1.1 Our Commitment to Privacy Practices
- explains Output’s practices for the collection, use, disclosure and protection of Personal Information by Output; and
- provides information on how to access, correct and update Personal Information and who to contact with privacy related questions, comments or complaints.
1.3 Applicable Legislation
2. WHAT IS PERSONAL INFORMATION
2.1 Defined Terms
- “Personal Information” means information about an identifiable individual or information that can identify an individual, including Employee Personal Information, such as someone’s name, home address, social insurance number, gender, income or family status but does not include:
(i) Contact Information; or
(ii) Work Product Information.
- “Contact Information” means information that allows an individual to be contacted in a business capacity as a representative of a particular business, such as the name, position name or title, business telephone number, business address, business e-mail and business fax number for the individual.
- “Employee Personal Information” means information Output collects, uses or discloses that is reasonably required to establish, maintain, manage or terminate an employment relationship between an employee and Output.
- “Work Product Information” means information prepared or collected by an individual or group of individuals as part of the individual’s or group’s responsibilities or activities related to the individual’s or group’s employment or business but does not include personal information about an individual who did not prepare or collect the information.
- “data controller” and “data processor” are with respect to EU citizens for which Output may be a data processor for its customer who is a data controller.
3. COLLECTION, USE, DISCLOSURE OF PERSONAL INFORMATION
3.1 Why do we Collect and Use Personal Information?
Output collects and uses Personal Information:
- Customer Purposes
(i) To verify customer identity.
(ii) To provide requested services or products and manage the customer relationship.
(iii) To communicate with the individual regarding activity on Output’s platform on which the individual is registered (either individually or through its employer).
(iv) To provide periodic updates regarding Output products and services that may be of interest to a customer.
(v) To register and manage an individual as a user on the Output platform so the individual may participate as a user in the platform environment.
- Marketing Purposes
(i) To verify a potential customer’s identity in order for Output’s platform to function, such as uploading and collecting innovative ideas that are then stored into Output’s environment for use by the customer.
(ii) To compute demographics for internal marketing purposes in order to help us determine what products or services you might like.
(iii) To coordinate promotional activities when we have a special offer for our products or services.
(iv) To provide potential customers with information regarding Output products and services.
- Employment Purposes
(i) To verify employee identity for security, payroll and other requirements to administer the employment relationship. Output discloses Employee Personal Information to its automatic pay deposit program provider.
(ii) To conduct background (including criminal records) and reference checks when an offer of employment has been made to an individual that is subject to such checks.
(iii) To enroll eligible employees in Output’s benefits package and automatic pay deposit program, Output discloses Personal Information to its third party benefits provider.
(iv) To establish and manage the employment relationship between Output and its employee with respect to position requirements, tools necessary for an employee to perform his or her duties, compensation, performance reviews, promotions and disciplinary actions.
Personal Information may only be used by Output in connection with the purposes set out in this Section 3.1. Output will request from the individuals to which the Personal Information relates in the event it wishes to use Personal Information for any other purpose.
3.2 What Type of Personal Information do we Collect and Use?
- Customer Personal Information
We collect an individual’s name, email address, location (if enabled by user’s IP configuration) and information provided by the individual when he or she is registered on the platform, such as a job title, innovation challenge contributions, comments and other participation activity on the platform.
- Potential Customer Personal Information
We collect the name, email address and location (if enable by user’s IP configuration).
- Employee Personal Information
We collect the name, home mailing address, home phone number, personal email address, employment, date of birth and character references and social insurance number (or equivalent in employee resides in another country).
3.3 Restrictions to our Collection, Use and Disclosure
- Other than for the purposes set out in Section 3.1, Output will not disclose your Personal Information to third parties without your consent to do so.
- Subject to Section 3.6, Output will only collect, use and disclose Personal Information that is necessary to fulfill the purposes identified in Section 3.1 hereof unless it has obtained your consent for another purpose.
- Output will only collect, use or disclose Personal Information in accordance with Privacy Legislation.
- Output will not sell or rent Personal Information unless it has obtained the consent of the individuals to which the Personal Information applies in accordance with Privacy Legislation, as the case may be.
3.4 When We are Required to Disclose Personal Information
- Output reserves the right to disclose Personal Information if required to do so by law or in the good faith belief that such action is reasonably necessary to comply with law, respond to claims or to protect the rights, property or safety of Output, its partners, affiliates and each of their respective directors, officers, agents, employees and customers, or the public.
