Your privacy is important and we want you to understand our practices with respect to gathering information and with respect to the uses we make of that information. We are committed to maintaining the confidentiality, security and accuracy of your personal information. This Privacy Policy (the “Privacy Policy”) describes the information that we collect, how we use it and to whom that information may be disclosed.
This Privacy Policy covers the activities of KW Energy Home Services Incorporated and its affiliates (“KW Energy”). This Privacy Policy applies to any personal information we receive, from all individuals, unless the personal information is dealt with in our policies that deal with the personal information of employees.
This Privacy Policy applies only to KW Energy’s activities that are subject to the provisions of Canada’s federal and provincial privacy legislation, including, where applicable, the federal Personal Information Protection and Electronic Documents Act.
What is Personal Information?
For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual. This does not include the name, title, business address or telephone number of an employee of an organization when used for business communications information about our business customers is not covered by this Privacy Policy.
The Personal Information We Collect
We collect and maintain different types of personal information about individuals with whom we interact. This includes:
• Contact and identification information, such as name, address, telephone number and e-mail address;
• Product and service related information;
• Credit and financial information such as billing and credit history or payment history;
• Customer relationship information, such as customer service requests; and
• Business relationship information.
KW Energy primarily collects personal information directly from you. If third parties hold information that we may require, we will endeavour to ensure the information has been collected with your consent.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. This information may also include information related to our media and public relations activities or related to our interactions with financial and other analysts and advisors. Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
Notification Respecting Service Provider Outside Canada
KW Energy may use service providers outside of Canada to collect and/or process and/or store personal information for the purposes set out below in the section titled “The Purposes for Collecting Personal Information”. To ask any questions or to obtain written information about our policies and practices regarding those service providers, you may write to our Chief Privacy Officer at the address listed below.
The Purposes for Collecting Personal Information
KW Energy collects personal information to allow us to better serve our customers and to manage and develop our business and operations, including:
• Managing business relations with you;
• Reviewing the products and services that we provide to you;
• Informing you of our products and services other than those that you have specifically requested,
• Informing you of products and services KW Energy may wish to offer you;
• Protecting us against error, fraud, theft and damage to our goods and property;
• Enabling us to comply with applicable law or regulatory requirements; and
• Any other reasonable purpose to which you consent.
When we collect your personal information, the purpose(s) for collecting the information will be communicated before or at the time of collection.
Limiting Use, Disclosure and Retention
We use and disclose your personal information when, for example:
• It is for purposes described in this Privacy Policy;
• We are required by law to do so;
• The information is publicly available; or
• It is required for any additional purposes that may be described at the time we advise you of the use of your personal information (which consent may be express, deemed or implied as explained below).
Your personal information may be disclosed when, for example, it is:
• Permitted or required by applicable law or regulatory requirements;
• Part of KW Energy’s regular reporting activities to other KW Energy affiliates;
• To protect the rights and property of KW Energy;
• During emergency situations or where necessary to protect the safety of a person or group of persons;
• Personal information that is already available to the public;
• To employees, contractors, consultants and other parties who require the information to assist us to establish, maintain and manage our business relationship with you, including, for example, third parties that provide services to us or on our behalf or third parties that collaborate with KW Energy in the provision of services to you;
• To another party, in the event of a change in ownership of all or a part of KW Energy through some form of merger, purchase, sale, lease or amalgamation or other form of business combination, provided that the parties are bound by appropriate agreements or obligations which require them to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise; and
• With your consent.
We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
Consent
It is important to us that we collect, use or disclose your personal information where we have your consent to do so or as provided in this Privacy Policy. Depending on the sensitivity of the personal information, your consent may be express, implied or deemed (using an opt-out mechanism). Express consent can be given orally, electronically or in writing. Implied consent is consent that can be reasonably inferred from your action or inaction. For example, when you accept our products or services, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your acceptance and use of those products or services, or for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.
Typically, we will seek your consent at the time that we collect the personal information. In some circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.
We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
Consent may be withdrawn or changed, subject to legal or regulatory requirements. Where required, we will advise you of any implications of withdrawing or changing consent. If you wish to withdraw consent, where consent is needed, you may contact KW Energy using one of the methods listed in the “Contacting Us” section, below.
Choice/Opt-Out
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Chief Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may limit our ability to provide products or services to, or acquire products or services from, you.
We assume, unless you advise us otherwise, that by receiving a copy of this Privacy Policy or by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.
Safeguarding Personal Information
KW Energy will endeavour to safeguard personal information using commercially reasonable methods that are appropriate to the sensitivity of the information.
Accuracy of Personal Information
It is important that the personal information we hold about you is accurate and current. Accordingly, KW Energy requires you to keep us informed of changes to any personal information.
Retaining Personal Information
Except as otherwise permitted or required by applicable law or regulatory requirements, we will endeavour to retain your personal information only for as long as is necessary to fulfill the purposes for which the personal information was collected.
Accessing Your Personal Information
You can ask to see the personal information that we hold about you. If you want to review, verify or correct your personal information, please contact our Chief Privacy Officer using the contact information set out below. Please note that any such communications must be in writing.
When making an access request, we require specific information from you to confirm your identity and right to access, as well as to search for, and provide you with, the personal information that we hold about you. We may charge you a fee to access your personal information; but we will advise you of any fee in advance. If you need help in preparing your request, please contact the office of our Chief Privacy Officer.
KW Energy may not be able to provide you with access to your personal information, where such refusal is permitted or required by applicable law or regulatory requirements and in such cases we will inform you of the reasons why, subject to any legal or regulatory restrictions, access has been denied.
Handling Complaints
You can direct any questions or concerns about this Privacy Policy to our Chief Privacy Officer. KW Energy has and will maintain procedures to receive and investigate complaints and complainants will be advised of the results of any such investigation.
Contacting Us
To get more information about KW Energy’s Privacy Policy, change or withdraw your consent or make a complaint under this Privacy Policy, you can:
Email us at:
info@kwenergyhomeservices.com
Or
Write to us at:
KW Energy Home Services Incorporated Attn: Chief Privacy Officer 2425 Matheson Boulevard East, 8th Flr. Mississauga, ON L4W 5K4
Revision to our Privacy Policy
KW Energy may from time to time make changes to this Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal information. We will post any revised version of this Privacy Policy on our website. Any changes to this Privacy Policy will be effective from the time they are posted, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you, unless you consent to that change. This Privacy Policy was last updated on August 12, 2022.
This Privacy Policy does not create or confer on any individual or on KW Energy any rights, or impose on KW Energy any obligations beyond any rights conferred or obligations imposed by Canadian privacy legislation.