Personal Information Protection Policy
Night Owl Recording
This version in effect since July 1, 2013
At Night Owl Recording (abbreviated as “NOR” in this document), we are committed to providing our customers with exceptional products and service. As providing these products and services involves the collection, use and disclosure of some personal information about our customers, protecting their personal information is one of our highest priorities.
While we have always respected our customers’ privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
We will inform our customers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting customers’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers’ personal information and allowing our customers to request access to, and correction of, their personal information.
Scope of this Policy This Personal Information Protection Policy applies to Night Owl Recording and also applies to any service providers collecting, using or disclosing personal information on behalf of NOR.
Definitions Personal Information – means information about an identifiable individual (for example: name, home address and phone number, credit history, credit card number, expiration date, etc.) Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Privacy Officer – means the individual designated responsibility for ensuring that Night Owl Recording complies with this policy and PIPA.
Section 1 – Collecting Personal Information 1.1 Unless the purposes for collecting personal information are obvious and the customer voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect customer information that is necessary to fulfill the following purposes:
· To verify identity;
· To verify creditworthiness;
· To identify customer preferences;
· To understand the situational, organizational, and logistical needs of our customers;
· To open and manage an account;
· To deliver requested products and services;
· To contact our customers regarding delivery of a product or service ordered;
· To ensure a high standard of service to our customers;
· To meet regulatory requirements;
· To collect and process product and service payments;
Section 2 – Consent 2.1 We will obtain customer consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally, in writing, electronically, or through an authorized representative. It may also be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a customer is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, or promotional activities, and the customer does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers can withhold or withdraw their consent for NOR to use their personal information in certain ways. A customers’ decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the customer in making the decision.
2.5 We may collect, use or disclose personal information without the customers’ knowledge or consent in the following limited circumstances:
· When the collection, use or disclosure of personal information is permitted or required by law;
· When the collection, use or disclosure of personal information is clearly in the best interest of the individual and consent cannot be obtained in a timely manner;
· In an emergency that threatens an individual's life, health, or personal security;
· When the personal information is available from a public source (e.g., a telephone directory);
· When NOR require legal advice from a lawyer;
· For the purposes of collecting a debt owed to NOR;
· To protect NOR from fraud;
· To investigate an anticipated breach of an agreement or a contravention of law;
· To assist NOR in carrying out work on behalf of a third party in which previous consent was given to the third party and only for the express purpose for which consent was given;
Section 3 – Using and Disclosing Personal Information 3.1 We will only use or disclose customer personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
· To contact our customers regarding products and services which they have ordered;
· To conduct customer surveys in order to enhance the provision of our services;
· To contact our customers directly about products and services that may be of interest;
· For the purposes of fulfilling any of the conditions described in section 2.5;
3.2 We will not use or disclose customer personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell customer lists or personal information to other parties.
3.4 Disclosure to third party service providers: In the process of meeting our customers’ needs and providing desired services, NOR may share customer personal information with certain third party service providers for the following purposes:
· To verify and validate information that the customer has provided to NOR;
· To provide products and services directly to the customer;
· To address customer service issues;
We will use reasonable efforts to ensure that your personal information is used in a manner that is consistent with the NOR Privacy Policy. Examples of third party service providers would include credit card issuers and processors, credit reporting agencies (for address verification purposes,) repair depots, warranty providers, certain manufacturers, and various delivery services. If you do not wish to provide your personal information to these service providers there may be certain situations where we may be unable to process the transaction or provide our services to you.
3.5 Night Owl Recording may disclose customer information as permitted or required by law. Examples of this would include but are not limited to:
· To comply with a subpoena, warrant, or order issued or made by a court, person, or body with jurisdiction to compel the production of personal information;
· To an entity, which may be a government institution or other person that has lawful authority to obtain the information;
· To a public body or a law enforcement agency concerning an offence under the laws of Canada or a province;
· To our internal or external legal counsel;
Section 4 – Retaining Personal Information 4.1 If we use customer personal information to make a decision that directly affects the customer, we will retain that personal information for at least one year so that the customer has a reasonable opportunity to request access to it.
4.2 Subject to Section 4.1, we will retain customer personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Section 5 – Ensuring Accuracy of Personal Information 5.1 We will make reasonable efforts to ensure that customers’ personal information is accurate and complete where it may be used to make a decision about the customer or disclosed to another organization.
5.2 Customers may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought. A request to correct personal information should be forwarded to the Privacy Officer as outlined in Section 8.2.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.
Section 6 – Securing Personal Information 6.1 We are committed to ensuring the security of customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that customer personal information is appropriately protected:
· Locked filing cabinets and offices where personal information is held
· Restricted employee access as appropriate
· Limited electronic access through the use of user IDs, passwords, SSL encryption, and firewalls.
Night Owl Recording does not store, retain, hold, copy, use, modify, or permanently record in any way personal credit card information. All credit card names, numbers, and expiry dates are provided by the customer solely for the purposes of completing their offer to purchase and are used by the third party credit card company for processing payment.
