ACN Canada's Privacy Policy

Overview

All Communication Network of Canada Co. and Excel Telecommunications (Canada) Inc. (collectively "ACN Canada") are committed to protect the privacy of our customer information. We fully support the spirit and intent of Canada's privacy legislation - The Personal Information Protection and Electronic Documents Act (PIPEDA). Although ACN Canada has always had information protection policies and procedures in place, the purpose of this document is to provide our customers with information on our current policies and procedures. In particular, this document will provide information about ACN Canada's policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by ACN Canada and is not sold to third parties.

You may have questions as you read this document. For further information about ACN Canada or the protection of personal information, please contact ACN Canada's Privacy Officer at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.

Our privacy policies and procedures are subject to change. For the most recent version of this Privacy Policy, please check our website: www.acncanada.ca

Accountability

ACN Canada has appointed its Privacy Officer as the person who will be primarily responsible for ACN Canada's policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.

Identifying Purposes

ACN Canada collects personal information for a variety of purposes including processing your request for services from ACN Canada. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN Canada also analyses and uses customer information to better improve the products that we offer to our customers. We analyze personal information relating to you in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you and to offer you those products and services. Where a third party or an affiliate of ACN Canada has a product or service that may be of interest to you, we will forward information relating to any such product or service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information.

Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable ACN Canada to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form. ACN Canada does not sell, rent or lease personal information to third parties.

From time to time, ACN Canada may outsource certain account processing, or other customer service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, ACN Canada releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United Statesand as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States.

From time to time, ACN Canada is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed. Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information.

As you know, ACN Canada offers its products and services through a network of Independent Representatives to whom you may have already given personal information. ACN Canada Independent Representatives are bound to observe the confidentiality of your personal information and have agreed to comply with ACN's privacy policy. Our Independent Representatives are also provided with information relating to your use of ACN Canada products and services in connection with the commissions they receive on customer usage of ACN Canada products and services.

Consent

The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required by law.

Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. ACN Canada will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected, used or disclosed. For example, ACN Canada will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect ACN Canada's ability to offer or provide, or to continue to offer or provide products or services to you.

All requests for local, long distance or other service with ACN Canada require either a signed Letter of Authorization or phone order verification prior to ACN Canada proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes section, the conditions of applying for service with ACN Canada are specifically addressed on all LOA's. When you apply for service from ACN Canada we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above.

Limiting Collection

The type of personal information that is collected may include:

. The customer's correspondence language preference, first, middle initial and last name, full mailing address, estimated long distance usage, date of birth, credit card number.
. Banking information to facilitate pre-authorized, or other, payments.
. Information that will assist and enable ACN Canada to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada.

The personal information collected is limited to information that is necessary for the purposes identified above. Certain personal information may also assist ACN Canada in obtaining a credit bureau report, to review and make a decision about the applicant's request for service. Additionally, this information enables ACN Canada to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you.

Limiting Use, Disclosure and Retention

ACN Canada's use of personal information will be only for the purposes listed above and, in particular, in order to facilitate the provision of services to you, for identifying, credit decision reporting and if required, the collection of any outstanding amounts for services rendered. Information provided by ACN Canada to affiliates, vendors or suppliers is provided under a contractual agreement that the information will be held in confidence, protected, and properly safeguarded according to the standards of ACN Canada's privacy policy.

Personal information relating to customers may be shared with, and used or analyzed by, between or among ACN Canada's parent, affiliates and authorized agents and independent representatives with whom ACN Canada has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with ACN Canada's corporate transactions or business. In each case, however, ACN Canada will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy.

ACN Canada provides commissions to Independent Representatives in accordance with ACN Canada's marketing plan. Personal information relating to customers may be provided in connection with ACN Canada's commissioning process.

Retention

Your personal information will be retained either in a file titled with your name at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 or at ACN Inc.'s corporate office located at 1000 Progress Place, Concord, NC 28025-2449 . ACN Canada retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.

Accuracy

ACN Canada continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, ACN Canada will update the information in our system upon receipt and verification, if necessary.

Safeguards

We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy.

Personal information in hard copy (paper) form (such as a LOA) is held securely within ACN Canada. Access to ACN Canada's file storage room is granted to only a limited number of individuals who are also required to maintain the security of ACN Canada's files.

Openness

ACN Canada would be pleased to discuss this policy, and the steps that ACN Canada has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9 Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.

Individual Access

Requests for access to personal information should be forwarded, in writing, to the attention of the ACN Canada Privacy Officer. As ACN Canada carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. ACN Canada may, for example, require information such as examples of telephone numbers the customer would have recently called, recent payments made to ACN Canada and other relevant information as may be necessary.

Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to ACN Canada's Privacy Officer for review and resolution.

Challenging Compliance

Should any individual, business or customers of ACN Canada wish to challenge our compliance with respect to PIPEDA or ACN Canada's measures to address the security of personal information, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226. ACN Canada's complaint resolution procedures will be made available upon request.

Should you have any questions with respect to the ACN Canada privacy policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, or to withdraw your consent, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque O., bur. 700 Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@acninc.com, or by telephone at 1 888 383-8226.