Privacy Policy

TRAK GLOBAL SOLUTIONS HOLDINGS (CANADA) – Privacy Policy


Introduction

TRAK GLOBAL SOLUTIONS HOLDINGS (CANADA) INC. (“TRAK”) is committed to keeping personal information accurate, confidential, secure and private. The TRAK Privacy Code is an embodiment of this commitment. This Privacy Code is based on the Personal Information Protection and Electronic Documents Act (PIPEDA), and on the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information (CAN/CSA-Q830-96). It describes how TRAK subscribes to the principles of the PIPEDA, and the CSA Model Codes. A copy of the PIPEDA is available at www.privcom.gc.ca.

The Scope Of This Privacy Code

This Privacy Code describes the principles TRAK will use to protect the privacy of Personal Information in its possession or control. Personal Information includes information about an identifiable individual, but does not include the name, title or business address or business telephone number of an employee of an organization.This Privacy Code does not apply to information about business customers who carry on business as corporations, partnerships or in other forms of association. TRAK does, however, protect the confidentiality of such information in accordance with the law and TRAK’s own policies. This Privacy Code does apply to Personal Information of individual owners of sole proprietorships.

Changes To This Privacy Code

In order to ensure that this Privacy Code is kept up to date, we reserve the right to change this Privacy Code from time to time. Any changes will be effective 30 days following TRAK providing you with notice. Notice of changes to the Privacy Code may be distributed through TRAK communications and/or posted on the TRAK web site. If you access or choose to continue to be serviced by TRAK after the effective date of the change, we assume that we have your consent for the change.

Why TRAK Collects Personal Information

TRAK collects Personal Information in the normal course of providing products and services.

Unless additional purposes are identified to an individual before or at the time of collection of Personal Information, TRAK will collect Personal Information for the following purposes:

  • to help identify new clients and;
    • to determine the suitability of products or services for an individual or the eligibility of an individual for products and services;
  • to set up and manage products and services that meet an individual’s needs;
  • to offer products and services to meet those needs;
  • to provide ongoing service; and
  • to meet legal and regulatory requirements,

TRAK takes care to explain purposes which are not as obvious as others. The purposes for collecting a name or address are obvious and do not need to be explained, but the purpose for collecting, using and disclosing other Personal Information may not be as self-evident. TRAK may collect, disclose and use Personal Information for some or all of the following purposes:

  • An individual’s date of birth (“DOB”) and other identifying information may be collected and used to verify the identity of a client and to protect the client and TRAK from error or fraud;
  • Personal Information is used by TRAK to determine initial and ongoing eligibility for products and services and to notify the clients of such products by website, mail, e-mail or phone;
  • Personal Information including account details may be collected from or disclosed to an individual’s insurance broker or insurance company, if that individual agrees to forward that information, and such an arrangement exists between TRAK and the individual’s insurance company;
  • Personal Information may be collected and used to ensure that a client’s instructions can be properly verified;
  • Personal Information may be collected, used and disclosed to investigate client complaints and for diagnostic purposes;
  • Should you open an account to be operated on behalf of a third party, Personal Information of that third party will be collected from you in accordance with the product’s functionality.

TRAK limits the amount and type of Personal Information it collects. TRAK will collect Personal Information only for purposes it has already identified to the individual or as permitted by law. TRAK will collect Personal Information using procedures which are fair and lawful. TRAK will collect only the amount and type of information needed for the purposes documented by TRAK and identified to the individual. TRAK will collect Personal Information about an individual primarily from that individual. Except as permitted by law, TRAK will only collect Personal Information from external sources if individuals have consented to such collection.

Use of Cookies

TRAK may use temporary web cookies to help maintain personal preferences, and monitor usage to improve the overall experience. Cookies are unique identifiers that (on their own) do not identify email addresses or other personally identifiable information. A temporary cookie is used to track usage during a single visit, and is typically removed by the browser when it is closed.

How TRAK Obtains Consent

Your Provision of Personal Information to TRAK means that you agree and consent that we may collect, use, and disclose your Personal Information in accordance with this Privacy Code. In addition, specific authorizations may be obtained from time to time.

Individuals can also give consent through an authorized representative, such as a legal guardian or a person with a power of attorney. This may be necessary, for example, if TRAK cannot obtain express consent from an individual who is a minor, seriously ill, or mentally incapacitated.