- Output will disclose personal information where authorized by Privacy Legislation or where otherwise required by law. Examples of a legal requirement to disclose Personal Information include, without limitation, a court order, subpoena or search warrant.
3.5 Obtaining Consent to Collect, Use and Disclose Personal Information
- By submitting Personal Information to Output, you acknowledge and agree that you have consented to the collection, use and disclosure practices set out in this Privacy Statement as they relate to your Personal Information.
- Individuals may consent to the collection, use and/or disclosure of Personal Information orally, in writing or electronically depending on the nature and sensitivity of the Personal Information.
- Individuals may change or withdraw their consent at any time by giving Output reasonable notice. Such notice must be in writing and delivered to Output’s Privacy Officer (see Section 5.1 for contact information). Please be advised that by changing or withdrawing consent, individuals may be limiting Output’s ability to serve them. Further, individuals outside the EU can not withdraw their consent where doing so would frustrate performance of a legal obligation (such as a contract between Output and the individual).
3.6 Collection, Use and Disclosure of Personal Information Without Consent – for Canadian Individuals only:
- Output does not collect Personal Information without the consent of the individual(s) to which the Personal Information relates.
- Output may collect and use Personal Information about an individual without consent or from a source other than the individual, if:
(i) the Personal Information is necessary to facilitate the collection of a debt owed to Output or the payment of a debt owed by Output;
(ii) the Personal Information is collected and used for the purposes of Output providing services to a third party if:
(A) the third party is providing the information to Output and has obtained consent of the individuals (or will be relying on Output to obtain the consent); and
(B) the information is necessary for the purposes of providing those services.
- For Canadian individuals, Output may collect and use Personal Information from or on behalf of another organization without consent of the individual to whom the Personal Information relates, if the individual previously consented to the collection or use of the Personal Information and the Personal Information is disclosed to or collected or used by Output solely:
(i) for the purposes for which the Personal Information was previously collected; and
(ii) to assist Output to carry out work on behalf of the other organization, and
- Output may collect Employee Personal Information without consent of the individual if the collection is reasonable for the purposes of establishing, managing or terminating an employment relationship between Output and the individual.
3.7 Retention of Personal Information
- Output will retain Personal Information of:
(i) customers for a period of Five (5) years from the date the individual ceases to be a customer of Output; or
(ii) Employees for a period of Seven (7) years from the date the individual ceases to be an employee of Output,
but otherwise Output will only retain Personal Information for as long as necessary to fulfill the purposes identified in Section 4. or as long as required by applicable law.
3.8 Security of Personal Information
- Output employs security practices to help protect the privacy and confidentiality of your Personal Information in the possession of Output, namely:
(i) Personal Information of customers is secured in company computer databases accessible by authorized personnel only.
(ii) Personal Information of potential customers is secured “off-site” with a bonded database manager and on secure company computer databases accessible by authorized personnel only.
(iii) Employee Personal Information is secured in company databases and locked offices or cabinets accessible by authorized personnel only.
- Output considers Personal Information provided by you to be private and confidential and accordingly, Output treats Personal Information with care.
- Output will use reasonably secure methods whenever it destroys Personal Information.
3.9 Accuracy of Personal Information
- Output will use reasonable efforts to ensure that your Personal Information is accurate and current.
- At any time, you may request that Output correct or update your Personal Information by delivering a request in writing to Output’s Privacy Officer (see Section 5.1 for contact information). Output may not charge any fee in connection with the correction of Personal Information.
- If Output is satisfied that an individual’s request for correction is reasonable, Output will correct the Personal Information as soon as reasonably possible.
- Output will, as soon as reasonably possible, also send an individual’s corrected Personal Information to each organization it was disclosed to during the One (1) year before Output corrected it.
- If Output does not correct an individual’s Personal Information, it will note the requested correction on copies of the Personal Information under Output’s custody or control.
3.10 Rights of Individuals
- Individuals have the right to access their Personal Information under Output’s custody or control. For an individual to obtain access to Personal Information about that individual, he or she must make a written request to Output’s Privacy Officer (see Section 5.1 for contact information) setting out sufficient detail to enable Output, with a reasonable effort, to identify the information in respect of which the written request is made. The applicant may ask for a copy of the record, or ask to examine the record, that contains Personal Information about the applicant.
- Attached as Schedule “A” is a Request for Access to Personal Information Form which individuals may use in connection with their request for access to Personal Information. Attached as Schedule “B” is a Request for Erasure Form” which individuals may use in connection with their request for all or certain information to be deleted.
