Scope and Application
- a customer’s name, address, telephone number and e-mail address, when listed in a directory or available through directory assistance;
- an employee’s name, title, business address (including e-mail address) or business telephone or fax number; or
- other information about the customer or employee that is publicly available and is specified by regulation pursuant to the Personal Information Protection and Electronic Documents Act (Canada), the Personal Information Protection Act (Alberta) or other applicable legislation.
- Collection – means the act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.
- Consent – means a voluntary agreement to collect, use and disclose of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of RightLabs.com. Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.
- Customer – means an individual who uses, or applies to use, RightLabs.com products or services, where such individual is an individual carrying on business alone as a sole proprietorship or in partnership with other individuals.
- Disclosure – means making personal information available to a third party.
- Employee – means an employee of RightLabs.com.
- Personal information – means information about an identifiable customer or employee, but does not include aggregated information that cannot be associated with a specific individual. For a customer, such information includes a customer’s credit information, dependant information, medical information, and any personal preferences. For an employee, such information includes information found in personal employment files, performance appraisals, and medical and benefits information, but does not include the employee’s name, title, business address (including e-mail address) or business telephone or fax numbers.
- RightLabs – means RightLabs Inc. and its subsidiary companies, as they may exist from time to time.
- Third party – means an individual or organization outside RightLabs.com.
- Use – means the treatment, handling, and management of personal information by and within RightLabs.com.
RightLabs.com is responsible for personal information under its control and shall designate one or more persons who are accountable for RightLabs.com compliance with the following principles.
- RightLabs.com is responsible for personal information in its possession or control. RightLabs.com shall use appropriate means to provide a comparable level of protection while information is being processed by a third party (see Principle 7).
- Establishing procedures to receive and respond to inquiries or complaints;
- Training and communicating to staff about RightLabs.com policies and practices; and
- Developing public information to explain RightLabs.com policies and practices.
IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
RightLabs.com shall identify the purposes for which personal information is collected at or before the time the information is collected.
- RightLabs.com collects personal information for the following purposes:
- to process, assemble, organize and distribute through RightLabs.com software or services for clients of RightLabs.com;
- to establish and maintain responsible commercial relations with customers and to provide ongoing service;
- to understand customer needs and preferences;
- to develop, enhance, market or provide products and services;
- to manage and develop RightLabs.com business and operations, including personnel and employment matters;
- to meet legal and regulatory requirements; and
- for such other purposes as may be determined by RightLabs.com, acting reasonably, or is otherwise in compliance with the applicable legislation.
Further references to “identified purposes” mean the purposes identified in this Principle.
- RightLabs.com shall specify orally, electronically or in writing the identified purposes to the customer or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within RightLabs.com who shall explain the purposes.
- Unless required by law, RightLabs.com shall not use or disclose for any new purpose personal information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the customer or employee.
OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, RightLabs.com may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent can not be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated. RightLabs.com may also collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law. RightLabs.com may also use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened. RightLabs.com may disclose personal information without knowledge or consent to a lawyer representing RightLabs.com, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.
- In obtaining consent, RightLabs.com shall use reasonable efforts to ensure that a customer or employee is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer or employee.
- Generally, RightLabs.com shall seek consent to use and disclose personal information at the same time it collects the information. However, RightLabs.com may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.
- RightLabs.com will require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.
- In determining the appropriate form of consent, RightLabs.com shall take into account the sensitivity of the personal information and the reasonable expectations of its customers and employees.
- In general, the use of products and services by a customer, or the acceptance of employment or benefits by an employee, constitutes implied consent for RightLabs.com to collect, use and disclose personal information for all identified purposes.
- A customer or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers may contact RightLabs.com for more information regarding the implications of withdrawing consent.
LIMITING COLLECTION OF PERSONAL INFORMATION
RightLabs.com shall limit the collection of personal information to that which is necessary for the purposes identified by RightLabs.com. RightLabs.com shall collect personal information by fair and lawful means.
- RightLabs.com collects personal information primarily from its customers or employees.
- RightLabs.com may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
LIMITING USE, DISCLOSURE, AND RETENTION OF PERSONAL INFORMATION
RightLabs.com shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. RightLabs.com shall retain personal information only as long as necessary for the fulfillment of those purposes.
- RightLabs.com may disclose a customer’s personal information to:
- organization for which the information is being collected as consented to prior to collection;
- a person who in the reasonable judgment of RightLabs.com is seeking the information as an agent of the customer;
- a company involved in supplying the customer with association or association related services;
- a company or individual employed by RightLabs.com to perform functions on its behalf, such as research or data processing;
- an agent used by RightLabs.com to evaluate the customer’s creditworthiness or to collect the customer’s account;
- a credit reporting agency;
- a public authority or agent of a public authority, if in the reasonable judgment of RightLabs.com, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; and
- a third party or parties, where the customer consents to such disclosure or disclosure is required by law;
- another comment or individual for the development, enhancement, marketing or delivery of any RightLabs.com products or services.
- RightLabs.com may disclose personal information about its employees:
- for normal personnel and benefits administration;
- in the context of providing references regarding current or former employees in response to requests from prospective employers; or
- where disclosure is required by law.
- Only RightLabs.com employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about customers and employees.
- RightLabs.com shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a customer or employee, RightLabs.com shall retain, for a period of time that is reasonably sufficient to allow for access by the customer or employee, either the actual information or the rationale for making the decision.
- RightLabs.com shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
ACCURACY OF PERSONAL INFORMATION
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Personal information used by RightLabs.com shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a customer or employee.
- RightLabs.com shall update personal information about customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
RightLabs.com shall protect personal information by security safeguards appropriate to the sensitivity of the information.
- RightLabs.com shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures which may include physical, organizational and technological measures. RightLabs.com shall protect the information regardless of the format in which it is held.
- RightLabs.com shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
- All of RightLabs.com employees with access to personal information shall be required to respect the confidentiality of that information.
OPENNESS CONCERNING POLICIES AND PRACTICES
RightLabs.com shall make readily available to customers and employees specific information about its policies and practices relating to the management of personal information.
- RightLabs.com shall make information about its policies and practices easy to understand, including:
- the means of gaining access to personal information held by RightLabs.com; and
- a description of the type of personal information held by RightLabs.com, including a general account of its use.
- RightLabs.com shall make available information to help customers and employees exercise choices regarding the use of their personal information and the privacy enhancing services available from RightLabs.com.
CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
RightLabs.com shall inform a customer or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information. A customer or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
- Upon request, RightLabs.com shall afford customers and employees a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in understandable form within a reasonable time, and at a minimal or no cost to the individual.
- In certain situations, RightLabs.com may not be able to provide access to all the personal information that it holds about a customer or employee. For example, RightLabs.com may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, RightLabs.com may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor – client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, RightLabs.com shall provide the reasons for denying access upon request.
- Upon request, RightLabs.com shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, RightLabs.com shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
- In order to safeguard personal information, a customer or employee may be required to provide sufficient identification information to permit RightLabs.com to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
- RightLabs.com shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, RightLabs.com shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
- Customers can obtain information or seek access to their individual files by contacting a designated representative at RightLabs.com business offices.
- Employees can obtain information or seek access to their individual files by contacting their immediate supervisor within RightLabs.com.
- RightLabs.com shall maintain procedures for addressing and responding to all inquiries or complaints from its customers and employees about RightLabs.com handling of personal information.
- RightLabs.com shall inform its customers and employees about the existence of these procedures as well as the availability of complaint procedures.