(“Honda West” or “we”, “us”, “our”, etc.)
Sarcee Motors Ltd., operating as Honda West, is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to Honda West. This Policy is intended to comply with the requirements of Alberta’s Personal Information Protection Act (“PIPA”). However, in certain circumstances, other legislation may be applicable.
This Policy describes and summarizes the practices of Honda West with respect to our collection, use and/or disclosure of personal information related to all individuals other than employees and individual contractors of Honda West; those individuals are subject to a separate policy. Employees of Honda West dealing with personal information are expected to be familiar with this Policy.
In this Policy, the following terms have the meanings below:
- Personal informationmeans information about an identifiable individual, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified. Personal Information also does not include business contact information, as long as business contact information is used to contact an individual in their capacity as an employee or official of an organization, and for no other purpose. Information about a corporation, firm, trust, union or other non-individual entity is not personal information.
- Business contact information means an individual’s name and position or title as an official or employee of an organization, as well as their business telephone number, business address, business e-mail, business fax number and other business contact information.
Privacy and our Website
We do not collect any personal information from individuals who simply visit our website. However, individuals should be aware that most web servers do collect some information about visitors, such as the browser and version being used, the operating system, and the “IP” or internet address of the visitor, which may identify the individual’s Internet Service Provider or computer but not necessarily the individual using it.
If you voluntarily submit personal information to us by e-mail for purposes of obtaining information, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information. Please be advised that the Internet and e-mail are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.
Third Party Websites
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties, their websites, or their privacy practices.
Sources of Personal Information
Honda West generally collects, uses and discloses personal information about the following types of individuals:
- Customers, employees of and contractors to customers;
- Prospective or potential customers or their employees;
- Subscribers to Honda West newsletters, white papers or similar types of information;
- Employees and independent contractors (where such contractors are individuals) of Honda West for the purposes of establishing, managing and terminating employment and contractor relationships;
- Other individuals who may voluntarily choose to provide Honda West with personal information.
- Shareholders and investors in Honda West; and,
- Directors of Honda West.
Notification and consent
Subject to this Policy and applicable legislation, Honda West will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection.
There are a number of exceptions to the above provisions in that in some circumstances, such as with certain personal information related to employees, Honda West does not require consent to collect, use or disclose personal information but is required to provide notification in advance.
In other circumstances, specifically those set out in applicable legislation, the law does not require that Honda West obtain consent or provide notification. Honda West reserves all its rights to rely on any available statutory exemptions and exceptions.
Exceptions to the requirement for consent
Honda West may collect personal information without consent in circumstances that include but are not limited to the following:
- Where a reasonable person would consider that the collection of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- Where the collection of the information is pursuant to a statute or regulation of either Alberta or Canada that authorizes or requires the collection;
- Where the collection of the information is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to Honda West;
- Where the collection of the information is reasonable for the purposes of an investigation or a legal proceeding;
- Where the information is publicly available;
- Where the collection of the information is necessary in order to collect a debt owed to Honda West or for Honda West to repay to an individual money owed by Honda West.
In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If an individual provides personal information to us voluntarily, we will rely on deemed consent and consider that the individual consents to our collection, use or disclosure of their personal information as necessary to carry out the purposes for which they provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, Honda West will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, Honda West will try to collect personal information directly from the individual. Where necessary, Honda West will collect personal information from other sources. When Honda West collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not required, we will tell them the purpose for which the information is collected, and, if reasonable to do so, the name of a person who can answer questions about the collection.
Why we collect, use and disclose personal information
Honda West generally collects, uses and discloses personal information for the following purposes:
- Customers, employees of and contractors to customers: To establish, maintain, manage and terminate a relationship with a customer.
- Prospective or potential customers or their employees: To attempt to establish a relationship with a customer.
- Subscribers to Honda West newsletters, white papers or similar types of information: To provide services, information or documentation and to solicit business.
- Suppliers (including non-individual contractors to Honda West), employees of and contractors to suppliers: To establish, maintain, manage and terminate a supplier relationship.
- Individuals who may voluntarily choose to provide Honda West with personal information: To fulfill the purposes for which such information was provided.
- Shareholders and investors: To manage our relationship with and our obligations to investors and shareholders. Honda West is required by applicable laws and regulatory authorities to collect, as well as use and disclose certain information with respect to its shareholders.
- Directors and officers: To manage our relationship with and our obligations to directors and officers. Honda West is required by applicable laws and regulatory authorities to collect, as well as to use and disclose, certain information with respect to its directors and officers.
