Sunniva™ Inc. Privacy Policy

Last Updated: August 28, 2017

Your privacy is important to Sunniva Inc. (“Sunniva”). This Privacy Policy explains how Sunniva collects, uses, discloses and retains personal information, including information collected by Sunniva through its website, telephone calls, correspondence and when providing products or services.

1. Your Consent

By providing Sunniva with your personal information, you consent to the collection, use, disclosure and retention of that information by Sunniva in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to Sunniva, but then you might not be able to proceed with your intended interactions or transactions with Sunniva or otherwise receive the full benefit of Sunniva’s products and services.

2. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual (e.g. an individual’s name, postal address, telephone number and email address) or other information defined by applicable law as “personal information”, “personally identifiable information” or “personal data”, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.

3. How Sunniva Collects Personal Information

(a) Information You Provide
You may be asked to voluntarily give your personal information to Sunniva when you interact or transact with Sunniva, including when you subscribe to a newsletter or similar communication, submit your personal information using an electronic form on Sunniva’s website, request information or use a product or service provided by Sunniva. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with Sunniva or otherwise receive the full benefit of Sunniva’s website or the desired product or service.

If you give Sunniva the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to Sunniva and to Sunniva’s use, disclosure and retention of the personal information.

(b) Automated Collection
Sunniva may use technologies (e.g. cookies) to automatically collect certain information regarding your use of Sunniva’s website, such as: the dates and times that you access and use the website; the browsers, operating systems, software, devices and networks that you use to access and use the website; the IP address of the computer or device you use to access the website; and details of your access and use of the website. Sunniva may use that information to recognize you as a user of Sunniva’s website and to facilitate and improve your use of Sunniva’s website and to improve the website.

You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of the website.
Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Sunniva will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

(c) Information from Other Sources
Sunniva may collect personal information from various publicly available sources.

4. How Sunniva Uses Personal Information

Sunniva may use your personal information collected by Sunniva for purposes relating to or arising from your interactions and transactions with Sunniva and as otherwise set out in this Privacy Policy or permitted by applicable law, including:

  • to administer your relationship with Sunniva, including by creating and managing a confidential profile about you and your contract(s) with us, and to contact and correspond with you regarding those matters;
  • to provide products and services to you;
  • to present Sunniva’s website and related content to you;
  • to facilitate your interactions and transactions with Sunniva, including to process your applications, requests, orders and transactions and send notifications to you;
  • to process and respond to your inquiries, requests and other communications;
  • to provide you with information (including by email and other electronic messages) regarding Sunniva and its products and services and related products and services offered by other businesses, to the extent permitted by applicable law;
  • to administer and facilitate your participation in contests and promotions related to or administered by or on behalf of Sunniva;
  • to improve Sunniva’s products and services and to develop new products and services;
  • for other purposes described by Sunniva with your express or implied consent; and
  • to protect and enforce Sunniva’s legal rights, interests and remedies and to protect the businesses, operations and customers of Sunniva or other persons.

Sunniva may combine your personal information collected by Sunniva through various sources (including information collected through its website).

5. How Sunniva Discloses Personal Information

(a) General
Sunniva discloses your personal information for purposes relating to or arising from your relationship and transactions with Sunniva and as otherwise set out in this Privacy Policy or permitted by applicable law.

(b) Specific Consents
Sunniva may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with Sunniva.

(c) Suppliers and Service Providers/Service Providers
Sunniva may disclose your personal information to Sunniva’s suppliers, service providers and other third parties engaged by Sunniva to assist Sunniva in the provision of information, products and services to you, to provide services to Sunniva, to assist Sunniva to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.

(d) Law Enforcement/Legal Disclosures
Sunniva may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Sunniva may disclose your personal information to law enforcement agencies or other independent organizations if Sunniva reasonably believes the disclosure is required, necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Sunniva reasonably believes the disclosure is necessary or appropriate to protect and enforce Sunniva’s legal rights, interests and remedies or to protect the rights, interests, businesses, operations or customers of Sunniva or other persons (including to detect and prevent fraud and other illegal activities, enforce any of the terms of use, terms of service or other agreements that govern access to or use of Sunniva’s website or any of Sunniva’s products or services). Sunniva has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom Sunniva discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons are not subject to this Privacy Policy.

