Privacy Policy

Overview

All collection of personal information is done by fair and lawful means. Personal information is not collected, used or disclosed until the individual is advised of the purposes (see below) for the collection, use or disclosure and has consented to it. Information is retained for as long as it is needed to fulfill identified purposes and satisfy access and legal requirements. Steps are taken to ensure that personal information held or controlled is accurate, reliable, complete and up-to-date.

Subject persons can request that information be corrected and otherwise act to prevent misuses of the information. Appropriate security measures are taken to protect personal information. There are no secret personal data systems and, upon request, subject persons are informed of the existence, use and disclosure of their personal information and given access to it unless exceptions apply. Persons can challenge whether the company is compliant with these policies. Designated officials ensure the firm complies with these principles. Policies are subject to review and personnel are trained to understand, apply and comply with these policies.

Note: Statements of policy and related practices and procedure may be subject to additional exceptions permitted by applicable law that are not referred to in statements of policy below.

Definitions

“Personal Information” refers to information about an identifiable individual (in any form, recorded or not). The term “subject person” refers to persons whose personal information is held. The term “the company” refers to 1141423 B.C. LTD

Consent and Purpose of Collection

Collections From The Individual

Subject to exceptions stated below, 1141423 B.C. LTD will — on or before the collection of information about the individual from the individual (or before it is used) – only collect, use or disclose personal information when the subject person involved (or their authorized representative) – after being advised of the purposes for which the information will be used has clearly and expressly consented to and has knowledge of the collection, use or disclosure and the purposes for which the information is to be or was collected.

It will, unless it is inappropriate or exceptions apply, identify (on or before collection – verbally or in writing) for subject persons the purposes for which
their personal information will be collected, that is, why it is needed and collected and how it will be used and or disclosed to others.

New Purposes

If 1141423 B.C. LTD uses or intends to use personal information collected for a purpose not previously identified, the new purpose will also be identified. It will give notice and obtain consent before information is used for any purpose not previously identified unless a law requires the new use. Notice will be given verbally or in writing depending on whether the information is collected on an application form, other document or by other means. 1141423 B.C. LTD will document instances where the new use or disclosure is not communicated to the subject person or consented to by that person.

Information Collected From Other Organizations

1141423 B.C. LTD will – on or before collection of personal information about an individual from other organizations – provide information to the other organization regarding the purposes for the collection so the other organization can determine if the collection is in accordance with its policies and applicable laws. If information is collected from another organization without the consent of the individual, the other organization will be provided with sufficient information regarding the purpose of the collection to allow the other organization to determine whether the disclosure would be in accordance with its policy statements and all prevailing laws.

Exceptions

This policy may not apply to cases where it is not possible, practical or appropriate to obtain consent. It may not be appropriate to get consent if: Legal, medical or security reasons exist; information must be collected for the detection and prevention of fraud or for other law enforcement purposes and consent defeats the purpose of collecting the information; the individual is a minor, seriously ill or mentally incapacitated; there is no direct relationship with the individual (e.g. if purchasing a list from another party the party providing the list my be required to get consent); and information is sought from another organization and it would be appropriate for the other organization to obtain consent.

Withdrawing Consent

Subject persons will be advised of their right to withdraw consent (and of the implications of a withdrawal) at any time, subject to legal or contractual restrictions and reasonable notice requirements.

Form of Consent

1141423 B.C. LTD will not obtain consent through any form of deception. Clear and express consent will be given when the information is more sensitive in terms of privacy interests and impacts. Consent may be implied if: information is less sensitive, circumstances reasonably support the view that consent was implied; the purpose is obvious and information is voluntarily provided for that purpose; or there is clearly a legitimate business purpose.

Reasonable Expectations and Purposes

1141423 B.C. LTD will consider the reasonable expectations of subject persons and the type of information collected when it determines what constitutes consent and what form of consent is required given specific circumstances and types of information. It will not require that subject persons consent to purposes that go beyond that required to fulfill the specified purposes as a condition of supplying products or services.

