Effective Date: June 4th, 2020
These Terms & Conditions (including these “General Terms & Conditions”, the “Service-specific Terms & Conditions”, the “Acceptable Use Policy” and the “Schedules” set out below, all of which are referred to as the “Terms”), and the materials provided to you during the sign-up process, form the contract (the “Contract”) between you and Yak Communications (Canada) Corp. for each of the services provided to you (the “Services”). Throughout these Terms, you are referred to as “you” or the “Customer” while Yak Communications Canada Corp. is referred to as “us”, “we” or “Yak”.
We have provided your Terms in English as that is the language you indicated that you prefer. If you would like a copy in French, please contact us so that we can provide you with one. Nous vous fournissons vos modalités en Anglais puisqu’il s’agit de la langue de préférence que vous avez indiquée. Si vous désirez obtenir un exemplaire en français, veuillez nous en faire la demande.
APPLICATION AND CHANGES These Terms govern the installation, provision and use of Yak residential Services, including, but not limited to, Digital Home Phone, High Speed Internet, Television and Long Distance services, as well as any hardware, equipment or devices either sold or rented to you by us for use with any of the Services. Unless your Contract states otherwise, your Services are offered for an indeterminate term, and subject to suspension or termination in accordance with these Terms, we will continue to provide you with any Services at the applicable rates until you cancel.
From time to time it may become necessary for us to change aspects of the Services, including the rates, terms and conditions on which we provide those Services to you, and you accept that we can modify any term of your Contract, including the Charges (as defined below) and any Acceptable Use Policy, by following the procedures in this section. Except for residents of Quebec, we can make these changes at any time by giving you notice using a reasonable method (including, for example, by posting on our website, our customer portal, by email or as a message on your invoice). Any changes to these Terms will be posted at https://www.yak.ca/terms.php along with the effective date. If you do not agree with the change, you can cancel the impacted Service.
If you are a resident of Quebec and the change increases your obligations or reduces ours, we will give you at least 30 days’ notice of the change and you will be entitled to terminate the relevant Service without penalty, cost or cancellation indemnity by sending us a notice no more than 30 days after the date the change comes into effect. If you have agreed to a specified period for the Services (a fixed term contract), we will not amend the nature or price of the Services or, if applicable, the term of the contract, during that fixed term.
PROVISION OF SERVICES AND TERM Provision of the Services is subject to these Terms as well as availability of the Service in your location. Acceptance of any order for Service by us is conditional on payment of the first invoice which may include shipping, activation and installation fees, as well as service charges for the initial billing period. This payment is non-refundable unless we cannot provide the Service(s) to you.
Unless you agree to a fixed term contract, the Services will be provided on an indeterminate (month-to-month) basis, subject to termination in accordance with these Terms.
If you agreed to a fixed term contract, we will provide the Services to you for the fixed period, following which we will continue to provide the Services to you on an indeterminate basis at our then-applicable Charges, subject to termination in accordance with these Terms.
You are responsible for your own use of the Services, as well as that of any other person using them. You are responsible for ensuring that all users of the Services understand and comply with these Terms.
We reserve the right, but are under no obligation, to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms. We may at any time be legally required to monitor or record and preserve evidence of the activities of identified customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statutes, without prior or subsequent notice provided to you. Subject to Yak complying with its legal obligations in this regard, you agree that we may perform these activities without any liability to you.
You agree to pay all charges applicable to the Services including any installation and activation fees, monthly and usage-based fees, early termination fees, interest, any taxes, and non-sufficient funds charges (“Charges”). Charges which may apply to your Services which are in addition to those specifically mentioned in this paragraph are set out in the attached Schedule A - Charges.
In some cases, we apply discounts to subscriptions to a bundle or group of Services. In the event you cancel any of the Services in a bundle or group, the bundle discount may no longer apply. Similarly, if you receive a discount, incentive or promotion which is based on satisfying eligibility requirements, and you no longer satisfy those requirements, we may remove that discount, incentive or promotion, subject to any applicable laws and these Terms.
Payment for recurring Services is due in advance. We require pre-authorized bank or credit card payments for certain Services, and payments are due every month on the date specified in the service order, or upon receipt of an invoice. If you provide a credit card or bank account for your payments, you authorize us to charge your credit card or debit your account for all Charges without any further authorization from you, and this constitutes Yak’s good and sufficient authority for doing so. You must advise us if your credit card or bank account information changes, as failing to notify us may result in non-payment and ultimately suspension or termination of your Services.