6.3 We will use appropriate security measures when destroying customers’ personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Section 7 – Providing Customers Access to Personal Information 7.1 Customers have a right to access their personal information, subject to limited exceptions allowed by the Personal Information Protection Act, Section 23 (3) and (4).
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. A request to access personal information should be forwarded to the Privacy Officer as outlined in Section 8.2.
Upon receiving such a request, NOR and the Privacy Officer will provide the customer with the following:
· Information you about what type of personal information we have on record, how it is used, and to whom it may have been disclosed;
· Reasonable access to your information so you can review and verify the accuracy and completeness and request changes to the information;
· Make any necessary updates and amendments to your personal information;
There may be instances when we will not be able to provide you with access to all of the Personal Information that you have requested. Examples are if the information:
· Contains references to other persons;
· Has already been destroyed in accordance with our policy of only keeping your information for as long as it is needed;
· Is subject to solicitor-client or litigation privilege;
You may also contact our Privacy Officer at any time to let us know that you do not wish to receive any further communication from us or to ask us to change your preferences regarding how we use or disclose your information.
7.3 Upon request, NOR will also tell customers how we use their personal information and to whom it has been disclosed if applicable.
7.4 NOR will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, NOR will inform the customer of the cost and request further direction from the customer on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, NOR will notify the customer in writing, providing the reasons for refusal and the recourse available to the customer.
Section 8 – Questions and Complaints: Privacy Officer 8.1 The Privacy Officer or designated individual is responsible for ensuring Night Owl Recording’s compliance with this policy and the Personal Information Protection Act.
8.2 Customers should direct any complaints, concerns or questions regarding Night Owl Recording’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the customer may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for Night Owl Recording’s Privacy Officer:
Joel Mohr
Partner
1901 East 8th Ave.
Vancouver, BC V5N 1T9
Cell: (604) 367-7480
Email : info@nightowlrecording.ca
If you have a complaint or a question for us: We are committed to setting the highest customer service standard within the retail industry. We hope you give us the opportunity to correct any situation that does not meet your expectations. If you have any concerns about privacy, confidentiality or our policies and procedures we want to know about it. All inquires relating to personal information will receive prompt attention and be acknowledged within five (5) business days.
It's all about trust Night Owl Recording will continuously assess ourselves to ensure that customer privacy is respected. We will conduct our business in a manner that meets the expectations of our customers in the many communities in which we do business.
Addendum - March 25, 2014
Night Owl Recording
This version in effect since July 1, 2013
At Night Owl Recording (abbreviated as “NOR” in this document), we are committed to providing our customers with exceptional products and service. As providing these products and services involves the collection, use and disclosure of some personal information about our customers, protecting their personal information is one of our highest priorities.
While we have always respected our customers’ privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
We will inform our customers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting customers’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers’ personal information and allowing our customers to request access to, and correction of, their personal information.
Scope of this Policy This Personal Information Protection Policy applies to Night Owl Recording and also applies to any service providers collecting, using or disclosing personal information on behalf of NOR.
Definitions Personal Information – means information about an identifiable individual (for example: name, home address and phone number, credit history, credit card number, expiration date, etc.) Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Privacy Officer – means the individual designated responsibility for ensuring that Night Owl Recording complies with this policy and PIPA.
Section 1 – Collecting Personal Information 1.1 Unless the purposes for collecting personal information are obvious and the customer voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect customer information that is necessary to fulfill the following purposes:
· To verify identity;
· To verify creditworthiness;
· To identify customer preferences;
· To understand the situational, organizational, and logistical needs of our customers;
· To open and manage an account;
· To deliver requested products and services;
· To contact our customers regarding delivery of a product or service ordered;
· To ensure a high standard of service to our customers;
· To meet regulatory requirements;
· To collect and process product and service payments;
Section 2 – Consent 2.1 We will obtain customer consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally, in writing, electronically, or through an authorized representative. It may also be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a customer is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, or promotional activities, and the customer does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers can withhold or withdraw their consent for NOR to use their personal information in certain ways. A customers’ decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the customer in making the decision.
2.5 We may collect, use or disclose personal information without the customers’ knowledge or consent in the following limited circumstances:
· When the collection, use or disclosure of personal information is permitted or required by law;
· When the collection, use or disclosure of personal information is clearly in the best interest of the individual and consent cannot be obtained in a timely manner;
· In an emergency that threatens an individual's life, health, or personal security;
· When the personal information is available from a public source (e.g., a telephone directory);
· When NOR require legal advice from a lawyer;
· For the purposes of collecting a debt owed to NOR;
· To protect NOR from fraud;
· To investigate an anticipated breach of an agreement or a contravention of law;
· To assist NOR in carrying out work on behalf of a third party in which previous consent was given to the third party and only for the express purpose for which consent was given;
Section 3 – Using and Disclosing Personal Information 3.1 We will only use or disclose customer personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
· To contact our customers regarding products and services which they have ordered;
· To conduct customer surveys in order to enhance the provision of our services;
· To contact our customers directly about products and services that may be of interest;
· For the purposes of fulfilling any of the conditions described in section 2.5;
3.2 We will not use or disclose customer personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell customer lists or personal information to other parties.
