Web Creator Live
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Revision Date: March 14, 2023
- Introduction
- This Employee Privacy Policy Statement (the “Privacy
Policy”) contains the policies, procedures and practices to be followed by Web Creator Live and any of
its present or future subsidiaries (the “Company”) pertaining to the collection, use and
disclosure of personal information (the “Personal Information”) of an identifiable person (the
“Individual”) that is a present, future or former employee of the Company.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. - The Company recognizes the confidential nature of the
Personal Information in its care and is accountable for the compliance of itself and its directors, officers,
management, employees, representatives and agents including consultants and independent contractors (the
“Staff”) in protecting this Personal Information.
- For the purpose of this Privacy Policy, the term
“Personal Information” has the meaning of any information or collection of information in any
form, whether oral, electronic or written that pertains to the Individual excluding information that is
publicly available in its entirety. Personal Information will also include any publicly available
information that is combined with non-publicly available information.
- Personal Information includes but is not limited to name, home
address, home phone number, home email address, identity verification information, Social Security Number,
physical description, age, gender, salary, education, professional designation, personal hobbies and
activities, medical history, employment history, credit history, contents of resume, references, interview
notes, performance review notes and emergency contact information.
- Personal Information will not include the Individual's
business title, and business address and contact information when used or disclosed for the purposes of
reasonable business communication.
- The Company will implement policies and procedures that give
effect to this Privacy Policy including procedures to protect and secure Personal Information, procedures to
receive, investigate and resolve complaints, procedures to ensure adequate training of the Staff concerning
the Company's privacy policies, and procedures to distribute new and current information pertaining to the
Company's Privacy Policy.
- Corporate Privacy Policy
- The Company and the Staff will at all times respect the
confidentiality of the Personal Information placed in its care. The Company will endeavor to ensure that the
policies affecting the collection, storage and disclosure of Personal Information reflect the confidential
nature of the information.
- The Company will comply with all applicable privacy
legislation and regulations in force now and in the future related to protecting the confidentiality of
Personal Information.
- Purposes for which Personal
Information is Collected
- Personal Information will be collected, used and disclosed for
purposes pertaining to the Individual's employment relationship with the Company, including but not limited
to the administration of employee hiring, performance reviews, the administration of employee payroll,
processing of employee benefit claims, and for the purpose of complying with all applicable labor and
employment legislation.
- The purposes for collecting Personal Information will be
documented by the Company. Personal Information will only be used for the stated purpose or purposes for
which it was originally collected. The purposes for which Personal Information is being collected will be
identified orally or in writing to the Individual before it is collected. The person collecting the
information will be able to explain the purpose at the time that the information is collected.
- The Company may use Personal Information for a purpose other
than the originally stated purpose where the new purpose is required by law or where the Company has
obtained consent in writing from the affected Individual for each new purpose.
- Knowledge and Consent
- Knowledge and consent are required from the affected
Individual for the collection, use and disclosure of all Personal Information subject to exceptions noted
elsewhere in the Privacy Policy statement.
- Consent will not be obtained through deception or
misrepresentation.
- Any use or disclosure of Personal Information will be within
the reasonable expectations of the Individual.
- Subject to legal and contractual obligations, an Individual
may withdraw their consent on reasonable notice.
- Legislation and Regulation
- Where the Company has Individuals living and working in
different jurisdictions the specific rights and obligations of Individuals may vary between
jurisdictions.
- The Company is subject to the privacy legislation in all
jurisdictions in which the Company operates. If any term, covenant, condition or provision of this Privacy
Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the intent
of this Privacy Policy that the scope of the rights and obligations of the Privacy Policy be reduced only
for the affected jurisdiction and only to the extent deemed necessary under the laws of the local
jurisdiction to render the provision reasonable and enforceable and the remainder of the provisions of the
Privacy Policy statement will in no way be affected, impaired or invalidated as a result.
- Where this Privacy Policy provides greater rights and
protections to the Individual than the available governing law, the terms of this Privacy Policy will
prevail wherever allowed by law.
- Scope and Application
- The rights and obligations described in this Privacy Policy
will apply to all Individuals. The Company and the Staff must comply with the policies, procedures and
practices described in the Privacy Policy.
- Collection of Personal
Information
- The type and amount of Personal Information collected by the
Company will be limited to the minimum necessary to accomplish reasonable business purposes. Personal
Information will not be collected maliciously, indiscriminately or without a reasonable business
purpose.
- Personal Information will be collected using fair and lawful
means.
- Access by Authorized Company
Representatives
- All Personal Information will be released internally only on
a need-to-know basis. In the course of normal and reasonable business practices it is the policy of the
Company to grant designated Company representatives access to Personal Information files. This access will
not exceed that necessary to accomplish the specific business function of the Company representative nor the
purpose for which the information was originally collected.
- Accuracy of Personal
Information
- The Company will endeavor to ensure that all Personal
Information collected is accurate and validated using reasonable business practices and procedures. The
Company is also committed to ensuring that the Personal Information remains accurate for the purpose for
which it was collected.
- Rights of Access and
Correction
- The Company will make reasonable efforts to ensure that
Personal Information is at all times complete and accurate for its stated purpose.
- An Individual may apply for access to their Personal
Information by submitting a request in writing along with adequate proof of identity to an authorized
personnel officer. Where the application is made in person the requirement for proof of identity will be at
the discretion of the personnel officer. The Individual will be provided with a copy of all available
information that is not subject to restriction as described in this Privacy Policy. All Personal Information
and Medical Information will be provided at no cost or at a minimal cost that is not
prohibitive.
- The Company will also provide a specific summary of how the
Personal Information has been used and to whom it has been disclosed. Where a detailed account of disclosure
is not available, the Company will provide a list of organizations to which the Personal Information may
have been disclosed.
