Privacy Policy


Introduction

This privacy policy (the “Privacy Policy”) applies to all users of the finalwish.ca website (herein the “Website”) which is operated by Final Wish Inc. and confirms how Final Wish Inc. will protect your privacy.

For the purposes of this policy, a Member (herein a “Member”) is a person who agrees to the terms and conditions of the Website , including this Privacy Policy, and creates an account. Members who create an account and use this Website are deemed to have agreed to the Terms and Conditions.

A user (herein a “User”) is any visitor to the Website, authorized or not, and includes Members, Confidants (authorized user) and other persons who are authorized by Members to access the Member’s accounts in accordance with the services provided by the Website. Users may use, view or visit the Website only if they agree to the Terms and Conditions.

Application

This Privacy Policy sets out our policy regarding the collection, use and disclosure of the Personal Information of our Members and Users.

Member Personal Information Defined

Personal Information includes any factual or subjective information about an identifiable individual. For Final Wish Inc.’s purposes examples might include your name, address, telephone number, comments, transactions, Paypal, credit information, Visa, MasterCard or other payment information.

Personal Information does not include business contact information such as that which may be contained in a business card, including the name, title, business address and/or telephone number of an employee of an organization.

Ten Principles of Fair Information Practices

Canada’s federal privacy law sets out ten principles of fair information practices. These principles form the ground rules for the collection, use and disclosure of the personal information of our Members. As a private sector organization, we strive to ensure that our Members’ and Users’ personal information is protected and handled fairly.The ten principles that the Website follows are:

The ten principles that the Website follows are:

  1. Accountability - The Website is responsible for Personal Information that is under its control, including information that has been sent to a third party for processing. The person assigned to oversee the Website’s compliance with respect to the principles of fair information practices is Andrew Smith, President of Final Wish Inc.
  2. Identifying Purposes - The Website shall identify the purpose for which personal information is collected at or before the time that the information is collected.

    In compliance with the Openness principle and the Individual Access principle, purposes for which Personal Information is or will be collected, include but are not limited to:

    • To open, maintain or close a Members’ account;
    • To verify third party users/authorization;
    • To market services and provide visitors with tailored information about the Website;
    • To manage and develop the Website’s business and its services;
    • To satisfy payment of accounts and for any other applicable billing purposes;
    • To build profile information for the services provided to Members. All information you provide is
at your own discretion, and will be kept and disclosed according to your instructions, and the terms of your individual agreement (length of subscription, content given) with the Website; and
    • Otherwise in accordance with, and in order to carry out the Member’s instructions to the extent that such instructions are in accordance with any services offered by the Website.




    In accordance with the Limiting Collection principle, only that information necessary to fulfill the identified purposes shall be collected.


    The identified purpose should be specified to the individual from whom the information is collected at or before the time the personal information is collected.


    This may be done orally or in writing.


    When collected personal information is to be used for a new purpose not previously identified, the new purpose shall be identified prior to use of the information. Unless the new purpose is required by law, consent of the individual is required before the information can be used for that purpose.

    
The Website may collect anonymous, non-personally identifying information about the internet pages Members’ and Users’ (authorized and non-authorized) visit and use of the Website. The Website retains the right to share aggregated demographic information (data that cannot be used to identify any individual Member or authorized or non-authorized user) with its partners and advertisers.


    The Website may contact Members and Users via email from time to time with respect to Member services, and/ or the Member’s account, or to request that the Member participate in a survey. These surveys help the Website to assess its Members’ needs so the Website may provide its members with the best service possible, however the completion any surveys is optional.


  3. Consent - Consent and knowledge of the individual is required, except where inappropriate, for the collection, use and disclosure of their Personal Information.

    Except for purposes provided for in exceptions to consent, Personal Information may not be collected, used, or disclosed without knowledge and consent of the individual.

    A Member who enters his or her Personal Information would reasonably expect that his or her relevant information and Personal Information would be collected and used in order to provide the services the Member has requested from the Website, or as the Member instructs, such as to contact a person as designated by the Member to assist to carry out any final wish services. The Member would not reasonably expect that this information would be used for a purpose other than the administration of the Website’s services without the Member’s knowledge and consent.

