AAA Canada Inc., including its affiliated companies (collectively “AAA Canada”), puts its employees first and commits to instituting processes that are in line with best industry practices to ensure the confidentiality of personal information collected as part of its activities, pursuant to legislation in effect.
This policy applies to all permanent and temporary AAA Canada employees, applicants, candidates, students, interns, volunteers and independent contractors (“persons”).
2. Definition of “personal information”
“Personal information” includes information about a person that makes it possible to identify that person. Personal information includes a person’s name, associated with any other piece of information about him or her (for example, employee number, salary, social insurance number, birth date, home address, etc.), except for business information as it appears on a business card (including the business email address).
3. Why do we collect personal information?
The Policy authorizes AAA Canada to collect, use and communicate personal information for legitimate business purposes, provided it does so equitably and legally. AAA Canada is responsible for the personal information collected and should normally reveal the identity of those to whom it regularly conveys or transfers personal information, including affiliated or related companies that are part of the AAA Canada group. AAA Canada may use online services to help search for and recruit candidates.
The main purposes for which AAA Canada collects personal information areas follows:
· to provide human resources and placement services, to conduct searches for and the selection of personnel, to recruit and to offer outsourcing services to clients; and
· to facilitate the search for and selection and recruitment of candidates.
Other reasons personal information may be collected must be determined by AAA Canada before or during its collection.
As an employer, AAA Canada collects, uses and communicates personal information to establish and manage relations with employees, as well as to manage and verify activities, particularly to prevent any violation of the law or any other activity that could prejudice AAA Canada’s interests.
AAA Canada keeps up-to-date preservation schedules for files to ensure personal information is kept solely for the amount of time necessary to fulfill the purposes set out above. AAA Canada does not retain personal information longer than necessary, except when required by law.
Once we establish an employment or placement relationship with someone, we use the data they provide to comply with laws and regulations, including, but not limited to, for employment, taxation and social security.
At different phases in the employment relationship with employees, AAA Canada may gather the following personal information in particular:
· name, date of birth, sex, marital status, beneficiaries and ID numbers, including the social insurance and driver’s licence numbers, when required;
· information about education and training, work experience, professional references and credit and criminal background checks;
· personal address, phone number, cell phone number, email address and emergency contact information;
· health and medical information, including emergency contact information and information about the health of the person and his or her spouse and dependents;
· employment history and experience, training, compensation, information about performance and disciplinary measures at AAA Canada.
The person must consent to the collection, use and communication of personal information, except in cases permitted by law. AAA Canada normally collects, uses and communicates personal information following informed consent and to meet specific needs. Being informed means understanding the nature, goal and consequences of the collection, use and communication of personal information. Our commitment involves:
· informing the person in understandable terms of the objectives of collecting, using and communicating personal information;
· obtaining the person’s consent before or during the collection of the information, as well as when a new use of the personal information is anticipated.
AAA Canada relies on implicit consent only when appropriate, depending on the sensitive nature of the personal information and the reasonable expectation of the persons.
Exceptions to the principle of consent
There are a number of exceptions to the obligation to inform people of the collection, use or communication of personal information concerning them and obtain their consent. Here are few examples of situations in which AAA Canada is not required to inform people or obtain their consent:
· AAA Canada may collect and use personal information:
(a) if it is clearly in the person’s interest, and it is impossible to obtain his or her consent in a timely manner;
(b) if the fact of informing and obtaining consent should compromise the availability or accuracy of the information;
(c) if it is necessary to conduct an investigation regarding an infraction or violation of a law in effect.
· AAA Canada may use and communicate personal information:
(a) if there are reasonable grounds to suggest that the information could be useful as part of an investigation into a violation of a law in effect;
(b) in case of emergency that constitutes a threat to a person’s life, health or safety;
(c) for the purposes of statistical or university research (providing prior notice to the Office of the Privacy Commissioner of Canada).
· AAA Canada may communicate personal information:
(a) to an attorney that represents AAA Canada;
(b) to collect a person’s debt with AAA Canada;
(c) to comply with a subpoena, an order or a warrant issued by a court;
(d) to an investigating agency or a government institution with the legal authority to obtain information (i.e., for the purposes of an investigation);
(e) 20 years after the person’s death or 100 years after the creation of the file;
(f) if required by law.
5. Google Analytics and cookies
We use Google Analytics, which provides information about user activity, including, but not limited to, page views, the source of traffic and the amount of time spent on our website. This information is depersonalized and displayed in numerical form, making it impossible to trace it back to specific individuals. You can deactivate the use of Google Analytics on the Google Analytics deactivation web page: https://tools.google.com/dlpage/gaoptout?hl=en
6. Transfer of personal information to service providers (in Canada or elsewhere)
AAA Canada may transfer, process or preserve personal information outside of Canada. However, AAA Canada transfers personal information to service providers only if this transfer complies with the principles and rules set out in this Policy and the privacy laws in effect. These service providers will have to collect, use, communicate and preserve personal information pursuant to thisPolicy and legislation in effect.
When it uses service providers, AAA Canada (i) shows due diligence in choosing service providers that will handle personal information on its behalf, (ii) imposes reasonable contractual conditions on these providers so that they do a comparable job of protecting data security and (iii) verifies that said providers do a comparable job of protecting data security.
7. Security measures
AAA Canada takes reasonable measures to protect and secure personal information against illegal and unauthorized access, communication, copying, use or modification. This also includes protection measures against the loss of, theft of and damage to this information.
If a person learns of the loss of, unauthorized access to, a lack of security for or unauthorized communication of personal information, whether or not the person is at the origin of this loss, access or unauthorized communication, he or she must immediately inform the line manager or person responsible for privacy protection: firstname.lastname@example.org.
8. Access to personal information and correction
AAA Canada takes reasonable measures to ensure that personal information is preserved with the accuracy required. Pursuant to legislation in effect, AAA Canada may give a person access to his or her personal information and the means to make corrections pursuant to privacy regulations in effect. Anyone may contest the accuracy and completeness of the information and make changes to it accordingly. Requests for copies of personal information must be made in writing to the person responsible for privacy protection at AAA Canada (email@example.com).
9. Duty to notify
In keeping with legislation in effect, AAA Canada must notify the individuals concerned and privacy regulatory bodies of any security breach regarding their personal information under AAA Canada’s control, if there is reason to believe that the breach creates a genuine risk of significant prejudice to these individuals. The expression “significant prejudice” includes “bodily injury, humiliation, damage to reputation or relationships, loss of employment or business or professional opportunities, financial loss, identity theft, a negative impact on the credit history and damage to or loss of property.” Such notice will be given as soon as AAA Canada becomes aware that a breach has occurred.
This policy takes immediate effect and replaces all previous versions. AAA Canada reserves the right to interpret this Policy at its discretion and to make occasional changes to it as it sees fit, with no requirement for notice.