EFFECTIVE DATE: December 2009
Records and Information Management Policy
The Privacy Act is described as:
An Act to extend the present laws of Canada that protect the privacy of individuals and
that provide individuals with a right of access to personal information about themselves.
The term personal information is defined as information about an identifiable individual
that is recorded in any form with some specific exceptions for the purposes of Access to
Information Act requests.
Statement of Policy
It is the policy of ZAP Media to control the collection,
use, and disclosure of personal information in accordance with all requirements
set out in the Privacy Act. The Privacy Act does not apply to personal information
that ZAP Media collects, uses, or discloses only for
journalistic, artistic or literary purposes.
The following requirements shall be met by ZAP Media unless
exempted by the Privacy Act.
Collection of Personal Information
Unless otherwise authorized by the Privacy Act.
No personal information shall be collected by ZAP Media
unless it relates directly to an operating program or activity of ZAP Media.
ZAP Media shall, wherever possible, collect personal
information that is intended to be used for an administrative purpose directly from
the individual to whom it relates except where the individual authorizes
ZAP Media shall inform any individual from whom it
collects personal information of the purpose for which the information is being
Retention of Personal Information
Personal information that has been used by ZAP Media for an
administrative purpose shall be retained for such period of time after it is so used as may
be prescribed by regulation in order to ensure that the individual to whom it relates has a
reasonable opportunity to obtain access to the information.
Accuracy of Personal Information
ZAP Media shall take all reasonable steps to ensure that personal
information that is used for an administrative purpose is as accurate, up-to-date and
complete as possible.
Disposition of Personal Information
ZAP Media shall dispose of personal information under its
control in accordance with the regulations and with any directives or guidelines issued by
the designated minister in relation to the disposal of that information and with its
corporate retention schedule. Use and Disclosure of Personal Information
Personal information under the control of ZAP Media shall not,
without the consent of the individual to whom it relates, be used or disclosed by ZAP Media except for the purpose for which the information was
obtained or compiled or for a use consistent with that purpose unless otherwise
authorized by the Privacy Act. In certain circumstances personal information subject to
the Privacy Act may be used, or disclosed without the knowledge or consent of the
individual concerned. Such circumstances include, but are not limited to personal
information used or disclosed:
for the purpose for which the information was obtained or compiled by ZAP Media or for a use consistent with that purpose;
for the purpose of complying with a subpoena or warrant issued or order made by
a court, person or body with jurisdiction to compel the production of information
or for the purpose of complying with rules of court relating to the production of
to an investigative body specified in the regulations for the purpose of enforcing
any laws or carrying out a lawful investigation;
to officers or employees of ZAP Media for internal audit
to the Library and Archives of Canada for archival purposes;
to the Library and Archives of Canada for archival purposes;
where disclosure would clearly benefit the individual to whom the information
Record of Disclosures
ZAP Media shall retain a record of any use of personal
information contained in a personal information bank or any use or purpose for which
that information is disclosed where the use or purpose is not included in the statements of
uses in the personal information index published by the designated minister and shall
attach the record to the personal information.
Personal Information Banks
ZAP Media shall include in personal information banks all
personal information under its control that:
has been used, is being used or is available for use for an administrative purpose;
is organized or intended to be retrieved by the name of an individual or by an
identifying number, symbol or other particular assigned to an individual.
Access to Personal Information
Upon receipt of a written request, ZAP Media shall provide a
right of access to personal information subject to the Privacy Act to
any personal information about the individual requestor contained in a personal
information bank; and
any other personal information about the individual requestor under the control of
a ZAP Media with respect to which the individual is able
to provide sufficiently specific information on the location of the information as
to render it reasonably retrievable.
Individuals who are given access to their personal information may
request correction of the personal information where the individual believes there
is an error or omission therein;
require that a notation be attached to the information reflecting any correction
requested but not made; and
require that any person or body to whom that information has been disclosed for
use for an administrative purpose within two years prior to the time a correction is
requested or a notation
be notified of the correction or notation, and
where the disclosure is to a government institution, the institution make the
correction or notation on any copy of the information under its control.
