This Policy describes
101-2428's collection, use and/or
disclosure of personal information.
It governs the behavior of employees and agents acting on 101-2428’s
behalf when dealing with personal information. It provides procedures for an
individual’s access to and correction of personal information.
Personal information includes information about an identifiable individual,
presented in any form, such as: age, name, ID number(s), income, ethnic
origin, opinions, evaluations, social status, disciplinary actions, credit
records, loan records, medical records.
Personal information does not include the name, title, address and telephone
number of an employee of an organization.
101-2428's Privacy Policy is enacted pursuant to the Personal
Information Protection and Electronic Documents Act§.
This 101-2428 Privacy Policy is organized along ten privacy principles§§,
which are:
101-2428 is responsible for personal information under its control and will designate an individual or individuals who are accountable for the organization’s compliance with the following principles.
1.1 Accountability for 101-2428's compliance with the principles rests with the senior management of 101-2428 nd the person or persons designated by senior management as Privacy Officer, even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of senior management or the Privacy Officer.
1.2 101-2428 ’s
senior management has designated the following person to act as Privacy Officer
to oversee the organization’s compliance with the
principles:
Attention:
101-2428 c/o Privacy
Officer
P.O. Box 48630
Stn. Bentall Centre
Vancouver, B.C.
V7X 1A3
1.3 101-2428 is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. 101-2428 will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
1.4 101-2428 will implement policies and practices to give effect to the principles, including:
(a) implementing procedures to protect personal information;
(b) establishing procedures to receive and respond to complaints and inquiries;
(c) training staff and communicating to staff information about 101-2428's policies and practices; and
(d) developing information to explain 101-2428's policies and procedures.
101-2428 will identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 101-2428 collects personal information only for the following purposes (“identified purposes”):
(a) to provide service(s) and/or products to its customers;
(b) to maintain commercial relations and to communicate with its customers (which will include, but not be limited to: billing, collection, advertising, promotion, account verification);
(c) to identify customer needs and/or preferences;
(d) to meet legal and regulatory requirements;
(e) to administer and manage its business operations
2.2 101-2428 will provide notice of the identified purposes either orally, electronically or in writing prior to or at the time of collection of the personal information.
2.3 Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at 101-2428 who will explain the purposes.
2.4 When
personal information that has been collected is to be used for a purpose not
previously identified, the new purpose will be identified prior to use. Unless
the new purpose is required by law, 101-2428 will obtain the consent
of the individual before information is used for that new purpose.
Occasionally, 101-2428 will communicate to you special bonus and
new product offers that we think may be of value to you. If you wish to opt-out
of receiving targeted communications from 101-2428 in electronic, printed
or verbal format (other than information included with your monthly bills),
simply inform us in writing at:
101-2428 c/o Privacy Officer
P.O. Box 48630
Stn. Bentall Centre
Vancouver, B.C.
V7X 1A3
The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
3.1 In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when there is an emergency threatening the individual’s life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available. Moreover, 101-2428 may provide personal information to its lawyer or agent to collect a debt, comply with a subpoena, warrant or other court order, government institution requesting the information upon lawful authority, or as may be otherwise required by law.
3.2 101-2428 will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when 101-2428 wants to use information for a purpose not previously identified).
3.3 101-2428 will make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes will be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3.4 101-2428 will not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified and legitimate purposes.
3.5 The
form of consent sought by 101-2428 may vary, depending upon the circumstances
and the type of information disclosed. In determining the form of consent
to use, 101-2428 will take into account the sensitivity of the information
and the reasonable expectations of the individual. An authorized representative
(such as a legal guardian or a person having power of attorney) can also give
consent.
101-2428 will seek express consent when the information is likely to
be considered sensitive.
Implied consent will generally be appropriate when the information
is less sensitive. The use of services or products by a customer or the
acceptance of employment by an employee will be considered implied consent
to collect, use and disclose personal information for all identified purposes.
3.6 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. 101-2428 will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to 101-2428 in writing.
3.7 With respect to personal information already collected by 101-2428 prior to the publication of this Privacy Policy, this Policy will constitute reasonable notice to 101-2428 ’s current customers and employees of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to 101-2428 in writing.
The collection of personal information will be limited to that which is necessary for the purposes identified by 101-2428. Information will be collected by fair and lawful means.
4.1 101-2428 collects personal information from its customers and employees for the purposes described under Principle #2.
4.2 101-2428 may also collect personal information from such third parties as credit bureaus, employers or personal references or other third parties that represent that they have the right to disclose the information.
4.3 In connection with its Internet business, 101-2428 may use a ‘Cookie’ to collect certain information which it uses to track user patterns on its web site(s). A Cookie is a text file containing a unique identification number that identifies a user’s browser, but not a particular individual. A Cookie does not identify an individual. Furthermore, 101-2428 does not use Cookies in combination with other information to obtain personally identifiable information. If an individual does not wish to use Cookies, he or she can re-set their browser to either provide notification or refuse to accept Cookies.
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.
5.1 101-2428
may collect, use or disclose personal
information without the individual’s knowledge or consent in certain circumstances as described
in Principle #3.1.
