PLANET ENERGY AND LIVCLEAN PRIVACY POLICY

This Privacy Policy covers the activities of the Planet Energy Corp. and its subsidiaries (collectively "Planet Energy") including Planet Energy (B.C.) Corp., Planet Energy (Ontario) Corp. and LivClean Corp.
Planet Energy is committed to maintaining the privacy of our customers' personal information.   We take steps to safeguard the confidentiality, security, disclosure, access and accuracy of your personal information. Personal information collected by Planet Energy is information about an identifiable individual that may include such information as your name, e-mail address, mailing address, phone number, financial information, birth date and any recorded complaints. This Privacy Policy (the "Privacy Policy") describes how Planet Energy collects, uses and discloses personal information.  The Privacy Policy adheres to the following 10 principles:


The Privacy Principles

Principle 1 - Planet Energy's Accountability
Planet Energy is responsible for all personal information under its control, including personal information disclosed to third parties for processing. Planet Energy has designated Christopher Gaffney as the individual who will be accountable for Planet Energy's compliance with Planet Energy's Privacy Policy. 

Principle 2 - Identifying the Purposes for Personal Information Collection
Planet Energy will identify the reasons for which personal information is collected and/or required at or before the time such information is collected by Planet Energy. Planet Energy collects personal information for the following purposes:
to establish arrangements with customers for the supply of energy, energy related products and services, carbon offsets and carbon offset related products and services;

- to provide energy, energy related products and services, carbon offsets and carbon offset related products and services to our customers;
- to develop, enhance, market or provide existing and new products and services to our customers;
- to manage and develop Planet Energy's business and operations;
- to process billing and collection of the payments and fees for the Planet Energy products and services;
- to perform credit checks, if deemed necessary by Planet Energy; and
- to meet Planet Energy's legal, contractual and regulatory requirements.

Personal information will not be collected for any other purpose without your consent. 

Principle 3 - Obtaining consent
Planet Energy will obtain customer consent prior to or when Planet Energy collects, uses or discloses the personal information. Such consent may be expressed or implied and is often provided by accepting the contract terms and conditions associated with products. Planet Energy will make reasonable efforts to ensure that customers understand how the personal information may be used or how it may be disclosed by Planet Energy. 

Principle 4 - Limiting the collection of Personal Information
The collection of personal information by Planet Energy will be limited to only that information which is necessary for the purposes identified by Planet Energy.  Planet Energy will only collect such personal information as needed for the purposes that have been documented by Planet Energy and identified to customers. Planet Energy will not mislead customers about the purposes for which personal information is being collected. 

Principle 5 - Limiting use, disclosure, and retention of Personal Information
Personal information will not be used or disclosed for purposes other than those for which it was collected by Planet Energy unless Planet Energy has the consent of the Customer, or as may be required by law. Planet Energy will keep personal information only as long as it is necessary for Planet Energy to fulfill the purposes for which personal information was collected.  Planet Energy may disclose a customer's personal information to:

