At Melo, we are committed to your privacy. This means we do not distribute, rent, or sell any of your personal information to third parties except as provided for in this policy or as specifically consented to by you. For example, Melo may provide your personal information to third-party carriers for the provision of services, for billing and/or collection purposes, etc. All such provision of personal information to third-party providers shall only be done in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant Ontario privacy laws.

Melo Privacy Policy Principles

Melo’s privacy policy is segregated into ten principles:

• Accountability
• Identifying Purposes
• Consent
• Limiting Collection
• Limiting Use, Disclosure and Retention
• Accuracy
• Safeguards
• Openness
• Individual Access
• Challenging Compliance

PRINCIPLE #1 ACCOUNTABILITY

Melo is responsible for personal information under its control and has designated its Privacy Officer as accountable for the company’s compliance with the following principles. Accountability for Melo’s compliance with the provisions of Melo’s privacy policy rests with the Privacy Officer within Melo, who may designate one or more persons to be accountable for compliance with the policy. Other individuals within Melo may be delegated to act on behalf of designated persons or to take responsibility for the day-to-day collection and processing of personal information. The Privacy Office has been created to ensure customers and employees have a designated avenue to answer their privacy-related inquiries.

Melo shall make known, upon request, the title of the person or persons designated to oversee Melo’s compliance with this policy.

Melo is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. Melo shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

Melo shall implement policies and practices to give effect to these principles, including:

• Implementing procedures to protect personal information;
• Establishing procedures to receive and respond to complaints and inquiries;
• Training staff and communicating to staff information about the organization’s policies and practices; and
• Developing information to explain the organization’s policies and procedures.

PRINCIPLE #2 IDENTIFYING PURPOSES

Where appropriate, Melo will identify the purposes for which personal information is collected at or before the time the information is collected.

Melo collects personal information only for the following purposes:

• To provide service(s) and/or products to its customers;
• To establish and maintain responsible commercial relations with customers and to communicate with its customers (including, but not limited to: billing, collection, advertising, promotion, and account verification);
• To understand customer needs and preferences;
• To offer promotional or other opportunities to our customers (e.g., contests);
• To meet legal and regulatory requirements; and
• To administer and manage its business operations, including personnel and employment matters.

Except where the collection of personal information is reasonably necessary to carry out the express wishes of the customer or employee, Melo shall specify orally, electronically, or in writing the identified purposes to the customer or employee at or before the time personal information is collected.

Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected or will refer the individual to a designated person at Melo who will explain the purposes.

Unless required by law, Melo shall not use or disclose personal information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining the consent of the customer, where such consent may not reasonably be implied.

PRINCIPLE #3 CONSENT

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except in certain circumstances as described below:

In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate where there is an emergency threatening the individual’s life, health, or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available. In addition, organizations that do not have a direct relationship with a customer may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.

Where appropriate, Melo will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Melo wants to use information for a purpose other than those identified above).

In obtaining consent, Melo will use reasonable efforts to ensure that a customer is advised of the identified purposes for which personal information collected will be used or disclosed.

The form of consent sought by Melo may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Melo shall take into account the sensitivity of the personal information and the reasonable expectations of its customers and employees.

Melo will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. The use of services or products by a customer or the acceptance of employment by an employee will be considered implied consent to collect, use, and disclose personal information for all identified purposes.

An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Melo will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to Melo in writing.

With respect to personal information already collected by Melo prior to the publication of this policy, this policy will constitute reasonable notice to Melo’s current customers and employees of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to Melo in writing.

PRINCIPLE #4 LIMITING COLLECTION

The collection of personal information will be limited to that which is necessary for the purposes identified by Melo. Information will be collected by fair and lawful means.

Melo collects personal information from its customers and employees for the purposes described under Principle #2. Melo may also collect personal information from such third parties as credit bureaus, employers, personal references, or other third parties that represent they have the right to disclose the information.

PRINCIPLE #5 USE, DISCLOSURE AND RETENTION

Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual, or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.

