The following terms are the Terms of Use of the EnerWorks Web site. Please read these terms carefully before using our site. Using this site, or downloading any material from it, is an affirmative act by you signifying your agreement with these Terms of Use. If you do not agree with one or more of these terms, do not use this site or download any materials from it.
OUR COMMITMENT TO PRIVACY
EnerWorks Inc. is committed to controlling the collection, use and disclosure of the personal information provided by its customers and suppliers. The EnerWorks Privacy Policy is modeled after the Canadian Standards Association Model Code for the Protection of Personal Information and is compliant with federal and provincial privacy laws including the federal Personal Information Protection and Electronic Documents Act. A summary of the ten principles of fair information practices adopted in the EnerWorks Privacy Policy is included at the end of this Privacy Statement.
A SINGLE POLICY
Any time you do business with EnerWorks, or with anyone acting as an agent on our behalf, you are protected by the rights and safeguards contained in the EnerWorks Privacy Policy
WHAT IS PERSONAL INFORMATION?
"Personal information" is personally identifiable information such as your name, residential address and e-mail address and includes information about your product and service subscriptions and usage, credit information and billing records, service and recorded complaints.
Personal information is collected by EnerWorks only when you specifically and knowingly choose to provide it to us. We may also receive personal information from our business partners and other third parties provided that such third parties confirm to us that they have obtained your consent to the disclosure of your personal information.
Publicly available information, such as a public directory listing of your name, address, telephone number and electronic address, is not considered personal information.
DISCLOSURE
To enable us to more efficiently provide the products and services you have requested from us, the EnerWorks Companies may share your personal information with other EnerWorks partners and with selected third parties who are acting on our behalf as our agents, suppliers or service providers. Such third party service providers are provided only with such information as is necessary in the circumstances). Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.
EnerWorks reserves the right to change these Terms of Use at any time without prior notice, and you agree to be bound by such changes. Please visit this page often, preferably every time you use the site, to review the then current terms, because they are binding on you.
TRADEMARKS AND COPYRIGHTS
All material on the EnerWorks Web site is protected by copyright under Canadian and worldwide copyright laws and treaty provisions. All trademarks (including service marks, icons and logos) are owned by, or licensed to, EnerWorks, and may be used only with the express written permission of EnerWorks.
EnerWorks does not grant any express or implied right to use its copyrighted materials, trademarks, tradenames, or other intellectual property appearing on or in connection with this Web site.
RESTRICTIONS ON USE OF MATERIALS
No information, software, intellectual property, postings, content or other material (collectively "Materials") from this site may be copied, modified, reproduced, republished, uploaded, downloaded, posted, transmitted or distributed in any way, electronically or otherwise, except as follows:
LINKING
Any sites linked to this site are not controlled by EnerWorks, and EnerWorks is not responsible for the content, any defects, viruses or other harmful or potentially harmful components of any linked site or any link contained in a linked site. EnerWorks reserves the right to terminate any link at any time, but has no obligation to do so. EnerWorks does not endorse any companies, contractors, subcontractors, vendors, products or services to which it is linked. If you access any third party sites linked to this site, you do so entirely at your own risk.
DISCLAIMER
The Materials on this site are provided "AS IS" and without express or implied warranties of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. EnerWorks does not warrant that any Materials on or accessed through this site will be accurate, complete, uninterrupted, or error-free, nor that defects will be corrected, or that this site or the servers that make it available will be free of viruses or other harmful components.
EnerWorks does not make any representations concerning the use of the Materials on this site, including their correctness, accuracy, reliability, usefulness, or otherwise. The Materials provided on this site are provided for promotional purposes, for your interest, and because we want you to know more about EnerWorks. In no event will EnerWorks be liable or responsible to any person or entity for any damage, loss, injury, liability or other cause of any kind (including, without limitation, damages for loss of profits, business interruption or loss of information) based upon or arising out of any use or inability to use the Materials on this site.
JURISDICTION AND CHOICE OF LAW
This site is controlled and operated by EnerWorks or its agents, from its offices within the province of Ontario, Canada. EnerWorks makes no representation that the Materials on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent any local laws are applicable. The laws of the Province of Ontario apply to these Terms of Use. Regardless of where you reside, or from where you access this site, you agree to submit to the exclusive jurisdiction of the provincial and federal courts of the Province of Ontario in any dispute arising out of or in connection with your use of the EnerWorks Web site, the Materials on this site, or these Terms of Use.
This site is not targeted or directed to be used by children, and it is not intended that this site be accessed or used by children under the age of 18.
TEN PRINCIPLES OF FAIR INFORMATION PRACTICES
PRINCIPLE 1 -- ACCOUNTABILITY EnerWorks is responsible for the personal information under its control and shall designate one or more individuals who shall be accountable for the company's compliance with the procedures and principles set out in the EnerWorks Privacy Policy.
PRINCIPLE 2 -- IDENTIFYING PURPOSE EnerWorks will identify the purpose for which personal information is collected at or before the time the information is collected. The purposes for which information is collected, used or disclosed by EnerWorks must be those that a reasonable person would consider are appropriate in the circumstances.
PRINCIPLE 3 -- CONSENT The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where consent is not required by privacy legislation as, for example, where the collection, use or disclosure of personal information is solely for journalistic, artistic or literary purposes.
PRINCIPLE 4 -- LIMITING COLLECTION EnerWorks shall limit the collection of personal information to that which is necessary for the purposes identified by the company. Personal information shall be collected by fair and lawful means.
PRINCIPLE 5 -- LIMITING USE, DISCLOSURE AND RETENTION Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of the purposes for which it was collected.
PRINCIPLE 6 -- ACCURACY Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
PRINCIPLE 7-- SAFEGUARDS Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
PRINCIPLE 8 -- OPENNESS EnerWorks shall make readily available to its customers and employees specific information about its policies and practices relating to the management of personal information.
PRINCIPLE 9 -- INDIVIDUAL ACCESS Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information except where EnerWorks is permitted or required by law not to disclose personal information to the individual customer or employee. An individual customer or employee shall be able to challenge the accuracy and completeness of the information disclosed to him or her and have it amended as appropriate.
PRINCIPLE 10 -- CHALLENGING COMPLIANCE An individual customer or employee shall be able to address a challenge concerning compliance with the principles in the EnerWorks Privacy Policy.
