COLOURONE IS IN COMPLIANCE WITH OBLIGATIONS UNDER THE PERSONAL INFORMATION PROTECTION ELECTRONIC DOCUMENTS ACT (the “Act”) - PIPEDA
REFERENCE IS HEREBY MADE to the definition of “Personal Information” and “Commercial Activity” in the Act which are reproduced on Schedule “A” attached hereto.
1. Acknowledges and agrees that:
a) From time to time it supplies personal information (the “Information”) to ColourOne and instructs ColourOne to use that information in the course of preparing, sending direct-mail and fulfillment packages to the parties identified in the Information;
b) The "Information" which it discloses to ColourOne will be exposed to the employees and persons involved in ColourOne workplace in the preparation and attending to the task for which ColourOne has been retained; and
c) It has reviewed the "Act" and in particular, the definition of “Personal Information” and the obligations of a party with respect to the collection, use and disclosure of such personal information.
2. Acknowledges, agrees and declares that:
a) It has obtained the consent as required by the "Act" from the parties in respect of whom it has collected the "Information" as is necessary in order to disclose the said "Information" to ColourOne and is necessary to allow ColourOne to use and disclose the "Information" in accordance with the instructions ColourOne has received from the undersigned with respect to the same;
b) Its disclosure of the "Information" to ColourOne is not in violation of the rights of any individuals from whom the "Information" has been collected;
c) It shall promptly advise ColourOne in the event it receives any complaints from any individual in respect of the use of that individuals information or the receipt by that individual of any communication or product sent to that individual pursuant to the engagement by the undersigned of ColourOne; and
d) It shall hold and indemnify the ColourOne from any claim, damage or harm which the ColourOne may suffer as a result of any claim made against ColourOne by any individual or otherwise in respect of the collection, use and disclosure of the Information as provided ColourOne by the undersigned.
SCHEDULE “A”
“Commercial Activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.