If pre-authorized charges to your bank or credit card are returned to us, (i) Yak may attempt to process payment again before the next regularly scheduled payment, but isn’t obligated to do so, and (ii) except for residents of Quebec, we reserve the right to impose the non-sufficient funds fee set out in Schedule A - Charges. If you cancel service or make a change to your banking or credit card information too close to a regularly scheduled payment date, we may not be able to process that change in time to prevent the regularly scheduled payment. In that case, where you are entitled to a credit, the amount will be refunded to you.
Overdue amounts are subject to interest at the rate set out in Schedule A - Charges. In the event you fail to pay any Charges when they are due, any outstanding amount becomes immediately due and payable. We can refer your account to a collection agency if you fail to pay amounts which are due.
If you dispute any Charges reported on your invoice, you must notify us in writing within 180 days of the date of the invoice. If you are disputing any Charges, you are still responsible for paying all undisputed Charges when they are due. We also reserve the right to correct any errors in billing for a period of up to 180 days and apply the appropriate Charges retroactively. Except for residents of Quebec, if you do not dispute your invoice within 180 days of the date of the invoice, you will be deemed to have accepted it as correct.
We may require you to maintain a deposit or impose alternate payment methods, including credit limits, when you sign up for a Service. Except for residents of Quebec, we can also take these measures at any time and on the terms we consider necessary if we believe you have become an unacceptable credit risk. This may include when you order additional Services, make changes to your existing Services, or fail to make any payments when required.
Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month that we hold the deposit. If you fail to pay any Charges when they are due, we may apply the deposit and any earned interest against any outstanding Charges you owe to Yak. When Services are cancelled or the conditions justifying the deposit no longer apply, we will apply the deposit and any earned interest against any outstanding Charges you owe to Yak, then refund you the balance of the deposit, if any.
For Customers resident in Quebec, any security deposit which we hold will bear interest at the rate determined by applicable legislation or regulation, and we will notify you if we use all or any part of the deposit. If your Service is terminated, we will refund any unused portion of your deposit within thirty (30) days of termination.
Any ETFs will be calculated based on the amount of the discount (whether to services, hardware, or both) offered in exchange for a fixed term and will not exceed the value of the original discount for services and/or hardware provided.
For customers resident in Quebec:
a. If you sign up for a fixed term contract and Yak has provided a discount in respect of the Service, the ETFs will not exceed the value of the following calculation:
ETF = discount given - (discount given x number of contract months completely elapsed / total number of contract months).
b. If you signed up for a fixed term contract but no discount was provided, the ETF will be the lesser of $50 or ten percent of the Charges for the remainder of the fixed term.
c. If you signed up for Service on an indeterminate basis, an ETF will be charged only if we provided you with a reduction to the cost of equipment associated with the Service. The amount of the ETF will reduce over time in accordance with applicable regulations.
Except where prohibited by applicable law (which, for the purposes of this Contract, includes statutes, regulations, orders, codes, policies and rulings which apply to us and which originate from any body which has jurisdiction over us and/or the Services) we can suspend (which includes restricting, blocking or disconnecting) your Contract or the provision of any Service, including 911 service, in whole or in part, without prior notice where (i) you violate the terms of your Contract (including any Acceptable Use Policy), (ii), you do not pay any amounts when due, (iii) your usage of the Services is inconsistent with your usual usage pattern and/or we reasonably suspect your Service is being or may be used for fraudulent, improper or illegal purposes, (iv) we need to perform maintenance, repairs or upgrades to the Services or our network and equipment, (v) any account or service on which your Services depend is terminated for any reason, (vi) there is an emergency or extreme circumstance that warrants suspension, or (vii) we reasonably conclude that you have become an unacceptable credit risk.
You are still responsible for paying for your Services during any period they are suspended. Except for residents of Quebec, If your Service remains suspended for more than 10 days, except where prohibited by applicable law, we may terminate your Service with no further notice.
If you are a resident of Quebec and subscribe to a fixed term contract, we may terminate your Service only if you are in default of your obligations in your Contract, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Quebec. If you are a resident of Quebec and subscribe to an indeterminate term contract, (i) we may terminate your contract if you are in default (except where the default is non-payment and you have provided a security deposit which is greater than the amount due), and (ii) we will give you notice in writing at least 60 days before the date of termination if we intend to terminate your contract and you are not in default.
In certain cases, we incur costs to third parties as a result of the suspension, termination or reconnection of your Services. Where permitted by applicable law, we reserve the right to impose a Charge as set out in Schedule A - Charges to cover these costs.