(e) Business Transactions
Sunniva may disclose or transfer your personal information in connection with a proposed or actual business transaction in which Sunniva is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Sunniva’s business or assets), but Sunniva will require the information recipient to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

6. Retention of Personal Information

Sunniva retains your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Sunniva’s legal obligations or enforce or protect Sunniva’s legal rights, or a longer period required or permitted by applicable law. Sunniva will either delete or dispose of your personal information, or depersonalize the information, reasonably promptly after Sunniva is no longer reasonably required to retain the personal information for the purposes set out or referenced in this Privacy Policy.

7. Location of Personal Information

Sunniva and its service providers may process, store and use your personal information at facilities in various countries, including Canada, the United States of America and one or more countries in Europe or Asia. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Sunniva, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.

8. Protection of Personal Information

Sunniva uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Sunniva’s possession or under Sunniva’s control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Sunniva cannot guarantee the security of your personal information or that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

9. Accuracy and Access to Personal Information

Sunniva will rely on you to ensure that the personal information that you provide to Sunniva is as accurate, complete and up to date as necessary for the purposes for which Sunniva uses the personal information. You will promptly notify Sunniva of any changes to the personal information that you provide to Sunniva using the procedures made available for that purpose by Sunniva or by contacting Sunniva’s Privacy Officer using the contact information noted below.
You may reasonably request access to your personal information collected by Sunniva and information about Sunniva’s use, disclosure and retention of that personal information by submitting a written request to Sunniva’s Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your personal information. Sunniva may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Sunniva reasonably believes that the requested access would infringe or jeopardize the privacy of other persons or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

10. Non-Personal Information

Sunniva creates and collects non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Sunniva may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Sunniva will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with personal information.

11. Other Websites and Businesses

Sunniva’s website and correspondence (including emails, messages and social media posts) may include links to websites operated by independent businesses. Sunniva has no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain personal information, please contact the owner or operator of the website, service or business.

12. Other Matters

(a) Disclaimers, Liability Exclusions/Limitations and Disputes:
The Sunniva Website Terms of Use (online at www.sunniva.com/terms-conditions) and other agreements that you accept when you apply, register for, order or use Sunniva’s website, products or services contain important provisions, including provisions disclaiming, limiting or excluding the liability of Sunniva and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Sunniva’s collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they were reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.

(b) Employment:
To the extent permitted by applicable law, Sunniva may use and disclose your personal information to administer and process your application for employment with Sunniva and related matters.

(c) Children’s Privacy Protection:
Sunniva does not knowingly collect personal information from children who are under 13 years of age. No one under age 13 may use any functionality of Sunniva’s website. If you are under 13 years of age, do not provide any information on Sunniva’s website, including any information about yourself to us. Please immediately contact Sunniva’s Privacy Officer using the contact information noted below if you believe that Sunniva has unintentionally collected personal information from a child under 13 years of age.

(d) Unsubscribing to Electronic Marketing Messages:
You may unsubscribe from Sunniva’s electronic marketing messages (e.g. newsletters) by using the unsubscribe mechanisms included in the messages or by sending an unsubscribe request by email to info@sunniva.com.

(e) Changes to this Policy:
Sunniva may change this Privacy Policy as it applies to Sunniva from time to time by posting a new version of this Privacy Policy on Sunniva’s website. Sunniva’s collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Sunniva after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Sunniva as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.

(f) English Language:
You and Sunniva have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que cette Politique de confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.

(g) Contacting Sunniva’s Privacy Officer:
If you have any comments or questions about this Privacy Policy or how Sunniva deals with your personal information, please contact Sunniva’s Privacy Officer by email to privacy@sunniva.com, by phone at 587-430-0688 or by mail to Privacy Officer, Sunniva Inc., Suite 400, 355 -4th Ave S.W., Calgary, AB, T2P 0J1.