Hobden’s Small Engines Inc is a for-profit organization.
1.1 The Ten Principles of PIPEDA Summarized
Accountability: organizations are accountable for the personal information they collect, use, retain and disclose in the course of their commercial activities, including, but not limited to, the appointment of a Chief Privacy Officer;
Identifying Purposes: organizations are to explain the purposes for which the information is being used at the time of collection and can only be used for those purposes;
Consent: organizations must obtain an Individual’s express or implied consent when they collect, use, or disclose the individual’s personal information;
Limiting Collection: the collection of personal information must be limited to only the amount and type that is reasonably necessary for the identified purposes;
Limiting Use, Disclosure and Retention: personal information must be used for only the identified purposes, and must not be disclosed to third parties unless the Individual consents to the alternative use or disclosure;
Accuracy: organizations are required to keep personal information in active files accurate and up-to-date;
Safeguards: organizations are to use physical, organizational, and technological safeguards to protect personal information from unauthorized access or disclosure.
Openness: organizations must inform their clients and train their employees about their privacy policies and procedures;
Individual Access: an individual has a right to access personal information held by an organization and to challenge its accuracy if need be; and
- Provide Recourse: organizations are to inform clients and employees of how to bring a request for access, or complaint, to the Chief Privacy Officer, and respond promptly to a request or complaint by the individual.
“Personal information” means any information about an identifiable individual. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, Social Insurance Number, date of birth, marital status, education, employment health history, assets, liabilities, payment records, credit records, loan records, income and information relating to financial transactions as well as certain personal opinions or views of an Individual.
“Business information” means business name, business address, business telephone number, name(s) of owner(s), officer(s) and director(s), job titles, business registration numbers (GST, RST, source deductions), financial status. Although business information is not subject to PIPEDA, confidentiality of business information will be treated with the same security measures by TCDC staff, members and Board members, as is required for individual personal information under PIPEDA.
“Data base” means the list of names, addresses and telephone numbers of customers held by Hobden’s Small Engines Inc in the forms of, but not limited to, computer files, paper files, and files on computer hard-drives.
“File” means the information collected in the course of processing an order, as well as information collected/updated to maintain /service the account.
“Express consent” means the individual signs the application, or other forms containing personal information, authorizing Hobden’s Small Engines Inc to collect, use, and disclose the individual’s personal information for the purposes set out in the application and/or forms.
“Implied Consent” means the organization may assume that the individual consents to the information being used, retained and disclosed for the original purposes, unless notified by the individual.
“Third Party” means a person or company that provides services to Hobden’s Small Engines Inc in support of the purchases, repairs, and other services offered by Hobden’s Small Engines Inc, such as other lenders, credit bureaus, persons with whom the individual or client does business.
Personal information is collected in order to record purchases and do repairs. The individual is the main source of information
An individual’s express, written consent will be obtained before or at the time of collecting personal information. The purposes for the collection, use or disclosure of the personal information will be provided to the individual at the time of seeking his or her consent. Once consent is obtained from the individual to use his or her information for those purposes, Hobden’s Small Engines Inc has the individual’s implied consent to collect or receive any supplementary information that is necessary to fulfil the same purposes. Express consent will also be obtained if, or when, a new use is identified.
By signing the invoice and/or other forms, implied consent is granted by the individual to obtain and/or to verify information from third parties such as banks, credit bureaus, other lenders, and insurance companies.
An individual can choose not to provide some or all of the personal information at any time, but if Hobden’s Small Engines Inc is unable to collect sufficient information to validate the request for financing, the individual’s application for such financing may be turned down.
A client or an individual can withdraw consent to Hobden’s Small Engines Inc’s use of personal information at any time.
5.1 Use of Personal Information
Personal information will be used for only those purposes to which the individual has consented with the following exceptions, as permitted under PIPEDA:
Hobden’s Small Engines Inc will use personal information without the individual’s consent, where:
the organization has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;
an emergency exists that threatens an individual’s life, health or security;
the information is for statistical study or research;
the information is publicly available;
the use is clearly in the individual’s interest, and consent is not available in a timely way;
knowledge and consent would compromise the availability or accuracy of the information, and
collection is required to investigate a breach of an agreement.
