CANADIAN PRIVACY STANDARD
The Personal Information Protection and Electronic Documents Act ("PIPEDA") imposes requirements regarding the collection, use, and disclosure of personal information in relation to our commercial activities, as does private-sector privacy legislation in Quebec, Alberta and British Columbia.
This Canadian Policy applies to all personal information about you that we collect, hold, use and disclose, regardless of the way in which we collect it (i.e. whether through a site or otherwise).
Under federal Canadian privacy laws (and in this Canadian Policy), personal information is generally any information about an identifiable individual. It may include your name, age, mailing address, residential phone number, or e-mail address, and personal history, including income, financial, credit, and family information, billing history, and information concerning your purchases with our companies. The term, personal information, does not include your name, business title, business address, or business telephone number in your capacity as an employee of an organization or enterprise.
COLLECTION OF PERSONAL INFORMATION
We collect personal information from correspondence, product registration cards, surveys, faxes, e-mails, telephone inquiries, web forms, and other means of communication. We collect such information when you order or agree to purchase or avail yourself of goods or services, and other lawful purposes. We often collect personal information from you or from third parties and as agents on behalf of third parties, where we have obtained the requisite consent to do so or as otherwise permitted by law. Third parties include, as examples, organizations for whom we provide services to you or on your behalf, organizations that perform outsourcing and other services for us.
HOW WE USE PERSONAL INFORMATION
As a general matter, we collect your personal information primarily to provide goods and/or services to and for you, for administrative or management requirements, and to enhance our relationship with customers. We identify additional purposes for which we use your personal information at the time we collect such information from you and obtain the requisite consent, unless otherwise permitted by law, prior to such other use. We may also use your personal information as otherwise permitted by law.
We generally hold, collect, use and disclose your personal information for the following purposes.
1. With respect to customers and other past, present, or potential users of our goods or services, we collect, use and disclose your personal information for the following purposes.
(i) Recording and using the information relevant to the provision of goods and/or services to you or on your behalf;
(ii) Recording and determining goods and/or services provided to you or on your behalf in your relationship with us;
(iii) Administration, billing, accounting and collection in relation to your business and relationship with us;
(iv) Protecting against fraud and error;
(v) Communicating with you generally or to ensure your satisfaction;
(vi) Communicating the information to a advertising agency or subcontractor (or other agents or intermediaries) in the course of a contract or mandate for the performance of any of the purposes listed above;
(vii) Fulfilling orders from you or on your behalf;
(viii) Fulfilling the terms of a warranty or other contractual obligation; and
(ix) Facilitating recalls or service campaigns if necessary.
(x) Providing you notices, promotions, new product brochures, and solicitations regarding the Site and the products and services of our businesses and those of our affiliates, business partners, or authorized dealers;
2. With respect to our divisions, subsidiaries, and affiliates, we keep a file and collect, use, and disclose the information in it for the following purposes.
(i) Providing products and/or services to you or on your behalf:
(ii) Establish, manage or terminate an employment relationship:
(iii) Administrative or management requirements related to our provision of products;
(iv) Servicing, building and maintaining our relationship and expertise;
(v) Communicating with you generally, or to ensure your satisfaction, or to inform you of the development of, or other information regarding, products and/or services; and
(vi) Communicating to our advertising agencies, sub-contractors (or other agents or intermediaries) any of your personal information in the course of the performance of a contract or mandate for the execution of any of the purposes mentioned above.
See the paragraph below titled "Limitations" for more information about what we do not do with your personal information.
SHARING YOUR PERSONAL INFORMATION
We identify to whom, and for what purposes, we disclose your personal information. For example, we may disclose your personal information:
1. For the specific purposes declared (or not limited by) the section below titled "Limitations");
2. To any of our offices or facilities in connection with the provision of goods and/or services to or on behalf of our customers, to establish, manage or terminate an employment relationship, and for administrative or management requirements, including analysis of relevant products, services, and markets;
3. To professional firms, government agencies, and any other organizations or enterprises, when required for services to and for customers, as well as for compliance and insurance obligations;
4. To third-party service providers with whom we have a contractual agreement and who have comparable levels of privacy protection, for the processing related to goods and services provided to, or on behalf of, customers, to establish, manage, and terminate an employment relationship, and for administrative or management requirements (such as, in all cases, for photocopying, printing and faxing, shredding, storage and other document management, payroll, information technology, including software maintenance, consulting and staffing services, collections, warranty tracking, accounting, and legal compliance);
5. To such persons for which you provide your consent; and
6. As otherwise permitted by law.
When supplementary disclosure is required, we will identify (at the time we collect such information from you and obtain the requisite consent to such disclosure, unless otherwise permitted by law) the other persons, organizations, and/or enterprises and the other purposes to whom and for which disclosure may occur.