TRAK may collect, use or disclose Personal Information without the individual’s knowledge and consent only in limited circumstances as permitted by law.

  • TRAK may collect, use and disclose Personal Information without the individual’s knowledge or consent if it is clearly in the individual’s best interests to do so and consent can not be sought in a timely manner. An example of such a circumstance is when an individual is seriously ill.
  • TRAK may collect, use and disclose Personal Information without individuals’ knowledge or consent in certain circumstances where the information is publicly available. An example would be the name, address and phone number of a subscriber to a telephone directory that is available to the public where the subscriber can refuse to have their Personal Information appear in the telephone directory.

Subject to certain legal or contractual restrictions and reasonable notice, an individual may refuse or withdraw consent at any time. TRAK will inform individuals of the consequences of refusing or withdrawing consent when individuals seek to do so. Refusing or withdrawing consent for TRAK to collect, use or disclose Personal Information could mean that TRAK cannot provide the individual with a product, service or information of value to the individual.

TRAK, however, will not unreasonably withhold products, services or information from individuals who refuse to give consent or who withdraw consent.

How TRAK Uses, Discloses, and Maintains Personal Information

TRAK will use or disclose Personal Information only for the purposes for which it was collected, unless specific consent has been obtained for another purpose.

Under certain exceptional circumstances, TRAK may have a legal duty or right to disclose Personal Information without the individual’s knowledge or consent.TRAK may disclose Personal Information without consent when required or permitted by law. Examples of such disclosures include:

  • Subpoenas, search warrants and other court and government orders;
    • debt collection or demands from other parties who have a legal right to Personal Information; and
    • disclosure of Personal Information to a lawyer (or, in Quebec, a notary or an advocate) who represents TRAK.

TRAK will protect the interests of its clients by making sure that orders or demands appear to comply with the laws under which they were issued. TRAK does not comply with casual requests for Personal Information from government or law enforcement authorities.

TRAK may notify individuals that an order or demand has been received, if the law does not prohibit such notification. TRAK may notify individuals by telephone, or by letter to the client’s usual address.

TRAK may want to use Personal Information in its possession or control to market products and services to individuals, either directly through TRAK or through its existing subsidiaries, affiliates or approved network. TRAK will obtain the individual’s consent before using or disclosing Personal Information for this purpose.

When an individual applies for a product or service and provides Personal Information, TRAK will advise the individual that his/her Personal Information may be used by TRAK to market other products and services to the individual.

TRAK will keep Personal Information only as long as necessary for the identified purposes. TRAK will destroy, delete or make anonymous any Personal Information no longer needed for its identified purposes or for legal requirements.

Keeping Personal Information Accurate

TRAK will keep the Personal Information in its possession or control accurate, complete, current and relevant, based on the most recent information available to TRAK.

Individuals may challenge the accuracy and completeness of Personal Information about them and have it amended as appropriate.TRAK will make reasonable efforts to minimize the possibility of using inaccurate, incomplete or outdated Personal Information to make a decision about the individual. TRAK will update Personal Information only if it is necessary for the purposes for which it was collected.

TRAK will make reasonable efforts to keep Personal Information in its possession and control accurate and current if the information is used on an ongoing basis, unless limits on the need for accuracy are clearly set out by TRAK.

TRAK will also rely on individuals to keep certain Personal Information relating to them accurate, complete and current. If an individual demonstrates to TRAK that Personal Information relating to them is inaccurate, incomplete, out of date or irrelevant, TRAK will revise or delete the Personal Information. If necessary, TRAK will disclose the revised Personal Information to any third parties to whom TRAK disclosed wrong or outdated information in order to permit them to revise their records.

If TRAK does not agree to revise Personal Information as requested by the individual, the individual may challenge TRAK’s decision. TRAK will make a record of this challenge, and, if necessary, disclose the challenge by the individual to any third parties to whom TRAK has disclosed the Personal Information.

Safeguarding Personal Information

TRAK will protect Personal Information with safeguards appropriate to the sensitivity of the information.

TRAK will safeguard Personal Information in its possession or control from loss or theft and from unauthorized access, disclosure, duplication, use or modification.

