Toronto Hydro Energy Services

Toronto Hydro Energy Services Inc. Privacy Policy Statement

Effective Date: January 25, 2006
Version: 1.0

Preface

Toronto Hydro Energy Services Inc.* is committed to keeping the Personal Information of its customers accurate, confidential, secure and private. This Privacy Policy has been designed to inform officers, employees, contractors, agents and customers of Toronto Hydro Energy Services Inc. of our commitment to and recognition of our obligation to meet the spirit and terms of the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

Contents

This Privacy Policy describes the principles Toronto Hydro Energy Services Inc. will use to protect the privacy of Personal Information of customers in its possession or control. It addresses the reasons why such information is collected, how it is used, how its confidentiality is protected and outlines the customers' rights in respect of this information. This Privacy Policy incorporates and expands the 10 principles for the protection of Personal Information, as established by the Canadian Standards Association (CSA) and as adopted and amended by PIPEDA.

For the purposes of this Privacy Policy, "Personal Information" means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. Personal information does not include information that has been aggregated such that an individual's information cannot be identified.

In this Privacy Policy, "Toronto Hydro Energy Services Inc.", "we", "us" or "our" means Toronto Hydro Energy Services Inc., and "customer", "you", and "your" means the individual who is a customer or prospective customer whose Personal Information is in our possession or control. However, this Privacy Policy does not apply to information about business customers who carry on business as corporations, partnerships or other forms of association. Toronto Hydro Energy Services Inc. does, however, protect the confidentiality of such information in accordance with the law, regulatory codes of conduct issued by the Ontario Energy Board, contractual arrangements and our own policies.

By accepting products or services from us, visiting or using our Website, or otherwise providing us with your Personal Information, you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time. The terms in this Privacy Policy may be changed from time to time, so you should review it for changes periodically on our Website at www.THenergyservices.com/privacypolicy.

Personal Information Protection Principles

Accountability
Identifying Purposes
Consent, Limiting Use, Disclosure and Retention
Limiting Collection
Accuracy
Safeguards
Openness
Individual Access
Challenging Compliance
Toronto Hydro Energy Services Inc. Website

1. Accountability

Toronto Hydro Energy Services Inc. is accountable for the protection of all Personal Information within the organization's possession or control, including any Personal Information that has been transferred to a third party for processing purposes. Toronto Hydro Energy Services Inc. may engage employees, contractors or other companies and third parties to perform services for Toronto Hydro Energy Services Inc. that involve access to Personal Information. Toronto Hydro Energy Services Inc. shall use contractual or other means to provide a comparable level of protection of this information while the information is being processed by such third parties.

Lawrence Wilde, Vice-President and General Counsel, Toronto Hydro Corporation, our Chief Privacy Officer, is accountable for Toronto Hydro Energy Services Inc.'s compliance with this Privacy Policy. He may be contacted at:

14 Carlton Street, 6th Floor
Toronto, Ontario
M5B 1K5

Tel: 416.542.2896
Fax: 416.542.2540

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2. Identifying Purposes

Toronto Hydro Energy Services Inc. will identify the purposes for which it collects Personal Information at or before the time the information is collected, such as when you request a product or service from us. If Toronto Hydro Energy Services Inc. identifies other purposes for which any Personal Information we have collected from you may be used, Toronto Hydro Energy Services Inc. will seek your consent before such use. You may refuse permission for Toronto Hydro Energy Services Inc. to use your Personal Information for any new purpose unless the new purpose is required or permitted by law or regulatory authorities. However, refusal to provide such consent may prevent us from providing you with some products or services since we require a minimum amount of Personal Information about you to provide such products or services to you.

At a minimum, Toronto Hydro Energy Services Inc. collects Personal Information from customers for the following purposes:

to identify or contact customers, respond to customer inquiries and otherwise maintain business relations with customers;
to retail electricity and/or green power, and administer electricity contracts;
to rent and sell water heaters and provide water heater maintenance services;
to provide energy efficient and energy related products and services;
to bill and collect payment;
to establish credit worthiness;
to sign up for pre-authorized payment;
for legal, regulatory and electricity market operation requirements;
to help prevent or investigate fraud or other breaches of the law;
to provide customers with information about Toronto Hydro Energy Services Inc. products and services and the electricity industry;
to request customer participation in surveys or contests; and
to notify customers about events or causes sponsored by Toronto Hydro Energy Services Inc. or its parent company, Toronto Hydro Corporation.

