This Policy describes collection, use and/or disclosure of personal information by Primus.
It governs the behavior of employees and agents acting on Primus Management ULC's (Primus) behalf when dealing with personal information. It provides procedures for an individual's access to and correction of personal information.
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.
Accountability for Primus compliance with the principles
rests with the senior management of Primus 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.
Primus senior management has designated the following
person to act as Privacy Officer to oversee the organization’s
compliance with the principles:
Attention: Primus LEGAL DEPARTMENT c/o Privacy Officer
Primus Management ULC
5343 Dundas Street West Toronto, ON, M9B 6K5
Primus is responsible for personal information in its possession
or custody, including information that has been transferred
to a third party for processing. Primus will
use contractual or other means to provide a comparable level
of protection while the information is being processed by
a third party.
Primus will implement policies and practices to give effect to the principles, including:
Primus collects personal information only for the following purposes (“identified purposes”):
Primus will provide notice of the identified purposes either orally, electronically or writing prior to or at the time of collection of the
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 Primus who will explain the purposes.
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, Primus will obtain the consent
of the individual before information is used for that new purpose.
Occasionally, Primus 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 Primus in electronic, printed or verbal format (other than information included with your monthly bills), simply inform us in writing at Primus 5343 Dundas St. West, Suite 400, Toronto ON, M9B 6K5 or by visiting http://www.primustel.ca/optout
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, Primus
Canada 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.
Primus 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 Primus wants to use
information for a purpose not previously identified).
Primus 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.
Primus 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
fulfil the explicitly specified and legitimate purposes.
The form of consent sought by Primus may vary, depending
upon the circumstances and the type of information disclosed. In
determining the form of consent to use, Primus 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.
Primus 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.
An individual may withdraw consent at any time, subject to legal
or contractual restrictions and reasonable notice. Primus will inform the individual of the implications of
such withdrawal. In order to withdraw consent, an individual
must provide notice to Primus in writing.
this Policy will constitute reasonable notice to Primus current customers and employees of the purposes
and uses for which such personal information has been collected. Should
an individual object to these ongoing uses or disclosures,
consent may be withdrawn upon providing notice to Primus in writing.
Primus collects personal information from its customers and employees for the purposes described under Principle #2.
Primus 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.
In connection with its Internet business, Primus may
use a ‘Cookie’ to collect certain information
which it uses to track user patterns on its web site(s). A
Cookie is a text file containing a unique identification
number that identifies a user’s browser, but not a
particular individual. A Cookie does not identify
an individual. Furthermore, Primus does not
personally identifiable information. If an individual
browser to either provide notification or refuse to accept
Canada may collect, use or disclose personal information
without the individual’s knowledge or consent in certain
circumstances as described in Principle #3.1.
Primus may disclose a customer’s personal information to:
Primus may disclose an employee’s personal information in the following circumstances:
|5.4||Certain Primus employees may be given access to customer and/or employee information in so far as their duties require access for business purposes. Primus 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.|
Primus will retain personal information for only as long as required to fulfil the identified purposes or as required by law.
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 Primus.
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.
Primus will not routinely update personal information unless
such a process is necessary to fulfil the purposes for
which the information was collected.
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.
Primus 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.
Primus protects all personal information regardless of
the format in which it is held. The methods of protection
Primus makes their employees aware of the importance of
maintaining the confidentiality of personal information. Primus 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.
Primus will use care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information.
Primus will make its policies and practices with respect
to the management of personal information easily comprehensible
and accessible, by providing upon request:
by mail, or in a brochure format at its place of business. Furthermore,
Primus Customer Services Representatives of Primus
will be trained to answer requests at the Primus
toll-free customer service telephone number.
Upon request, Primus 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.
Primus will allow the individual access to his or her personal
information once the individual has provided Primus
with a written request application. Primus
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 Primus
to provide an account of the existence, use, and disclosure
to any third parties of this personal information. Primus will use the application only for this purpose.
Primus 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.
Primus 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 of the organizations to which it has
actually disclosed information about an individual, Primus will provide a list of organizations to which it
may have disclosed information about the individual.
In certain instances, Primus will not be able to provide
the individual access to his or her personal information. For
example, Primus 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, Primus
will provide reasons for denying any access to personal
When an individual successfully demonstrates the inaccuracy
or incompleteness of personal information, Primus
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.
When a challenge is not resolved to the satisfaction of the
individual, Primus 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.
Primus will maintain procedures to receive and respond
to complaints or inquiries about its policies and practices
relating to the handling of personal information. Primus will make every effort to ensure that its procedures
are easily accessible and simple to use.
Primus will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
The person or persons accountable for compliance with this
before providing a final response to individual complaints.
Primus will investigate all complaints. If a complaint
is found to be justified, Primus will take appropriate
measures, including, if necessary, amending its policies
§ The Personal Information Protection and Electronic Documents Act governs the collection, use and disclosure of personal information in the commercial sector.
§§ Under the Act, Primus is required to adhere to ten privacy principles set out in the National Standard of Canada, Model Code for the Protection of Personal Information.