CARS PRIVACY STATEMENT
CARS
(THE "CENTRE")
PRIVACY STATEMENT
DATE OF ISSUE: January, 2006
PREAMBLE:
This Privacy Statement is a simplified version of the privacy policy adopted
by the Centre.
To review the Centre’s full Privacy Policy and the Terms of Use of the
Centre’s Website, click on PRIVACY POLICY/TERMS OF USE at www.cars-council.ca
(“the Centre’s Privacy Policy/Terms of Use”).
The privacy principles hereinafter set out are based on the Personal Information
Protection and Electronic Documents Act (Canada) (the “Act”).
THE CENTRE’S COMMITMENT TO PRIVACY - THE CENTRE:
- values its relationship with the users of its website (“the Centre’s
Website”) and is committed to the protection of their personal information
(“Personal Information”);
- adheres to the 10 fundamental privacy principles set out below (the “Privacy
Principles”). The commentary is provided to assist users in understanding
the application of the Privacy Principles; and,
- is committed to controlling the collection, use and disclosure of Personal
Information to ensure the accuracy, confidentiality and integrity of Personal
Information.
WHAT IS PERSONAL INFORMATION?
Personal information is collected by the Centre only when you specifically
and knowingly choose to provide it to the Centre.
“Personal Information” means information about an “identifiable
individual”, such as your name, residential address and e-mail address
and may include information about your education, employment, training, training
evaluation results/scores, subscriptions, website usage, credit information,
billing information and records and Personal Information obtained from the Centre’s
business partners and other third parties, provided that such third parties
confirm to the Centre that they have obtained the proper consent to the disclosure
of Personal Information.
Personal Information does not include publicly available information, the
name, title, business address or telephone number of an employee of an organization,
“anonymous” or “non-personal” information gathered by
the Centre through the Centre’s Website or links thereto, which may be
used for technical, research and analytical purposes, and information collected
through surveys, existing files and public archives, all of which may be used
by the Centre to analyze training and other needs in the Canadian automotive
industry (“the Industry”) and to develop or enhance the services
offered by the Centre.
THE COLLECTION AND USE OF PERSONAL INFORMATION:
The Centre will seek your prior consent to the collection, use and disclosure
of Personal Information as required by applicable privacy legislation.
Your Personal Information will not be used for any other purpose without your
consent.
Subject to legal and contractual requirements, you can refuse to consent to
the Centre’s collection, use or disclosure of Personal Information.
You may also withdraw your consent to any further collection, use or disclosure
of your Personal Information at any time by giving the Centre reasonable written
notice.
If the Centre’s intended use or disclosure of Personal Information changes,
the Centre will notify you accordingly, by e-mail or otherwise.
You have the option to advise the Centre not to share Personal Information,
or to be excluded from offers for other the Centre services or to revoke any
consent previously provided. Failure to provide the Centre with the necessary
consents may, however, restrict your use of certain of the Centre’s Website
and other services.
The Centre may share Personal Information with selected third parties who
are acting on its behalf as its agents, suppliers or service providers. Such
third party service providers are provided only with such Personal Information
as is necessary in the circumstances. Personal Information provided to third
parties may be used only for the purpose stipulated and is subject to strict
terms of confidentiality.
DISCLOSURE: Unless you specifically authorize the Centre
to release Personal Information by accepting the Centre’s Privacy Policy/Terms
of Use or otherwise, or the release of Personal Information is required or permitted
by law, the Centre will not disclose Personal Information to other third parties.
USE OF COOKIES: The Centre uses a browser feature called
a “cookie” to collect information anonymously and track user patterns
on the Centre’s Website. A cookie is a small text file that is placed
on your hard disk by a website. “Cookies” contain a unique identification
number that identifies your browser, but not you, to the Centre’s computers
each time you visit one of these websites. The use of cookies is an industry
standard and many major browsers are initially set up to accept them. You can
reset your browser to either refuse to accept all cookies or to notify you when
you have received a cookie. However, if you refuse to accept cookies, you may
not be able to use some of the features available on the Centre’s Website.
ACCURACY:
The Centre will use it best efforts to ensure that Personal Information about
you is accurate, complete and up-to-date. It is your responsibility to inform
the Centre immediately of any change of name, address or other Personal Information.
In the event you have questions about the accuracy of Personal Information
that the Centre has collected about you, you will have access to that Personal
Information in order to verify and update it.
If the Centre has disclosed inaccurate Personal Information about you to a
third party, the Centre will be pleased to immediately contact the third party
in order to correct any such inaccuracy.
SECURITY:
The Centre is committed to protecting your privacy. Security measures, such
as locked filing cabinets, restricted access and the use of user names, passwords,
firewalls and encryption have been adopted to protect your Personal Information
against loss or theft, as well as unauthorized access, disclosure, copying,
use or modification.