1141423 B.C. LTD will only collect, use or disclose personal information for purposes that a reasonable person would consider to be appropriate in the circumstances. Obtaining consent for the collection, use or disclosure would not be sufficient to justify or legally authorize the action if it is not reasonable or appropriate in the circumstances.

Specific Information Collected and Related Purposes

Basic personal information (name, and home and work contact information, including e-mail address) is collected for the purposes related to: management and administration; providing services identification and establishment of eligibility for services; and legal affairs and risk management.

Business information is collected from persons that are establishing merchant accounts or for the purposes of identifying and dealing with third parties that personal information is collected from or disclosed to. The collection is done for purposes relating to: management and administration; providing service; identification and establishing eligibility for services; legal affairs and risk management.

Personal financial information (amount, date, parties and institution involved, account information) concerning financial transactions carried out using the company’s services (or the services of third parties) is collected or generated automatically for purposes related to: management and administration; providing service; identification and establishment of eligibility for services; and legal affairs and risk management.

Personal credit history information may be collected from person’s establishing
merchant account for purposes related to legal affairs and risk management.

Personal identifiers associated with the user and services provided (passwords and other identifiers e.g. PIN numbers) are set by users and not collected from users directly, but they may be held by and accessible to the Chief Privacy Officer and select security persons designated by him.

Personal information — of the types noted above – regarding the user and third parties may be collected from the user if required by merchants or financial institutions involved with a transaction for the purposes of: verifying information provided by the user; management and administration; providing service; identification and establishment of eligibility for services; and legal affairs and risk management.

Other types of personal information are not collected in the normal course of business, but may be collected (with consent or without consent as laws may allow) for purposes relating to: legal requirements; security procedures; or legal affairs and risk management.

Information collected for identified purposes may be linked with other personal information about the person that the company holds or controls as part of efforts to describe and record the person’s unique identity (profile). The company may relate this information to information collected about other persons or groups as a way to identify those with predefined characteristics that may be more or less inclined likely to pose threats or opportunities for the company.

Specific Collection Methods, Sources of Information and Forms of Consent

Subject to exceptions, 1141423 B.C. LTD will only collect personal information with methods and from sources that are disclosed to subject persons. These are currently as follows:

  • Voluntary collection through application, registration and qualification processes.

Express consent is obtained because users are regularly reminded – when they engage in transactions – of (and encouraged to review) the user agreement and these policy statements and specifically the purposes for which information is collected. Consent is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.

  • Information volunteered and generated when transactions occur using company services or when transactions occur using company services and also the serves of third party financial institutions (when money is transferred into the company’s online payment system, transferred within the system to other users and transferred out or withdrawn from the system).

Express consent is obtained because users are regularly reminded – when they engage in transactions – of (and encouraged to review) the user agreement and these policy statements and specifically the purposes for which information is collected. Consent is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.

If information is transferred to or received from third parties (generally financial institutions) express consent is given when users and person consent to the user agreement and these policies which refer to such third party transfers or when they consent to similar agreements or policies involving the third party. Consent is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.

  • Correspondence e-mails and faxes.

Express consent may be given and is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.

  • Investigations and due diligence carried out for legal and risk management purposes.

Express consent may be obtained if appropriate. Express consent may not be obtained or consent may not be implied if the legal and risk management purposes and circumstances involved are such that exceptions to consent rules apply.

  • Voluntary collection during marketing and sales activities.
Express consent may be given and is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.
  • Voluntary collection when access requests (and requests for changes and correction) are made and handled or during complaint handling or legal and dispute resolution processes.

Express consent may be given and is also implied because the purpose for the collection would be obvious to a reasonable person and information is volunteered for that purpose.

Limited Collection, Use and Disclosure

General Rules

1141423 B.C. LTD will only collect, use or disclose personal information: that a reasonable person would consider appropriate in the circumstances; to fulfill the purposes identified at the time of collection, use or disclosure or the purposes for which it was collected; as otherwise permitted by law.

1141423 B.C. LTD will only collect information by means that are fair and lawful and that do not mislead persons about the purposes for which the information is collected and that are consented to. It will only collect the type and amount of information that is needed to achieve the purposes identified by the organization prior to the collection.