- Planet Energy's suppliers, advisors and credit providers, if disclosure is related to the provision of energy and/or carbon offset products and/or services;
- a person who, in the reasonable judgment of Planet Energy, is acting as an agent of the Customer;
- a company, including local utilities and Planet Energy's suppliers, who will be involved in supplying the Customer with energy and/or 
  carbon offset products and/or services; - an agent used by Planet Energy to evaluate the Customer's credit worthiness or to collect the Customer's account; - a credit reporting agency; and - a third party or parties, where the Customer has given Planet Energy Consent to such disclosure or if disclosure is required by law. Principle 6 - Accuracy of Personal Information Planet Energy will take reasonable steps to ensure that all personal information provided to it is accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Principle 7 - Safeguarding Personal Information Planet Energy will implement such security safeguards that are appropriate for the level of sensitivity of the personal information that it collects. Principle 8 - Openness about Planet Energy's Policies and Procedures Planet Energy will make available to customers specific information about its policies and procedures relating to the collection, use, retention and disclosure of personal information. Principle 9 - Providing Access to Personal Information Upon a customer's request, or a request by an authorized representative of customer, and unless prohibited by law, Planet Energy provide access to that customer's personal information held by Planet Energy. Principle 10 - Challenging compliance and offering suggestions Customers may direct any questions or inquires with respect to Planet's Privacy Policy to the designated individual accountable for Planet Energy's compliance. Planet Energy will review all complaints and respond to all questions asked by its customers. If warranted, Planet Energy will implement the necessary measures to resolve the complaint. You may contact Planet Energy regarding any privacy concerns at the following: Toll free at 1-866-755-9553; email at: customerservice@planetenergy.ca; or by mail to: 10 Kingsbridge Garden Circle, Mississauga, Ontario, L5R 2K5, attention: Chief Privacy Officer To contact the Office of the Privacy Commissioner of Canada please use the following: Privacy Commissioner of Canada 112 Kent Street Ottawa, Ontario K1A 1H3 Phone (613) 995-8210 Toll-free 1-800-282-1376 Fax (613) 947-6850 E-mail: info@privcom.gc.ca (complaints must be submitted in writing) Web site: http://www.privcom.gc.ca/ Residential Customer Agreement - Terms and Conditions 1. Offsets. After Customer has submitted an internet, mail-in or phone-based order, LivClean Corp. ("LivClean") will prepare a receipt or invoice confirming the commercial terms of Customer's order (the "Confirmation"). The Confirmation and these terms and conditions shall be collectively referred to as the "Agreement." During the Term (defined below) LivClean will obtain and retire Offsets (defined below) on Customer's behalf. The annual amount of Offsets obtained and retired on Customer's behalf shall be the annual amount agreed to by Customer on the internet, mail-in or phone-based order (the "Amount") as such Amount is confirmed by the Confirmation. For the purposes of this Agreement, "Offsets" means carbon emission reduction offsets or credits measured in metric tonnes of carbon dioxide gas, or in the case of methane or other greenhouse gases, of carbon dioxide equivalent tonnes, resulting from specific and identifiable actions. During each year of the Term (defined below), LivClean will issue to Customer a certificate confirming the Amount of Offsets that have been obtained and retired on Customer's behalf. Such certificate shall be delivered to Customer and shall only be issued upon receipt of Customer's payment for the applicable Offsets. 2. Acknowledgement and Representations. If Customer disagrees with any of the terms and conditions of this Agreement or the Confirmation, Customer may contact LivClean within 7 days of receipt of this Agreement to either terminate this Agreement or to correct any errors in the Confirmation. Customer represents that all information and data provided to LivClean is accurate, complete and current. Customer will notify LivClean of any change to such information or data. LivClean represents and warrants that all Offsets obtained and retired under this Agreement shall be independently verified or validated by reputable third parties. To the maximum extent permitted by law, LivClean makes no representations or warranties, express or implied, except those set out in this Agreement. 