Why we collect personal information If you are a Smartnail Tools & Fasteners Inc. customer, Smartnail Tools & Fasteners Inc. has some basic information about you. We understand that some of this information is private, which is why we collect personal information only for the following purposes:
To establish and maintain a responsible commercial relationship with you and to provide ongoing service. For example, when you apply for service, we collect information that allows us to confirm your identity and credit history so that we can accurately bill and collect for the products and services that you receive from us. We may collect credit card or bank account information.
To understand your needs and preferences. We maintain a record of the products and services you receive from us, and we may ask for additional information so that we can serve you better. For example, we will ask for your e-mail address so that we may keep you up to date electronically.
To develop, enhance market or provide products and services. For example, we look at how our customers use our products and services, so that we can understand how to improve them. From time to time, we may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you.
To manage and develop our business and operations. For example, we analyze customer usage of our products and facilities to help us manage them efficiently and plan for future growth.
To meet legal and regulatory requirements. For example, we may collect information in response to a court order, or to satisfy a request by the Canadian Government for information about a customer complaint and how it was resolved.
When do we disclose personal information? There is a variety of circumstances where we may need to disclose some personal information about our customers. Here are some examples:
We may disclose a customer's personal information to a person who, in the reasonable judgement of Smartnail Tools & Fasteners Inc., is seeking the information as an agent of the customer. For example, we may provide information about a customer's account to the customer's legal representative if we are satisfied that that individual is requesting the information on behalf of the customer.
Customer information may be shared among Smartnail Tools & Fasteners Inc. business units to help us serve our customers better and to provide them with services from different parts of our organization.
We may disclose a customer's personal information to:
another fastener company for the efficient and cost-effective provision of services;
a company involved in supplying the customer with fasteners or related services;
a company or individual employed by Smartnail Tools & Fasteners Inc. to perform functions on its behalf, such as research or data processing; or
an agent used by Smartnail Tools & Fasteners Inc. to evaluate the customer's credit worthiness or to collect the customer's account.
Any such disclosure of a customer's personal information outside of Smartnail Tools & Fasteners Inc. is made on a confidential basis with the information to be used only for the purpose for which it was disclosed.
We may disclose a customer's personal information to a credit reporting agency.
We may disclose a customer's personal information to a public authority or agent of a public authority, if in the reasonable judgement of Smartnail Tools & Fasteners Inc., it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
In conjunction with special offers or programs, we may disclose customers' personal information to our program partners, or to third-party agents responsible for administering such offers or programs. Any such disclosure is made on a confidential basis with the customer's express consent.
How do we protect your personal information? In order to protect your personal information and your right to privacy, Smartnail Tools & Fasteners Inc.:
will not collect, use or disclose your personal information for any purpose other than those identified above, except with your consent;
will protect your personal information with appropriate security safeguards;
will protect the confidentiality of your personal information when dealing with other companies;
will strive to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above; and
will honour any request you may make for access to your personal information.
What are your choices? We would like to have your consent to continue to collect, use and disclose your personal information for the purposes identified above. However, you do have choices and can refuse or withdraw your consent as follows:
You may have your name removed from our telephone, mail or e-mail marketing lists. We use these lists to inform you of relevant products, services and special offers that may be of benefit to you.
Telephone directory publisher such as, Yellow Pages™, makes available lists of published names,addresses and phone numbers to selected organizations for a fee. You may choose to be excluded from these lists (non-published names, addresses and phone numbers are automatically excluded).
You may refuse to provide personal information to us. You may also withdraw your consent at anytime, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you.
If you have any questions or concerns about our privacy practices, please feel free to contact us.Otherwise, we will assume that we have your consent to continue to collect, use and disclose your personal information for the purposes identified above.
Personal information includes information about an identifiable individual, presented in any form, such as: age, name, ID number(s), income, ethnic origin, opinions, evaluations, social status, disciplinary actions, credit records, loan records, medical records.
Personal information does not include the name, title, address and telephone number of an employee of an organization.
Limiting Use, Disclosure and Retention
PRINCIPLE #1 -- ACCOUNTABILITY Smartnail Tools & Fasteners Inc. is responsible for personal information under its control and will designate an individual or individuals who are accountable for the organization's compliance with the following principles.
1.1 Accountability for Smartnail Tools & Fasteners Inc. compliance with the principles rests with the senior management of Smartnail Tools & Fasteners Inc. and the person or persons designated by senior management as Privacy Officer, even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of senior management or the Privacy Officer.
1.2 Smartnail Tools & Fasteners Inc. senior management has designated the following person to act as Privacy Officer to oversee the organization's compliance with the principles:
1-98 Bessemer Court, London, ON, N6E 1K7
1.3 Smartnail Tools & Fasteners Inc. is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. Smartnail Tools & Fasteners Inc. will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
1.4 Smartnail Tools & Fasteners Inc. will implement policies and practices to give effect to the principles, including:
(a) implementing procedures to protect personal information;
(b) establishing procedures to receive and respond to complaints and inquiries;
(c) training staff and communicating to staff information about Smartnail Tools & Fasteners Inc. policies and practices; and
(d) developing information to explain Smartnail Tools & Fasteners Inc. policies and procedures.
