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This Personal Information Protection Policy of Construction Workbook Inc. (“Workbook”), is modelled after the principles set out in the national standard of Canada entitled “Model Code for the Protection of Personal Information” (CAN/CSA-Q830-96).
Nothing in this Personal Information Protection Policy (the “Policy”) has the effect of creating obligations for Workbook beyond those imposed by applicable laws and regulations pertaining to the protection of personal information.
In this Policy:
- “Personal Information” means any information which relates to a natural person and allows that person to be identified.
- “Individual” or “you” refer to you as a customer, customer representative or employee of Workbook or as a user of the Platform or any of the services provided on the Platform (the “Services”).
This Policy covers the following aspects of Personal Information protection:
- Limited collection
- Limited use, disclosure and retention
- Individual access
- Challenging compliance
SUMMARY OF THE POLICY
- ACCOUNTABILITY: Workbook has designated an individual or individuals accountable for Workbook’s compliance with this Policy.
2. PURPOSES : The purposes for which Personal Information is collected will generally be identified by Workbook at or before the time the Personal Information is collected.
3. CONSENT: Your knowledge and consent are required for the collection, use, or disclosure of your Personal Information, except where inappropriate.
4. LIMITED COLLECTION: The collection of Personal Information will be limited to that which is necessary for the purposes identified by Workbook. Information will be collected by fair and lawful means.
5. LIMITED USE, DISCLOSURE AND RETENTION:Personal Information will not be held, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.
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.
7. SAFEGUARDS: Personal Information will be protected by security safeguards appropriate to the sensitivity of the Personal Information.
8. OPENNESS: Workbook will make readily available to you specific information about its policies and practices relating to the management of Personal Information.
9. INDIVIDUAL ACCESS: Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will be given access to that Personal Information. You will be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
10. CHALLENGING COMPLIANCE: You may address a challenge concerning Workbook’s compliance with this Policy to the designated individual(s) accountable for such compliance.
The name(s) or title(s) and the address(es), of the individual(s) who is/are accountable for Workbook’s policies and practices and to whom complaints or inquiries can be forwarded are:
- Jérémie Bissonnette Président
Workbook has designated an individual or individuals accountable for Workbook’s compliance with the following Policy.
Accountability for Workbook’s compliance with this Policy rests with the designated individual(s), even though other individuals within Workbook may be responsible for the day-to-day collection and processing of Personal Information. Other individuals within Workbook may be delegated to act on behalf of the designated individual(s).
The identity of the individual(s) designated by Workbook to oversee Workbook’s compliance with this Policy will be made known upon request if not specified herein.
The purposes for which Personal Information is collected will generally be identified by Workbook at or before the time the Personal Information is collected.
Workbook will document the purposes for which Personal Information is collected. Depending upon the way in which the Personal Information is collected, this can be done orally or in writing. An online application form or notes related thereto, for example, may give notice of such purposes.
Identifying the purposes for which Personal Information is collected at or before the time of collection allows Workbook to determine the Personal Information it needs to collect to fulfil these purposes. Workbook will collect only the Personal Information necessary for the purposes that have been identified.
The current purposes for which Workbook may collect your Personal Information include:
- Providing, maintaining, personalizing and improving the Services;
- Allowing Workbook to perform internal operations in relation to its Services; and
- Sending or facilitating communications between Workbook and you in relation to the Services.
When Personal Information that has been collected is to be used for a purpose not previously identified, the new purpose will be identified and documented prior to use. Unless the new purpose is required by law, your consent will be requested before Personal Information can be used for that purpose.
Workbook will be able to explain to you the purposes for which the Personal Information is being collected.
Your knowledge and consent are required for the collection, use or disclosure of Personal Information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.)
Your consent to the collection, use or disclosure of your Personal Information will be manifest, free and enlightened, and will be given for specific purposes. Such consent will be valid only for the length of time needed to achieve the purposes for which it was requested.
Typically, Workbook will seek consent for the use or disclosure of the Personal Information at or before the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the Personal Information has been collected but before use (for example, when Workbook wants to use Personal Information for a purpose not previously identified).
