(the “Company”, “we”, “us” or “our”)
All organizations engaged in “commercial activities” must comply with the Personal Information Protection & Electronic Documents Act (Canada) (“PIPEDA”). PIPEDA requires organizations to comply with a series of rules based on principles. PIPEDA gives you rights.
Specifically, “Personal Information” is information, in any form, that could identify you as an individual through the use of that Personal Information alone or in combination with other available Personal Information. It can include, among other things, your characteristics, activities, opinions, evaluations and views, age, income, family status, education, medical and health history and conditions, goods or services purchased or received, criminal history, employment history, financial information and any identifying number, mailing address, e-mail address, phone number, credit card information and billing or service records.
However, if our independent contractors and agents (including advertisers and suppliers) ask you for Personal Information, and they are not asking on our behalf, and you provide Personal Information (a) we cannot be held liable for the collection, use, and disclosure of your Personal Information by such independent contractors and agents, (b) we cannot assume responsibility for their privacy practices or policies and their actions or inactions and (c) you should review the privacy policies of such parties before providing them with any Personal Information.
There are some exceptions in PIPEDA and at law as to what might otherwise ordinarily be considered Personal Information or commercial activity. The collection, use, and disclosure of Personal Information for employment purposes is not considered a “commercial activity”, and PIPEDA does not apply to it. When certain Personal Information, such as your name, address, telephone number, and e-mail address, is listed in a public directory, it is not protected by PIPEDA. Your business contact information such as name, title, business address, telephone number, and business e-mail address used in relation to your employment or business is also exempt. Information about you, but which could not identify you as an individual (such as de-identified information) is not Personal Information.
We recognize the importance of privacy of Personal Information. We are committed to responsibly and lawfully collecting, using, disclosing, protecting, retaining, and disposing of any Personal Information we receive in accordance with PIPEDA and at law.
We use your Personal Information to provide you with our products and services. We may also use your Personal Information to (a) establish and maintain commercial relations with you and to provide ongoing products or services, (b) try to understand the needs and preferences of you and determine your eligibility for products and services, (c) recommend products and services to meet your needs, (d) develop, enhance, market or provide products and services, (e) manage and build business operations or (f) meet our legal and regulatory requirements.
If we identify a new purpose for the use of Personal Information, we will obtain your consent (if required by PIPEDA and law) to use that Personal Information for the new purpose before we so use that Personal Information.
Whether or not we need your consent and how we obtain your consent to the collection, use, and disclosure of your Personal Information, depends on the type of Personal Information and the particular circumstances.
We do not need your consent to use your Personal Information if we are first “de-identify” or “anonymize” your Personal Information so that you cannot be identified as an individual. For example, we may use that de-identified or anonymized information to improve our operations, provide social benefits, and to develop analytic marketing reports for our internal and external use.
Sometimes it may be impossible or inappropriate to obtain your consent. In those cases, we may collect, use or disclose your information without your consent such as (a) it is clearly in your interests and consent cannot be obtained in a timely way such as a medical emergency or a threat to your safety, (b) to comply with a warrant or other court order, (c) to collect a debt, (d) to investigate the breach of an agreement or applicable law, (e) it was produced by you in the course of your employment, business or profession and our collection, use and disclosure is consistent with the purposes for which that Personal Information was produced and (f) as otherwise legally required or allowed under PIPEDA and at law.
When it is reasonable in the circumstances or the Personal Information is not sensitive, we are permitted to and will imply consent from your actions. For example, if you give us your mailing or e-mail address, we may use it to send you newsletters, updates, marketing and promotions, bills, or other notices related to our products and services on the basis that your consent can be reasonably implied. Or, for example, when you sign up as a user with us or a customer of us, we rely on implied consent to track your service usage for the purpose of billing you (as applicable).
In other situations, we may need your express consent. For example, we would request your express consent before using your Personal Information to perform a credit check or, for example, we would request your express consent before using your Personal Information to enable individual location-based marketing for a third-party. “Express consent” is when you explicitly consent verbally, by signing a document, clicking or “ticking” a button or box or performing a similar act demonstrating your consent, whether by phone, e-mail, text, on our websites, mobile applications, social media accounts or the like.