PRINCIPLE #2 - IDENTIFYING PURPOSES Smartnail Tools & Fasteners Inc. will identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 Smartnail Tools & Fasteners Inc. collects personal information only for the following purposes ("identified purposes"):
(a) to provide service(s) and/or products to its customers;
(b) to maintain commercial relations and to communicate with its customers (which will include, but not be limited to: billing, collection, advertising,promotion, account verification);
(c) to identify customer needs and/or preferences;
(d) to meet legal and regulatory requirements;
(e) to administer and manage its business operations
2.2 Smartnail Tools & Fasteners Inc. will provide notice of the identified purposes either orally, electronically or writing prior to or at the time of collection of the personal information.
2.3 Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at Smartnail Tools & Fasteners Inc. who will explain the purposes.
2.4 When personal information that has been collected is to be used for a purpose not previously identified, the new purpose will be identified prior to use. Unless the new purpose is required by law, Smartnail Tools & Fasteners Inc. will obtain the consent of the individual before information is used for that new purpose.
Occasionally, Smartnail Tools & Fasteners Inc. will communicate to you special bonus and new product offers that we think may be of value to you. If you wish to opt-out of receiving targeted communications from Smartnail Tools & Fasteners Inc. in electronic, printed or verbal format (other than information included with your monthly bills), simply inform us in writing at Privacy Office, 14-280 Edward St., St. Thomas, On., N5P 4P8.
PRINCIPLE #3 - CONSENT The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where inappropriate.
3.1 In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when there is an emergency threatening the individual's life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances,information may be publicly available. Moreover, Smartnail Tools & Fasteners Inc. may provide personal information to its lawyer or agent to collect a debt, comply with a subpoena, warrant or other court order, government institution requesting the information upon lawful authority, or as may be otherwise required by law.
3.2 Smartnail Tools & Fasteners Inc. will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Smartnail Tools & Fasteners Inc. wants to use information for a purpose not previously identified).
3.3 Smartnail Tools & Fasteners Inc. will make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes will be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3.4 Smartnail Tools & Fasteners Inc. will not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes.
3.5 The form of consent sought by Smartnail Tools & Fasteners Inc. may vary, depending upon the circumstances and the type of information disclosed.In determining the form of consent to use, Smartnail Tools & Fasteners Inc. will take into account the sensitivity of the information and the reasonable expectations of the individual. An authorized representative (such as a legal guardian or a person having power of attorney) can also give consent.
Smartnail Tools & Fasteners Inc. will seek express consent when the information is likely to be considered sensitive.
Implied consent will generally be appropriate when the information is less sensitive. The use of services or products by a customer or the acceptance of employment by an employee will be considered implied consent to collect, use and disclose personal information for all identified purposes.
3.6 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Smartnail Tools & Fasteners Inc. will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to Smartnail Tools & Fasteners Inc. in writing.
PRINCIPLE #4 - LIMITING COLLECTION The collection of personal information will be limited to that which is necessary for the purposes identified by Smartnail Tools & Fasteners Inc. Information will be collected by fair and lawful means.
4.1 Smartnail Tools & Fasteners Inc. collects personal information from its customers and employees for the purposes described under Principle #2.
4.2 Smartnail Tools & Fasteners Inc. may also collect personal information from such third parties as credit bureaus, employers or personal references or other third parties that represent that they have the right to disclose the information.
PRINCIPLE #5 - LIMITING USE, DISCLOSURE, AND RETENTION Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.
5.1 Smartnail Tools & Fasteners Inc. may collect, use or disclose personal information without the individual's knowledge or consent in certain circumstances as described in Principle #3.1.
5.2 Smartnail Tools & Fasteners Inc. may disclose a customer's personal information to:
(a) another fastener or tool supply or repair company for the provision of services to that customer;
(b) a company involved in providing repair or supply services;
(c) a person involved in the development, promotion, marketing or enhancement of Smartnail Tools & Fasteners Inc. services;
(d) a credit collections agency;
(e) emergency services in an emergency situation;
(f) a person, who, in the reasonable estimation of Smartnail Tools & Fasteners Inc., is an agent of the customer;
(g) any other third party, upon receiving the consent of the customer or as required by law.
5.3 Smartnail Tools & Fasteners Inc. may disclose an employee's personal information in the following circumstances:
(a) in the administration of that employee's benefits;
(b) in providing references to prospective employers, upon receiving the consent of the employee;
(c) as may be required by law.
5.4 Certain Smartnail Tools & Fasteners Inc. employees may be given access to customer and/or employee information in so far as their duties require access for business purposes. Smartnail Tools & Fasteners Inc. employees are governed by a non-disclosure agreement prohibiting disclosure or use of any confidential or personal information for any purposes other than the stated business purposes.
