INTRODUCTION

Throughout Netfox’s interactions with Customers and Employees, we are committed to respecting the privacy, confidentiality and security of Personal Information.

This Privacy Policy (the “Privacy Policy”) is a formal statement of the principles and guidelines that govern our practices at Netfox and ensure that we meet, and wherever possible, exceed, the requirements of the Personal Information Protection and Electronic Documents Act, the privacy rules established by the Canadian Radio-television and Telecommunications Commission (“CRTC”) and all other applicable federal and provincial laws and regulations.

Netfox will continue to review the Privacy Policy on an ongoing basis to ensure that it remains current with evolving technologies and the needs of Netfox, its Customers, its Employees and the public at large.

Netfox has established its Privacy Policy based on the following eleven principles:

1. Accountability

2. Identifying purposes for collection of Personal Information

3. Obtaining consent for collection, use or disclosure of Personal Information

4. Limiting collection of Personal Information

5. Limiting use, disclosure and retention of Personal Information

6. Accuracy of Personal Information

7. Security safeguards

8. Openness concerning policies and practices

9. Customer and Employee access to Personal Information

10. Breach of Security Safeguards

11. Challenging Compliance

This Privacy Policy does not apply with respect to the Business Contact Information of an individual that Netfox collects, uses or discloses solely for the purpose of communicating or facilitating communication with that individual in relation to their employment, business or profession.

DEFINITIONS

“Breach of Security Safeguards” means the loss of, unauthorized access to, or unauthorized disclosure of Personal Information resulting from a breach of Netfox’s 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:

• Name;

• Position name or title;

• Work address;

• Work telephone number;

• Work fax number; or

• Work email address.

“Business Transaction” means a transaction that includes 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:

1. the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;

2. the merger or amalgamation of two or more organizations;

3. the making of a loan or provision of other financing to an organization or a part of an organization;

4. 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;

5. the lease or licensing of any of an organization’s assets; and

6. any other prescribed arrangement between two or more organizations to conduct a business activity.

“Customer” means an individual who: (a) has an account with Netfox; (b) subscribes for, uses, has used, or applies to use Netfox products and/or services; (c) corresponds with Netfox; and/or

(d) is a Web Site User.

“Employee” means an individual who: (a) is an employee of Netfox; and/or (b) is an applicant for employment with Netfox.

“Netfox”, “we”, “our” means Netfox Communications Inc., its parents, subsidiaries, affiliates and their respective officers, directors, agents, suppliers, resellers and distributors.

“Netfox Website” means a website owned, controlled or managed by Netfox, including the following domain: https://www.netfox.ca.

“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:

• Name;

• Email address;

• Residential mailing address;

• Birth dates;

• Credit and financial information;

• Billing records;

• Netfox service and product records; and

• Recorded complaints.

“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.

“Web Site User” means a user of Netfox Websites from which Netfox collects Personal Information.

1. ACCOUNTABILITY

   1. Netfox has designated one or more persons within senior management who are responsible for ensuring that Netfox complies with the Privacy Policy. The persons so designated have the title of “Privacy Officer”. Other individuals within Netfox may be delegated to act on behalf of the Privacy Officer(s) or to take responsibility for the day-to-day collection and processing of Personal Information. Questions regarding Netfox’s collection, use or disclosure of Personal Information or any other matter relating to this Privacy Policy can be directed to the Privacy Officer(s) by using the following contact coordinates:

      By mail at: Privacy Officer

      Netfox Communications Corporation PO Box 38093

      Dartmouth, NS B3B 1X2

      By email at: privacy@netfox.ca By phone at: 1.877.542.9945

   2. Netfox is responsible for Personal Information in its possession or control, including information that has been transferred to a third party for processing. Netfox shall use means to provide an appropriate level of protection while information is being processed by a third party (see Principle 7).

2. IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION

   1. Netfox 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, Netfox 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. We may ask for Personal Information only for the following purposes:

      1. To establish and maintain a responsible commercial relationship;

      2. To allow us to provide ongoing services and support;

      3. To bill for and collect payment for Netfox services and products;

      4. To manage, develop and market Netfox’s network, business and operations;

      5. To manage personnel and employment matters;

      6. To meet legal and regulatory requirements;

      7. To obtain credit information or provide it to others; and

      8. For any other purpose with explicit consent.

   3. During a Customer’s or Employee’s interaction with Netfox Websites, Netfox may use a browser feature called a “Cookie”. Cookies are small information packets created by the website and stored on the hard drive of a Web Site User’s computer. Cookies are used to collect information anonymously and track user patterns on the Netfox Websites. For example, Cookies might help us determine whether Customer is a repeat or first-time visitor of a Netfox Website. When visiting the Netfox Websites, you will be prompted with a notice that explains our use of Cookies. The notice will also ask for your prior consent to receiving and using our cookies. Cookies will not be stored on your devices without your consent. You may withdraw your consent at any time. If you do not wish to consent to our Cookies, or if you withdraw your consent to our Cookies, you may not be able to access all or part of the Netfox Websites.

3. OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION

   3.1. Netfox 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.

   1. In general, implied consent for Netfox to collect, use and disclose Personal Information for all identified purposes is obtained in the following circumstances: (1) when a Customer applies for Netfox services or products; (2) when a Customer uses Netfox services or products; (3) when an individual submits an application for employment with Netfox; or (4) when an Employee accepts employment or benefits from Netfox. Notwithstanding, Netfox shall seek consent to use and disclose Personal Information at the same time it collects the information. However, Netfox 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.

   2. Netfox may collect, use or disclose Personal Information without a Customer’s or Employee’s knowledge or consent only in the following, exceptional circumstances:

      1. 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;

      2. Where it is in relation to the investigation of a breach of an agreement;

      3. Where it is necessary to assess, process or settle an insurance claim;

      4. Where it is to a lawyer representing Netfox;

      5. Where it is to collect a debt;

      6. Where it is to comply with a subpoena, warrant or other court order;

      7. 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;

      8. Where it is for any other purpose otherwise required by law;

      9. In the case of an emergency where the life, health or security of an individual is threatened; or

      10. 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. Netfox may also disclose Personal Information without a Customer’s or Employee’s knowledge:

      1. 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;

      2. 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.

   4. Netfox may also use and disclose Personal Information without a Customer’s or Employee’s knowledge in the context of a prospective Business Transaction if:

      1. Netfox and the other entity(ies) involved in the prospective Business Transaction have entered into an agreement that requires the organization that receives Personal Information:

         1. To use and disclose that information solely for purposes related to the Business Transaction;

         2. To protect that information by security safeguards appropriate to the sensitivity of the information; and

         3. 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

      2. The Personal Information is necessary

         1. To determine whether to proceed with the Business Transaction; and

         2. If the determination is made to proceed with the transaction, to complete it.

   5. 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:

      1. The organizations have entered into an agreement that requires them to:

         1. 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;

         2. To protect the Personal Information by security safeguards appropriate to the sensitivity of the information; and

         3. To give effect to any withdrawal of consent by a Customer or Employee; and

      2. The Personal Information is necessary for carrying on the business or activity that was the object of the Business Transaction; and

      3. 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.

   6. In obtaining consent, Netfox 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.

   7. Netfox 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.

   8. In determining the appropriate form of consent, Netfox shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers and Employees.

   9. 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 Netfox at the contact coordinates listed in Section 1.1 for more information regarding the implications of withdrawing or varying consent.

4. LIMITING COLLECTION OF PERSONAL INFORMATION

   1. Netfox shall limit the collection of Personal Information to that which is necessary for appropriate purposes identified by Netfox. Netfox shall collect Personal Information by fair and lawful means.

   2. Netfox collects Personal Information primarily from its Customers and Employees, as opposed to third parties.

   3. Netfox 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. LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION

   1. Netfox 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. Netfox shall retain Personal Information only as long as necessary for the fulfillment of those purposes or as required by law.

