PIPEDA and equivalent provincial legislation governs the collection, use and disclosure of personal data. Every transaction involving the handling of personal data (collection, use, transfer, disclosure, storage, accessing, processing, etc.) will be conducted in accordance with the law.
This legislation requires organizations which transfer personal information to third parties to use contractual or other means to provide a comparable level of protection to that information while it is in their custody. For this reason, we have determined that a reciprocal Data Privacy clause is required to be added to all of our agreement(s) to protect both of our interests.
These precautions are for the protection of our clients, and in point of fact, they reflect our current practice. Please conatct us should you have any concerns or simply require more information.
DATA PRIVACY CLAUSE
In addition to the parties’ obligations under any existing agreements, the following provisions shall apply in the event that one party makes Personal Data available to the other:
“Personal Data” refers to information relating to an identified or identifiable individual made available by one party, its personnel or any other individual to the other party in connection with an agreement between them.
- Each of the parties is responsible for complying with any obligations applying respectively to each of the parties under applicable Canadian DATA privacy laws and regulations (“Laws”).
- Neither party will reuest Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data shall be reasonable. Each of the parties will agree in advance as to the type of Persona Data which is required to be made available.
If you have any questions regarding the Data Privacy clause, please contact your Lexi.net representative, or call 1-877-573-2506.
B. Security Safeguards
- Each of the parties acknowledges that is is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.
- Each of the parties will ensure that Personal Data is protected in accordance with the security safeguards communicated to the other.
- Each of the parties will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of these provisions.
- Additional or different services required to comply with the laws will be deemed a request for new services.
- Each of the parties agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.
D. Access Requests
- Each of the parties agrees to reasonably cooperate with the other in connection with access requests for Personal Data.
- Each of the parties agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.
- Each of the parties agrees to amend Personal Data only upon receiveing instructions to do so from the other party, its personnel or any other individual.
- Each of the parties will promptly return to the other or destroy all Personal Data which is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other party, its personnel or any other individual or required by law.