1141423 B.C. LTD will only use disclose personal information for the purposes for which it was collected and which have been consented to by the subject person unless consent for additional uses or disclosures is given or if a law requires the use or disclosure. Wherever possible, it will collect personal information directly from the subject person and not from other sources.

No Collection, Use Disclosure without Management Oversight

1141423 B.C. LTD will not collect, use or disclose personal information to other parties through automated methods without the oversight, analysis and decisions of 1141423 B.C. LTD managers that have access to additional and updated information from internal operating systems or other sources that could impact decisions about the collection, use or disclosure.

Third Party Collections, Uses and Disclosures

1141423 B.C. LTD will use contractual and other methods to ensure that third parties to which information may be disclosed for processing – including subsidiaries and banks that the facilitate transactions – only use the information for the identified purposes and to fulfill the contract and otherwise comply with policies and practices like those of 1141423 B.C. LTD and that provide the same protection. If disclosures are made to organizations that do not meet this standard, 1141423 B.C. LTD will advise the person and ensure standards are met.

1141423 B.C. LTD will use similar contractual and other methods to ensure that information collected from third parties was collected in a manner that complies with standards similar to those expressed in these policies. Terms will require that on or before collection of personal information about an individual from other organizations the company will provide information to the other organization regarding the purposes for the collection so the other organization can determine if the collection is in accordance with all applicable laws. If the collection is made without consent the other organization will be provided with the purposes of the collection to allow the other organization to determine whether the disclosure would be in accordance with its policy statements and all prevailing laws.

Exceptions to General Rule — Collection

1141423 B.C. LTD may collect personal information without the knowledge and consent of the subject person or for purposes other than for which it was collected if: the collection is clearly in the interests of the subject person and consent can’t be easily or quickly obtained; informed consent would likely and reasonably compromise the availability or accuracy of the information and the collection is reasonable for the purpose of investigating the breach of an agreement or the contravention of a law; collection is solely for journalistic, artistic or literary purposes; or the information s publicly available as specified by regulations.

Exception to General Rule – Use

1141423 B.C. LTD may use personal information without the knowledge and consent of the subject person or for purposes other than for which it was collected if: in the course of business, it becomes aware of information and reasonably believes would be useful to investigate past or potential violations of laws in the United States of America or foreign jurisdictions; the information is used to deal with an emergency that threatens the life, health or security of an individual; it is used for statistical or scholarly study or research purposes (if purposes can’t be otherwise achieved, if confidentiality is assured, it is impractical to obtain consent and the Chief Privacy Officer is informed before the use); it is publicly available as specified by regulations; or it was collected without consent and as permitted.

Exception to General Rule – Disclosure

1141423 B.C. LTD may disclose and personal information without the knowledge and consent of the subject person or for purposes other than those disclosed if the disclosure is: made to a lawyer representing the company; for the purpose of collecting a debt owed by the subject person to the company; required to comply with a subpoena or warrant or court order (or equivalent) or to comply with rules of court regarding the production of records; made to a government agency that requested the information and that indicated its lawful authority to obtain the information and its suspicion that the information relates to national security, defense or international affairs.

1141423 B.C. LTD may disclose personal information without the knowledge and consent of the subject person or for purposes other than those disclosed if the disclosure is: requested to enforce (or administer) laws or carry out investigations and intelligence gathering for such enforcement; made on the initiative of the company to an investigative body (defined by regulation) or a government and the company has reasonable grounds to believe the information relates to a breach of an agreement, contravention of a law, national security, defense or international affairs

1141423 B.C. LTD may disclose personal information without the knowledge and consent of the subject person or for purposes other than those disclosed if the disclosure is; made to a person who needs the information because an emergency threatens the life, health or security of an individual; for statistical or scholarly study and research (if purposes can’t be otherwise achieved, if confidentiality is assured, it is impractical to obtain consent and the Chief Privacy Officer is informed before the use.)), made to an institution for archival purposes related to investigating a breach of an agreement or contravention of laws; is required by law.

Employees

1141423 B.C. LTD may, subject to the exceptions noted below, collect, use or disclose employee’s personal information without the consent of the individual employee, but only in circumstances where exceptions to the consent, use of disclosure rules generally apply or where the collection is reasonable for the purposes of establishing, managing or terminating an employment relationship between the organization and the individual.