Toronto Hydro Energy Services Inc. may monitor and/or record any telephone conversation with you for quality assurance and training purposes.

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3. Consent, Limiting Use, Disclosure and Retention

Toronto Hydro Energy Services Inc. will obtain your consent before, or when, it collects, uses or discloses your Personal Information. Your consent to the collection, use and disclosure of your Personal Information may be either express or implied, depending on the circumstances, the purposes for which such Personal Information is being collected and the sensitivity of the information. Consent may be obtained directly from you or from a third party that has obtained your consent to disclose your Personal Information to Toronto Hydro Energy Services Inc. For example, consent may be given by an authorized representative such as a legal guardian or person with power of attorney.

Toronto Hydro Energy Services Inc. will not use or disclose your Personal Information for purposes other than those for which it was collected except with your consent or as permitted or required by law or regulatory authorities.

Toronto Hydro Energy Services Inc. will collect, use or disclose your Personal Information without your knowledge or consent only in limited circumstances as permitted or required by law or regulatory authorities. Subject to certain legal and contractual restrictions and reasonable notice, you can refuse or withdraw your consent to the collection, use or disclosure of your Personal Information at any time. However, refusal to provide such consent, or withdrawal of such consent, may prevent us from providing you with some products or services since we require a minimum amount of Personal Information about you to provide such products or services to you. Toronto Hydro Energy Services Inc. will explain the implications of such withdrawal or refusal to provide such consent.

Toronto Hydro Energy Services Inc. will not, as a condition of supplying you with a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the specified, legitimate purpose.

Under certain exceptional circumstances, Toronto Hydro Energy Services Inc. may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent.

Because of the structure of the electricity sector in Ontario, it may be necessary to share your billing and other Personal Information with third party billing and settlement agencies. For example, if you are billed by your local electricity distributor rather than Toronto Hydro Energy Services Inc. for the electricity commodity for which you entered into a fixed price electricity contract with Toronto Hydro Energy Services Inc., Toronto Hydro Energy Services Inc. will provide information about you, such as your name, billing address and other contact information, and the fixed electricity price under your contract with us to your local electricity distributor for billing purposes. Your information may also be shared or disclosed to other agencies or organizations as required or permitted by law or regulatory authorities. Our billing, settlement and regulatory relationships with third parties are governed by our license and regulatory codes that are established by the Ontario Energy Board.

In accordance with applicable laws, Toronto Hydro Energy Services Inc. will not disclose any consumer information (which may include Personal Information) to any third parties without the consumer's written consent except where consumer information is required to be disclosed:

for billing or market operation purposes;
for law enforcement purposes;
for the purpose of complying with a legal requirement;
for the processing of the consumer's past due accounts which have been passed to third parties for collection; or

Toronto Hydro Energy Services Inc. will retain Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet our legal and contractual obligations. We will establish retention periods for closed accounts, after which the Personal Information in such accounts will be destroyed.

Toronto Hydro Energy Services Inc. will not trade, rent or sell your Personal Information. However, in the course of a business transaction, such as a proposed sale of Toronto Hydro Energy Services Inc.'s business or assets (or a part thereof), or a merger or amalgamation of Toronto Hydro Energy Services Inc. with another company, we may disclose your Personal Information to third parties such as prospective purchasers of Toronto Hydro Energy Services Inc.'s shares, business or assets, and to their lawyers, accountants, financial advisors, agents and other representatives as necessary for the purposes of such transaction.

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4. Limiting Collection

Toronto Hydro Energy Services Inc. shall limit the amount and type of Personal Information it collects to that which is necessary for the purposes identified, and shall collect such information by fair and lawful means.

The types of Personal Information that Toronto Hydro Energy Services Inc. usually collects from individual customers include:

customer name and address (mailing and service address) and other contact information (i.e. home and work telephone numbers and e-mail addresses);
facts about historic and current consumption of power for your home or business;
customer transactions with Toronto Hydro Energy Services Inc. (i.e. account number, account balances, payment history, and account activity);
general financial information;
identifying information (i.e. date of birth, driver's license, passport number, and citizenship card number);
bank information requested for pre-authorized payments; and
information we receive from you through your correspondence or communications with us.