5.5 Smartnail Tools & Fasteners Inc. will retain personal information for only as long as required to fulfil the identified purposes or as required by law.
5.6 Personal information that is no longer required to fulfil the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by Smartnail Tools & Fasteners Inc.
PRINCIPLE #6 - ACCURACY Personal information will be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 The extent to which personal information will be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
6.2 Smartnail Tools & Fasteners Inc. will not routinely update personal information unless such a process is necessary to fulfil the purposes for which the information was collected.
6.3 Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.
PRINCIPLE #7 - SAFEGUARDS Personal information will be protected by security safeguards appropriate to the sensitivity of the information.
7.1 Smartnail Tools & Fasteners Inc. will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying,use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage.
7.2 Smartnail Tools & Fasteners Inc. protects all personal information regardless of the format in which it is held. The methods of protection include:
(a) physical measures, such as locked filing cabinets and restricted access to offices;
(b) organizational measures, such as security clearances and limiting access on a "need to know" basis;
(c) technological measures, such as the use of passwords and encryption.
7.3 Smartnail Tools & Fasteners Inc. makes their employees aware of the importance of maintaining the confidentiality of personal information.Smartnail Tools & Fasteners Inc. employees are governed by a non-disclosure agreement prohibiting disclosure or use of any confidential or personal information for any purposes other than the stated business purposes.
7.4 Smartnail Tools & Fasteners Inc. will use care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information.
PRINCIPLE #8 - OPENNESS Smartnail Tools & Fasteners Inc. will make readily available to individuals specific information about its policies and practices relating to the management of personal information.
8.1 Smartnail Tools & Fasteners Inc. will make its policies and practices with respect to the management of personal information easily comprehensible and accessible, by providing upon request:
(a) the name, title, and address of the Privacy Officer accountable for Smartnail Tools & Fasteners Inc. policies and practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by Smartnail Tools & Fasteners Inc.; and
(c) a description of the type of information held by Smartnail Tools & Fasteners Inc. and/or its subsidiaries, including a general account of its use.
PRINCIPLE #9 - INDIVIDUAL ACCESS Upon request, an individual will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon request, Smartnail Tools & Fasteners Inc. will inform an individual whether or not the organization holds personal information about the individual, and will provide that individual with a reasonable opportunity to review the personal information in his or her file.
9.2 Smartnail Tools & Fasteners Inc. will allow the individual access to his or her personal information once the individual has provided Smartnail Tools & Fasteners Inc. with a written request application. Smartnail Tools & Fasteners Inc. will make the application available to customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit Smartnail Tools & Fasteners Inc. to provide an account of the existence, use, and disclosure to any third parties of this personal information. Smartnail Tools& Fasteners Inc. will use the application only for this purpose.
9.3 Smartnail Tools & Fasteners Inc. will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.
9.4 Smartnail Tools & Fasteners Inc. will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list o fthe organizations to which it has actually disclosed information about an individual, Smartnail Tools & Fasteners Inc. will provide a list of organizations to which it may have disclosed information about the individual.
9.5 In certain instances, Smartnail Tools & Fasteners Inc. will not be able to provide the individual access to his or her personal information. For example, Smartnail Tools & Fasteners Inc. will not provide access to information where the information requested is prohibitively costly to provide;where the information contains references to other individuals; where the information cannot be disclosed for legal, security or commercial proprietary reasons; where the information is subject to solicitor-client or litigation privilege; or where the information can best be available from another source (for example, through a medical practitioner). In each case, Smartnail Tools & Fasteners Inc. will provide reasons for denying any access to personal information.
9.6 When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Smartnail Tools & Fasteners Inc. will amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
9.7 When a challenge is not resolved to the satisfaction of the individual, Smartnail Tools & Fasteners Inc. will record the substance of the unresolved challenge. When appropriate, the existence of the unresolved challenge will be transmitted to third parties having access to the information in question.
PRINCIPLE #10 - CHALLENGING COMPLIANCEAn individual will be able to address a challenge concerning compliance with the above principles to Smartnail Tools & Fasteners Inc. Privacy Officer.
10.1 Smartnail Tools & Fasteners Inc. will maintain procedures to receive and respond to complaints or inquiries about its policies and practices relating to the handling of personal information. Smartnail Tools & Fasteners Inc. will make every effort to ensure that its procedures are easily accessible and simple to use.
10.2 Smartnail Tools & Fasteners Inc. will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
10.4 Smartnail Tools & Fasteners Inc. will investigate all complaints. If a complaint is found to be justified, Smartnail Tools & Fasteners Inc. will take appropriate measures, including, if necessary, amending its policies and practices.
The Personal Information Protection and Electronic Documents Act governs the collection, use and disclosure of personal information in the commercial sector.
Under the Act, Smartnail Tools & Fasteners Inc. is required to adhere to ten privacy principles set out in the National Standard of Canada, Model Code for the Protection of Personal Information.