on which that refusal is based. We will also provide the name of an individual at Falcongate Ltd. who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Alberta to review our decision. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
Requests for correction
Alberta law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:
- correct the personal information and, if reasonable to do so, and if not contrary to law, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
- decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Corrections or amendments will not be made to opinions.
Amendment of this Policy
Falcongate Ltd. may amend this Policy from time to time as required and without notice, to better meet our obligations under the law.
Contacting or communicating with us
If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact our Privacy Officer at:
Falcongate Ltd. 246-1624 Stewart Green SW Calgary, Alberta T3H 3C8 Canada
If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, or have other concerns or questions, you have the right at any time to contact the Office of the Information and Privacy Commissioner at:
410, 9925 – 109 Street Edmonton, AB T5K 2J8 Telephone (780) 422-6860 or Fax (780) 422-5682
Last Edited on 2018-03-01