Disclaimer and Legal Terms of Use If you access and use this web site (the "Site"), you accept and agree to be bound by and comply with these terms including the OLICO.ca Privacy Policy, (collectively the "Terms"). If you do not accept the Terms, please do not use the Site. General The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern, The information, material and content provided in the pages of the Site ( the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes. By using this Site, you signify your agreement to be bound by these Terms, as they may be amended from time to time. If you do not agree with these Terms, please do not use this site. Local Laws, Export Control It is important to note that not all of the products, services and information are available in all provinces or in jurisdictions outside Canada. The Information does not constitute an offer or solicitation to buy or sell any products, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any business person to whom it is unlawful to make an offer or solicitation. For information specific to any provincial jurisdiction, please contact your legal advisor. The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described on these pages. If you choose to access the Site from out of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptations, including export laws and regulations of Canada in force from time to time. No Warranties The Enezol Company provides the Site and the Information on an "as is, where is" basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, no-infringement, usefulness, completeness, accuracy, current ness, reliability and fitness for a particular purpose. Further, The Enezol Company does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contamination or destructive properties will be transmitted or that not damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Trade-Marks and Copyrights Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-mark owned by The Enezol Company or trade names or trade-marks licensed to it. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted to anyone else. The Information is for your personal use only. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, re-transmit, modify or make public or commercial use of, in any form, the Information. Intellectual Property You do not have the right to use any software which is used in the operation of our Site, except while you are browsing our Site or performing other activities provided through our Site. You do not have the right to make any copies of software used at our Site. Your use of this Site and its contents does not transfer to you any ownership or other rights in our Site or its contents. Your only rights are to use this Site and its contents as outlined in these Terms. Internet E-Mail Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g, cellular phones, post office mail), not confidential, subject to possible interception or loss and is also subject to possible alternation. The Enezol Company is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to The Enezol Company or an E-Mail sent by The Enezol Company to you at your request. No Endorsements No endorsement or approval of any third parties or their advise, opinions, information, products or services is expressed of implied by any Information. No Liability The Enezol Company is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Information or any action or decision made by you in reliance on the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if The Enezol Company has been advised of the possibility of these damages. Jurisdiction The Site is administered by The Enezol Company from its offices in Canada. The Site will be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site. OLICO.ca Privacy Code Introduction
To The Code On
January 1, 2004, Canadian federal privacy legislation, and in some cases
provincial privacy legislation, will apply to provincially incorporated
and regulated entities that collect, use and disclose information about
identifiable individuals in the course of business and commercial
activities. The Enezol Company is required to comply with the
requirements of such legislation as of The Enezol Company
is committed to protecting the privacy and safeguarding the personal data
and information of individuals who are its customers. In merging its
respect for each individual’s privacy with its business objectives, The Enezol Company
has adopted the ten Privacy Principles outlined below. The Enezol Company
limits the collection of personal information from individuals to that
which is permitted by law and which is necessary to provide training,
products and services with respect to the The Enezol Company service.
Periodically, The Enezol Company may ask for feedback from customers on
products or services that The Enezol Company is providing or is
considering providing. There
are situations specific to the The Enezol Company business where service
and product providers, such as The Enezol Company, will disclose personal
information to third parties in order to provide effective and efficient
services to their customers. For example, personal information may be
disclosed to: The Enezol Company
will only disclose to such third parties the personal information of The Enezol Company
customers that these service providers require in order to fulfill their
service obligations to The Enezol Company and hence to The Enezol Company’s
customers. Every such disclosure will be made subject to specific
protection measures. In
addition, The Enezol Company may identify products or services that it
believes to be of value to current, past and prospective customers and to
inform you of these products or services. If you would prefer that The Enezol Company
does not use your personal information for this purpose, please advise us
by writing to the Privacy Officer at our Principles of the Privacy Code
The Enezol Company
has prepared a detailed Privacy
Code expanding upon the following ten Privacy Principles to ensure that
your privacy is protected. If you would like a copy of this Privacy Code,
you may print this page or call us at 204-202-3200. Principle
1 — Accountability
The Enezol Company
is accountable for maintaining and protecting personal information that it
has collected. A Privacy Officer has been designated to ensure The Enezol Company’s
compliance with the principles described in this Privacy Code. Principle
2 — Identifying Purposes
The Enezol Company
will identify the purpose of all
personal information collected by it at the time of, or prior to, the
information being collected. Principle
3 — Consent
The
knowledge and consent of The Enezol Company’s customers are required for
the collection, use, or disclosure of personal information, except as