Except where caused by our negligence, or willful acts or omissions, you agree to indemnify and hold us harmless from any claims, losses, damages, costs and expenses (including legal fees and litigation costs) incurred by us as a result of your breach of any intellectual property, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
Equipment rented or purchased on an installment plan. Where you rent equipment or are in the process of purchasing it on an installment plan from Yak, you are responsible for the equipment and must (i) take reasonable care of it, (ii) maintain and operate it in accordance with the manufacturer’s recommendations and not modify, interfere or tamper with it, (iii) not sell, lease or otherwise dispose of it without our consent, and (iv) except where you have purchased the equipment in installments, return the equipment to us at our request. Equipment rented from us remains our property, as does equipment purchased on an installment plan until all installments have been paid. We can replace any rented equipment at any time with new or refurbished equipment. Risk of loss or damage to rented equipment or equipment for which all installments have not been paid, rests with you and you will be responsible for replacing it or the replacement value, as the case may be, if it is lost, stolen, damaged, sold, or not returned. You should inform us immediately if equipment you have rented or are purchasing on an installment plan has been lost or stolen, or you suspect its unauthorized use.
Equipment purchased from Yak. Where you purchase equipment from Yak, Yak will not be liable for any loss or damage to that equipment which is not directly caused by us. The sale of any equipment is final and the equipment may not be returned or exchanged without our consent. Except for residents of Quebec: To the extent permitted by applicable law, and subject to any applicable statutory implied warranties, Yak makes no warranties, representations or guarantees, express or implied, with respect to the availability, fitness for a particular purpose, performance, use, merchantability or non-infringement of the equipment. If the equipment comes with a manufacturer’s warranty, your only remedy for a warranty issue will be pursuant to that warranty. Yak will replace any defective equipment with comparable equipment in accordance with the terms of the warranty. Any warranty we provide does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, you agree to notify us promptly so that we may arrange to make the necessary assessment.
Equipment purchased from someone other than Yak. If you do not buy or rent equipment from us, we will assume you have provided your own. When you use your own equipment, you are fully responsible for the operation of that equipment on our network, its configuration, compatibility and support, any repairs, and any damages or outages that result from its use. You are responsible for verifying with us that the model and type of equipment you’ve selected is approved for use on our network – you should do that before purchasing the equipment. Some limitations in firmware can prevent equipment not supplied by Yak from connecting to our network, even if the model is approved, and some modems cannot be used on Yak’s network due to limitations resulting from the modem certification processes of underlying network providers. If a model would otherwise work on our network, but the serial number is registered to an account with another service provider, it is possible that the modem will not work on our network. You acknowledge these limitations and release and indemnify us from any claim resulting from the use of, or inability to use, the Services or that equipment. This includes one-time non-refundable connection fees associated with activities like modem activation and setup. Yak may credit these fees if you subsequently decide to purchase equipment from us.
The equipment and software required to use the Services may change periodically and we reserve the right to make changes to equipment or software requirements where we consider it necessary. Unless otherwise specified by us, you are responsible for updating, maintaining or replacing your equipment to reflect these changes.
You also agree to comply with all applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Services. These end user licenses will terminate upon termination of the Service unless otherwise specified.
Yak is not responsible for any information that is stored on equipment, and will not be liable for any loss of that information. Where possible, you should back up your information. Upon termination of a Service, we may delete any information, including files, programs, data, voicemails, or emails associated with the Service without further notice to you.
We perform maintenance from time to time on both a scheduled and emergency basis to ensure the continued operation of our network and services. You agree that we may interrupt the Services for technical or maintenance purposes where required. Where we can, we will give you advance notice of any maintenance.
You agree to abide by the Yak Acceptable Use Policy set out in Schedule D – Acceptable Use Policy, which is attached to, and forms part of, this Contract. We may amend the AUP from time to time in accordance with the provisions of these Terms. Updates to the AUP will be posted at https://www.yak.ca/terms.php
Yak reserves the right to investigate suspected violations of this Contract, including the gathering and examination of information from you or other customers and the complaining party, if any. We may suspend the provision of any Service during our investigation.
If any portion of your Contract is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will remain in full force or effect. If we fail to enforce any provision of this Contract, for whatever reason, that failure will not be considered a waiver of our right to enforce it. The Contract inures to the benefit of and is binding on your successors or assigns. We can assign or transfer all or any part of your Contract and the provision of your Services to another party. You must get written consent from us before transferring or assigning all or any part of this Contract. This Contract is governed by the laws of Canada, as well as any applicable laws of the Province in which your billing address is located.
