Our Commitment to You

At Active Energy, your privacy is important to us, and we are committed to respecting and protecting the privacy and confidentiality of personal information you have provided to us. As such, we want you to understand our practices with respect to gathering and handling personal information.  As part of our pledge to you we are committed to maintaining the confidentiality, security, and accuracy of your personal information. This Privacy Code describes the information that Active Energy collects, how we use it and to whom that information may be disclosed.

This Privacy Code covers the activities of Active Energy Inc. and Active Business Services (collectively “Active Energy”) regardless of how you do business with us -in person, online, or by telephone. In particular, this Privacy Code applies to any personal information Active Energy receives, from all individuals.

This Privacy Code pertains only to Active 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, Alberta’s Personal Information Protection Act, and in Quebec, An Act Respecting the Protection of Personal information in the Private Sector.

What is Personal Information?

Privacy concerns focus on Personal Information, that is, information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. For the purposes of this Privacy Code, “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 Code.

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.

As a general rule, Active Energy collects personal information directly from you. If third parties hold information Active Energy requires, we will endeavor 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.

Accountability & Safeguards

We have strict policies and procedures governing how we deal with your personal information.  Each and every one of our employees is responsible for respecting and protecting the personal information to which the employee has access.

We use physical, electronic, and procedural safeguards to protect against unauthorized use, access, modification, destruction, disclosure, loss of theft of your personal information in our care or control.  We have agreements and controls in place with other third parties requiring that any information we provide to them must be safeguarded and used only for the purpose of providing the service we have requested of them.

The Purposes for Collecting Personal Information

Active Energy collects personal information to allow us to manage and develop our business and operations, and when we collect your personal information, we may use or disclose it to:

• establish, manage and terminate business relations with you;
• better manage your relationship with us;
• verify your identity;
• ensure we have correct or up to date information about you;
• provide and manage products and services you have requested or accepted;
• review the products and services that we obtain from you;
• determine your eligibility for or suitability of certain of our products and services, or products or services from third parties that may be applicable to you;
• inform you of our products and services other than those that you have specifically contracted for;
• inform you of products and services Active Energy or carefully selected third parties may wish to offer you;
• protect against fraud, and manage credit risk and other business risks;
• enable us to comply with legal or regulatory requirements, or as otherwise permitted by law;
• better manage your relationship with us and respond to any questions you may have; 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.

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 Code. 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 reasonably be 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 if 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 Code 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.

By providing us with your personal information, we obtain your consent to collect, use or disclose your personal information for the purposes set out in this Privacy Code.  You can choose not to provide us with certain information in some situations or withdraw your consent in certain situations but if you make this choice, we may not be able to provide you with the product or service you request. You may withdraw your consent by contacting us (see “Contacting Us” below). 

Choice/Opt-Out

Consent may be withdrawn or changed, subject to legal or regulatory requirements. Where required, Active Energy will advise you of any implications of withdrawing or changing consent. If you wish to withdraw consent, where consent is needed, you may contact Active Energy using one of the methods listed in the “Contacting Us” section, below.

• you may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us 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 Code 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 Code.

Please note that you cannot withdraw your consent to the collection, use and disclosure of your personal information if:

• we are legally required to collect, use, or disclose your personal information; or
• it is being shared between us and a third party that are providing you with a product or services you have contracted for.

Limited Collection

We only collect the personal information that we determine we need for the purposes set out in this Privacy Code. We may collect personal information about you from you and from third parties or sources that are available to the public in order to provide you with the products and services we provide to you, to satisfy legal requirements or regulatory expectations or to manage our risk and to assist us in understanding our customers in order to develop our products and services.

We may monitor or record our incoming or outgoing telephone calls with you to ensure accuracy, security, service quality, for training purposes and to establish a record.  If you do not wish to have your call recorded, you have other options to conduct business with us such as in person at one of our offices, online, or by contacting us in writing.

Use and Disclosure

We will only use or disclose your personal information for the purposes it was collected in accordance with this Privacy Code.  We use and disclose your personal information when, for example:

• it is for purposes described in this Privacy Code;
• 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 to third parties including legal or regulatory authorities when, it is:

• part of Active Energy’s regular reporting activities to other Active Energy subsidiaries in and outside of Canada;
• to protect the rights and property of Active Energy;
• during emergency situations or where necessary to protect the safety of a person or group of persons;
• already available to the public;
• to employees, contractors, consultants and other parties (including other members of Active Energy) 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 Active 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 Active 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 Code, unless you consent otherwise;
• permitted or required by applicable law or regulatory authorities in cases of suspected criminal activity or contravention of law, for the detection and prevention of fraud, or when required to satisfy the legal or regulatory requirements of governments, regulatory authorities or other self-regulated organizations, or to comply with a court order or for the protection of our assets (i.e. collection of overdue accounts); 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.

We do not sell the names or other personal information of our customers.  We do not disclose the names or other personal information of our customers to other companies without your knowledge or consent unless required or permitted by applicable law or regulatory requirements to do so.

Over time, we may sell all or part of our business and accordingly, personal information associated with any contracts, products or services of our business being sold will be transferred as a business asset to the new business owner.  In addition, we may also transfer personal information as part of a corporate reorganization or other change in corporate control.

We may use affiliates or other companies to provide services on our behalf such as data processing, account administration, analytics and marketing.  Such companies will be given only the personal information needed to perform those services and we do not authorize them to use or disclose personal information for their own marketing or other purposes.  We have agreements in place holding these third-party companies to the same standards of confidentiality by which we are governed.  In some cases, these other third-party companies may be located outside of Canada and may be required to disclose information to courts, government authorities, regulators or law enforcement in accordance with applicable law in that country.

Retention

Except as otherwise permitted or required by applicable law or regulatory requirements, Active Energy will endeavor to retain your personal information only for as long as is necessary to fulfill the purposes for which the personal information was collected.

Accuracy of Personal Information

It is important that the personal information Active Energy holds about you is accurate and current. We are committed to maintaining the accuracy of your personal information and ensuring that it is complete and up to date. If you discover inaccuracies in our records, or your personal information changes, Active Energy requires you to keep us informed of changes to any personal information so that we can make the necessary changes.  Failure to notify us of changes to your personal information may negatively impact the way we communicate or provide products or services to you.  When we deem appropriate, we will advise others of any material changes to your personal information that we may have previously released to them.

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 us 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 us.

Active 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. Active Energy 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 Code to Active Energy. Active Energy 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 Active Energy’s Privacy Code, change or withdraw your consent or make a complaint under this Privacy Code, you can:

Email us at commercial@activeenergy.ca

Or

Write to us at:

Active Energy Inc.
Attn.: Legal and Privacy Department

390 Brant Suite, Suite 402
Burlington, Ontario
L7R 4J4

Revision to this Privacy Code

Active Energy may from time to time make changes to this Privacy Code to reflect changes in legal or regulatory obligations or changes in the way we deal with personal information. We will post any revised version of this Privacy Code on our website. Any changes to this Privacy Code 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 Code was last updated on March 8, 2023.

Disclaimer

This Privacy Code does not create or confer on any individual or on Active Energy any rights or impose on Active Energy any obligations beyond any rights conferred or obligations imposed by Canadian privacy legislation.