ACN Canada Privacy Policy

LKN Communications, Inc. (dba ACN, Inc.), a Michigan corporation, and its North American subsidiaries and affiliates including, without limitation, All Communications Network of Canada Co. (for purposes of this ACN Privacy Policy, collectively referred to as “ACN”, “We”, “Us” or “Our”) takes the privacy of Our Independent Business Owners (“IBOs”), customers and users of Our websites (for purposes of this ACN Privacy Policy, collectively referred to as “You”, “Your” or “Yours”) seriously. We are committed to safeguarding Your privacy while providing You with high-quality services and products.

Objective and Scope of This Privacy Policy

This ACN Privacy Policy (this “Privacy Policy”) applies to ACN and You and explains Our data processing practices in the North American countries in which We operate. ACN processes personal data in accordance with the requirements of the data protection laws and other applicable laws and regulations of the countries in which We provide products and services. In Canada, this Privacy Policy is a formal statement of the principles and guidelines that govern our practices at ACN and ensure that we meet the requirements of the Personal Information Protection and Electronic Documents Act, the privacy rules established by the Canadian Radio-television and Telecommunications Commission (“CRTC”) and all other applicable federal and provincial laws and regulations. This Privacy Policy applies to personal data as defined by applicable data protection laws and to other personally identifiable information provided by or related to You (collectively referred to as “Personal Data”). This Privacy Policy describes how We collect, use and disclose Personal Data, Your right to determine how We collect, use and disclose Your Personal Data, and Your right to access, correct, and delete Your Personal Data. Additional information about Our collection, use and disclosure of Your Personal Data with respect to specific ACN services and products is found in the relevant terms and conditions, notices, and statements for those services and products.

Who Collects Your Personal Data

Your Personal Data is initially collected by the ACN company: (1) with which You enter into an agreement to become an ACN IBO; or (2) from which You purchase ACN services and products; or (3) whose website You visit. Please refer to Your IBO Agreement or the terms and conditions of the ACN Website that You visit or the agreement for the services and/or products that You have purchased from ACN to identify the relevant ACN company. Your Personal Data is shared only with other members of the ACN group of companies and with third parties as described in this Privacy Policy.

Consent to Collect, Use and Disclose Personal Data

We collect, use and disclose Your Personal Data only with Your consent, except in the circumstances listed below. You may withhold or withdraw consent for ACN to collect, use or disclose Your Personal Data, subject to any applicable legal or contractual restrictions. Certain Personal Data is required for Us to provide services or products to You and, accordingly, Your withholding or withdrawal of consent to use that Personal Data may prevent ACN from providing the services and products that You have requested.

Implied consent for ACN to collect, use and disclose Personal Data for all identified purposes in this Privacy Policy is also obtained in the following circumstances: (1) when You apply for ACN services and/or products; (2) when You use ACN services and/or products; (3) when You apply to become an IBO; (4) when You operate as an IBO; and (5) when You access ACN's websites.

ACN may collect, use or disclose Personal Data without Your knowledge only in the following, exceptional circumstances:

  • where it is clearly in the interest of You and consent cannot be obtained in a timely way, such as when the individual is a minor, seriously ill or mentally incapacitated;
  • where it is in relation to the investigation of a breach of an agreement;
  • where it is in relation to the legal representation of ACN;
  • where it is necessary to collect a debt owed to ACN;
  • where it is necessary to comply with a subpoena, warrant or other court order;
  • where it is for any other purpose otherwise required by applicable law; and
  • in the case of an emergency where the life, health or security of an individual is threatened.

What Information Do We Collect?

The Personal Data and other information that We collect varies depending on Your relationship with ACN. Among the Personal Data and other information that We may collect from You are the following:

  • name;
  • company details;
  • residential and/or business address;
  • date of birth;
  • national identification or social security number;
  • telephone number;
  • IP and MAC addresses and browser information;
  • email address;
  • banking details, credit or debit card information, or other information needed to process payments to or from You;
  • demographic information such as Your profession, hobbies, education, gender, ethnicity, and income;
  • location information; and
  • other identifying information.

How Do We Collect Information?