The Service may include local Voice over Internet Protocol telephone line(s) and/or a variety of long distance plans, each of which may be offered at flat rates and some of which may have usage dependent pricing. Home phone and long-distance services require a broadband Internet connection and a Customer supplied touch tone enabled telephone set, to be connected to a Yak supplied (rental, rent to own or purchase) Internet telephone adapter (referred to as an “ATA”). Per minute Charges for long distance calling will change from time to time and are dependent on the domestic or international destination called. Long distance service gives you access to our most recent per minute rates for domestic and international calls which can be found at https://www.yak.ca/ld.php.
We provide the Services and any equipment to you for personal, residential and non-commercial use. You agree not to use the Services for any commercial activities including but not limited to telemarketing, autodialing, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage. You are not permitted to resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent.
You are responsible for all Charges arising from the use of the Services or hardware whether or not you authorized them, and whether or not you were aware that they were being incurred by other users of your Services. This includes collect-call charges, toll charges, 10-10 type usage-dependent charges, fees for directory assistance, and charges passed through from third party service providers whose services you use. You are responsible at all times for ensuring that your service does not allow, and must take steps to prevent, unauthorized access to the Services. This includes, but is not limited to, setting strong passwords and limiting physical access to equipment.You agree not to use or permit the Service to be used for any of the following purposes:
You are responsible for all charges incurred for long distance calls, including when using Yak supplied Yak calling cards. The following additional conditions apply to long distance Service:
Additional per minute surcharges may apply for all Yak Long Distance Voice Services in respect of calls terminating on mobile phones or special country code terminations in certain countries.
There are important terms, conditions and limitations related to the 911 service provided with your Home Phone Service. These are outlined in Schedule B – 911 Service - Terms, Conditions and Limitations. By activating your Home Phone service and your continued use of it, you acknowledge that you understand and expressly agree to those 911 service terms, conditions and limitations.
Yak residential Internet Service is designed for personal use. You may not use the Service for commercial purposes. To ensure fair and proportional access to our network by all customers, you agree not to run disproportionately high-bandwidth or high-load servers or applications in connection with the Service. You are not permitted to resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent. The actual speed for your internet service may vary from the advertised speed due to a number of factors, including configuration of your equipment, internet traffic, the age and location of your computer in your home, whether you are on a wired or a wireless connection, etc.
Where applicable, you must comply with any current data storage and other limitations on the Service. We reserve the right to change the Service’s data transfer speeds or data transfer thresholds upon notice, in accordance with the terms of this Contract.
You are responsible at all times for ensuring that your equipment does not allow, and must take steps to prevent, unauthorized access to the Services. This includes, but is not limited to, setting strong passwords, limiting physical access to equipment, and utilizing up-to-date anti-virus and firewall software. You are also responsible for any content uploaded, posted, published, stored, transmitted or accessed through the Service, and assume all liability in respect of that content.
You agree not to use the Service for any fraudulent, improper or illegal purposes, including for any activity which would be contrary to the Acceptable Use Policy. In addition, you must ensure that your activities do not impede our ability to deliver the Services and run our network. You agree to the Internet traffic management policies (ITMPs) included in Schedule C - Internet traffic management policies.
You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software provided in connection with the Service. Unless you and Yak agree otherwise, these licenses will terminate upon termination of the Service. In the event of any conflict or inconsistency between the terms of this Contract and any such license, the terms of this Contract will prevail.
You acknowledge and accept all risks associated with your online activity including malware, viruses, data loss or theft, and any connection failure or network outages. We are not responsible for the delivery of email sent to any account which has been suspended or terminated.
|Interest rate on overdue amounts||2% per month (26.82% per annum)|
|Reactivation Fee (account suspended)||$20|
|Reactivation Fee (account terminated)||$60|
|NSF / Returned Payment / Pre-Authorized Payment Denial||$25|
|Bill Reprint Fee||$5 if bill requested is more than 1 year old|
|Third-party technician charges, including for maintenance or repair||$180 for first hour, $100 for subsequent hours.|
|Home Phone and Long Distance|
|Rental equipment Non-Return Charge||$50|
|Temporary Suspension of Service (minimum 4 weeks, maximum 6 months)||$7 per month|
|911 Fee||$1 per month|
|Move Administration Fee||$60|
|Rental equipment Non-Return Charge (per item)||$180|
|Temporary Suspension of Service (minimum 4 weeks, maximum 6 months)||$60 per month|
|Plan downgrade fee||$25|
Due to the nature of the service, long-distance charges can change without notice. For our most recent per minute rates for domestic and international calls, please go to https://www.yak.ca/ld.php.