permitted by law or for security reasons. Principle
4 — Limiting Collection
The
collection of personal information will be limited to that which is
necessary for the purposes identified by The Enezol Company. Information
will be collected only by fair and lawful means. Principle
5 — Limiting Disclosure & Retention
The Enezol Company will not use or disclose personal information for purposes other than those for which the information was collected, except with the consent of the subject customers or as may be permitted by law. The Enezol Company will retain personal information only as long as is necessary for the fulfillment of those purposes. Principle
6 — Accuracy
The Enezol Company
will maintain personal information in an accurate, complete, and timely
manner as is necessary for the purposes for which it is to be used. Principle
7 - Safeguards
The Enezol Company
will protect personal information with security safeguards appropriate to
the sensitivity of the information. Principles
8 — Openness
The Enezol Company
will make readily available to its customers specific information about
its policies and practices relating to the management of personal
information. Principle
9 — Customers Access
Upon
making a request in writing to our Privacy Officer, The Enezol Company customer will be informed within thirty (30)
days of the existence, use and disclosure of his or her personal
information, and will be given access to that information, except where
refusal is permitted by law. The Enezol Company customer will have the
right to challenge the accuracy and completeness of the information and
have it amended as appropriate. Principle
10 — Customer Inquiries and Challenges
A
customer may inquire about or challenge The Enezol Company’s compliance
with these principles by contacting our Privacy Officer. Privacy Code Definitions
The
following definitions apply to the The Enezol Company Privacy Code: “customer”
— a person (an identifiable
businessperson) about whom The Enezol Company collects information in
carrying out its product and customer service business. This includes
persons who have dealt with or intend to deal with The Enezol Company, and
any other person who has contacted The Enezol Company and provided his or
her own personal information to The Enezol Company. This definition is
intended to include both customers and potential customers of The Enezol Company. “collection”
— the act of gathering, acquiring
or obtaining personal information from any source, including from third
parties, by any means. “consent”
— voluntary agreement with what
is being done or proposed. Consent can be either express or implied.
Express consent is given explicitly, either orally or in writing. Express
consent is unequivocal and does not require any inference on the part of The Enezol Company
seeking consent. Implied consent arises where consent may reasonably be
inferred from the action or inaction of the customer. “control”
— The Enezol Company controls
personal information if the personal information is in the possession of The Enezol Company
or a person to whom The Enezol Company has disclosed the personal
information, excluding a person to whom such disclosure was permitted by
law. “disclosure”
— making personal information
available to others outside The Enezol Company’s administration
department for which the personal information was or is collected. “personal
information” — data or
information about an identifiable customer. This definition of
“personal information” includes information about a customer or about
any other individual if the customer or other individual is identifiable
as the subject of the information, but does not include aggregate
information that cannot be associated with a specific customer or
individual. “Personal information” may include, but is not limited to
the business name, registration number, address, telephone number, e-mail
address, credit rating, whether or not credit was extended or refused to
the business, credit and payment records of the business. “The Enezol Company”
— includes The Enezol Company, a
Manitoba company. “use”
— the treatment and handling of
personal information within the The Enezol Company business department for
which the personal information is collected. Detailed
Explanation Of Privacy Principles: Principle
1 — Accountability
The Enezol Company
is accountable for maintaining and protecting any personal information it
has collected. A Privacy Officer has been designated to ensure The Enezol Company’s
compliance with the principles described in this Privacy Code. The
identity of the individual designated by The Enezol Company as its Privacy
Officer will be available upon request. The Enezol Company
is responsible for personal information in its possession, custody or
control, including information that has been transferred to a third party
for processing. Prior to disclosing any personal information to any
third party, The Enezol Company will use contractual or other means to
provide a comparable level of protection while the personal information is
in the possession, custody or control of a third party. Principle
2 — Identifying Purposes
The Enezol Company
will identify the purposes of the collection of all personal information
collected by it at the time of, or prior to, the actual collection of the
information. Identifying
the purposes for which personal information is collected at or before the
time of collection allows The Enezol Company to determine the information
it needs to collect to fulfill these purposes. The identified purposes
will be specified to the customer at or before the time of collection,
either orally or in writing. When
personal information that has been collected is to be used for a purpose
not previously identified, such new purpose will be identified before
use. The consent of the customer will be required before personal
information can be used for that purpose, unless the new use of that
information is permitted by law. Principle
3 — Consent
The
knowledge and consent of the customer are required for the collection,
use, or disclosure of personal information, except as may be permitted by
law or for security reasons. Such
consent is required for the collection of personal information and the
subsequent use or disclosure of this information. The Enezol Company will
obtain consent for the use or disclosure of the information at the time of
collection. In certain circumstances, consent with respect to the
use or disclosure may be sought after the information has been collected,
but before its use for a purpose not previously identified. The Enezol Company
will make a reasonable effort to ensure that the subject customer is
advised of the purposes for which the personal information will be used.
To make the consent meaningful the purposes must be stated in such a
manner that the customer can reasonably understand how the personal
information will be used or disclosed. Consent can also be given by an
authorized representative (such as a legal guardian or a person having
power of attorney). A
customer may withdraw his or her consent at any time, subject to legal or
contractual restrictions and reasonable notice. The Enezol Company will
inform the customer of the implications of such withdrawal. Absent any
such withdrawal, a customer’s consent is valid for the length of time
needed to achieve the identified purposes. Principle
4 — Limiting Collection
The collection of personal information will be limited to that which is necessary for the purposes identified by The Enezol Company. Information
will be collected only by fair and lawful means. The Enezol Company
will not collect personal information indiscriminately. Both the
amount and type of information collected will be limited to that which is
necessary to fulfill the purposes identified. The Enezol Company
may obtain personal information from customers through hard copy,
electronic or other means or media. Personal information will be
collected by fair and lawful means. Principle
5 — Limiting Use, Disclosure and Retention
The Enezol Company
will not use or disclose personal information for purposes other than
those for which the information was collected, except with the consent of
the customer or as may be permitted by law. The Enezol Company will retain
personal information only as long as is necessary for the fulfillment of
those purposes. As
regards any disclosure to any third party service provider, only the
provision of personal information which is necessary for the provision of
such services will be provided by The Enezol Company to such service
provider. Every such disclosure will be made subject to the protection
measures specified Personal
information that has been used to make a decision about a customer will be
retained long enough to allow the customer access to the information after
the decision has been made. The Enezol Company is subject to
legislative requirements with respect to retention periods. Principle
6 — Accuracy
The Enezol Company
will maintain personal information in such an accurate, complete, and
timely manner as is necessary for the purposes for which it is to be
used. The
extent to which personal information must be accurate, complete and
up-to-date will depend upon the use of information, taking into account
the interests of the customer. Information must be sufficiently accurate,
complete and up-to-date to minimize the possibility that inappropriate
information may be used to make a decision about the customer. The Enezol Company
will not routinely update personal information, unless such a process is
necessary to fulfill the purposes for which it was collected.
Personal information that is used on an on-going basis, including
information that is disclosed to third parties, should generally be
accurate and up-to-date, unless limits to the requirement for accuracy are
clearly set out. Principle
7 – Safeguards
The Enezol Company
will protect personal information with security safeguards appropriate to
the sensitivity of the information. The
security safeguards must protect personal information against loss or
theft, as well as unauthorized access, disclosure, copying, use, or
modification. The Enezol Company will protect personal information
regardless of the format or media in which it is held. The
nature of the safeguards will vary depending on the sensitivity of the
information that has been collected, the amount, distribution, and format
of the information, and the method of storage. Principle
8 — Openness
The Enezol Company
will make readily available to its customers, specific information about
its policies and practices relating to the management of personal
information. The Enezol Company
will be open about its policies and practices with respect to the
management of personal information. Customers are able to acquire
information about The Enezol Company’s policies and practices through
its publications, Website and by telephone. Principle
9 — Customer Access
Upon
request in writing, a customer will be informed of the existence, use and
disclosure of his or her personal information and will be given access to
that information, except where permitted by law. A The Enezol Company
customer will have the right to challenge the accuracy and completeness of
the information and have it amended as appropriate. The Enezol Company
will respond to a written request for customer access within thirty (30)
days after receipt of the request. The Enezol Company will allow the
customer access to this information unless to do so would: •
reveal personal information about a third party; •
breach a solicitor-client privilege; •
potentially threaten the life or security of another individual; •
disclose personal information collected to investigate a breach of an
agreement or contravention of law; or, •
reveal information generated in the course of a dispute resolution
process. In
addition, The Enezol Company will provide an account of the use that has
been made or is being made of this information and an account of the third
parties to which it has been disclosed. If such a request is denied, the
customer will be given reasons for the denial. Before
The Enezol Company provides an account of the existence, use, and
disclosure of personal information of a particular customer, the customer
may be required to provide sufficient information to permit The Enezol Company
to provide an account of the existence, use and disclosure of personal
information. The information provided will only be used for this
purpose. Principle
10 — Customer Inquiries and Challenges
A
customer may inquire about or challenge The Enezol Company’s compliance
with these principles by contacting The Enezol Company’s Privacy
Officer. The Enezol Company has procedures in place to receive and
respond to complaints or inquiries about its policies and practices
relating to the handling of personal information. The complaint procedures
are easily accessible and simple to use. The Enezol Company will investigate all complaints. If a complaint is found to be justified through either the internal or external complaint review process, The Enezol Company will take appropriate measures, including amending its policies and practices, if necessary.
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