1.1. 0971197 B.C. Ltd., doing business as “Roundhouse Radio” (“RHR”) is a low-power FM radio station broadcasting at 98.3 FM, serving the City of Vancouver.
1.2.1. to demonstrate RHR’s commitment to maintaining the accuracy, confidentiality, security and privacy of the personal information of RHR’s Customers and Employees; and
1.2.2. to provide RHR’s Customers and Employees with access to RHR’s policies to help them make educated decisions with regards to their interactions with RHR.
1.3.1. the Canadian Standards Association Model Code for the Protection of Personal Information, CAN/CSA-Q830-96 (the “CSA Code”); and
1.3.2. the requirements of the Personal Information Protection and Electronic Documents Act of Canada.
2. Important Terms
2.1. “Collection” means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means;
2.2. “Consent” means the voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of RHR. Implied consent is consent that can reasonably be inferred from an individual’s action or inaction
2.3. “Customer” means an individual who:
2.3.1. uses, or applies to use, the products or services of RHR;
2.3.2. corresponds with RHR; or
2.3.3. enters a contest sponsored by RHR;
2.4. “Disclosure” means making personal information available to a third party;
2.5. “Employee” means an employee, contractor or pensioner of RHR;
2.6. “Non-identifiable Information” means information that cannot be associated with, or traced back to, a specific person including, but not limited to, anonymous aggregated information obtained through “cookies” which measure website visitor traffic patterns.
2.7. “Personal information” means information about an identifiable individual but not aggregated information that cannot be associated with a specific individual. Specifically:
2.7.1. for a Customer, such information includes a Customer's credit information, billing records, service and equipment records, and any recorded complaints; and
2.7.2. for an Employee, such information includes information found in personal employment files, performance appraisals and medical and benefits information;
and does not include:
2.7.3. information that is publicly available, such as a Customer’s name, address and telephone number when listed in a directory or made available through directory assistance;
2.7.4. the name, title or business address or telephone number of an Employee of an organization; or
2.7.5. other information about a Customer or an Employee that is publicly available and is set out in Regulations made pursuant to the Personal Information Protection and Electronic Documents Act;
2.8. “Third Party” means an individual other than the Customer, Employee or his or her agent, or an organization other than RHR or their agents; and
2.9. “Use” means the treatment, handling, and management of personal information by RHR and their agents.
3. Scope and Application
4. Collection Personal Information
4.1. The knowledge and consent of a Customer or Employee are required for the use or disclosure of personal information, except where inappropriate or unnecessary.
4.3. RHR collects personal information only for the following purposes:
4.3.1. to facilitate contests and other promotional activities;
4.3.2.to provide marketing materials (email newsletters, for example), to those Customers who consent to outbound marketing;
4.3.3. to establish and maintain responsible commercial relations with Customers and to provide ongoing service;
4.3.4. to understand Customer needs and preferences, and determine eligibility for products and services;
4.3.5. to recommend particular products and services to meet Customer needs;
4.3.6. to develop, enhance, market or provide products and services;
4.3.7. to manage and develop their business and operations, including personnel and employment matters; and
4.3.8. to meet legal and regulatory requirements
(each, an “identified purpose”).
4.4. RHR shall limit the collection of personal information to that which is necessary for the purposes identified and will update such personal information from time-to-time to ensure sufficient accuracy to fulfill the identified purpose or upon notification by the individual.
4.5. RHR shall collect personal information by fair and lawful means. Personal Information may be collected in the following ways:
4.5.1. when an Employee is hired by RHR;
4.5.2. when a Customer visits RHR’s website;
4.5.3. when a Customer becomes a member of an RHR club;
4.5.4. when a Customer enters a contest or other promotion;
4.5.5. when a Customer subscribes to RHR’s email newsletters;
4.5.6. when a Customer responds to, comments on or likes an online post, picture, or questionnaire;
4.5.7. when a Customer participates in an interactive online activity (including games, chatrooms, bulletin boards, etc.);
4.5.8. when a Customer participates in an interactive on-location activity; or
4.5.9. when a Customer contacts RHR to make requests, comments or ask questions.