- Individuals have the right to have all or part of their Personal Information deleted, transferred to another data controller, may request the logic behind certain processing of their Personal Information and object to it in certain circumstances, and not be subject to automated processing of Personal Information (unless required under contract where Output is a data processor for a third-party data controller).
- Output may require individuals to prove their identity before performing the above requests.
- Where an individual makes a request, Output will provide the individual with access to:
(i) the individual’s Personal Information contained in a record in its custody or control;
(ii) the purposes for which the Personal Information has been and is being used by Output; and
(iii) the names of the persons to whom and circumstances in which the Personal Information has been and is being disclosed.
Output is entitled to charge a “minimal” fee for providing an individual with access to his or her Personal Information. If a fee is required, Output will provide the applicant with a written fee estimate. The applicant’s request will not be processed until the fee has been accepted by the applicant and where a deposit is required, the deposit is paid. If Output has provided an applicant with a fee estimate and has not received a response from the applicant within Thirty (30) calendar days from the day the estimate was provided to the applicant, Output will consider the applicant’s request to have been withdrawn. The balance of the fee owing by an applicant is payable at the time the information is delivered to the applicant.
Output may not charge a fee in connection with a request for Employee Personal Information.
- Response Time
Output will respond to all requests for Personal Information within Thirty (30) business days after it is requested. Output may extend the response period by up to Thirty (30) additional calendar days in the following circumstances:
(i) the applicant has not provided enough detail to enable Output to identify the Personal Information or the record relation to the Personal Information;
(ii) a large amount of Personal Information is requested or must be searched;
(iii) meeting the time limit would unreasonably interfere with Output’s operations; or
(iv) Output requires additional time to consult with another organization or government agency before making a decision on provided access to Personal Information.
In the event Output extends the response period as provided herein it will provide the applicant with written notice of its reason(s) for the extension and the time period within which the applicant can expect a response from Output. The applicant may request that the applicable Privacy Commissioner to review Output’s decision to extend the response time.
- Refusal to Respond
In some cases, Output may refuse to give an individual access to certain Personal Information where authorized or required by BC PIPA or AB PIPA, as the case may be. For example, Output may refuse to provide access to Personal Information that:
(i) is subject to legal privilege;
(ii) would reveal confidential commercial information;
(iii) was collected for an investigation or legal proceeding;
(iv) if disclosed, might result in that type of information no longer being provided to the organization, when it is reasonable that the information be provided;
(v) was collected by a mediator or arbitrator, or during the conduct of a mediation or arbitration; or
(vi) relates to or may be used in the exercise of prosecutorial discretion.
(vii) Output will not provide access to Personal Information where disclosure:
(viii) could reasonably be expected to threaten the life or security of another individual;
(ix) would reveal Personal Information about an individual other than the applicant; or
(x) would reveal the identity of an individual other than the applicant who has provided an opinion in confidence about the applicant, and has not consented to the disclosure of his or her identity.
If Output refuses an access request, it will provide the applicant with written notice of its refusal, state the reasons for its refusal and outline any further steps available to the applicant in connection with the access request.
5. QUESTIONS or COMPLAINTS
5.1 Privacy Officer
Output’s Privacy Officer is responsible for Output’s compliance with its obligations in connection with the collection, use and disclosure or Personal Information. If you have a question or complaint in connection with the collection, use or disclosure of Personal Information by Output or its affiliates and subsidiaries, please contact the Privacy Officer as follows:
Output Services Inc.
170-422 Richards Street
Vancouver, British Columbia
Attention: Dan Pichette, Privacy Officer
5.2 Privacy Commissioners
In the event you are not satisfied with our response to your request or complaint in connection with the collection, use or disclosure of your Personal Information, you can make a complaint with the Privacy Commissioner for the Province of British Columbia or Alberta, as the case may be, as follows:
Office of the Information and Privacy Commissioner for British Columbia
PO Box 9038, Stn. Prov. Govt.
Victoria, British Columbia V8W 9A4
Phone: (250) 387-5629
For toll-free access call Enquiry BC at one of the numbers
listed below and request a transfer to (250) 387-5629:
Vancouver: (604) 660-2421
Elsewhere in BC: (800) 663-7867
Fax: (250) 387-1696
Web Site: www.oipc.bc.ca
Office of the Information and Privacy Commissioner for Alberta
Suite 500, 640 – 5th Avenue SW
Calgary, Alberta T2P 3G4
Phone: (403) 297-2728
Fax: (403) 297-2711
Toll Free: 1-888-878-4044
Web Site: www.oipc.ab.ca
Information Commissioner’s Office.