- The Personal Information disclosed to an Individual must be
in a form that is reasonable and understandable. Where the meaning of information is not clear then
translations and explanations will be provided without additional cost.
- Where an Individual suspects that an error exists in their
Personal Information, the Individual may submit a request in writing for correction. This request should
include any relevant information substantiating the error and should describe the correction to be made. The
Company will make all reasonable efforts to address any request for correction.
- Where the Individual successfully demonstrates an error in
their Personal Information the Company will make appropriate corrections. Any modifications, additions or
deletions to the Individual's Personal Information will be made only by an authorized personnel
officer.
- Where a request for correction is not successful, the details
and substantiating evidence of the request will be recorded and retained by the Company.
- The Company will endeavor to respond promptly to any
reasonable request for disclosure and correction made by an Individual to ensure the continued accuracy of
Personal Information.
- In some instances the Company may be required to limit access
to Personal Information because of statutory or regulatory requirements. In all instances however the
Company will make all reasonable efforts to comply with the Individual's request for access and correction
to the extent of what is allowed by statute or regulation.
- The Company may refuse access to portions of the Personal
Information of an Individual where it is found to contain Personal Information pertaining to another
Individual.
- Use and Disclosure of Personal
Information
- The Company and the Staff will keep confidential all Personal
Information in its control except where one or more of the following conditions apply:
- where the Individual who is the subject of disclosure has
provided written consent;
- where the disclosure is in accord with the purposes for
which the Personal Information was originally collected;
- where the disclosure is for the purpose of providing
employment references to prospective employers and where the Personal Information disclosed is limited
to information considered reasonably necessary for the purpose of providing employment
references;
- where the Company is permitted or required to do so by
applicable legislation or regulation;
- where the disclosure is directed to health benefit
providers and where the purpose of the disclosure is in accord with the purposes for which the Personal
Information was originally collected;
- where the disclosure is required by authorized government
representatives who are acting to enforce any federal or state law or carrying out an investigation
relating to the enforcement of any federal or state law or gathering information for the purpose of
enforcing any federal or state law;
- where the Company is required to comply with valid court
orders, warrants or subpoenas or other valid legal processes and
- in an emergency to protect the physical safety of any
person or group of persons.
- where the Individual who is the subject of disclosure has
provided written consent;
- Ownership of Personal
Information
- All Personal Information collected by the Company in
compliance with this Privacy Policy are business records of the
- Retention and Disposal of Personal
Information
- Any Personal Information collected by the Company will be
retained by the Company during the period of active employment of the Individual as well as during the
post-employment period only as long as the Personal Information is required to serve its original purpose or
as directed by applicable legislation or regulation.
- Personal Information that is no longer needed for its stated
purpose will be destroyed, erased or made anonymous.
- The Company will ensure that all practices and procedures
relating to the disposal of Personal Information will respect the fundamental policy of confidentiality. All
Personal Information disposal procedures, including the disposal of computerized data storage devices, will
ensure the complete destruction of Personal Information so that there will be no risk of subsequent
unauthorized disclosure of Personal Information.
- Deceased Individuals
- The rights and protections of the Company's Privacy Policies
will extend to deceased Individuals.
- Security
- The Company will take and enforce all reasonable security
measures appropriate for the sensitivity of the information to ensure that all Personal Information for
every Individual is protected against any form of unauthorized use including but not limited to accidental
or malicious disclosure, unauthorized access, unauthorized modification, unauthorized duplication or
theft.
- Methods of security will include but not be limited to the
following:
- physical security including locked filing cabinets and secure-access
offices;
- organizational security including security clearances and access limited on a
“need-to-know” basis and
- technological security including passwords and encryption.
- physical security including locked filing cabinets and secure-access
offices;
- The Company will educate and inform all Staff regarding the
Privacy Policy and related procedures and on the importance of confidentiality of Personal Information and
will monitor compliance with the Privacy Policy and may observe and investigate the information management
practices of all Staff having care of Personal Information.
- Knowledge of Unauthorized
Disclosure
- Responsibility for the security of Personal Information is a
responsibility that the Company holds in very serious regard. Any Staff having knowledge of an impending
unauthorized disclosure, whether intentional or unintentional, and who fail to act to prevent the
unauthorized breach will be subject to sanction as described in the Enforcement section of this document
including the immediate dismissal of the offending Staff.
- Enforcement
- All Staff having care over Personal Information must comply
with the policies, procedures and practices described in the Privacy Policy. Any breach of any term or
condition of this Privacy Policy, whether intentional or unintentional, including but not limited to the
unauthorized disclosure of Personal Information is grounds for disciplinary action up to and including the
immediate dismissal of any and all responsible Staff. Any breach of any term or condition of this Privacy
Policy, whether intentional or unintentional, is grounds for dismissal with cause.
- Compliance with Privacy
Policy
- The Company will have a procedure that will allow Individuals
to challenge the Company's compliance with this Privacy Policy. The Company will also have procedures to
promptly respond to Privacy Policy compliance challenges.
- The Company will make all reasonable efforts to investigate
and respond to compliance challenges relating to this Privacy Policy. Where a challenge is well founded the
Company will take action to correct any outstanding problems up to and including amending the Privacy Policy
and related procedures.
- Arbitration
- In the event a dispute arises out of or in connection with
this Privacy Policy, the parties will first attempt to resolve the dispute through arbitration
- If the dispute is not resolved within a reasonable period
then any or all outstanding issues may be submitted to final and binding arbitration in accordance with the
laws of the State of Florida. The arbitrator's award will be final, and judgment may be entered upon it by
any court having jurisdiction within the State of Florida
- Additional Provisions