DATA DIRECT IS IN COMPLIANCE WITH OBLIGATIONS UNDER
THE PERSONAL INFORMATION PROTECTION ELECTRONIC DOCUMENTS ACT (the “Act”) - PIPEDA
REFERENCE IS HEREBY MADE to the definition of “Personal Information” and “Commercial Activity”
in the Act which are reproduced on Schedule “A” attached hereto.
1. Acknowledges and agrees that:
a) From time to time it supplies personal information (the “Information”) to the Data Direct and instructs Data Direct to use that information in the course of preparing, sending direct-mail and fulfillment packages to the parties identified in the Information;
b) The "Information" which it discloses to Data Direct will be exposed to the employees and persons involved in Data Direct workplace in the preparation and attending to the task for which Data Direct has been retained; and
c) It has reviewed the "Act" and in particular, the definition of “Personal Information” and the obligations of a party with respect to the collection, use and disclosure of such personal information.
2. Acknowledges, agrees and declares that:
a) It has obtained the consent as required by the "Act" from the parties in respect of whom it has collected the "Information" as is necessary in order to disclose the said "Information" to Data Direct and is necessary to allow Data Direct to use and disclose the "Information" in accordance with the instructions Data Direct has received from the undersigned with respect to the same;
b) Its disclosure of the "Information" to Data Direct is not in violation of the rights of any individuals from whom the "Information" has been collected;
c) It shall promptly advise Data Direct in the event it receives any complaints from any individual in respect of the use of that individuals information or the receipt by that individual of any communication or product sent to that individual pursuant to the engagement by the undersigned of Data Direct; and
d) It shall hold and indemnify the Data Direct from any claim, damage or harm which the Data Direct may suffer as a result of any claim made against Data
Direct by any individual or otherwise in respect of the collection, use and disclosure of the Information as provided to Data Direct by the undersigned.
“Commercial Activity” means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.
“Personal Information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization