Introduction

At Spark Power Corp. (“Spark”) protecting your personal information (as defined below) and respecting your privacy is very important to us and, in turn, we are committed to maintaining the accuracy, confidentiality, and security of your personal Information. To that end, we have implemented this privacy policy, along with the appropriate practices and procedures consistent with the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).

This privacy policy explains how Spark and its subsidiaries (“we”, “us” and/or “our”) collect, use, disclose and safeguard personal information provided to us either directly by you or by a third party. For more information about Spark and its subsidiaries please go to our website at www.sparkpower.ca.

Types of Information We Collect

Personal information is any information recorded in any form that identifies or can identify you as an individual and includes any information provided to us by you or by third parties (“Personal Information”). While we try to ensure that every third party who discloses Personal Information to us has your consent to do so, if you believe a third party has inappropriately disclosed your Personal Information to us, please contact that third party. If they do not adequately respond to your inquiries, please let us know immediately. More detail of the type of Personal Information we collect and for what purposes is found below.

Personal Information does not include an individual’s business address or business telephone number or information that is aggregated in such a manner that it cannot be connected to you (“Non-Personally Identifiable Information”). This includes a variety of information collected through our websites, none of which by itself or together can be used to identify an individual. In addition, we may set and access cookies on your computer. Cookies are pieces of information that we place on your computer to identify your account, allow for proper functioning of websites and website activity, and collect Non-Personally Identifiable Information. We do not use cookies to retrieve information from your computer that we did not originally send in a cookie.

As part of our commitment to treat your Personal Information with respect, we operate in accordance with the PIPEDA fair information principles (the “PIPEDA Principles”): accountability; identifying purposes; consent; limiting collection; limiting use, disclosure, and retention; accuracy; safeguarding customer information; openness; access; and handling customer complaints and suggestions. An explanation of how we practice each PIPEDA Principle is set out below.

Accountability

We have a designated individual (the “Privacy Officer”) who is accountable for compliance with the PIPEDA Principles and privacy legislation. The Privacy Officer’s name and contact information can be found under “Handling Customer Complaints and Suggestions” below. The Privacy Officer is responsible to ensure the collection, use, storage, disclosure, and destruction of Personal Information is done in accordance with relevant privacy law and our privacy policy. The Privacy Officer is also responsible to address any concerns, complaints and questions you may have, including questions related to your Personal Information.

Identifying Purposes

Prior to or at the time any Personal Information is collected, we will identify the purposes for which the Personal Information is being collected and how it may be used. These purposes, along with the consent for the collection and use will be documented.

We collect Personal Information for the following purposes:

  • to provide products or services to you or someone you represent;
  • to establish, administer and maintain responsible commercial relations and to communicate with our customers and potential customers;
  • to understand our customers’ and potential customers’ needs and preferences;
  • to establish your identification and to verify information you give us;
  • to manage, administer, collect or otherwise enforce accounts and/or our business relationship;
  • to communicate with you and safeguard your interests and ours and to protect you and us from error and fraud;
  • to meet the requirements of applicable law, governmental or regulatory authority or other law enforcement purposes;
  • in connection with any assignment of contracts or transactions involving us or our business out of the ordinary course of business;
  • for any other reasonable purposes for which you may have provided your express consent or in which your consent can be reasonably implied;
  • for purposes of maintaining quality service; and
  • for the purpose of offering customers and users other products and services; and directing advertisements to you about products and services that may be of interest to you, including products from of us, our affiliates, and third parties with whom we have cooperative relationship, subject to compliance with Canada’s Anti-Spam Legislation.

Consent

Our privacy policy identifies the purposes for which we collect, use, and disclose Personal Information and we will not collect, use or disclose your Personal Information without your prior consent. Your consent may be expressed or implied. You may expressly give your consent in writing, verbally or through any electronic means. In certain circumstances, your consent may be implied by your actions. By providing us Personal Information or authorizing a third party to provide your Personal Information to us, you signify your consent to our collection, use, storage, and disclosure of your Personal Information or other information received by us in accordance with this privacy policy.

In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when we want to use information for a purpose other than those identified above). In obtaining consent, we will use reasonable efforts to ensure that you are advised of the identified purposes for which Personal Information collected will be used or disclosed.

Limiting Collection

The Personal Information collected by us shall be limited to those details necessary for the purposes identified to you. We may gather such Personal Information from you in person, over the telephone or by corresponding with you via postal mail, facsimile, and the internet including e-mail or through your use of our website, or from third parties who have your authority to disclose such Personal Information to us. When you visit our website, information is not collected that could identify you personally unless you choose to provide it voluntarily.

Limiting Use, Disclosure, and Retention

Any Personal Information collected will only be used by us in accordance with the purposes for which it was originally collected unless you have otherwise consented, or when it is required or permitted by law.

