CYBERNB ASSOCIATION INC.

PRIVACY POLICY



GENERAL


Commitment to Privacy. CyberNB takes the privacy of its users of the Subject Services seriously. CyberNB has developed the Privacy Policy to clearly set out its practices in relation to Personal Information. CyberNB wants to ensure You are aware of CyberNB’s commitment to the ten accepted principles of privacy; namely:

1. Accountability

2. Identifying purposes

3. Consent

4. Limiting collection

5. Limiting use, disclosure and retention

6. Accuracy

7. Safeguards

8. Openness

9. Individual access

10. Challenging compliance


POLICY AND CONSENT


Policy. The Privacy Policy governs Your use of CyberNB’s services generally including CyberNB’s website and other web interfaces (the “Subject Services”). By using or accessing the Subject Services You agree to the terms of the Privacy Policy and expressly consent to CyberNB collecting, using and disclosing the Information specified herein for the uses set out herein.

Withdrawal of Consent. YOU MAY WITHDRAW YOUR CONSENT AT ANY TIME BY CONTACTING CYBERNB THROUGH ITS WEBSITE OR AT THE ADDRESS BELOW.

Accountability. The principles of privacy are derived from the Personal Information Protection and Electronic Documents Act, Canada (“PIPEDA”). The Office of the Privacy Commissioner of Canada (the “OPCC”) is responsible for administering PIPEDA and ensuring compliance. The OPCC can be contacted at https://www.priv.gc.ca.

Questions. If You have any questions about CyberNB’s Privacy Policy, please contact CyberNB through CyberNB’s website or write to CyberNB at Knowledge Park, 40 Crowther Lane, Suite 220, Fredericton, NB E3C 0J1or info@cybernb.ca.


PURPOSES, COLLECTION, USE, DISCLOSURE AND RETENTION


Purposes of Collection Generally. CyberNB is responsible for ensuring that CyberNB complies with the principles of privacy and PIPEDA. CyberNB achieves this by only collecting Information You are told is being collected and are willing to provide to CyberNB. Most importantly, CyberNB only collects Information which is necessary for it to provide the

Subject Services to You. The Privacy Policy describes the purpose of the collection of Information which includes:

(a) the delivery of the Subject Services and the display and delivery of customized content and advertising;
(b) researching, analyzing and auditing the Subject Services, CyberNB’s systems, website and other web interfaces, and the Information in order to continue to provide the Subject Services and to provide a personalized experience for the users of the Subject Services;
(c) ensuring and protecting CyberNB’s property and its rights and those of the users of the Subject Services; and
(d) developing new Subject Services or enhancing current Subject Services.


Collection and Use of Personal Information. Generally, CyberNB will require only limited Personal Information from any individual but in some cases may need more specific Personal Information when such individual logs onto CyberNB’s systems, website and other web interfaces, such as Your email address, name, account credentials and account password. In some cases, You may be requested to provide more specific and sensitive Personal Information, depending on the Subject Services You seek to use, including Personal Information relating to Your employment, health and financial status and history. All such Information enables CyberNB to provide a personalized service, receive enquiries and requests for information, providing You with information about the resources and services available and receive your opinions and comments regarding CyberNB’s programs and services.

All Information is collected only in order to provide the Subject Services You seek to use and is kept only as long as is necessary to provide You with such Subject Services, to prepare analytics as outlined below and for CyberNB to comply with CyberNB’s obligations as set out below.


Collection and Use of Analytics and other Non-Personal Information.


CyberNB may also collect certain Information automatically and may make use of and engages the services of third party analytics providers (the “Analytics Providers”). Analytics Providers provide CyberNB with tracking Information by helping CyberNB collect, aggregate and prepare certain Information about how You use the Subject Services as well as how the Subject Services are performing. The Information that CyberNB and the Analytics Providers may collect, store and use includes Your name, email, address, Your activity in using the Subject Services, including the content You share through the Subject Services, Your account identifier, Your account language code, as well operating system, operating system version and similar items. This Information enables CyberNB to build audience profiles, aid strategic development and analyze use of its resources.