We collect Personal Data and other information from You in a variety of ways, including:

  • the submission of Personal Data by You to ACN through Our websites;
  • the submission of a paper or online order for ACN services or products;
  • the submission of an IBO Application and Agreement;
  • through Your use of Our IBO or customer websites, services and products;
  • when We and You communicate by email, telephone, fax, chat line, or otherwise;
  • provision of Your Personal Data to ACN by ACN’s business partners; and
  • the use of cookies.

ACN shall limit the collection of Personal Data to that which is necessary for appropriate purposes identified by ACN. ACN shall collect Personal Data by fair and lawful means. Although ACN collects Personal Data primarily from You, ACN may also collect Personal Data from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have a right to disclose such Personal Data.

ACN will not contact You by telephone or email to request sensitive information such as credit card numbers, account numbers, passwords, and PIN codes. We recommend that You do not respond to telephone calls or emails requesting this type of information and that You contact Us if You receive such a request that purports to be from ACN.

Use of Cookies

Cookies are small text files that are sent to Your computer so that Our websites can remember the settings and information that You submit, so that You don’t have to re-enter those settings and information when You revisit the website or visit a new page on the same website. We also use cookies to measure how You use Our websites so that We can make sure that Our websites meet Your needs. You can control whether or not Your computer accepts cookies; however, refusing to accept cookies from Us may affect Your experience using Our websites.

Purpose of Use

ACN collects and processes Personal Data for a variety of purposes, including:

  • to verify, process, and administer Your orders for ACN services and products;
  • to ensure a secure ordering process, to assess Your creditworthiness and to conduct credit checks in connection with Your purchase or usage of ACN services and products;
  • to take payment from You for ACN services and products;
  • to provide ACN services and products to You;
  • to maintain Our commercial relationship with You, including for billing and customer service purposes;
  • to understand and respond to Your service needs, including problems with Your ACN services;
  • to improve and market the products and services that We offer and to develop new products and services;
  • to meet Our legal and regulatory obligations, protect ACN’s legal and financial interests (including fraud detection and prevention), and to conduct IBO compliance investigations;
  • to comply with ACN’s reporting obligations to government agencies;
  • for the provision of services to Our IBOs and compliance with Our contractual obligations to Our IBOs;
  • to pay commissions and bonuses to Our IBOs;
  • to prepare internal reporting on customer and IBO matters and general business needs;
  • to provide to an IBO’s sponsor and upline IBOs for tracking, supervision, and training purposes;
  • to facilitate ACN’s financial, accounting and administrative functions; and
  • to identify and inform You about services and products from ACN and ACN business partners that may be of interest to You, including sending commercial and marketing communications.

We may share Your Personal Data with third parties as described in this Privacy Policy. We also may provide Your Personal Data to governmental authorities as part of regulatory, statistical, or analytical reports, as required or allowed by applicable laws and regulations, to investigate and help prevent potentially unlawful activity, or in response to a specific request from government or law enforcement authorities, such as a subpoena, search warrant, or other legal process.

In addition, ACN may disclose a customer’s Personal Data, in accordance with all applicable CRTC regulations, to:

  • another telecommunications services provider for the efficient and effective provision of telecommunications services;
  • an entity involved in supplying the customer with communications or communications directory related services;
  • another entity for the development, enhancement, marketing or provision of any ACN products or services;
  • an agent retained by ACN in connection with the collection of the customer's account;
  • credit grantors and reporting agencies;
  • a person who, in the reasonable judgment of ACN, is seeking the information as an agent of the customer; and
  • a third party or parties, where the customer consents to such disclosure or disclosure is required by law.

How Long We Keep Your Personal Data

ACN keeps Your Personal Data as long as it is required for the purposes for which it was initially collected, which period varies depending on the type of Personal Data involved. In some cases, We need to keep Your Personal Data for a minimum period of time in order to comply with legal or regulatory obligations. We do not keep Your Personal Data longer than permitted by law and We destroy or dispose of Your Personal Data in a secure manner.

Where We Store Your Personal Data

Your Personal Data is stored on secure computer servers located in Canada or the United States. Some Personal Data is transferred to other ACN companies outside of North America, which companies may process and store Your Personal Data. All Personal Data is stored and transferred according to this Privacy Policy, industry standards, and applicable laws and regulations. ACN is registered with the United States’ Safe Harbour Program. A copy of ACN’s registration can be found at www.export.gov/safeharbor.