3.4 Disclosure to third party service providers: In the process of meeting our customers’ needs and providing desired services, NOR may share customer personal information with certain third party service providers for the following purposes:
· To verify and validate information that the customer has provided to NOR;
· To provide products and services directly to the customer;
· To address customer service issues;
We will use reasonable efforts to ensure that your personal information is used in a manner that is consistent with the NOR Privacy Policy. Examples of third party service providers would include credit card issuers and processors, credit reporting agencies (for address verification purposes,) repair depots, warranty providers, certain manufacturers, and various delivery services. If you do not wish to provide your personal information to these service providers there may be certain situations where we may be unable to process the transaction or provide our services to you.
3.5 Night Owl Recording may disclose customer information as permitted or required by law. Examples of this would include but are not limited to:
· To comply with a subpoena, warrant, or order issued or made by a court, person, or body with jurisdiction to compel the production of personal information;
· To an entity, which may be a government institution or other person that has lawful authority to obtain the information;
· To a public body or a law enforcement agency concerning an offence under the laws of Canada or a province;
· To our internal or external legal counsel;
Section 4 – Retaining Personal Information 4.1 If we use customer personal information to make a decision that directly affects the customer, we will retain that personal information for at least one year so that the customer has a reasonable opportunity to request access to it.
4.2 Subject to Section 4.1, we will retain customer personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Section 5 – Ensuring Accuracy of Personal Information 5.1 We will make reasonable efforts to ensure that customers’ personal information is accurate and complete where it may be used to make a decision about the customer or disclosed to another organization.
5.2 Customers may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought. A request to correct personal information should be forwarded to the Privacy Officer as outlined in Section 8.2.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.
Section 6 – Securing Personal Information 6.1 We are committed to ensuring the security of customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that customer personal information is appropriately protected:
· Locked filing cabinets and offices where personal information is held
· Restricted employee access as appropriate
· Limited electronic access through the use of user IDs, passwords, SSL encryption, and firewalls.
Night Owl Recording does not store, retain, hold, copy, use, modify, or permanently record in any way personal credit card information. All credit card names, numbers, and expiry dates are provided by the customer solely for the purposes of completing their offer to purchase and are used by the third party credit card company for processing payment.
6.3 We will use appropriate security measures when destroying customers’ personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Section 7 – Providing Customers Access to Personal Information 7.1 Customers have a right to access their personal information, subject to limited exceptions allowed by the Personal Information Protection Act, Section 23 (3) and (4).
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. A request to access personal information should be forwarded to the Privacy Officer as outlined in Section 8.2.
Upon receiving such a request, NOR and the Privacy Officer will provide the customer with the following:
· Information you about what type of personal information we have on record, how it is used, and to whom it may have been disclosed;
· Reasonable access to your information so you can review and verify the accuracy and completeness and request changes to the information;
· Make any necessary updates and amendments to your personal information;
There may be instances when we will not be able to provide you with access to all of the Personal Information that you have requested. Examples are if the information:
· Contains references to other persons;
· Has already been destroyed in accordance with our policy of only keeping your information for as long as it is needed;
· Is subject to solicitor-client or litigation privilege;
You may also contact our Privacy Officer at any time to let us know that you do not wish to receive any further communication from us or to ask us to change your preferences regarding how we use or disclose your information.
7.3 Upon request, NOR will also tell customers how we use their personal information and to whom it has been disclosed if applicable.
7.4 NOR will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, NOR will inform the customer of the cost and request further direction from the customer on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, NOR will notify the customer in writing, providing the reasons for refusal and the recourse available to the customer.
Section 8 – Questions and Complaints: Privacy Officer 8.1 The Privacy Officer or designated individual is responsible for ensuring Night Owl Recording’s compliance with this policy and the Personal Information Protection Act.
8.2 Customers should direct any complaints, concerns or questions regarding Night Owl Recording’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the customer may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for Night Owl Recording’s Privacy Officer:
Joel Mohr
Partner
1901 East 8th Ave.
Vancouver, BC V5N 1T9
Cell: (604) 367-7480
Email : info@nightowlrecording.ca
If you have a complaint or a question for us: We are committed to setting the highest customer service standard within the retail industry. We hope you give us the opportunity to correct any situation that does not meet your expectations. If you have any concerns about privacy, confidentiality or our policies and procedures we want to know about it. All inquires relating to personal information will receive prompt attention and be acknowledged within five (5) business days.
It's all about trust Night Owl Recording will continuously assess ourselves to ensure that customer privacy is respected. We will conduct our business in a manner that meets the expectations of our customers in the many communities in which we do business.
Addendum - March 25, 2014
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