CyberNB may also collect log Information which is sent by Your browser and gathered by CyberNB’s or CyberNB’s Analytics Provider’s servers automatically. This is typically Your IP

address, date and time of Your request to visit CyberNB’s website and other web interfaces and other Information sent by Your browser. Some of the Information which is sent by Your browser may be able to be adjusted by You when You configure Your browser. If You have any concerns with this type of Information You should first review Your browser settings and any further concerns You may have can be addressed by CyberNB if it relates to what Information it collects.


Information related to any links You may click on from CyberNB’s website and other web interfaces or any applications of third parties that You may download from CyberNB’s website and other web interfaces may be collected and kept along with the log Information. In certain cases, this Information along with a personal profile (which You set up with CyberNB in order for it to provide Subject Services) may be combined in order to provide better service to You and provide You with personalized offers or promotions.


CyberNB may share some of the Information CyberNB collects from You with vendors and other service providers who work with CyberNB to support the internal operations of the Subject Services. These organizations may use this Information to track, improve and otherwise deliver the applicable Subject Services.


Communications with CyberNB. If You send CyberNB an email or other form of communication, CyberNB will only collect, retain and use the Information you submit in order to address the subject of Your communication. The length of retention of this Information is tied to the issue at hand and will be destroyed as soon as the subject You wanted addressed has been dealt with, subject to retention on any backup systems operated by CyberNB.


Other Parties and Disclosure. CyberNB does not disclose Your Information to any third party other than as set out in the Privacy Policy, as required for the purpose of providing the Subject Services to You or as required by PIPEDA. If CyberNB was to make other disclosure in the future for any particular instance other than as set out above, it would first obtain Your consent. CyberNB and its employees and agents will only access and use any Information as is required to provide the Subject Services You want and for the purposes set out above. All CyberNB employees and agents are aware of the Privacy Policy and are required to always act in accordance with the Privacy Policy. CyberNB may also be forced to access, use, preserve or disclose Information when it, in good faith, finds that it is necessary to (i) satisfy any law, legal process or lawful governmental request, (ii) enforce an agreement with a user of Subject Services or investigate an issue related to a the Subject Services provided to a particular user, (iii) address, in any way, fraud, security or technical issues, or (iv) prevent harm to the rights and safety of CyberNB or users of the Subject Services, or the public, as required or permitted by law.


Information Received from Third Parties. CyberNB may receive Information from third parties which provide the Subject Services or assist CyberNB in providing the Subject Services via such third parties’ website and other resources. This Information will be limited to the type of Information set out above and will be dealt with in accordance with the Privacy Policy. For example, when You use or connect to CyberNB’s website and other web interfaces or access such resources by or through a third party platform, You allow CyberNB to access and collect certain Information from Your third party platform profile and account. You also allow CyberNB to access Information contained in cookies placed on Your device by the third party platform as permitted by the terms of Your agreement and privacy settings with such third party platform.


Third Parties. CyberNB is prudent in picking its partners and in allowing such partners’ sites to be linked with CyberNB’, including its website and other web interfaces. Notwithstanding such prudence, any Information You share with these third parties is governed by their respective privacy policies and You should review such policies before You provide such third parties with any Information.


ACCURACY, OPENNESS, INDIVIDUAL ACCESS AND SAFEGUARDS


Accuracy. CyberNB’s Information comes from users of the Subject Services and as a result should be accurate when submitted. CyberNB does not change or otherwise amend or alter this Information so it should remain accurate.