Transfer of Personal Data to Third Parties

ACN may transfer Your Personal Data to third parties for the purposes set forth in this Privacy Policy and as permitted by applicable law. For example, We may share Your Personal Data with Our business partners in connection with the services or products that We provide to you. We also may share Your information with government authorities as required by applicable law. ACN transfers Personal Data to third parties only where: (a) the third party has provided satisfactory assurances that it will protect Personal Data consistent with this Privacy Policy; (b) the third party has signed an agreement with ACN that addresses the transfer and handling of Personal Data; (c) where the transfer is otherwise permitted by applicable law; or (d) with Your express consent, where required.

Third-Party Sites

ACN websites may contain links to third-party sites owned or operated by ACN business partners or other persons. If You use these links, You will leave ACN’s websites. This Privacy Policy does not apply to third-party websites, and You should review the privacy disclosures contained on those websites before using them.

Provision of Cardholder Data

ACN may require IBOs and customers to provide credit or debit card information (“Cardholder Data”) in connection with the purchase of ACN products and services. Cardholder Data may be used for current payments and stored for future or recurring payments. Payments may be made directly to ACN or through third-party vendors. ACN maintains controls consistent with the Payment Card Industry Data Security Standard and other industry standards to protect Cardholder Data; however, these safeguards may not prevent every unauthorized attempt to access, obtain, or use Cardholder Data.

Security

ACN has implemented technological and organizational measures to safeguard Your Personal Data from unauthorized access or use during collection and while it is in Our possession. Sensitive information (such as gender, ethnicity, financial information, and Cardholder Data) is subject to heightened security measures. Nonetheless, You should take measures to safeguard Your Personal Data by maintaining the confidentiality of Your username and password, logging out of ACN websites and closing Your web browsers when You have concluded Your online activities, changing Your passwords regularly, and not providing Your Personal Data to persons who are unfamiliar to you.

ACN and You may communicate by email or chat and these communications may at times contain Personal Data. We do not disclose to third parties the contents of email and chat communications in the absence of a warrant or court order; however, these communications may not be secure. We recommend that You do not send financial information, Cardholder Data or other sensitive information to Us by email or chat, and We will not ask You to provide sensitive information in these ways.

Your Right to Access Your Personal Data

You have the right to access Your Personal Data, to request us to correct Your Personal Data if the information that We have is erroneous, and, in some cases, to delete Your Personal Data. You may obtain a copy or correct or request deletion of Your Personal Data by contacting Our Privacy Officer at privacyofficer@acninc.com or by writing to:

Privacy Officer
LKN Communications, Inc.
1000 Progress Place
Concord, NC 28025

We may impose reasonable restrictions on requests for access to Your Personal Data and We may charge You a fee as permitted by law for providing Your Personal Data. If You request deletion of Your Personal Data, We may not be able to provide services and products to You. We are permitted to keep some items of Your Personal Data in order to meet Our legal, financial, audit, and business needs, even if You request its deletion.

Limitation of Liability

ACN uses reasonable efforts to comply with the terms of this Privacy Policy and applicable law regarding the processing of Your Personal Data. Except as provided by applicable law, ACN shall not be responsible for direct or indirect damages that may result from non-compliance with this Privacy Policy by ACN, You, or any third party.

Changes to Privacy Policy

Subject to applicable laws, ACN may change this Privacy Policy at any time without prior notice. All changes are effective when they are posted on ACN’s websites. Our adherence to this Privacy Policy may be limited to the extent required to meet a legal, governmental, national security, or public interest obligation.

Children

ACN does not promote ACN products and/or services to minors, nor knowingly accept orders from individuals below the age of majority.

Challenging Compliance

You may address a challenge concerning compliance with this Privacy Policy to the designated person or persons accountable for ACN’s compliance with the Privacy Policy by sending an email to privacyofficer@acninc.com.

ACN shall investigate all complaints concerning compliance with this Privacy Policy. If a complaint is found to be legitimate, ACN shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. The complainant shall be informed of the outcome of the investigation regarding his or her complaint.

You may seek advice from the Office of the Privacy Commissioner of Canada (at 1-800-282-1376 or info@privcom.gc.ca), and, if appropriate, file a written complaint with the Commissioner’s office. However, You are encouraged to use ACN’s internal information and complaint procedures first.