Melo may collect, use, or disclose personal information without the individual’s knowledge or consent in certain circumstances as described in Principle #3. Melo may disclose a customer’s personal information to:

• Another telecommunications company for the provision of telecommunications services to that customer;
• A company involved in providing communications directory services;
• A company involved in providing billing services;
• A person involved in the development, promotion, marketing, or enhancement of Melo services;
• A credit collections agency;
• Emergency services in an emergency situation;
• Melo agents and affiliates;
• A person who, in the reasonable estimation of Melo, is an agent of the customer; and
• Any other third party, upon receiving the consent of the customer or as required by law.

Melo may disclose an employee’s personal information in the following circumstances:

• In the administration of that employee’s benefits;
• In providing references to prospective employers, upon receiving the consent of the employee; and
• As may be required by law.

Only Melo employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about customers. Melo will retain personal information only as long as required to fulfill the identified purposes or as required by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous according to the guidelines and procedures established by Melo.

PRINCIPLE #6 ACCURACY

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

The extent to which personal information will be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about that individual.

Melo will update personal information about customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.

PRINCIPLE #7 SAFEGUARDS

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

Melo will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage.

Melo protects all personal information regardless of the format in which it is held. Our methods of protection include:

• Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to Melo’s place of business in general and to internal offices as well;
• Organizational measures, such as security clearances and limited access on a need-to-know basis; and
• Technological measures, such as the use of passwords, firewalls, and encryption.

Melo makes its employees aware of the importance of maintaining the confidentiality of personal information. All Melo employees with access to personal information will be required as a condition of employment to contractually respect the confidentiality of personal information.

Melo will protect personal information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

PRINCIPLE #8 OPENNESS

Melo shall make readily available to customers and employees specific information about its policies and practices relating to the management of personal information.

Melo will make information about its policies and practices easy to understand, including:

• The title and address of the person(s) accountable for Melo’s compliance with the policy and to whom inquiries or complaints can be forwarded;
• The means of gaining access to personal information held by Melo; and
• A description of the type of personal information held by Melo, including a general account of its use.

PRINCIPLE #9 INDIVIDUAL ACCESS

An individual will be able to address a challenge concerning compliance with the above principles to Melo’s Privacy Officer.

Melo will maintain procedures for addressing and responding to all inquiries or complaints from its customers or employees about Melo’s handling of personal information.

Melo will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.

The person or persons accountable for compliance with this privacy policy may seek external advice where appropriate before providing a final response to individual complaints.

Melo shall investigate all complaints. If a complaint is found to be justified, Melo will take appropriate measures, including, if necessary, amending its policies and procedures.

All inquiries or complaints involving Melo’s handling of personal information or compliance with this policy shall be directed to Melo’s Privacy Officer. The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt thereof. If necessary, the Privacy Officer will advise the customer or employee of the existence of relevant complaint procedures. Further, if the Privacy Officer deems it advisable, the Privacy Officer may consult with external legal counsel prior to providing a final response with respect to any individual complaint. In any event, the Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If a complaint is found to be justified, the Privacy Officer will take reasonable measures to correct the situation, including amending Melo’s policies and procedures if necessary.

For more information, please contact our Privacy Office as follows: E-mail: privacy@melotel.com

PRINCIPLE #10 CHALLENGING COMPLIANCE

Upon request, a customer or employee shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

In certain circumstances, Melo may not be able to provide access to all the personal information it holds about a customer or an employee. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, information that is subject to solicitor-client or litigation privilege, or, in certain circumstances, information of a medical nature. Melo will provide the reasons for denying access upon request.

Upon request, Melo will inform an individual whether or not the organization holds personal information about the individual and will provide that individual with a reasonable opportunity to review any personal information which Melo may possess about the individual. Melo will allow the individual access to his or her personal information once the individual has provided Melo with a written request application. Melo will make the application available to customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit Melo to provide an account of the existence, use, and disclosure to any third parties of this personal information. Melo will use the application only for this purpose.

Melo will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.

Melo will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, Melo will provide a list of organizations to which it may have disclosed information about the individual.

When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Melo will amend the information as required. Depending upon the nature of the alleged inaccuracy, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.

When an alleged inaccuracy is not resolved to the satisfaction of the individual, Melo will record the substance of the unresolved issue. When appropriate, the existence of the unresolved issue will be transmitted to third parties having access to the information in question.