Depending on the circumstances, we may collect some or all of the Personal Information listed above from individual customers.

Because of the structure of the electricity industry in Ontario, it may be necessary to collect certain information about you from third parties such as collecting electricity consumption information from your local electricity distributor.

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5. Accuracy

Toronto Hydro Energy Services Inc. maintains procedures to ensure all Personal Information we collect and use is kept as accurate, complete and up to date as necessary for the purpose for which it is to be used. However, we rely on you to disclose all material information to us and to inform us of any errors or changes in such information.

Individuals may challenge the accuracy and completeness of Personal Information about them and have it amended, as appropriate, as set out in Section 8 below.

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6. Safeguards

In fulfilling its responsibilities with respect to the confidentiality of Personal Information, Toronto Hydro Energy Services Inc. will employ a number of safeguards, appropriate to the sensitivity of the specific information, to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Such safeguards will include physical measures, organizational measures and technological measures, such as locked filing cabinets, restricted access to offices, security clearances, limiting access on a "need to know" basis, use of passwords and encryption. Procedures for implementing these measures will be communicated to all employees and relevant third parties to ensure compliance.

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7. Openness

This Privacy Policy is effective as of the Effective Date set forth at the beginning of this Privacy Policy. Toronto Hydro Energy Services Inc. will from time to time review and revise its Privacy Policy. Toronto Hydro Energy Services Inc. will make changes to its Privacy Policy available to its customers by such means as Toronto Hydro Energy Services Inc.'s Website and by mail.

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8. Individual Access

Upon request and with satisfactory proof of the customer's identity, any customer of Toronto Hydro Energy Services Inc. may obtain information regarding the type, use and disclosure, of his, or her, Personal Information that Toronto Hydro Energy Services Inc. has in its possession or control. Any customer may request that his, or her, Personal Information be amended for purposes of accuracy and completeness. Toronto Hydro Energy Services Inc. may require the customer to provide such request in writing. We may also charge a nominal fee for responding to such requests, and, if so, will advise you in advance of such costs. This right of access, however, is not absolute. For instance, Toronto Hydro Energy Services Inc. may refuse to provide you with access to your Personal Information where such refusal is permitted or required by law or regulatory authorities.

Customers can make their requests by contacting Toronto Hydro Energy Services Inc. by telephone at 416.351.7559, by fax to 416.542.2640, by online at www.THenergyservices.com/myprivacy, or in writing to Toronto Hydro Energy Services Inc., P.O. Box 231, Station U, Etobicoke, Ontario M8Z 5P1. Response to a customer's request will be made within a reasonable time provided the request is made in writing and the customer provides satisfactory proof of the customer's identity.

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9. Challenging Compliance

Any customer of Toronto Hydro Energy Services Inc. may challenge Toronto Hydro Energy Services Inc.'s compliance with this Privacy Policy by contacting Toronto Hydro Energy Services Inc.'s customer service representatives by any of the methods set out in Section 8 above. Toronto Hydro Energy Services Inc. will investigate and respond to customer complaints and questions. If the customer is not satisfied with the way Toronto Hydro Energy Services Inc.'s customer service representatives have responded to a complaint, the customer may address these concerns, in writing, to the Chief Privacy Officer at the address set forth in Section 1.

If the Chief Privacy Officer does not resolve the issue to the customer's satisfaction, the customer may contact the Privacy Commissioner of Canada.

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10. Toronto Hydro Energy Services Inc. Website

(a) Visiting the Toronto Hydro Energy Services Inc. Website
Toronto Hydro Energy Services Inc. may collect Personal Information that you voluntarily provide to us when you visit our Website. Personal Information provided by visitors to Toronto Hydro Energy Services Inc.'s Website will be collected, used and disclosed in the same manner as information collected by other means, and in a manner consistent with this Privacy Policy. Since this Privacy Policy may be amended from time to time, we recommend that you check the latest version of our Privacy Policy each time you visit our Website.