3. Plan Fees. Customer agrees to pay, on a monthly or yearly basis, as applicable, the monthly or yearly amount that corresponds to Customer's selected Offset plan (the "Plan Fees") as confirmed by the Confirmation, plus any applicable taxes, including provincial sales tax and goods and services tax. The total annual amount payable shall equal: (i) in respect of annual plans, the Plan Fees plus any applicable taxes and (ii) in respect of monthly plans, the Plan Fees multiplied by twelve plus any applicable taxes. During the first year of the Term the Plan Fees will not increase. Thereafter LivClean may amend the Plan Fees on 30 days written notice. Upon receipt of an amendment to the Plan Fees Customer may contact LivClean to terminate this Agreement, failing which the Agreement will continue at the amended Plan Fees. 4. Billing and Payment. Customer agrees to pay all applicable fees, charges and taxes relating to the Offset plan set out in the Confirmation and any subsequent invoice. If Customer subscribes to a monthly or yearly Offset plan, Customer's monthly or yearly bill, as applicable, is payable upon the date of the invoice. Customer's monthly or yearly charges, as applicable, will include Customer's monthly or yearly charge applicable to Customer's Offset plan and all applicable taxes. If Customer has requested pre-authorized payment (as confirmed on the Confirmation), Customer expressly authorizes LivClean to charge Customer's credit card or other pre-authorized payment vehicle the amount of any charges due under this Agreement. This will constitute LivClean's sufficient authority for doing so. Customer represents and warrants that the credit card for which Customer has provided information to LivClean is in Customer's name, is valid and has not expired. Customer promises to promptly advise LivClean if Customer's credit card information changes due to its loss, theft, cancellation or expiry or other reason. 5. Term/Start Date/Termination. The term of this Agreement (the "Term") commences on the date LivClean receives Customer's internet, mail-in or phone-based order, as such date is confirmed by the Confirmation, and continues indefinitely until terminated in accordance with the provisions of this Agreement. Customer may terminate this Agreement at any time upon 30 days notice to LivClean at the contact addresses set out below. LivClean may immediately terminate this Agreement if: (i) Customer fails to pay for Offsets obtained and retired or any other amounts payable to LivClean, or (ii) a material change occurs that adversely effects LivClean's ability to obtain and retire the Offsets on Customer's behalf on a commercially reasonable basis. Customer agrees that in the event of termination Customer shall pay LivClean for any Offsets obtained and retired on Customer's behalf prior to the termination date. 6. Privacy. Customer acknowledges that LivClean collects, records, uses and discloses Customer's information for purposes related to its business and to obtain and retire Offsets on Customer's behalf and that LivClean may enter into arrangements related thereto that require disclosure of Customer's information. Customer hereby consents to LivClean disclosing Customer's information to LivClean's creditors, service providers, agents, affiliates and other third parties in order for LivClean to obtain and retire Customer Offsets hereunder or in connection with LivClean's business and Customer hereby consents to such parties' collection, holding, use and disclosure of such information. Customer understands that Customer can provide written notice to LivClean at any time to stop using Customer's personal information. 7. Assignment. LivClean, in its sole discretion, may assign, pledge or transfer this Agreement or the proceeds therefrom without Customer's consent. Customer may not assign this Agreement without LivClean's consent. This Agreement shall be binding upon and enure to the benefit of LivClean's and Customer's respective successors and assigns. 8. Liability. To the maximum extent permitted by law, neither LivClean, nor any of its representatives shall be liable to Customer for any loss, claim, action, cause of action, proceeding, damage of any nature (including special, punitive, incidental or consequential damages, such as loss of sales, revenue, profits or goodwill; cost of capital; cost of substitute products, facilities, or services; or any associated legal fees) or expense (collectively, "Claims'), which may directly or indirectly be suffered or occasioned by the Customer or any of its representatives, arising out of or relating to the this Agreement or any Claims against Customer by a third party arising out of, or connected with this Agreement. The terms and provisions of this section constitute a material inducement for the parties entering into this Agreement. 9. No Hassle Refund. Customer may contact LivClean within 10 days of placing an internet, mail-in or phone-based order to cancel Customer's order. In such event, LivClean shall provide customer with a full refund of any amounts charged in connection with such order. 10. Miscellaneous. This Agreement is the entire agreement between Customer and LivClean. Customer did not rely on any representations that are not in this Agreement. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada therein. 11. Contact Information. If Customer has any questions or concerns about this Agreement or needs to provide notice to LivClean, Customer may contact LivClean as follows: (i) by phone: 866-755-9553, (ii) by facsimile 905-755-0545, (iii) by email: info@livclean.ca, or (iv) by mail: LivClean Corp., attention: Customer Service, 10 Kingsbridge Garden Circle, Suite 800, Mississauga, Ontario, L5R 3K6.

 

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