5. Use and Disclosure of Personal Information
5.1. The knowledge and consent of a Customer or Employee with regards to the specific use of the individual’s personal information are required for the use or disclosure of personal information, except where inappropriate or unnecessary, for example:
5.1.1. if it is clearly in the interests of the individual and consent cannot be obtained in a timely way;
5.1.2. if the consent of the individual might defeat the purpose of collecting the information;
5.1.3. in the case of an emergency where the life, health or security of the individual or a Third Party is threatened; or
5.1.4. if required by law.
5.2. Consent may be obtained by RHR’s Customer or Employee prior to or after collection of such information and may be explicit or implied. Consent may be withdrawn by RHR’s Customer or Employee at any time, subject to the legal or contractual restrictions and reasonable notice.
5.3. RHR may disclose a Customer’s personal information to:
5.3.1. another telecommunications company for the efficient and effective provision of telecommunications services;
5.3.2. a company involved in supplying the Customer with communications or communications directory related services;
5.3.3. another person for the development, enhancement, marketing or provision of any of the products or services of RHR;
5.3.4. an agent retained by RHR to evaluate the Customer’s creditworthiness or to collect a Customer's account;
5.3.5. credit grantors and reporting agencies;
5.3.6. a person who, in the reasonable judgment of RHR, is seeking the information as an agent of the Customer; and
5.3.7. a third party or parties, where the Customer consents to such disclosure or disclosure is required or permitted by law.
5.4. RHR may disclose personal information about its Employees:
5.4.1. for normal personnel and benefits administration;
5.4.2. in the context of providing references regarding current or former Employees in response to requests from prospective employers; or
5.4.3. where disclosure is required or permitted by law.
5.5. In some cases, personal information collected by RHR may be stored or processed outside of Canada to provide service or to support RHR operations, and may therefore be subject to the legal jurisdiction of these countries. The information is provided only after detailed contracts are set out with the companies that provide us with these services. Moreover, the information may only be used for the purposes of providing the services in question. When outsourcing certain functions, RHR strives to minimize the personal information stored or processed outside of Canada. Wherever possible, RHR anonymize any personal information stored or processed outside Canada, such that the data cannot be associated with identifiable individuals.
5.6. Only those Employees of RHR who require access for business reasons, or whose duties reasonably so require, are granted access to personal information about Customers and Employees.
6. Storage of Personal Information
6.1. RHR shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a Customer or Employee, RHR shall retain, for a period of time that is reasonably sufficient to allow for access by the Customer or Employee, either the actual information or the rationale for making the decision.
6.2. RHR shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
7. Security and Safeguards
7.1. RHR shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.2. RHR shall protect the information regardless of the format in which it is held.
7.3. All Employees of RHR with access to personal information shall be required as a condition of employment to respect the confidentiality of personal information.
7.4. RHR shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information, the purposes for which it is to be used, limits on the number of persons whose job function requires access to the information, and the physical and procedural security measures required to safeguard that information.
8. Compliance and Accountability
8.2. Upon request from a RHR Customer or Employee, RHR shall inform that individual of the existence, use and disclosure of his or her personal information. RHR shall give the individual access to such personal information, with sufficient proof of identity and in a reasonable period of time, except if providing access to such information would constitute a breach of contract with a third party or would likely reveal personal information about a third party. The RHR Customer or Employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9. Contact Information
If you would like more information on RHR’s commitment to privacy or have questions or concerns about your privacy, please feel free to contact us at 604-449-7983 or firstname.lastname@example.org and our Customer service representatives will be delighted to help you.
If you still have unresolved privacy concerns, you can write to:
Don Shafer (CEO)
If Don Shafer does not resolve the issue to your satisfaction, you can contact:
The Office of the Privacy Commissioner of Canada
112 Kent Street, Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario K1A 1H3
For copies of the CSA Model Code for the Protection of Personal Information contact:
Canadian Standards Association
5060 Spectrum Way, Suite 100
Mississauga, Ontario L4W 5N6