5.2 Disclosure and Transfer of Personal Information
Personal information will be disclosed to only those Hobden’s Small Engines Inc employees, and the Board of Directors that need to know the information for the purposes of their work.
Personal information will be disclosed to third parties with the individual’s knowledge and consent.
PIPEDA permits Hobden’s Small Engines Inc to disclose personal information to third parties, without an individual’s knowledge and consent, to:
a lawyer representing Hobden’s Small Engines Inc.;
collect a debt owed to Hobden’s Small Engines Inc by the individual;
comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
a law enforcement agency in the process of a civil or criminal investigation;
a government agency or department requesting the information; or,
as required by law.
PIPEDA permits Hobden’s Small Engines Inc. to transfer personal information to a third party, without the individual’s knowledge or consent, if the transfer is simply for processing purposes and the third party only uses the information for the purposes for which it was transferred. Hobden’s Small Engines Inc will ensure, by contractual or other means, that the third party protects the information and uses it only for the purposes for which it was transferred.
Personal information will be retained in client files as long as the file is active and for such periods of time as may be prescribed by applicable laws and regulations.
Information contained in an inactive file will be retained for a period of seven (7) years.
Hobden’s Small Engines Inc endeavours to ensure that any personal information provided by the individual in his or her active file(s) is accurate, current and complete as is necessary to fulfill the purposes for which the information has been collected, used, retained and disclosed. Individuals are requested to notify Hobden’s Small Engines Inc of any change in personal or business information.
Information contained in inactive files is not updated.
Employees and Board of Directors of Hobden’s Small Engines are required to sign a confidentiality agreement binding them to maintaining the confidentiality of all personal information to which they have access.
Physical Safeguards: Active files are stored away when not in use. Access to work areas where active files may be in use is restricted to Hobden’s Small Engines Inc employees only and authorized third parties.
All inactive files or personal information no longer required are shredded prior to disposal to prevent inadvertent disclosure to unauthorized persons.
Technological Safeguards: Personal information contained in Hobden’s Small Engines computers and electronic databases are password protected. Access to any of the Hobden’s Small Engines Inc’s computers also is password protected. Hobden’s Small Engines Inc’s Internet router or server has firewall protection sufficient to protect personal and confidential business information against virus attacks and “sniffer” software arising from Internet activity. Personal information is not transferred to third parties by e-mail or other electronic form.
An Individual who wishes to review or verify what personal information is held by Hobden’s Small Engines Inc, or to whom the information has been disclosed (as permitted by the Act), may make the request for access, in writing, to the Hobden’s Small Engines Inc’s Chief Privacy Officer. Upon verification of the individual’s identity, the Chief Privacy Officer will respond within 60 days.
If the individual finds that the information held by Hobden’s Small Engines Inc is inaccurate or incomplete, upon the individual providing documentary evidence to verify the correct information, Hobden’s Small Engines Inc will make the required changes to the individual’s active file(s) promptly.
If an individual has a concern about Hobden’s Small Engines Inc’s personal information handling practises, a complaint, in writing, may be directed to the Hobden’s Small Engines Inc’s Chief Privacy Officer.
Upon verification of the individual’s identity, Hobden’s Small Engines Inc’s Chief Privacy Officer will act promptly to investigate the complaint and provide a written report of the investigation’s findings to the individual.
Where Hobden’s Small Engines Inc’s Chief Privacy Officer makes a determination that the individual’s complaint is well founded, the Chief Privacy Officer will take the necessary steps to correct the offending information handling practise and/or revise Hobden’s Small Engines Inc’s privacy policies and procedures.
Where Hobden’s Small Engines Inc ‘s Chief Privacy Officer determines that the individual’s complaint is not well founded, the individual will be notified in writing.
If the individual is dissatisfied with the finding and corresponding action taken by Hobden;s Small Engines Inc’s Chief Privacy Officer, the individual may bring a complaint to the Federal Privacy Commissioner at the address below:
The Privacy Commissioner of Canada Email address: HYPERLINK “http://www.privcom.gc.ca” www.privcom.gc.ca.
112 Kent Street, Ottawa,
Ontario K1A 1H3
: Email address:
Chief Privacy Officer firstname.lastname@example.org
1486 Victoria St N, Unit 8.
Amendment to Hobden’s Small Engines Inc’s Privacy Policies