Given the nature of our business, which at its core is about collecting, shaping and privately publishing personal stories, Peter Sibbald and Legacy Productions Canada (“The Company”) recognize the vital importance of protecting the personal information collected about our clients, prospective clients or their representatives (collectively referred to here as “Clients”). Examples of personal information (“Information”) include: name, address, telephone number, email, as well as their stories. As privacy is a complex and evolving area, we will continue to evolve This Policy as the law and our interpretation of its application to our growing business evolves. (Last Updated 2014/02)
First and foremost, as Client Information implicitly comprises the substance of the commercial exchange between The Company and Clients, This Policy is not merely perfunctory, but forms a key foundational document to our business and our business philosophy. Beyond that however, our purpose in establishing This Policy is to balance our legitimate business interests in collecting and using this Information with our Clients’ reasonable expectations of privacy and to comply with current privacy legislation. In that respect it is also to enable our business to advertise efficiently, using communication methods more likely to reach potential clients in the offered products or services.
The Information we collect:
Our business collects and stores two types of information in ways which are appropriate to the nature of those types:
- “Basic Information” such as clients’ names, mailing addresses, phone numbers, e-mail addresses, payment tools for the practical purposes of communications, billing and payment required to complete our mutual commercial exchange; and
- “Content Information” that forms the substance of our commercial exchange—the capturing, editing and packaging and private delivery of your stories, including but not necessarily limited to information from initial research of your stories in the preparation for A/V recording sessions, to audio and video information recorded in those sessions, to any supporting documentation including image, text, video and audio that you as Client may have supplied for consideration of incorporation into the final production in question (“The Production”).
This Information also enables us to gather feed-back, and to develop and tailor products and services to better meet client needs and preferences.
Due to the nature of our business, we regard all “Content Information” as sensitive information. Any original documents gathered that may form a part of Content Information will only be returned back to their sources and released in finished form to the Client(s) to whom it will remain their right and responsibility to manage (including any electronic backup or duplication) at their own discretion.
To the extent we may collect Information about children, we will collect such Information from parents or legal guardians, and in the limited instances where children themselves provide such Information, we will take all commercially reasonable efforts to ensure that parents or legal guardians are aware of and authorize such collection.
We will not publish or distribute Content information on behalf of you, the Client, unless there is a special arrangement to do so. For example, where Clients explicitly agree we may, but are not obligated to, provide time-limited, secure digital delivery options to Clients in password protected galleries or drop boxes. In any such case, Clients are responsible for controlling access to any login credentials we may provide.
We will not release Content Information to third parties except by prior written agreement.
On occasion we may make particular arrangements with Clients to incorporate samples of our finished work, including their Content Information, into the promotion of our business, for example, posting an excerpt from a final production on our web site, but in all such cases, the details of the Content Information and its use will be specified and releases for such use explicitly obtained in writing.
When a Client makes a booking via the Internet, fax or other means, we need certain Information such as name, address and telephone number to respond to the inquiry and to make the booking. This Information is recorded. A credit card number may be necessary to confirm the appointment so your booking is held. Details of credit card numbers will not be held any longer than necessary to complete the mutually agreed upon transactions.
Information collected as part of the booking process is used as this Policy describes whether or not the client actually follows through with the booking.
Third Parties and Opt In/Out for Contact/No Contact:
On our web sites at petersibbald.com and legacyproductions.ca we do not collect personally-identifiable Information from Clients unless they provide it to us voluntarily and knowingly. When you book a service we may put you on an ongoing e-mail list. We will use your Information only as outlined elsewhere in This Policy. If, however, you have subscribed to or asked to be put on our mailing lists, we may contact you via e-mail from time to time. You will always be provided with a way to opt-out of future e-mailings. Our site sometimes may include special promotions, and we may allow electronic entry to qualified persons. If that happens, we will use the Information you submit for the purpose of conducting the promotion.
On occasion, we may wish to have third party contractors or organizations—for example email management services that provide Opt-In and Unsubscribe features—contact Clients on our behalf. Clients will implicitly have the capacity to manage their own ongoing privacy by exercising use of those Opt-In and Unsubscribe features allowing them, for example, to be removed from lists for further contact from The Company if the Client so chooses.
Clients may also opt out by contacting us with such a request directly through email: peter[at]petersibbald.com
What we will not do with Client Information:
- Sell or rent the names and addresses of Clients to any outside parties;
- Use Client Information to sell, market or solicit interest for other businesses.
What we may do with Client Basic Information:
- Maintain an ongoing relationship with Clients and solicit future business.
- Contact Clients to inquire or survey about the Client experience with our business, the prospect of future business, and improvements needed both to serve Clients better and to attract additional business.
- Create and use aggregate Client data that is not personally identifiable to understand more about the common traits, needs and interests of our Clients.
Basic Information that we collect may be stored temporarily on computer servers owned by third party companies with whom we contract to host our site(s) and electronic mail. As such, these are servers that we do not own or control and so cannot guarantee security or control over while your Information is being transmitted or temporarily being held en route to our own facilities. These servers, their mirror sites and back-up facilities may be located outside of Canada, or in any event—as is the case with all information on the Internet—the information may be routed through jurisdictions outside of Canada in the course of electronic communications and the operation or maintenance of our sites.
While we will exercise commercially reasonable efforts to ensure secure transmission of data using ftp, password-protected online delivery systems and drop boxes, where Clients elect the electronic transmission or delivery of Content Information— be that in its rawest digital form, or once it has been digitized and incorporated into a project in various stages of production up to and including the final production—that Content Information may pass through jurisdictions outside of Canada. In this, or any other even, your information would remain subject to the same security risks that all information on the internet is exposed to, even that which is supposedly secure.
Content Information that is provided to us by Clients through email, the internet, ftp or any other electronic means likewise may pass through jurisdictions outside of Canada on its way to us. Once in our control, digitized Content Information will be stored on physical computers and servers on our premises, or those of our subcontractors, subject to the same controls we are able to exercise over our own Information, rather than virtual or cloud-type servers.
Compliance with Law:
We may be obligated to disclose Information about you to a law enforcement agency or by a court order, or under the discovery process in litigation.
We make repeated efforts to verify the accuracy of Information and to correct and update our database from Information available to us. In the event a Client believes that such Information held by The Company is inaccurate, The Company, upon notification and sufficient time for verification, will take all reasonable steps to correct any inaccuracy of which we are made aware.
We exercise care in providing secure transmission and storage of Information and collect Information only in a manner deemed reasonably necessary to serve our legitimate business purposes and to comply with our legal obligations. We make commercially reasonable efforts to provide secure transmission and storage of Information and to make our collection of such Information consistent with all applicable laws and regulations. We make commercially reasonable efforts such as to create and maintain “firewalls”, restrict access, use secure socket layers and other appropriate safeguards. The Company endeavours to control the Information, to ensure that the Information is used only as authorized by The Company and consistent with this Policy, and to prevent Information from being improperly altered or destroyed. Unfortunately, no data transmission or storage is 100% secure. We cannot warrant that all data we transmit, store and collect will be completely secure.
Clients may download this document for their own reference in business dealings with us.
We regard our relationships with Clients as highly valuable assets. Any client questions or comments that relate to privacy or related matters may be directed to: peter [at] petersibbald.com
©Peter Sibbald, 2014