The 911 emergency service provided with your Yak Voice over Internet Protocol (VoIP) Home Phone service differs in a number of important ways from Enhanced 911 (E911) dialing available with most traditional telephone services and has specific limitations related to E911. By activating your Home Phone service and your continued use of that service, you acknowledge that you understand and expressly agree to these 911 service terms, conditions and limitations.
For Ontario and Quebec Customers: Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by Yak for our Internet Services. While Yak is constantly investing in its network in order to ensure a high-quality Internet service, significant increases in traffic demand may occasionally result in congestion on our shared networks.
Yak has designed its Internet quality management system to minimize the impact for most users during congestion periods. This system identifies types of Internet traffic that are more sensitive to congestion and delays and prioritizes that traffic when necessary. Internet traffic is identified and, if necessary, prioritized based on four groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second and third priority groups consist of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The fourth group includes applications that are traditionally less popular with our customer base as a whole. Normally no prioritization of traffic occurs as network capacity is more than sufficient to handle the traffic volume. However, if we experience periods of congestion, delivery of more time-sensitive traffic will be prioritized to ensure an overall high-quality internet experience for the most users possible. During congestion periods, you should see no change in the quality of your Internet experience when using time-sensitive Internet applications. You may notice a decrease in download/upload speeds if you are using non-time-sensitive applications until the temporary network congestion has passed.
For Alberta and British Columbia Customers: Yak customers in Alberta and British Columbia are subject to ITMPs that are imposed on us by our network suppliers. We use the same traffic management policies as these suppliers to ensure proportional access to located in Alberta and British Columbia. Some Peer-to-Peer (P2P) applications used for non-real-time file sharing can consume a disproportionate amount of upstream bandwidth causing disruption to other users on the network. These traffic management policies were introduced to address any upstream congestion caused by these P2P applications while standard network expansion activities are undertaken to increase the bandwidth availability for all users. The traffic management policies come into effect only if upstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of upstream bandwidth available for P2P applications completing non-real-time file transfer activity to 80 kbps per end-user. These ITMPs do not affect download speeds and will not affect real-time interactive activities such as on-line gaming, banking, email or VoIP services. For the majority of customers, the Internet experience is unaffected by the traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application. Yak’s ITMPs use IP addresses to make real-time traffic management decisions in relation to the network. Since IP addresses have the potential to be linked to an individual’s customer account, IP addresses could be considered personal information. The traffic management policies implemented by Yak do not involve capturing, storing or archiving this information in any way.
Your use of the Yak network and your Services is subject to the following:
Your responsibilities. Your use of Yak’s network and Services can impact how others use that same network and services. If you misuse the network or Services in a way which negatively impacts other customers or our ability to provide the network and Services, we will take the necessary steps to ensure a proportionate and reasonable use by all users. That means that, in addition to any breach of the Terms, if we reasonably believe that you have breached any provision of this AUP, we reserve the right to suspend, restrict or terminate your Services. You are ultimately responsible for the use of the Services, and any Charges arising from that use, whether or not the Services are used by you or someone else.
a. use, or permit the Services to be used, for any illegal purpose (which includes, but is not limited to any purpose which would be contrary to any applicable law as defined in the Terms), or for any activity which could reasonably be considered to harm others;
b. post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
c. post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
d. post or transmit any information or Software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;
e. upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, Software or other material which:
i. is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s);
ii. is defamatory, obscene, child exploitation or hate speech; or
iii. constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;
f. use the Services and any equipment for any activities other than personal, residential and non-commercial use;
g. resell, share, or otherwise distribute the Service, or any part or functionality of it, to anyone else without our prior written consent;
h. engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
i. use the Service for simultaneous sessions using the same User ID and Password.
Nothing contained in this policy shall be construed to limit our actions or remedies in any way in response to any of the foregoing activities. We reserve the right to take any and all additional actions we deem appropriate with respect to such activities. Complaints regarding email, SPAM or Illegal Use or System or Network Security issues, should be sent to email@example.com. We also reserve the right to amend this AUP from time to time.
This notice is meant to inform you about the Yak policy with regard to how we use, collect, or disclose personal information.
