1. APPLICATION AND SCOPE
1.4 "Personal Information" means information that personally identifies an individual such as age, name, address, Identification numbers, sex, ethnic origin, social status, opinions, personal records or activities. Personal Information does not include (i) information that is publicly available, such as name, telephone number or address when listed in a public directory; (ii) business contact information, such as a name, title or business address; (iii) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or (iv) aggregate information that cannot be associated with a specific person, such as demographic statistics about YHTC customers, contractors or users of the Site.
2. IDENTIFYING PURPOSES FOR COLLECTION, USE AND DISCLOURE OF PERSONAL INFORMATION
2.1 We may collect the following Personal Information:
- contact information, including home address, business address or email address
- additional information for security reasons or to provide specific services to you
2.2 We require this Personal Information primarily for the following purposes:
(a) to understand your needs, to contact you with essential information, and to provide customer support;
(b) to establish and maintain responsible business relations with and to provide ongoing services to customers, contractors and other persons who use the Site and our services;
(c) for internal record keeping and to manage and maintain our business operations and services;
(d) to develop, enhance, market or provide products and services to our customers, contractors or other persons who use the Site and our Services;
(e) to ensure and protect the integrity of the Site;
(f) we may periodically send promotional emails about new site additions or revisions, special events or other information which we think you may find interesting using the email address which you have provided; and
(g) to meet legal, legislative, and regulatory requirements.
2.3 Upon request we shall explain and identify the purposes for which the Personal Information is being collected, used or disclosed.
2.5 Unless required by law or by an order of any court or other lawful authority, we will not collect, use or disclose the Personal Information in our possession and control for any other purpose then for Identified Purposes without first advising you of the new purpose and obtaining the proper consent.
3. OBTAINING PROPER CONSENT
3.1 The knowledge and consent of each person are required for collection, use and disclosure of Personal Information and in obtaining such consent, we shall use reasonable efforts to ensure that you are advised of the purposes for which the Personal Information is being collected, used or disclosed.
3.2 You are deemed to have consented to the collection, use or disclosure of your Personal Information for any Identified Purpose in the following circumstances:
(a) you voluntarily provide the Personal Information directly to us for the purpose of obtaining a membership account, inquiring into and using our services, or by using the Site;
(b) you provide express written consent in executing an agreement with YHTC or providing written correspondence to YHTC authorizing or confirming your consent;
(c) you provide express written consent solicited for a specific purpose; or
(d) you use our services.
3.3 You may withdraw consent at any time subject to legal and contractual restrictions and reasonable notice. You may contact us for more information with regard to the consequences, implications and procedures of withdrawing consent.
3.4 We can use or disclose Personal Information without your knowledge or consent if:
(a) doing so is clearly in your best interests and consent cannot be obtained in a timely manner;
(b) seeking consent might defeat the purpose of collecting, using or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a federal, provincial, or local law, regulation or by-law;
(c) it becomes necessary in the case of an emergency where the life, health and safety of an individual or property is threatened;
(d) if it is necessary in order to collect an account receivable or a debt owing to YHTC; or
(e) if it is necessary in order to comply with a warrant, subpoena, or court order and to comply with other legal or regulatory requirements.
4. LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
4.1 We shall not use or disclose your Personal Information for purposes other than those Identified Purposes except with your consent or as required by law.
4.2 We shall retain Personal Information only as long as necessary for the fulfillment of the purpose for which it was collected or as required by law and when retention of Personal Information is no longer necessary or relevant for the Identified Purposes or required by law, we shall ensure that the Personal Information is safely and securely destroyed or made anonymous.
4.3 Personal Information may be used, disclosed or retained by those employees, agents, consultants or contractors of YHTC who require access to the Personal Information for business reasons or whose duties reasonably so require.
4.4 We shall not use or disclose Personal Information to a third party that is not affiliated with or a properly designated representative of YHTC unless use or disclosure is in accordance with the Identified Purposes or required by law.
4.6 We shall maintain reasonable and systematic controls, schedules and practices for Personal Information retention and destruction.
5. ACCURACY OF PERSONAL INFORMATION
5.1 We shall make every reasonable effort to ensure Personal Information is sufficiently accurate, complete and up-to-date as is necessary to fulfill the specific purposes for which it was collected.
5.2 The accuracy, completeness and currency of the Personal Information is dependant on your disclosure of such information to us and written notification to us of any changes.
5.3 You shall be able to challenge the accuracy and completeness of the Personal Information collected and retained by us and have us amend it as appropriate upon providing us with sufficient evidence to support the change requested. We shall promptly correct or complete any Personal Information found to be inaccurate or incomplete and shall notify you if we disagree with the requested change.
6. SECURITY SAFEGUARDS
6.1 We shall take every reasonable precaution, appropriate to the sensitivity of the Personal Information, to protect the Personal Information collected, used and disclosed by us. In order to prevent unauthorised collection, use or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information provided to us.
(c) establishing procedures to receive and respond to inquiries or complaints with regard to our privacy policies and procedures;
6.3 All employees of YHTC with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information collected, used or disclosed by us.
6.5 Although we have taken reasonable precaution in protecting the Personal Information provided to us, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Site will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures or any third party use or disclosure of Personal Information you have shared with them or other users of the Site.
7. INDIVIDUAL ACCESS TO PERSONAL INFORMATION
7.1 Upon written request, we shall inform you about the existence, content and use of your Personal Information and afford you a reasonable opportunity to review and access the Personal Information. You may send a written request to:
P.O. Box 10
Cottam, Ontario N0R 1B0
7.2 Your Personal Information shall be provided to you in an understandable form within a reasonable amount of time and at minimal or no cost.
7.3 We may refuse your request to access your Personal Information in certain situations, including, without limitation, the following:
(a) if providing access would likely reveal Personal Information about a third party;
(b) if providing access could reasonably be expected to threaten the life, health or security of another person;
(c) if providing access would reveal confidential information;
(d) if the Personal Information was collected in relation to the investigation of a breach of an agreement or contravention of a federal, provincial or local law or regulation;
(e) if the Personal Information was collected as part of journalistic, literary or artistic activities;
(f) if providing access would be prohibitively costly to YHTC; or
(g) if the denial to access the Personal Information is related to detection or prevention of fraud.
7.4 If access to Personal Information is denied we shall provide reasons for denying access upon request.
7.5 For security reasons, we shall require a person to provide sufficient identification information to permit access to Personal Information and any such information shall be used only for this purpose.
8. CHALLENGING COMPLIANCE
8.1 We shall maintain procedures for addressing and responding to all inquiries or complaints about our management and handling of Personal Information in our possession and control.
8.2 All complaints shall be made in writing by using the following contact information for YHTC:
P.O. Box 10
Cottam, Ontario N0R 1B0
8.3 We may seek external advice where appropriate before providing a final response to you.
9.1 We encourage every person to review the PIPEDA for a greater understating of the privacy laws. The PIPEDA can be found at the web site of the Office of the Privacy Commissioner of Canada at www.privcom.gc.ca or by contacting the Office of the Privacy Commissioner of Canada at 112 Kent Street, Ottawa, Ontario K1A 1H3 (1-800-282-1376).