5.2 101-2428 may disclose a customer’s personal information to:
(a) another telecommunication company for the provision of telecommunications services to that customer;
(b) a company involved in providing communications directory services;
(c) a person involved in the development, promotion, marketing or enhancement of 101-2428 services;
(d) a credit collections agency;
(e) emergency services in an emergency situation;
(f) a person, who, in the reasonable estimation of 101-2428, is an agent of the customer;
(g) any other third party, upon receiving the consent of the customer or as required by law.
5.3 101-2428 may disclose an employee’s personal information in the following circumstances:
(a) in the administration of that employee’s benefits;
(b) in providing references to prospective employers, upon receiving the consent of the employee;
(c) as may be required by law.
5.4 Certain 101-2428 employees may be given access to customer and/or employee information in so far as their duties require access for business purposes. 101-2428 employees are governed by a non-disclosure agreement prohibiting disclosure or use of any confidential or personal information for any purposes other than the stated business purposes.
5.5 101-2428 will retain personal information for only as long as required to fulfil the identified purposes or as required by law.
5.6 Personal information that is no longer required to fulfil the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by 101-2428.
Personal information will be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 The extent to which personal information will be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
6.2 101-2428 will not routinely update personal information unless such a process is necessary to fulfil the purposes for which the information was collected.
6.3 Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.
PRINCIPLE #7 – SAFEGUARDS
Personal information will be protected by security safeguards appropriate to
the sensitivity of the information.
7.1 101-2428 will protect personal
information against loss or theft, as well as unauthorized access, disclosure,
copying, use, or modification. The nature of the safeguards will vary
depending on the sensitivity of the information that has been collected, the
amount, distribution and format of the information, and the method of storage.
7.2 101-2428 protects all personal information regardless of the format in which it is held. The methods of protection include:
(a) physical measures, such as locked filing cabinets and restricted access to offices;
(b) organizational measures, such as security clearances and limiting access on a “need to know” basis;
(c) technological measures, such as the use of passwords and encryption
7.3 101-2428 makes their employees aware of the importance of maintaining the confidentiality of personal information. 101-2428 employees are governed by a non-disclosure agreement prohibiting disclosure or use of any confidential or personal information for any purposes other than the stated business purposes.
7.4 101-2428
will use care in the disposal or destruction of personal information to prevent
unauthorized parties from gaining access to the information.
PRINCIPLE #8 – OPENNESS
101-2428 will make readily available to individuals specific information about its policies and practices relating to the management of personal information.
8.1 101-2428 will make its policies and practices with respect to the management of personal information easily comprehensible and accessible, by providing upon request:
(a) the name, title, and address of the Privacy Officer accountable for 101-2428's policies and practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by 101-2428; and
(c) a description of the type of information held by 101-2428 nd/or its subsidiaries, including a general account of its use.
8.2 101-2428 will make this Privacy Policy available online, by mail, or in a brochure format at its place of business. Furthermore, 101-2428's Customer Services Representatives will be trained to answer requests at 101-2428 ’s toll-free customer service telephone number.
PRINCIPLE #9 – INDIVIDUAL ACCESS
Upon request, an individual will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon request, 101-2428 will inform an individual whether or not the organization holds personal information about the individual, and will provide that individual with a reasonable opportunity to review the personal information in his or her file.
9.2 101-2428 will allow the individual access to his or her personal information once the individual has provided 101-2428 with a written request application. 101-2428 will make the application available to customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit 101-2428 to provide an account of the existence, use, and disclosure to any third parties of this personal information. 101-2428 will use the application only for this purpose.
9.3 101-2428 will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.
9.4 101-2428 will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, 101-2428 will provide a list of organizations to which it may have disclosed information about the individual.
9.5 In certain instances, 101-2428 will not be able to provide the individual access to his or her personal information. For example, 101-2428 will not provide access to information where the information requested is prohibitively costly to provide; where the information contains references to other individuals; where the information cannot be disclosed for legal, security or commercial proprietary reasons; where the information is subject to solicitor-client or litigation privilege; or where the information can best be available from another source (for example, through a medical practitioner). In each case, 101-2428 will provide reasons for denying any access to personal information.
9.6 When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, 101-2428 will amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
9.7 When
a challenge is not resolved to the satisfaction of the individual, 101-2428
will record the substance of the unresolved challenge. When appropriate,
the existence of the unresolved challenge will be transmitted to third parties
having access to the information in question.
PRINCIPLE #10 – CHALLENGING COMPLIANCE
An individual will be able to address a challenge concerning compliance with
the above principles to 101-2428's Privacy Officer.
10.1 101-2428 will maintain procedures to receive and respond to complaints or inquiries
about its policies and practices relating to the handling of personal information. 101-2428 will make every effort to ensure that its procedures are easily accessible
and simple to use.
10.2 101-2428 will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
10.3 The person or persons accountable for compliance with this Privacy Policy may seek external advice where appropriate before providing a final response to individual complaints.
10.4 101-2428 will investigate all complaints. If a complaint is found to be justified, 101-2428 will take appropriate measures, including, if necessary, amending its policies and practices.
§ The Personal
Information Protection and Electronic Documents Act governs the collection,
use and disclosure of personal information in the commercial sector.
§§ Under
the Act, 101-2428 is required to adhere to ten privacy principles set
out in the National Standard of Canada, Model Code for the Protection of
Personal Information.