To make the consent meaningful, the purposes for which the Personal Information will be used will be stated in such a manner that you can reasonably understand how the Personal Information may be used or disclosed.
Workbook will not, as a condition of the supply of a product or service, require your consent to the collection, use or disclosure of Personal Information beyond that required to fulfil the purposes.
The way in which Workbook seeks consent may vary, depending on the circumstances and the type of Personal Information collected. Workbook will generally seek express consent when the Personal Information is likely to be considered sensitive. Implied consent may generally be appropriate when the Personal Information is less sensitive. Consent can also be given by an authorized representative (as by a legal guardian or a person with a written power of attorney). Consent will not be obtained through deception.
You can give consent in many ways. For example:
- an online application form may be used to seek consent, collect Personal Information and inform you of the use that will be made of the Personal Information. By completing and sending the form, you are giving consent to the collection of Personal Information and the specified uses;
- a checkbox may be used to allow you to expressly agree that your name and address be given to other organizations;
- consent may be given orally when Personal Information is collected over the telephone; or
- consent may be given at the time that you use a product or service.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.
Consent to the disclosure of Personal Information from a third person may be given by you to Workbook in order to collect the Personal Information from the third person.
Workbook will collect Personal Information only from you, unless you consent to collection from third persons. However, Workbook may, without your consent, collect Personal Information from a third person if the law so authorizes. It may also do so if it has a serious and legitimate reason and either of the following conditions is fulfilled:
- the Personal Information is collected in your interest and cannot be collected from you in due time; or
- collection from a third person is necessary to ensure the accuracy of the Personal Information.
4. LIMITED COLLECTION
The collection of Personal Information will be limited to that which is necessary for the purposes identified by Workbook. Information will be collected by fair and lawful means.
Workbook will specify the type of Personal Information collected as part of their information-handling policies and practices. Personal Information collected may include, but is not limited to, your first and last name, your postal and email address, your telephone number and information about your credit card.
Workbook may establish a file on you.
Workbook, when establishing a file on you or recording Personal Information in such a file, will make an entry indicating the source of any Personal Information collected from a third person when the third person is a person carrying on an enterprise. The entry is part of your file.
Workbook may not refuse to respond to a request for goods or services or to a request relating to employment by reason of the applicant’s refusal to disclose Personal Information, except where:
- collection of that Personal Information is necessary for the conclusion or performance of a contract;
- collection of that Personal Information is authorized by law; or
- there are reasonable grounds to believe that the request is not lawful.
5. LIMITED USE, DISCLOSURE AND RETENTION
Personal Information will not be held, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.
Workbook will develop guidelines and implement procedures with respect to the retention and destruction of Personal Information. These guidelines and procedures will include minimum and maximum retention periods. (Workbook may be subject to legislative requirements with respect to retention periods.)
For instance, in the carrying on of its enterprise, Workbook’s authorized employees, mandataries or agents or any supplier in a contract with Workbook for work or services may have access to Personal Information without your consent if the Personal Information is needed for the performance of their respective duties or the carrying out of their respective mandates or contracts.
Workbook may, without your consent, disclose Personal Information contained in a file to an archival agency if the archival agency is a person whose object is the acquisition and preservation of documents for their general informational value and if the Personal Information is disclosed as part of the transfer or deposit of the archives of Workbook.
Personal Information may also be disclosed without your consent for research purposes if the documents containing the Personal Information are not structured so as to allow the retrieval by reference to your name or identifying code or symbol and the Personal Information cannot be retrieved by means of such a reference.
Any person holding Personal Information on behalf of Workbook may refer to the latter every request for access or rectification received from an Individual to whom Personal Information relates.
Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Personal Information that is used on an ongoing basis, including Personal Information that may be disclosed to third parties, will be generally accurate and up-to-date, unless limits to the requirement for accuracy are set out.
Workbook will not routinely update Personal Information, unless such a process is necessary to fulfil the purposes for which the Personal Information was collected.
The extent to which Personal Information will be accurate, complete and up-to-date will depend upon input (i) from you or (ii) resulting from data generated by you using Workbook products or services, and the use of the Personal Information, taking into account your interests.
