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Revised: August 2006
Organization reserves the right to modify this Policy at any time and will provide reasonable notice of the revised Policy, specifically by posting at Organization’s Web site at www.trendwest.com/legal/policy-canada. This Policy may be supplemented or modified by agreements or communications entered into between Organization and an individual from time to time. Each individual accessing this Web site or any Web site linked to or document referencing this Policy (“you” or “User”) is responsible for reviewing this Policy each time the individual accesses the applicable Web site or reviews or completes a document referencing this Policy to check for updates to this Policy.
In this Policy, “Personal Information” means any information about an identifiable individual, as further defined under applicable Canadian laws.
The Privacy Officer is responsible for ensuring Organization’s compliance with this Policy. If you have any questions regarding this Policy or regarding Organization’s use of Personal Information, please contact our Privacy Officer:
By mail: Privacy Officer/Legal
Except where otherwise required or permitted by law, Organization will, prior to collecting, using or disclosing an individual's Personal Information, inform individuals of the purposes for the collection, use, or disclosure of the Personal Information.
Organization collects information about individuals through various means, including directly from individuals and from other sources that represent that they have the right to disclose the information or as otherwise permitted by law. The type of information collected will vary depending on the means through which a customer submits his or her Personal Information. The type of information collected may include contact information (such as name, residential address, e-mail address or home phone number), financial information (such as bank account or credit card numbers), demographic information (such as age, occupation or income level) and other information that is used by Organization to provide services (such as your WorldMark Credit balance and usage history). For security reasons, Organization may also utilize video or other surveillance means to monitor its premises from time to time.
Organization uses information collected from individuals to: (a) establish and maintain a responsible business relationship; (b) better understand customer needs and preferences; (c) develop market opportunities or provide products and services; (d) meet legal and regulatory requirements; and (e) satisfy additional purposes that may be identified at or before the time that the information is collected.
Requirements for consent to collection, use, or disclosure of Personal Information vary depending on the circumstances and on the type of Personal Information that is intended to be collected, used, or disclosed. In determining whether consent is required and, if so, which form of consent is appropriate, Organization will take into account both the sensitivity of the Personal Information at issue and the purposes for which Organization will use the information. Consent may be express, implied (including through use of “opt-out” consent where appropriate), or deemed. For example, if an individual provides his or her mailing address and requests information regarding a particular product, consent to use the address to mail product information to the individual is implied.
On giving reasonable written notice to Organization, an individual may withdraw consent to the collection, use, or disclosure of his or her Personal Information. However, your withdrawal of consent may limit your ability to access certain products or services. Except where otherwise required or permitted by law, Organization will then stop collecting, using or disclosing the individual's Personal Information.
Except where required or permitted by law, Organization will limit the collection of Personal Information to that which is reasonably necessary to fulfill the purposes for which it is collected. Personal Information will be collected by fair and lawful means.
Except with the consent of the individual or as required or permitted by law, Organization will use or disclose Personal Information to other parties, including to affiliated and non-affiliated parties within and outside of Canada, only as is reasonably required to provide products, services, or information to individuals. For example, Organization may disclose mailing information to a shipping service provider in order to ship products to the individual or may provide order information to a financial institution in order to process payment for products or services. Organization will take appropriate steps to ensure that such recipients safeguard the Personal Information and use the information only for authorized purposes. Organization may also disclose Personal Information to insurers or to legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations.
Unless otherwise prohibited by law or our contractual obligations, we may disclose Personal Information if required to do so by law, court order, or as requested by a governmental or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable. Situations may include: to perform, maintain or enforce contracts with our customers, to protect the rights or properties of our business affiliates, our customers or others, or when we have reason to believe that disclosing the Personal Information is necessary to identify, contact or bring legal action against someone who may be causing or who may be threatening to cause interference with or damage to our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
Once Personal Information is no longer required to fulfill its intended purposes, and is no longer required or permitted to be retained for legal or business purposes, it will be destroyed, erased, or made anonymous.
Organization will make reasonable efforts to ensure that any Personal Information collected by it, or on its behalf, is accurate and complete, particularly where the Personal Information is likely to be used by Organization to make a decision that affects the individual to whom the Personal Information relates or if the information is likely to be disclosed to a third party.
Upon written request, an individual may request Organization to correct an error or omission in the Personal Information that is under Organization's control. If Organization is satisfied on reasonable grounds that a correction should be made, Organization will amend the information as requested as soon as reasonably possible, and it will send the corrected information to each organization to which it has disclosed that information during the year prior to the date of correction.
Organization will protect Personal Information with security safeguards appropriate to the sensitivity of the information. Security safeguards are employed to protect Personal Information against loss, theft, and unauthorized access, collection, use, disclosure, copying, modification, disposal, or similar risks. The nature of the safeguards will vary depending on the sensitivity of the Personal Information, and may include physical security measures and technological measures.
Organization will inform employees about Organization's policies and procedures for protecting Personal Information and employees will be required to comply with this Policy.
Upon request, Organization will make information available about its Personal Information policies and practices and about its complaint process.
Upon written request, with sufficient detail to enable Organization to confirm the identity of the individual and to identify the Personal Information being sought, Organization will inform an individual of the existence, use, and disclosure of his or her Personal Information that is under Organization's control and will, unless otherwise prohibited or permitted by law, provide the individual with access to such information. Organization will respond to all requests within 30 days. Organization may extend the time limit with the Privacy Commissioner’s permission or as otherwise permitted by law. Organization may charge a fee for access to the individual’s Personal Information.
An individual may direct a complaint concerning compliance with this Policy to Organization’s Privacy Officer, and the complaint must be in writing.
Within a reasonable time of receipt of the complaint, the Privacy Officer will conduct an investigation into the complaint. The format of the investigation will vary depending on the circumstances and may or may not involve an interview of the complainant or Organization employees conducted by the Privacy Officer.
Within a reasonable time of conclusion of the investigation, the Privacy Officer will inform the complainant, either verbally or in writing, that the complaint is either: (a) denied (if, in the Privacy Officer’s reasonable opinion, it has no merit) or (b) allowed (if, in the Privacy Officer’s reasonable opinion, the complaint is valid).
If the Privacy Officer allows the complaint, Organization will take appropriate measures to correct its Personal Information practices.
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