If you have any general questions concerning access to or use of your personal information, you should contact our customer service team at 1-877-925-4925.
If you have any unresolved concerns or wish to make a privacy related complaint, you may contact the Privacy Office directly at 1-855-376-5423.
Write to us by email: firstname.lastname@example.org
Or by regular mail at:
Yak Communications (Canada) Corp. c/o Privacy Officer 177 Nepean St. Suite 300, Ottawa, ON, K2P 0B4
Personal Information Protection and Electronic Documents Act: You can download and print the act in its entirety at www.priv.gc.ca
In accordance with PIPEDA, we define personal information as any information (in any format) that is about an identifiable individual. This may include information such as, but not limited to:
This does not include business contact information or other instances where PIPEDA does not apply to personal information such as personal information collected, used or disclosed by federal government organizations under the Privacy Act, Provincial or territorial governments and their agents.
* In accordance with our Terms & Conditions, Yak retains ownership of any identifiers assigned or provided to the Customer in association with the Service.
Permission given by a customer where the customer provides:
An assumption of permission inferred from the actions or statements of the customer. For clarity, it is an understanding that is not directly stated. For example, to subscribe to any of our services we need some basic information from you to set up your account.
Yak has designated privacy officers to respond to any complaints or inquiries with regards to how we use your personal information. These officers are responsible for overseeing our compliance with PIPEDA. All Yak employees are trained to follow our policy and procedures.
When subscribing to any of our services, you are providing implied consent for us to collect personal information like your name, phone number, and billing information.
We will obtain your express consent prior to using or disclosing your personal information for a purpose that is not described within this policy, or that we did not identify to you at the time of collection.
When dealing with certain emergencies or legal issues, Yak may be required by law to disclose your personal information without seeking or obtaining your consent.
Yak may collect and retain your personal information:
In instances where we require your personal information for a purpose that is not listed above, Yak will identify the purpose at the time of collection.
Yak shall limit the type and quantity of personal information collected to the amount necessary to carry out the identified purpose(s). Whenever feasible, our representative will explain why the information is needed at the time of collection.
Unless we obtain your express consent or a disclosure is pursuant to a legal process, any personal information held by Yak is kept confidential and will not be used or disclosed to anyone other than:
Any publicly available information, such as a listed name, address or telephone number (411 or white pages listings) is not kept as confidential. You should also be aware that the fact that you are a Yak customer may be revealed to others when using the Service.
We will retain your personal information only long enough to satisfy the purpose(s) to which you have already consented. Within a reasonable time after the purpose has been satisfied, your sensitive information will be destroyed or made anonymous.
** In order to establish and provide you with ongoing service, Yak must work with various third parties. These disclosures are made on a confidential basis with requirements to ensure that your information is safeguarded and only used for the specific purpose it was disclosed. These purposes may include, but are not limited to:
Keeping in mind the purpose of its use, we will make every reasonable effort to keep your personal information as accurate and complete as possible. We encourage your participation by helping us correct anything you feel we may have missed.
Yak is working hard to keep your personal information protected from unauthorized access and any other type of misuse. Access to your personal information is restricted and only made available to authorized personnel with a need-to-know. We are continuously looking to improve our physical and technological security controls in order to meet or exceed industry standards.
When it is no longer needed, we make sure that your information is securely destroyed or made anonymous.
You are entitled to have access to or challenge the accuracy of your personal information that is under our care. Upon your written request, Yak will promptly inform you of the existence, use, or disclosure of your personal information.
In some limited circumstances, if the information you requested is too costly to collect or if it conflicts with any legal or commercial proprietary obligations, Yak may withhold access or charge a reasonable fee. In the event that Yak does withhold access, you will be notified of the reason(s) no later than 14 days after your request was submitted.
We are committed to being as receptive and accommodating as possible in responding to any issues you may have about the handling of your personal information. Any customer complaints received by Yak about our compliance with PIPEDA will be acknowledged, investigated, and documented.
If you feel that the Yak Privacy Officer has not adequately resolved your issue, you may challenge our compliance with the Privacy Commissioner of Canada. Please consult their Guide to the Complaint Process, call them toll free at 1-800-282-1376 or visit their website at www.priv.gc.ca for more information.
Office of the Privacy Commissioner of Canada
30 Victoria Street, Gatineau, Quebec, K1A 1H3
Yak reserves the right to add, modify, or remove any section of this document in order for it to remain representative of Yak business operations and continue to be compliant with PIPEDA.