   2. Internally, only Netfox employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about Customers and Employees.

   3. In addition, Netfox may disclose a Customer’s Personal Information, in accordance with all applicable CRTC regulations, to:

      1. Another telecommunications services provider for the efficient and effective provision of telecommunications services;

      2. An entity involved in supplying the Customer with communications or communications directory related services;

      3. Another entity for the development, enhancement, marketing or provision of any of the products or services of Netfox;

      4. An agent retained by Netfox in connection with the collection of the Customer's account;

      5. Credit grantors and reporting agencies;

      6. A person who, in the reasonable judgment of Netfox, is seeking the information as an agent of the Customer; and

      7. A third party or parties, where the Customer consents to such disclosure or disclosure is required by law.

   4. In addition, Netfox may disclose an Employee’s Personal Information to:

      1. An entity for regular personnel and benefits administration;

      2. An Employee’s prospective employer for the purpose of providing a reference; and

      3. A third party or parties, where the Employee consents to such disclosure or the disclosure is required by law.

   5. Netfox 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 Netfox no longer reasonably requires the Personal Information for legal or business purposes.

6. ACCURACY OF PERSONAL INFORMATION

   1. Netfox 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.

   2. Netfox shall update Personal Information about Customers and Employees as and when necessary to fulfill the identified purposes or upon notification by the individual.

7. SECURITY SAFEGUARDS

   1. Netfox shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.

   2. Netfox 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. Netfox shall protect the information regardless of the format in which it is held.

   3. Netfox 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.

   4. All of Netfox’s employees with access to Personal Information shall be required to maintain the confidentiality of that information in accordance with this Privacy Policy.

   5. Netfox 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.

   6. While the majority of Netfox’s data traffic is routed domestically, some traffic may be routed through other jurisdictions while in transit.

8. OPENNESS CONCERNING POLICIES AND PRACTICES

   1. Netfox is committed to informing Customers and Employees about its Privacy Policy and related practices.

   2. Netfox shall make information about its policies and practices as accessible and easy to understand as possible, including:

      1. The title and contact information of the person or persons responsible for enforcement of the Privacy Policy;

      2. The contact information for forwarding any privacy complaints;

      3. The means of gaining access to one’s own Personal Information held by Netfox; and

      4. A description of the type of Personal Information held by Netfox.

   3. All information relating to the Privacy Policy and related practices can be obtained by sending a request by contacting the Privacy Officer at the coordinates listed in Section 1.1.

   4. Netfox will make available information to assist Customers and Employees in exercising choices regarding the use of their Personal Information.

9. CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION

   1. Netfox shall inform a Customer and Employee of the existence, use, and disclosure of their Personal Information upon request, subject to the limitations described in Section 9.3, below.

   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. Netfox 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 Netfox will amend it as needed.

   3. In certain situations, Netfox may not be able to provide access to all the Personal Information that it holds about a Customer or Employee. For example, Netfox 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, Netfox 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, Netfox shall provide the reasons for denying access upon request unless prevented from doing so by lawful means.

   4. Upon request, Netfox 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, Netfox 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, Netfox 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.

   5. In order to safeguard Personal Information, a Customer or Employee may be required to provide sufficient identification information to permit Netfox 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.

   6. Netfox shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. In accordance with the terms of this Privacy Policy Netfox may transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.

10. BREACH OF SECURITY SAFEGUARDS

    1. Netfox is committed to protecting the Personal Information of Customers and Employees in accordance with the safeguards described in this Privacy Policy. In the event of a Breach of Security Safeguards, Netfox shall report directly to the Office of the Privacy Commissioner if the breach creates a real risk of significant harm to an individual.

    2. Unless prohibited by law, Netfox 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.

    3. In assessing whether there exists a real risk of significant harm, Netfox will consider factors including: (a) the sensitivity of the Personal Information involved in the breach; and (b) the probability that the Personal Information has been, is being or will be misused.

    4. Netfox 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.

    5. Netfox 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 Netfox determines that the breach has occurred.

11. CHALLENGING COMPLIANCE

    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.

    2. Netfox shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers and Employees about Netfox’s handling of Personal Information.

    3. Netfox shall inform its Customers and Employees about the existence of these procedures as well as the availability of complaint procedures.

    4. Netfox shall investigate all complaints concerning compliance with the Privacy Policy. If a complaint is found to be justified, Netfox shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. The complainant Customer or Employee shall be informed of the outcome of the investigation regarding their complaint.

    5. A Customer or Employee may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376), and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer or Employee is encouraged to use Netfox’s internal information and complaint procedures first.