The safeguards employed by TRAK to protect Personal Information will vary depending on the sensitivity, amount, distribution, format and storage of the Personal Information. TRAK stores most of your information electronically. Recent paper records containing individuals’ Personal Information are stored in files kept onsite at our Waterloo head office, and older records containing individuals’ Personal Information may be stored at an offsite storage facility. TRAK will give the highest level of protection to the most sensitive Personal Information.

TRAK will safeguard Personal Information in its possession or control through security measures. For example:

  • physical security, such as secure locks on filing cabinets and restricted access to offices;
    • organizational security, such as controlled entry in data centres and limited access to relevant information; and
  • electronic security, such as passwords, personal identification numbers and encryption.

TRAK may transfer Personal Information to third parties for processing, including, market research, data processing services, collection, service agents, and for other goods and services. TRAK will require these third parties to safeguard all Personal Information in a way that is consistent with TRAK’s measures and/or as regulated by law.

In some circumstances, the third parties retained by TRAK to perform functions on its behalf may be located outside of Canada. Therefore, some Personal Information collected by TRAK may be retained in countries other than Canada where privacy laws may offer different levels of protection from those in Canada and Personal Information may be subject to access by and disclosure to law enforcement agencies in those jurisdictions.

When TRAK contracts with third parties, they are given only the information necessary to perform the services as set out in the contract. The third parties are prohibited from storing, analyzing or using the Personal Information transferred by TRAK for any other purpose. The third parties are required to protect Personal Information transferred by TRAK in a manner that is consistent with privacy policies and practices established by TRAK.

TRAK will use care when disposing of or destroying Personal Information in order to prevent unauthorized access to the information.

Making Information About Policies And Procedures Available To Individuals

TRAK will be open about the procedures used to manage Personal Information. Individuals will have access to information about these procedures through TRAK’s Privacy Code, by contacting our Client Services or by writing to the Privacy Office. The information will be available in a format that is easy to understand.

The TRAK Privacy Code is available to the public.

An electronic version of this Privacy Code is available on TRAK’s website at Intellimec.com Privacy Policy. TRAK may make information about its procedures available in a variety of ways, depending on the nature of the services individuals are using and the sensitivity of the Personal Information. TRAK may make brochures available through e-mail information to its clients, establish a toll-free telephone service or provide on-line access.

Access To Personal Information

When an individual requests it, TRAK will give the individual access to Personal Information about them which are in the possession or control of TRAK. In certain exceptional situations TRAK may not be able to give individuals’ access to all of the Personal Information about them.

TRAK has established procedures for responding to requests for access to Personal Information. TRAK will respond to requests within a reasonable time. Individuals must be specific about the Personal Information that may be in TRAK’s possession or control. In the unlikely event that TRAK determines that there will be a cost to the individual in granting such access, TRAK shall inform the individual of the costs permitted by law prior to granting such access.

TRAK will identify from whom it collected the Personal Information, to whom it has disclosed the Personal Information, and how and when the information was disclosed. TRAK will take this data from its records, and will provide it to the individual.

In some cases, TRAK may not provide access to Personal Information that is in its possession or control. This may occur when:

  • providing access to Personal Information would be likely to reveal Personal Information about a third party;
  • providing the Personal Information could result in a threat to the security of another individual;
  • disclosing the information would reveal confidential commercial information;
  • the Personal Information is protected by solicitor-client privilege;
  • the information is the result of arbitration or other formal dispute resolution process; or
  • the information has been collected for the purposes of a legal investigation.

If TRAK denies the individual’s request for access to Personal Information, TRAK will advise the individual of the reason for the refusal.

Handling Individuals’ Complaints And Questions

TRAK has policies and procedures to receive, investigate, and respond to individuals’ complaints and questions relating to privacy. In the event of questions about this policy, how to access Personal Information, or how we collect, use, and disclose Personal Information, please contact Client Services at (519) 745-8887 or toll free 1-877-273-7483 or by email: clientservices@intellimec.com. You may also write to the Privacy Officer:

TRAK PRIVACY OFFICER

435 King Street North

Waterloo, ON N2J 2Z5

Canada

TRAK will investigate all complaints. If it finds a complaint justified, TRAK will attempt to resolve it. If necessary, TRAK will modify its policies and procedures to ensure that other individuals will not experience the same problem.

If individuals are not satisfied with the way TRAK has responded to their complaint, they can contact the Federal Privacy Commissioner.

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