Individual Access and Corrections. If You have any concerns about the accuracy of Your Information, You can contact CyberNB as set out above and provide CyberNB with updated Information, ask that CyberNB delete Your Information or ask to see all of Your Information to ensure that it is accurate. CyberNB will make reasonable efforts to promptly deal with all such requests. If You are making such a request, please ensure You identify yourself and the Information You are inquiring about as otherwise CyberNB may not be able to process Your request. In limited circumstances, CyberNB may not be able to satisfy a request because, among other reasons, it would be extremely impractical as a result of the nature of the request or the request may relate in part to Information of others or the Information may be required for CyberNB to comply with the Privacy Policy. These types of requests are rare and CyberNB will always use reasonable efforts to process all requests. If CyberNB is not able to process a request, it will make reasonable efforts to tell You why in writing.


Security and Other Safeguards. CyberNB’s servers and communications are secure, encrypted and continuously monitored by software to ensure Your Information is safe. Personal Information provided to CyberNB is processed on CyberNB’s servers and on the servers of CyberNB’s partners and consultants to provide the Subject Services and is managed in accordance with the Privacy Policy.

Transfers and Mergers, Acquisitions and Sales. CyberNB may transfer all of the Information collected if it becomes involved in a merger, acquisition, or any form of sale of some or all of CyberNB’s assets. Before this happens, it will make reasonable efforts to ensure the confidentiality of all Information addressed in the Privacy Policy before such a transaction takes place.


Challenging Compliance. Please contact CyberNB if You have any concerns with the Privacy Policy or CyberNB’s compliance with it or the principles of privacy as outlined herein. You can also contact OPCC if CyberNB is not able to address Your concerns.



CHANGES


Changes to the Privacy Policy. CyberNB may from time to time and at any time, in its sole discretion, amend the Privacy Policy to modify, change, amend, delete, add new, replace and restate any provisions of the Privacy Policy or the Privacy Policy in its entirety by publishing such revised Privacy Policy on its website. Any revision to the Privacy Policy shall become effective as to You upon such publication of the revised Privacy Policy. CyberNB is under no obligation to provide You with any particular or additional notice of any such revision of the Privacy Policy. CyberNB may make reasonable attempts to notify You, if possible, of such changes, but shall be under no obligation to do so.


INTERPRETATION


Definitions. In the Privacy Policy:

“Applicable Law” in respect of any Person, property, transaction or event, means all Laws applicable to that Person, property, transaction or event or having or purporting to have authority over that Person, property, transaction or event;

“Approval” means an approval, authorization, consent, permit, grant, licence, privilege, right, order, judgement, ruling, directive, ordinance, decree, registration, filing and certification;

“Governmental Authority” means any domestic or foreign government, including any federal, provincial, state, territorial or municipal government, and any government agency, tribunal, commission or other authority exercising or purporting to exercise executive, legislative, judicial, regulatory or administrative functions of, or pertaining to, government;

“Information” includes Personal Information;

“Law” means any present and future law, statute, regulation, treaty, judgments and decree and all applicable requirements, requests, official directives, rules, consents, Approvals, authorizations, guidelines, orders and policies of any Governmental Authority;

“Person” means any natural person, sole proprietorship, partnership, corporation, trust, joint venture, any Governmental Authority or any incorporated or unincorporated entity or association of any nature;

“Personal Information” means personal information or personally identifiable information including names, phone numbers, addresses, credit card information, social insurance numbers, account or financial information and medical or health related information and any other personal data or information as defined or protected by Privacy Legislation and any other Applicable Law; and

“Privacy Legislation” means any applicable Canadian or other foreign government Laws relating to the collection, processing, transmission, storage of Personal Information and privacy, including PIPEDA and the Applicable Law of a province that governs the protection of Personal Information; and

“You”, “Your” and similar words include any Person who makes use of the Subject Services or for whose benefit the Privacy Policy has otherwise been implemented.


Headings and References. The division of the Privacy Policy into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Privacy Policy.


Extended Meanings. Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders. The terms “including”, “includes” and like terms mean “including without limitation”, “includes without limitation” and like phases.

Statutory References. Each reference to an enactment is deemed to be a reference to that enactment, and to the regulations made under that enactment, as amended or re-enacted from time to time.