Refusal of Access to Personal Information
ZAP Media may refuse access to personal information as
provided by the Privacy Act where such information, among other circumstances:
is subject to solicitor client privilege
is part of or relates to an investigative record where disclosure could be injurious
to the enforcement of a law of Canada or a province or the conduct of
Where disclosure threatens the safety of individuals.
All ZAP Media employees, who collect, maintain and/or use
personal information, are responsible for ensuring that the collection, use and disclosure
of this information is carried out in accordance with this policy and relevant procedures.
The Programming Department is accountable for ZAP Media’s
policies and practices, with respect to the management of personal information, and is the
individual to whom complaints and inquiries can be forwarded.
Why We Collect Information: You may be required to register or otherwise voluntarily
provide Personal Information in order to access some specific features of the Site or enter
a contest or to be provided with a product or service that you have requested. You may
choose not to provide the Personal Information, but this may lead to decreased
functionality of the Site for you and will prevent us from providing you with certain
products or services. However, you can still access and visit many of the Site's features.
We also may request you to voluntarily provide Personal Information that is not required
to access features of our site. This information enables ZAP Media
to make general improvements to the Site, ensures that content standards of certain
sections are upheld, enables us to contact prize winners and better serve your specific
interests. ZAP Media may collect Aggregated Information
usage patterns, including identifying repeat users, collecting demographic information,
administering and making improvements to the Site to tailor our visitors’ experiences and
to display content according to a visitor’s preferences. Subject to agreements with third
parties, ZAP Media may match Aggregated Information with
parameters established by third parties, without releasing Personal Information or
information that may specifically identify our users. This may be done in order to
describe the Site or services to trading partners, advertisers or other third parties by
disclosing certain general statistics such as the percentage of our users who are men,
women, professionals, etc. ZAP Media, our affiliated companies,
business partners and such other third party as we may designate reserve the right to use,
maintain, update, disclose and/or sell Aggregate Information to third parties.
How we Use Information: ZAP Media generally uses
information to compile statistical data and to contact users and provide them with a better
interactive experience. ZAP Media may use your information
specifically for the following purposes: (i) to improve the content of the Site; (ii) to
personalize and/or customize the content and/or layout of the Site for individual visitors;
(iii) to notify visitors about updates to the Site; (iv) to identify visitor preferences; (v) to
keep you informed about products and services (both ours and third parties') in which you
have expressed an interest; (vi) to establish your eligibility for special offers and
discounts; (vii) to complete business transactions; (viii) to contact you as part of a
promotion; (ix) to allow you to make a posting on the Site; (x) to administer individual
accounts; (xi) to provide customer support; (xii) to meet legal requirements; (xiii) to
provide Internet security; and/or (xiv) to analyze the collected information. If you have
entered and won any ZAP Media contests, ZAP Media and/or our sponsors may publish your name, photograph – if applicable --
and city of residence. ZAP Media works closely with a number of
parties who may perform functions on our behalf, including fulfilling orders, providing
music streaming services or other third party content, providing promotional materials to
our users, sending e-mail, managing, compiling and processing data, processing credit
card payments or providing customer service. We do not disclose your Personal
Information to these parties except to the extent necessary to enable them to provide the
specific services to you. Except for the specific and limited purposes set forth in this
we obtain your prior permission or are legally compelled to do so. In addition, we will
not contact you without your permission except as specified herein or in connection with
the registration process. On the Site, you will be given the opportunity to opt out of
receiving e-mails, promotional and/or marketing information about other products,
services and offerings from ZAP Media and/or any third parties or
other information from ZAP Media. Please indicate your
preferences on the Site by checking the appropriate boxes. If you have questions about
how your personal information is used, please contact us.
Privacy and Children’s Use Guidelines: ZAP Media does not
market or direct the Site toward children. Nevertheless it is possible for children, without
prior parental consent, to publicly post or distribute Personal Information or any other
information which might identify users within chat rooms, forums, message boards or in
user groups. ZAP Media encourages parents and guardians to be
aware of and to participate in their children's online activities. We will not knowingly
register, communicate with or otherwise collect Personal Information from anyone who
indicates that they are younger than 13 years old without the prior verifiable consent of
their parent or guardian.