1141423 B.C. LTD will notify the individual that it will be collecting, using or disclosing employee personal information about the individual and the purposes for the collection, use or disclosure before the organization collects the employee personal information without the consent of the individual. It will not do so if consent rules do not apply to the collection, use or disclosure.

General

1141423 B.C. LTD may engage in limited forms of automated blanket monitoring or spot checks for quality control or security purposes. It will keep records of those program activities and those records will be available upon request, subject to security restrictions and other policy statement.

Retention and Destruction

1141423 B.C. LTD will only retain personal information for as long as the information is necessary to fulfill the purpose that the information was collected for and that were communicated to the subject person and consented to by that person, but retention periods may vary given: the purposes for which information is collected, use or disclosed; the type and sensitivity of information involved; and the legal requirements that apply.

Personal information that is no longer required to fulfill the identified purposes – or other legal or business purposes will be destroyed, erased or made anonymous – in a manner that is irreversible – in accordance with the minimum and maximum retention periods and other guidelines and procedures set down by the company or by various laws for specific types of information.

Any type of personal information used to make a decision about an individual (that directly affects the individual) will be retained long enough to allow the individual to access the information after the decision is made or to exhaust any legal recourse they may have regarding the information.

Note: The company will not make determinations about when personal information is no longer necessary to fulfill the purposes for which it was collected or for other legal and business purposes and what the retention period for specific personal information period will be until it has conducted its full first program review and until its legal counsel has advised that information is not needed for legal purposes. The means of destruction shall also not be decided until that time.

Security

1141423 B.C. LTD will protect all personal information it holds or controls by utilizing security measures that are appropriate to: how the information is collected, used and disclosed; the type and sensitivity of the information; the amount, distribution, and format of the information; and the methods of storage and handling.

It will protect personal information, against; accidents or intentional or negligent acts; loss or theft; unauthorized access; unauthorized disclosure; unauthorized copying and use; unauthorized alterations or modifications; unauthorized destruction; and other reasonably foreseeable internal and external threats — and, where possible and reasonable in the circumstances, notify subject persons when major breaches of security allow unauthorized persons to obtain access to the information.

Access and Accuracy

1141423 B.C. LTD will, when it receives a written request or inquiry from a subject person regarding their personal information, inform the person of the collection, existence, use and disclosure of the information – and, where possible, the source of the information – and provide the person with access to their personal information.

1141423 B.C. LTD will ensure that the personal information it holds or controls is accurate, complete and up-to-date to the extent necessary given the purposes for which the information is used, the privacy and other interests of the subject
person involved and decisions involved. It will not routinely update personal information, unless it is necessary to fulfill the purposes for which the information was collected.

Accountability, Compliance, Openness, Program Overview

1141423 B.C. LTD has designated a Chief Privacy Officer (CPO) to oversee our privacy policy and to respond to your concerns or questions about privacy and confidentiality – or any concerns about the way a request for personal information was handled. The 1141423 B.C. LTD CPO can be contacted directly in writing at : 23852 Pacific Coast Highway Suite 468 Malibu, California 90265.The company remains ultimately responsible for compliance. The CPO is responsible to ensure that:

  • Policy statements and related practices and procedures reflect applicable laws and standards.
  • The company applies and complies with its policies and procedures when it collects uses and discloses personal information – including information in its possession, information that may not be in its possession but which it controls and information transferred to or received from third parties.
  • Similar policies are applied to information collected, used or disclosed with regard to corporate or commercial entities (these policies apply only to “personal information”).
  • Information about these policies and related practices and procedures are readily available to subject person.
  • All aspects of the company’s privacy and personal information management programs are reviewed annually or more regularly.
  • The company receives, responds to and investigates any complaint regarding the collection, uses or disclosure of specific information or any challenge concerning its privacy and personal information management programs unless they are unreasonable, frivolous, repetitive, mischievous or vexatious.
  • These policies and procedures are applied when funds are loaded, when funds are moved or transferred to other members or merchants and when funds are withdrawn from the company’s online payment system.