The Centre employees have been trained to respect your privacy at all times,
and those employees with access to your Personal Information shall use your
Personal Information strictly in accordance with the Privacy Principles and
the laws applicable to each specific business.
ACCESS:
If you have any questions about the collection, use or disclosure of your
Personal Information or if you simply want to know whether the Centre has any
of your Personal Information on file, you may contact the Centre’s Privacy
Officer by e-mail at: centre@cars-council.ca, or in writing at:
Attention: Privacy Officer
C.C.A.I.D.L.
9120 Leslie Street
Richmond Hill, Ontario L4B 3J9
The Centre will respond to your requests for access in accordance with applicable
privacy legislation.
Except in limited circumstances, as specifically provided by applicable privacy
legislation, the Centre can tell you whether it holds Personal Information about
you, the source of the Personal Information, allow you access to your Personal
Information and provide an accounting of the use that has been made or is being
made of this Personal Information and the third parties to which it has been
disclosed.
The Centre will only refuse you access to Personal Information about you in
those circumstances permitted or required by applicable privacy legislation.
If the Centre refuses you access to your Personal Information, it will provide
you with the reasons for its refusal upon request. Exceptions may include information
that contains references to other individuals, information that cannot be disclosed
for legal, security or commercial proprietary reasons, and information that
is subject to solicitor-client or litigation privilege.
QUESTIONS OR CONCERNS:
If you have any questions or concerns regarding the Personal Information about
you held by the Centre or about the compliance by the Centre with the Privacy
Principles, please contact the Centre’s Privacy Officer, as set out above.
The Centre has procedures in place to receive and respond to complaints or
inquiries about its handling of Personal Information and will describe the complaint
procedures to anyone who makes inquiries or lodges complaints.
If you are not satisfied with the response from the Centre’s Privacy Officer
after making a complaint, you may have recourse to additional remedies under
applicable privacy legislation. For further information, please contact the
federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.
TEN BASIC PRIVACY PRINCIPLES
(WITH THE CENTRE’S COMMENTARY THEREON):
Principle #1 - Accountability: The Centre is responsible for
all Personal Information under its control and shall designate one or more individuals
who shall be accountable for the Centre’s compliance with the procedures
and Privacy Principles set out in the Centre’s Privacy Statement and the
Centre’s Privacy Policy/Terms of Use. The Centre’s Privacy Officer
is responsible for the administration of the Privacy Principles even though
other individuals within the Centre’s organization have responsibility
for the day-to-day collection and processing of Personal Information.
Principle #2 - Identifying Purposes: The Centre will identify
to you the purposes for which the Centre collects, uses, or discloses Personal
Information at or before the time of collection. The Centre will communicate
the purposes for which Personal Information will be used to the individual from
whom the Personal Information is collected, either at the time of collection
or after collection, but before its use. These purposes will be limited to those
which are related to the Centre’s business and which a reasonable person
would consider are appropriate in the circumstances and include: better understanding
your needs and advising you of the Centre’s services and programs in the
Industry; the use of anonymous or “non-personal” information gathered
by the Centre through its website for technical, research and analytical purposes;
the use of information collected (through surveys, existing files and public
archives) by the Centre to analyze its market and to develop or enhance the
services it is offering to the Industry; evaluation of the Centre’s services
and programs; establishing communication with you; providing you with information
as to available services in the Industry and related thereto; training; training/skills
evaluations; conducting market research and surveys; and, for other purposes
in furtherance of the Centre’s Objects. If the Centre plans to use Personal
Information collected for a purpose not previously identified or referred to
in the Centre’s Privacy Policy/Terms of Use, the Centre will identify
this purpose and communicate it to you before such use and obtain your consent
to such use.
Principle #3 - Consent: Personal Information will only be collected,
used or disclosed with the knowledge and consent of the individual, except where
inappropriate. The way in which the Centre seeks consent is by having you agree
to the Centre’s Privacy Policy/Terms of Use found on the Centre’s
Website. The Centre may request further consents for the collection and disclosure
of additional Personal Information by e-mail notice or otherwise in the future.
Subject to legal and contractual restrictions and on reasonable notice, an individual
can withdraw consent at any time. The Centre will inform individuals of any
implications of withdrawing consent. The Centre will usually seek consent for
the use and/or disclosure of Personal Information at the time of collection
of the Personal Information or registration for its’ website use. In certain
circumstances, consent may be sought after the Personal Information has been
collected, but before use (such as where the Centre wants to use Personal Information
for a purpose not previously identified). The Centre will not, as a condition
of the supply of services, require any individual to consent to the collection,
use, or disclosure of Personal Information beyond that required to fulfill the
explicitly specified and legitimate purposes. In certain circumstances, as permitted
or required by law, the Centre may collect, use or disclose Personal Information
without the knowledge or consent of the individual. These circumstances include:
Personal Information which is subject to solicitor-client privilege or is publicly
available as defined by regulation; 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 of an agreement or a contravention of a law; to act
in respect to an emergency that threatens the life, health or security of an
individual; for debt collection; or, to comply with a subpoena, warrant or court
order.