We may disclose your Personal Information:
For any disclosure of your Personal Information other than described above, if your implied consent or express consent (as applicable) is required, we will request and need to obtain your implied consent or express consent (as applicable) before so disclosing your Personal Information.
Our collection of Personal Information will be limited to that which is necessary to fulfill the purposes which were identified. Our collection of Personal Information will also be by fair and lawful means.
We may not use or disclose Personal Information for purposes other than for which it was collected except with your consent (implied or express, as applicable) or where your consent is not required, in certain circumstances listed in PIPEDA or as required by law.
We will retain your Personal Information only as long as necessary to fulfill its purpose or as required by law.
Personal Information that is no longer required to fulfill its identified purpose will be destroyed, erased, de-identified or anonymized, at our option.
We will try to ensure that Personal Information under our control is accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used so as to minimize the risk that incorrect information is being used in relation to you. As described below, you may contact us to challenge the accuracy and completeness of, or ask us to update, your Personal Information, and have it changed as appropriate.
We will protect Personal Information under our control by using technical and operational security safeguards appropriate in the circumstances, taking into account the sensitivity of the Personal Information. The safeguards will protect against loss and theft, unauthorized access, use, disclosure, copying, or modification. Our officials, employees, independent contractors, and agents with access to Personal Information are required to respect the confidentiality of Personal Information. Personal Information we disclose to third parties may also be governed by protections in contracts we may have with them.
Sometimes. But your Personal Information is only provided to our suppliers and authorized agents operating outside of Canada in accordance with safeguards no less rigorous than those that we apply in Canada. Personal Information processed outside of Canada may only be used by such third parties for the purposes we set. Your Personal Information may also be subject to the legal jurisdiction of those foreign countries and also their privacy laws.
We will make readily available you information about our policies and procedures relating to our management of Personal Information.
You can withdraw your consent or “opt-out” of the collection, use, or disclosure of your Personal Information, including where your Personal Information is being used for marketing purposes. But where your Personal Information is reasonably necessary to provide you with the products or services you requested or the operation of our business with respect to you, you cannot continue to use the products or services or our business offerings and withdraw your consent or “opt-out” of the collection, use, and disclosure of your Personal Information because it is a condition of service. To entirely stop the collection, use, and disclosure of your Personal Information, you must terminate the usage by you of our products and services and business offerings.
You can visit parts of our websites, mobile applications, and social media accounts without giving us any Personal Information. However, sometimes we need Personal Information to provide products and services
If you have subscribed to any mailing or other list, and you want to be removed, please contact us to do so or select that option from the mailing or other list. You may be asked to provide certain Personal Information to confirm your identity for us to verify it is you who is asking to be removed.
Due to the nature of the internet, e-mail, text and other messaging, social medial, and the like, no data transmission is fully secure. Please be aware of this before you send us any Personal Information in any way including any of the foregoing as we cannot and do not guarantee that (and will not be liable for) any Personal Information will not be intercepted and/or misused.
Our websites, mobile applications, and social media accounts may, from time to time, contain links to other websites, mobile applications, and social media accounts that may collect, use and disclose your Personal Information. We do not assume any responsibility for their privacy practices or policies, and cannot be held liable for the actions or inaction of those third parties. You should review the privacy policies of such parties before providing them with any Personal Information.
By contacting us in writing at:
5140 Yonge Street, Suite 2100, Toronto, ON M2N 6L7
We will inform you of the existence, use and disclosure of your Personal Information and provide you with access to that Personal Information (within a reasonable period of time after receiving your request) and you may challenge the accuracy and completeness of, or ask us to update, your Personal Information and have it changed as appropriate. Except we may not so inform you, provide you with such access or update your Personal Information in the case of (a) information that that is prohibitively costly to provide, (b) contains references to other individuals, (c) cannot be disclosed for legal, security or commercial proprietary reasons or (d) is subject to solicitor-client privilege. In any such case, we will advise you of the reason why we cannot.
If we cannot resolve your concern to your satisfaction, you can contact:
Office of the Privacy Commissioner of Canada
30 Victoria Street, Gatineau, Quebec, K1A 1H3