We may engage third party suppliers, contractors and agents and other parties who require access to Personal Information collected to assist us in establishing, maintaining and managing our relationship with you. We may also share your Personal Information with lenders, financers, investors; collection agencies; credit reporting agencies and bureaus; counterparties to agreements; others having or potentially engaging in business relations with us, as permitted by law; and as part of or in pursuit of a potential business combination, sale, or transfer of all or part of our business. We may also share your Personal Information with our subsidiaries, parent companies and/or affiliates to ensure the proper administration of this privacy policy and to give effect to the purposes of collecting and disclosing your Personal Information as outlined in this privacy policy. Any disclosure to a third party will only be for a purpose you have consented to (either express or implied) or as otherwise required or permitted by law.

Any disclosure of Personal Information for any reason will be limited to what is necessary to fulfill the intended purpose of the disclosure. All third parties to whom we disclose Personal Information, including their employees and any other individuals who shall be granted access to information disclosed, are and shall be contractually bound to respect and maintain the confidentiality of the Personal Information disclosed to them in a manner consistent with this privacy policy.

In some instances, such as a legal proceeding or court order, we may also be required to disclose certain information to authorities. In such cases, we will only disclose Personal Information required to be disclosed.

Any Personal Information retained or stored by us will be limited to what is necessary for the intended purposes for which it was collected or to which you have otherwise consented, all other Personal Information will be destroyed or de-identified in accordance with our document retention and destruction policy.

Accuracy

We shall make every reasonable effort to ensure your Personal Information is accurate and up-to-date, and you are encouraged to notify us of any inaccuracies or errors in your personal information. Where appropriate, we will communicate these changes to other parties who may have unintentionally received incorrect information from us. Please note that before we are able to provide you with any information or correct any inaccuracies we may ask you to verify your identity and to provide other details to help us to respond to your request.

Safeguarding Customer Information

We use standard technologies and maintain current security standards to ensure that your Personal Information is protected against unauthorized access, disclosure, inappropriate alteration or misuse. We have put in place physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Third parties, whom we disclose Personal Information to, are required to use your personal information in compliance with our privacy policy.

Openness

This policy is an overview of information about our policies and practices relating to the management of personal information. If we decide to change our Privacy Policy, we will post those changes on the website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you as may be required. We will not make retroactive changes to the practices associated with your Personal Information without your consent. If you would like a copy of our privacy policy, or to know more information about how we store and safeguard your Personal Information, what steps we take to ensure third party compliance with our privacy policy, or what Personal Information we have gathered about you and for what purpose, we are happy to discuss with you to the extent we can do so without jeopardizing the security of Personal Information held by us that does not relate to you.

Access

Upon your request, we shall inform you of the type of Personal Information we have collected, how we have used your Personal Information in the past, how we may in the future, and whether or not we have disclosed your Personal Information to any third parties (and, if so, to whom). Individuals may verify the accuracy and completeness of their Personal Information, and may request that it be amended, if appropriate. Please note that before we are able to provide you with any information or correct any inaccuracies we may ask you to verify your identity and to provide other details to help us to respond to your request.

Handling Customer Complaints and Suggestions

If you have a concerns or complaints about privacy, confidentiality or our Personal Information handling practices, or would like to correct or discuss any of your Personal Information, please contact our Privacy Officer at:

Attention: David Purdy, Privacy Officer
Spark Power Corp.

1315 North Service Road East, Suite 300
Oakville, Ontario L6H 1A7
Phone: 905 829 3336
Email: privacy@sparkpower.ca

Before we are able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.

Anti-Spam Policy

We maintain a strict no-spam policy. In accordance with Canada’s Anti-Spam Legislation, we will not send you commercial electronic messages advertising additional products and services that you have not expressed an interest in, nor will we permit your Personal Information to be used by third parties or affiliates for such a purpose unless we have your express consent to send commercial electronic messages to you for such purpose.

If you receive unsolicited email from us, our vendors, or agents, please notify our Privacy Officer at the address set out above, and include the offending email with all the headers intact. Please be aware that it is not uncommon for spammers to hide behind someone else’s email account, as well as use mail servers that they do not own.

Withdrawing Consent

You may, at any time, subject to legal or contractual restrictions and reasonable notice, by notice in writing to us at the address above, withdraw your consent for any or all of the purposes for which we have collected or received your Personal Information, save for any purpose required by law, or for any purpose which consent is not legally required.

Web Sites Governed by this Privacy Policy

Our web site may contain links to other third-party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by other third party web sites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

Acknowledgment

You acknowledge that the exchange of electronic communication is vulnerable to attack by viruses and other destructive electronic programs. As a result, we cannot ensure the security or privacy of Personal Information that you provide to us over internet, and you acknowledge that we assume no liability or responsibility in connection any Personal Information that you provide to us over the internet.