- Other individuals: Personal information from other individuals may be collected, used or disclosed when such individuals contact Honda West for a variety of reasons personal to them. For example, if an individual contacts us with an inquiry, we will use the information provided to assist us in responding to that individual and communicating with them. Generally, such information is used to contact or reply to individuals who have contacted us where such contact or reply is reasonable in the circumstances, or is subject to deemed consent, or is legally required.
- Telephone Conversations: Please refer to the more comprehensive section on telephone conversations in this Policy.
- To fulfill our legal obligations.
Use of Personal Information
As with collection, there are exceptions to the requirement of consent with respect to use. For example, Honda West may use personal information without consent in circumstances that include but are not limited to the following:
- Where a reasonable person would consider that the use of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- Where the use of the information is pursuant to a statute or regulation of Alberta or Canada that authorizes or requires the use;
- Where the information in question was collected is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to Honda West;
- Where the use of the information is reasonable for the purposes of an investigation or a legal proceeding;
- Where the information is publicly available;
- Where the collection of the information is necessary in order to collect a debt owed to Honda West or for Honda West to repay to the individual money owed by Honda West;
- In certain circumstances, where the information may be disclosed without consent, it may also be used without consent.
Honda West will in all cases use personal information as permitted or required by applicable law.
Disclosure of personal information
It is the general policy of Honda West to not disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the above.
Alberta law permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent and/or knowledge. Such circumstances include (but are not limited) to where:
- the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
- the personal information is available to the public from a prescribed source; or
- the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.
Honda West will in all cases disclose personal information as required or permitted by applicable law.
Honda West does not disclose, trade or sell its customer or contact lists.
Honda Canada Interaction
As a Honda franchisee, Honda West shares information with Honda Canada. Honda Canada indicates that Honda West’s customers must observe the following information:
I understand that Honda, its affiliates, Dealers and service providers collect, use and disclose my personal information for the purposes of (i) completing my purchase, finance or lease transaction; (ii) maintaining my warranty and customer service records; (iii) conducting customer service campaigns; (iv) providing me with marketing information; and (v) for legal and other business purposes. I consent to Honda, its affiliates, Dealers and service providers contacting me by telephone or sending commercial electronic messages to me, including email and text messages. I can contact Honda at 1-888-946-6329 or 180 Honda Boulevard, Markham, Ontario, L6C 0H9, and my Dealer if I no longer consent to these uses and to update or correct my personal information.
We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.
Requests for Access
Alberta law permits individuals to submit written requests to us to provide them with:
- access to their personal information under the custody or control of Honda West;
- information about the purposes for which their personal information under the custody or control of Honda West has been and is being used; and
- the names of organizations or persons to whom and the circumstances in which personal information has been and is being disclosed by Honda West.
Requests for access are subject to the following:
- Any requests must be in writing.
- We do not accept such requests or respond to such requests via e-mail.
- In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
- We will respond to requests in the time allowed by Alberta law, which is generally 45 days. In certain circumstances, we may have a right to extend this period of time and will advise in writing if we are doing so.
- We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible.
- All requests may be subject to any fees and disbursements the law permits us to charge.
- Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Please note that an individual’s ability to access his or her personal information under our control is not an absolute right. Alberta law provides that Honda West must not disclose personal information where:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- the disclosure would reveal personal information about another individual; or
- the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
Alberta law also provides that Honda West may choose not to disclose personal information where:
- the personal information is protected by any legal privilege;
- the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
- the personal information was collected by Honda West for an investigation or legal proceeding;
- the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
- the personal information relates to and may be used in the exercise of prosecutorial discretion.
Honda West reserves all its rights under the above.
Responses to Requests
Our responses to requests for access to personal information will be in writing, and will confirm:
- whether we are providing all or part of the requested information,
- whether or not we are allowing access or providing copies, and,
- if access is being provided, when and how that will be given.
If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of PIPA (the Personal Information Protection Act, Alberta) on which that refusal is based. We will also provide the name of an individual at Honda West who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Alberta to review our decision. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
Requests for Correction
Alberta law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:
- correct the personal information and, if reasonable to do so, and if not contrary to law, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
- decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Corrections or amendments will not made to opinions as opposed to factual information, although we reserve the right to modify opinions where changes in the facts on which those opinions are based occur.
Honda West may amend this Policy from time to time as required and without notice, in order to better meet our obligations under the law.
Contacting Honda West
If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact our Privacy Contact, Jason Wingert, at:
firstname.lastname@example.org OR 403-249-9100.
If you remain dissatisfied after our Privacy Contact has reviewed and responded to your concern, or have other concerns or questions, you have the right at any time to contact the Office of the Information and Privacy Commissioner at:
410, 9925 – 109 Street
Edmonton, AB T5K 2J8
Telephone (780) 422-6860 or Fax (780) 422-5682