Principle #4 - Limiting Collection: The Centre will limit
the amount and type of Personal Information collected to that which is necessary
for the Centre’s identified purposes, and the Centre will only collect
Personal Information by fair and lawful means.
Principle #5 - Limiting Use, Disclosure and Retention: 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 to fulfill
the identified purposes. Personal Information which has been used to make a
decision about an individual will be retained long enough to allow the individual
access to the Personal Information after the decision has been made and, in
the event of an access request or a challenge, long enough to exhaust any recourse
an individual may have under the law. Where Personal Information is no longer
required to fulfill the identified purposes, it will be destroyed, erased or
made anonymous. The Centre may share Personal Information with third parties
who are contracted to complete research, administrative services or work on
a the Centre Project. In such cases, the Privacy Principles will bind the third
party(s).
Principle #6 - Safeguards: The Centre will protect Personal
Information with safeguards appropriate to the sensitivity of such information.
The Centre’s safeguards will protect Personal Information against loss
or theft, as well as unauthorized access, disclosure, copying, use or modification,
regardless of the format in which the Personal Information is held. The Centre
will make its employees aware of the importance of maintaining the confidentiality
of Personal Information, and will exercise care in the disposal or destruction
of Personal Information to prevent unauthorized parties from gaining access
to the Personal Information. The Centre’s methods of protection will include
physical measures (for example, locked filing cabinets and restricted access
to offices),organizational measures (for example, limiting access to Personal
Information on a “need-to-know” basis), and technological measures
(for example, the use of user names, passwords and encryption).
Principle #7 - Openness: The Centre will make available specific
information about the Centre’s policies and practices relating to the
management of Personal Information. The information the Centre will make available
will include: how to gain access to your Personal Information; the type of Personal
Information in the Centre’s files/data base, including a general history
of its use by the Centre; information on the Centre’s Privacy Policy/Terms
of Use and policies in regard thereto; the type of Personal Information made
available by the Centre to related companies; and, how to contact the Centre’s
Privacy Officer; and, the procedure to use in the event you wish to make a complaint
about the Centre’s privacy practices.
Principle #8 - Accuracy: The Centre will use its best efforts
to ensure that Personal Information is as accurate, complete and as up-to-date
as is necessary for the purposes for which it is to be used. The Centre will
use its best efforts to ensure that Personal Information that is used on an
ongoing basis, including information that is disclosed to third parties and
information that is used to make a decision about an individual, is accurate,
complete, and up-to-date.
Principle #9 - Individual Access: Upon written request, the
Centre will inform an individual of the existence, use and disclosure history
of his or her Personal Information and, if permitted by applicable privacy legislation,
the Centre will give the individual access to the specific Personal Information
requested. An individual may challenge the accuracy and completeness of his
or her Personal Information in the Centre’s possession and have it amended
as appropriate. The Centre will respond to an individual’s written request
within a reasonable time (generally within 30 days). The Centre will assist
any individual who informs the Centre that they need assistance in preparing
a request. The Centre may require an individual to provide sufficient information
to permit it to provide an account of the existence, use and disclosure of Personal
Information. In providing an account of third parties to which the Centre may
have disclosed Personal Information about an individual, the Centre will attempt
to be as specific as possible. When it is not possible to provide a list of
the organizations to which it has actually disclosed Personal Information, the
Centre will provide a list of organizations to which the Centre may have disclosed
the Personal Information. If an individual successfully demonstrates the inaccuracy
or incompleteness of Personal Information, the Centre will amend the Personal
Information as required. If a challenge is not resolved to the satisfaction
of the individual, the Centre will record in its records the substance of the
unresolved challenge. Where appropriate, the amended Personal Information or
the existence of the unresolved challenge, as the case may be, will be transmitted
to third parties having access to the Personal Information in question. In certain
situations, the Centre may refuse a request or not be able to provide access
to all the Personal Information held about an individual. Exceptions to the
access requirement will be limited and specific, as permitted or required by
law, and may include: information that contains references to other individuals
or contains confidential commercial information, where such information cannot
be severed from the record; information collected in the course of investigating
a breach of an agreement or in the course of a formal dispute resolution process;
and information that is subject to solicitor-client privilege. Where permitted,
the reasons for denying access will be provided to the individual upon request.
Principle #10 - Challenging Compliance: Any individual can
direct a challenge concerning the Centre’s compliance with any of the
Privacy Principles to its Privacy Officer. The Centre will actively investigate
all written complaints. If the Centre finds a complaint to be justified, the
Centre will immediately take all appropriate measures to remedy any such complaint,
including, if necessary, amending its policies and practices.