    A Member should reasonably expect that the Website, in addition to using the individual's name and address for mailing and/or billing purposes, would also contact the Member to solicit the renewal of his or her membership.

    Members and all Other Users – Member Services Specific

    Upon sufficient notice that a Member has deceased, the Website has agreed with the Member to keep that Member’s account active for one year following their date of passing, at which time all Personal Information for that Member will be disposed of in a reasonable manner, unless the Website is required by law to retain or distribute it to a third party.

    The Website will notify a Member any time an authorized third party logs in to view that Member’s online account via a third party access password. The Website cannot track any other authorized or unauthorized users who gain access to a Member’s account, and it is the responsibility of each Member to properly safeguard personal login information.

    It is the responsibility of individual Members and the authorized users appointed by the Member to ensure that the account remains active until death of the Member. Should an account be closed in error, or otherwise, the affected Member must contact the Website as soon as possible to restore account information (the Website is not responsible for any lost or deleted information).

    If a member wishes to designate a new authorized user, it is the Member’s responsibility to do so and to update that corresponding information with the Website.

    Should a Member choose not to designate an authorized user, a secure login and password can be created that will allow profile viewing only. For Members without a designated authorized users, it is recommended that a hard copy of the login name and password be generated and stored by the Member, and kept a safe place, for example, with an executor or together with a Will. The Website has a form letter that can be used by its Members for this purpose.

    Exceptions to consent include without limitation:
If it is clearly in the individuals interest and consent is not available in a timely manner;

    If knowledge and consent would compromise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a provincial or federal law;

    For journalistic, artistic or literary purposes;

    If the information is publicly available;

    To collect a debt the Member owes to the Website;

    To comply with a subpoena, warrant or court order;

    To a government body that suspects the information relates to national security or the conduct of international affairs or for the purpose of administering any provincial or federal law;

    In an emergency where an individual's life, health or security are threatened.

    Consent may be obtained orally when information is collected over the telephone, in writing or in person.

  4. Limiting Collection - The Website will limit collection of personal information to that which is necessary for the purpose of collection and shall do so using fair and lawful means.

    The Website shall not collect personal information indiscriminately. The Website will not deceive or mislead Members about the reasons for collecting their personal information.

    The amount and type of information gathered will be limited to that which is necessary in order to fulfill the identified purpose.

  5. Limiting Use, Disclosure and Retention - The Website shall not use or disclose personal information for any purpose other than that for which the information was collected unless consent is provided by the Member or the use or disclosure is authorized by the Act.

    Use of Personal Information

    The Personal Information shall not be used for purposes other than those made known at the time of collection of the Personal Information. Personal information that has been collected during the course of past activities does not need to be recollected. In order to continue to use or disclose it, however, consent is required. Members must be notified about what is done with their Personal Information, to whom it is disclosed and they must be given the option to object to these ongoing uses or disclosures.

    Disclosure of Personal Information

    Personal Information may be disclosed only for the purpose for which it was collected.

    The Website may disclose the contact information of Members to a third party for the following purposes:

    • To facilitate the delivery of services provided by the Website (i.e. the Final Wishes as instructed by the Member);
· To encourage membership renewal;

    • To prepare bulk mailings of information to Members pertinent to services offered by the Website;

    • To third party service providers communicating with Members, on behalf of the Website,
regarding their membership account status.

    • Such third parties shall be contractually bound to protect this personal contact information in
accordance with the policies and procedures of the Website.

    • The Website will not sell, lease or trade the personal information of their Members to third
parties unless express consent is obtained from the Member.


    Retention of Personal Information


    A Member is no longer a Member after one year has passed since the passing of the Member, or after one year has passed since the expiry of a membership, or upon the termination of a Member’s account by the Member or by Final Wish at which time the Member’s Personal Information will be destroyed in accordance with the Safeguards principle.


  6. Accuracy - The Website will keep personal information as accurate, complete and up-to-date as is necessary and will take into account its use and the interests of the Member.
Personal Information will not be routinely updated and will be updated only when necessary in order to fulfill the identified purpose or upon request by the Member.
Unless there are clearly set out limits, frequently used Personal Information will be kept as accurate and up-to-date as is necessary for the identified purpose.