(b) Security
Personal Information submitted through Toronto Hydro Energy Services Inc.'s Website will be encrypted using 128 bit technology to help protect it and facilitate its arrival unread and unaltered at Toronto Hydro Energy Services Inc.'s servers. However, users should be aware that Personal Information could be intercepted over the Internet. Toronto Hydro Energy Services Inc. is not responsible for the interception, collection, use or alteration of information transmitted over the Internet, such as by e-mail.

(c) Automatic Data Collection
As is the case with Websites generally, when visitors access the Toronto Hydro Energy Services Inc. Website, the site software automatically collects the internet protocol (IP) address of the computer through which the user is connected to the Internet. The Toronto Hydro Energy Services Inc. Website also automatically collects information about the user's Internet browser software, operating system, the date and time of the user's visit, the URL of the last page visited by the user before entering the Toronto Hydro Corporation family of Websites, and the pages accessed while on our site. This information is not used to gain Personal Information on individual users but is aggregated with that of other visitors to help us understand how the site is being used and how to make it better.

(d) Cookies
When a visitor accesses the Toronto Hydro Energy Services Inc. Website, a cookie is automatically installed on the visitor's computer hard-drive. A cookie is a small text file that contains a unique identification number, which can be used to identify the user's browser, but not the user. Cookies form an essential part of the Internet today by allowing servers to recognize users' browsers when the users return to previously visited Websites. Since cookies are only text files, they cannot "run" on your computer and have no ability to search your computer for information or to transmit information to anyone. Toronto Hydro Energy Services Inc. uses cookies to provide certain features on its Website. We do not use cookies to retain Personal Information. Users are free to prevent the installation of cookies on their computer hard-drive, including the Toronto Hydro Energy Services Inc. cookie, by simply disabling the feature in their browser's options. Some browsers allow users to accept or reject cookies as they are presented to the user. Please note that users will not be able to access some features and services of the Toronto Hydro Energy Services Inc. Website if they disable cookies.

(e) E-Mail Communications
Toronto Hydro Energy Services Inc. adheres to a no "spam" policy. Therefore, you will not receive regular, unsolicited e-mail communications from Toronto Hydro Energy Services Inc. unless you have agreed otherwise or such communications are required for the purposes identified in Section 2 above or to otherwise provide a product, service or information to you that you have requested.

Please note that Toronto Hydro Energy Services Inc. reserves the right to contact you, by e-mail or otherwise, if permitted or required by law or regulatory authorities or if there has been a violation of Toronto Hydro Energy Services Inc.'s Website Terms of Use.

(f) Response Tracking
Toronto Hydro Energy Services Inc. uses Website usage information about visitors to our Website who have responded to a promotional campaign about Toronto Hydro Energy Services Inc.'s services for the purpose of future promotional campaigns, and evaluating usage statistics. For this purpose, we collect information about the campaigns and some of the pages you visit on our Website through the use of tracking numbers passed through URL's transferred to our servers as well as pixels tags (also known as clear GIFs).

As well, Toronto Hydro Energy Services Inc. may use third-party companies to host and serve online advertisements for Toronto Hydro Energy Services Inc. promotional campaigns. Pixel tags may be used in connection with online advertisements, for example, to allow us to count the number of times the advertisement was viewed versus the number of individuals who enrolled in the product or service advertised.

Personal information about you is not collected by any such third-party companies, nor is any tracking information generated from the pixel tag used by them for any other purpose than to report advertising response and Website activity to us.

(g) Links to Third-Party Sites
Toronto Hydro Energy Services Inc.'s Website contains links to third-party Websites. Toronto Hydro Energy Services Inc. is not responsible for (a) any information you provide to Websites that you access through a link on our Website or (b) the privacy practices or the content of such Websites.

(h) Questions
Questions about Personal Information collected through Toronto Hydro Energy Services Inc.'s Website should be submitted through www.THenergyservices.com/myprivacy, and will be addressed in accordance with this Privacy Policy.

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*Toronto Hydro Energy Services Inc., a wholly-owned subsidiary of Toronto Hydro Corporation, operating at arm's length and is a separate but affiliated company to Toronto Hydro-Electric System Limited, Toronto Hydro Telecom Inc. and Toronto Hydro Street Lighting Inc.