Third Party Advertising: ZAP Media may use third-party
advertising companies to serve ads when you visit the Site. These companies may use
Aggregated Information we compile about your visits to this Site in order to provide
advertisements on this Site about goods and services that may be of interest to you.
Neither ZAP Media nor any third parties will make any attempt to
link this anonymous aggregated traffic and other information to the individual visiting
identifies you will be kept strictly confidential. Any third party promotions and offers
will only be made available through us on behalf of the third parties.
Linking Third Party Content/Web Sites: The Site provides on-line streaming and
other third party content and ZAP Media is not responsible for any
such third party content, spoken word or music that you may access through the Site.
The Site also contains links from and to sites operated by our business partners and other
independent third parties. Once you leave the Site, you may or may not see a new URL in
the location bar. Please review the linked site's and third party content provider's privacy
policies, and if you do not agree to be bound by the terms of the policies governing that
provider and/or site, terminate your use of that service or your visit to the site. The linked
sites and those subsequently linked from them are not under the influence or control of
ZAP Media and may have their own privacy, data collection and
use policies. We are not responsible for the policies, practices or content of sites other
than our Site.
Cookies: When you visit the Site, we or a third-party advertiser may store or recognize
some information on your computer in the form of a "cookie" or similar file. "Cookies"
are small text files that identify an individual computer's browser entering the Site. They
do not pose a security threat to you. No personal information is stored within the
cookies. Cookies allow us to track a browser's movement through the Site over several
sessions which enable the Site to recognize repeat visitors, facilitate access to and use of
the Site and to allow the Site to track usage behaviour that will enable content
improvement and allow us to tailor our Site to better match your interests and
preferences. If you do not want cookies placed on your computer, you can erase cookies
from your computer hard drive, block cookies or receive a warning before a cookie is
stored. Most Internet browsers or other software will allow you to do this. Please refer to
your browser instructions or help screen to learn more about these functions. If you reject
cookies, Site functionality may be severely limited and you may not be able to take
advantage of many of the Site's features.
Forums: From time to time the Site may feature forums such as message boards or chat
rooms which enable our users to communicate with each other. ZAP Media does not moderate and is not responsible for the content that you or any
user posts on any forum on the Site. All information you post in a forum, chat area or
message board becomes public information and may be viewed, collected and used by
any visitor to the Site, and may expose you to unsolicited messages. This is beyond our
control and ZAP Media is not responsible if your information is
intercepted. We recommend that you do not post on any forum private information about
yourself or other individuals
Security: Any unauthorized use of the Site may result in criminal and/or civil
prosecution. ZAP Media has policies and procedures in place to
protect the privacy and confidentiality of your information that we collect and maintain,
including contracts with third parties that manage the information provided by you. This
Site has reasonable security measures in place to protect against the loss, misuse or
interception of your information. To help ensure the privacy of your information, we
urge you not to share your user name and password with anyone and recommend that you
change your password frequently and store it in a safe place. If you are asked to create a
user name or password, please select words that do not personally identify you. We may
offer "auto login" which allows users to enter member areas of our site without reentering
password information. You may want to disable auto login on your "Set Up"
page if you are not the only person using your computer. It is up to you to fully
understand the risks and threats of using the public Internet and to be sufficiently aware
of those risks to adequately protect your information. ZAP Media’s advice herein is provided as a guideline only, and it is up to the user to
remain current and exercise care when using the Internet. You should seek professional
advice on protecting your privacy and evaluating the security of the information systems
you are using. ZAP Media assumes no liability for interception,
alteration or misuse of information transmitted over the Internet.
Updating/Deleting your Information: ZAP Media enables our
users to update/correct personal information, previously submitted, which the user states
is erroneous to the extent privacy or security interests will not be compromised by doing
so. To update or delete your information, please go to the Log-In function and update or
delete your personal information accordingly from our database. Please note that due to
backups and records of deletions it may not be possible to delete entirely a user's entry
without some residual information remaining.
If you have any concerns about privacy procedures at our Site:
K0L 2H0 Canada
Please make any communications as complete and descriptive as possible, and we will
attempt to respond promptly to your concerns.
All questions related to the interpretation and application of this policy should be directed