  7. Safeguards - Personal Information of Members shall be protected regardless of its format. The Website shall take reasonable precautions to safeguard the Members’ Personal Information from unauthorized access, disclosure, copying, modification, loss or theft.
Credit card holder data may be collected and used by third party credit card processors. Any such third party will be contractually bound to hold information in a safe and secure manner.
Personal information may be kept as long as necessary to satisfy the purpose for which it was collected and to provide the services to Members.
Destruction of Personal Information

    Website may terminate a Membership

    All hard-copy forms, records, papers or other document containing personal information shall be destroyed or deleted once the information is no longer required for an identified purpose.

    All computerized records containing personal information shall be purged once the information is no longer required for an identified purpose.

    Access To Personal Information

    Access to Member’s Personal Information is on a "need-to-know" basis only.

    Members may access their Personal Information, subject to the exceptions listed in PIPEDA, or request a correction of their Personal Information. The request must be in writing and contain sufficient detail to enable the Website to identify your Personal Information to provide the information to you or to make the correction. A minimal fee may be charged for providing access to Personal Information and we will inform you of any applicable fee when your request is received. In most cases, a response will be provided within 30 business days, however, if a longer time is needed, the Website will provide the Member with a written notice stating the reasons for the extension.

  8. Openness - The Website shall make its Privacy Policy understandable and easily available to its Members.

    The following information will be readily available on the Website:

  9. The name, title and address of Website’s privacy officer;
  10. A copy of the Website’s Privacy Policy;
  11. The name, title and address of the person to whom access to information requests should be
sent;
  12. The procedure for a Member to gain access to their Personal Information;
  13. A description of that Personal Information which is made available to third parties and the
purpose for which it is disclosed.

  14. Individual Access - Upon request, the Member shall be informed of any personal information we have about them as well as its use and disclosure. An opportunity shall be extended to correct or amend any Personal Information if its accuracy and completeness is challenged or incorrect.
Except when the Website is required by law to not disclose personal information to the individual, should a Member request a copy of their personal information, the request shall be complied with within thirty days. The 30-day response time limit may be extended if: responding to the request within the original 30 days would unreasonably interfere with the Website’s business activities; if additional time is necessary to convert the personal information to an alternate format; or, if additional time is necessary to conduct consultations. If an extension to the original 30 days is required, The Website will notify the Member of their right to complain to the Privacy Commissioner of Canada.

    Access to a Member’s Personal Information shall be provided at minimal or no cost. If cost is necessary, the Member will be advised of the approximate cost prior to processing the request.

    If it is necessary to refuse access, the Member will be informed in writing and will be advised of reasons and any possible recourse. The Website must refuse access to personal information in the following circumstances:

    The Website must refuse access to personal information in the following circumstances:

  15. If it would reveal personal information about another individual that cannot be removed unless consent is provided by the other individual or if a life-threatening situation exists;
  16. If the Website had disclosed information to a government body for law enforcement or national security reasons and that body has instructed the Website to refuse access or to not reveal that the information has been released;
  17. Solicitor-client privilege;
  18. If it was collected without the individuals knowledge or consent to ensure its availability and
accuracy and the collection was required to investigate a breach of an agreement or contravention of a provincial or federal law;
  19. If the information was generated in the course of a formal dispute resolution process.

    <
  20. /li> 

  21. Challenging Compliance - A Member may address a challenge concerning compliance with the principles of the Personal Information Protection and Electronic Documents Act (PIPEDA) to Website’s privacy compliance officer.
All complaints shall be investigated and the Member will be advised of the outcome. If a complaint is justified, the Website shall take appropriate steps to resolve the complaint including but not limited to amendment of the Website’s policies and procedures.
In the event the complaint is not resolved to the Member’s satisfaction, the Member may have recourse to additional remedies through the Office of the Privacy Commissioner of Canada, 112 Kent Street, Place de Ville, Tower B, 3rd Floor, Ottawa, Ontario, K1A 1H3, or toll-free at 1.800.282.1376, www.privcom.gc.ca.

    1123142v4