Personal Information will be protected by security safeguards appropriate to the sensitivity of the Personal Information.
Workbook will take the security measures necessary to ensure the protection of the Personal Information collected, used, disclosed, held or destroyed and that are reasonable given the sensitivity of the Personal Information, the purposes for which it is to be used, the quantity and distribution of the Personal Information and the medium on which it is stored.
The security safeguards of Workbook 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 Personal Information that has been collected, the amount, distribution and format of the Personal Information and the method of storage.
The methods of protection will include:
- physical measures (such as restricted access to offices);
- organizational measures (such as security clearances); and
- technological measures (such as the use of passwords).
Workbook will make its employees aware of the importance of maintaining the confidentiality of Personal Information, and care will be used in the disposal or destruction of Personal Information, to prevent unauthorized parties from gaining access to the Personal Information.
Workbook will make readily available to you specific information about its policies and practices relating to the management of Personal Information.
Workbook is open about its policies and practices with respect to the management of Personal Information. You will be able to acquire information about Workbook’s policies and practices without unreasonable effort. This information will be made available in a form that is generally understandable.
The information made available includes:
- the name or title and the address of the individual who is accountable for Workbook’s policies and practices and to whom complaints or inquiries can be forwarded;
- the means of gaining access to Personal Information held by Workbook;
- a description of the type of Personal Information held by Workbook, including a general account of its use; and
- what Personal Information is made available to related organizations (for example, affiliates such as subsidiaries and parent organizations).
Workbook may make available information on its policies and practices regarding Personal Information protection in a variety of ways. The method chosen depends on the nature of its business and other considerations.
9. INDIVIDUAL ACCESS
Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will generally be given access to that Personal Information. You will be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
Upon request, Workbook will inform you whether or not Workbook holds Personal Information about you and may indicate the source of this Personal Information. Workbook will generally allow you access to this Personal Information. You may be required to provide sufficient information to permit Workbook to provide an account of the existence, use and disclosure of Personal Information.
You are entitled to obtain that any Personal Information collected otherwise than lawfully be deleted.
No request for access, rectification or deletion may be considered unless it is made in writing by you when you prove that you are the individual concerned (or the representative, heir or successor of that individual, or the liquidator of the succession, a beneficiary of life insurance or of a death benefit).
Workbook, when holding a file that is the subject of your request for access, rectification or deletion, will respond to that request within a reasonable time after receipt of the request. The requested information will be provided or made available in a form that is generally understandable. (For example, if Workbook uses abbreviations or codes to record Personal Information, an explanation will be provided.)
In certain situations, Workbook may not be able to provide access to all the Personal Information it holds about you. Exceptions to the access requirement are meant to be limited and specific. The reasons for denying access will be provided to you upon request.
Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial reasons and information that is subject to attorney-client or litigation privilege.
Workbook may refuse to give communication of Personal Information to you where disclosure of the Personal Information would be likely to hinder an inquiry the purpose of which is the prevention, detection or repression of crime or statutory offences.
Workbook will refuse to give communication of Personal Information to you where (i) disclosure would be likely to reveal Personal Information about a third person or the existence of Personal Information and (ii) the disclosure may seriously harm that third person, unless the latter consents to the disclosure of the Personal Information or in the case of an emergency that threatens the life, health or safety of an individual.
A reasonable charge may be required when requesting the transcription, reproduction or transmission of Personal Information.
10. CHALLENGING COMPLIANCE
You may address a challenge concerning Workbook’s compliance with this Policy to the designated individual(s) accountable for such compliance.
Workbook has put procedures in place to receive and respond to complaints or inquiries about its policies and practices relating to the handling of Personal Information. The complaint procedures are meant to be easily accessible and simple to use.
Workbook will inform individuals who make inquiries or lodge complaints of the existence of the relevant complaint procedures.
Workbook will investigate all complaints. If a complaint is found to be justified, Workbook will take appropriate measures, including, if necessary, amending its policies and practices.
When a challenge is not resolved to your satisfaction, the substance of the unresolved challenge will be recorded by Workbook.