Except when otherwise permitted by law, we obtain the requisite consent prior to collecting and, in any case, prior to using or disclosing your personal information for any purpose. You may provide your consent to us orally, in writing, by electronic communication, or any other means reasonably capable of conveying your consent. We will obtain your express consent if we collect, use or disclose sensitive information. Your consent may also be intrinsic to the circumstances such as in the case where you have already provided personal information to us and you maintain your relationship with us or where you provide our representatives with your phone number so that we can contact you. Except when otherwise permitted by law, we will only use the information for the purpose for which it was given. From time to time, we may collect, utilize, or disclose your personal information based on your consent and as otherwise permitted by law.
When your consent is required, you can withdraw consent at any time (unless withdrawing the consent would frustrate the performance of legal obligations) upon providing to us a 30-day notice. However, the withdrawal of your consent may adversely affect our ability to provide products and services to you and to maintain our relationship.
In certain circumstances, as permitted or required by law, we may collect, use, or disclose personal information without your knowledge or consent. These circumstances include (where applicable) information about individuals that is publicly available, where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way, to investigate a breach or a contravention of a law, to comply with a subpoena, warrant, court order, or as required or otherwise permitted by law.
We remain responsible for all personal information communicated to third parties for processing. As such, we ensure that third parties that are engaged to provide products or services on our behalf and are provided with personal information are required to observe the intent of this Canadian Policy by having comparable levels of security protection or, when required, by assuring us (through a confidentiality agreement) that they will not use or disclosure the personal information for any purpose other than the purpose for which the personal information was communicated.
We only collect the personal information necessary to fulfill the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law.
We do not use or disclose your personal information, except for the purposes for which it was collected, or new purposes to which you have consented, or as required or otherwise permitted by applicable law.
We do not, as a condition of supplying goods or services to you or on your behalf, or as an administrative or management requirement, require consent to the collection, use or disclosure of personal information beyond that reasonably required for such purposes, or to comply with its obligations under applicable law.
RETENTION OF PERSONAL INFORMATION
We may keep a record of your personal information, including correspondence or comments, in the applicable file specific to you. We will utilize, disclose, or retain your personal information for as long as necessary to fulfill the purposes for which it was collected and for legal or business requirements. We will establish minimum and maximum retention periods and procedures for maintaining and destroying your personal information. When personal information is retained to make a decision about you, we will retain such information for one year.
ACCESS TO YOUR PERSONAL INFORMATION
Subject to the exceptions provided by the applicable law, we will make available to you any specific personal information about you that we have collected, utilized or disclosed, upon your written request. We will make such information available to you in a form that is generally understandable, including explaining any abbreviations or codes and using an alternative format, if required. Simply send your request for access to the Privacy Officer listed below. Please be as specific as possible in your request so that we can meet the applicable time lines.
We will use reasonable efforts to ensure that your personal information is kept as accurate, complete, and up-to-date as possible. We will not routinely update your personal information, unless such a process is necessary. In order to help us maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to us.
You can at any time, challenge the accuracy or completeness of the personal information we have about you, subject to the exceptions provided by applicable law. If you successfully demonstrate that the personal information we have on you is inaccurate or incomplete, we will amend the personal information as required. Where appropriate, we will transmit the amended information to third parties to whom we have communicated your personal information.
We will make every reasonable effort to respond to each of your written requests not later than 30 days after receipt of such requests. When applicable, we will advise you in writing if we cannot meet your requests within this time limit. When applicable, you have the right to make a complaint to the appropriate privacy commission with respect to this time limit.
We expect to provide access without charge as a general matter. However, we reserve the right to collect a reasonable charge when you request the transcription, reproduction, or transmission of such information. We will notify you, following your request for transcription, reproduction, or transmission, of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request.
IDENTIFICATION IN CONNECTION WITH REQUESTS
We may require that you provide us with sufficient identification of your identify before we provide information about the existence, use, or disclosure of your personal information in our possession. Any such information shall be used only for this purpose.
We use security safeguards appropriate to the sensitivity of personal information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. These safeguards include physical measures, such as restricted access to offices and equipment, organizational measures, such as security clearances, and publishing this policy to appropriate personnel with instructions to act in accordance with its principles (for example, limiting access on a "need to know" basis), and technological measures, such as the use of passwords and/or encryption.