The purpose of this Policy is to establish common rules to govern the collection, use and disclosure of Personal Information by 1379769 Alberta Ltd. o/a GlobalTill (“GlobalTill”) in Canada, in a manner that balances an Individual’s right to privacy with the need of GlobalTill to collect, use or disclose Personal Information for purposes that a reasonable person would consider appropriate in the circumstances, and in accordance with Privacy Laws.
This Policy applies to all GlobalTill personnel.
“collection” – means the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including sources other than the Individual to whom the Personal Information belongs (and collects and collected have a corresponding meaning).
“consent” – means voluntary agreement to the collection, use and/or disclosure of Personal Information for defined purposes.
“disclosure” – means making Personal Information available outside GlobalTill other than a transfer (and disclose and disclosed have a corresponding meaning).
“Employee” – means a current or former director, employee or independent contractor of GlobalTill.
“GlobalTill Website” – means any GlobalTill website.
“identified purposes” – means those purposes for the collection, use and/or disclosure of Personal Information that are identified to the Individual, the types of which are set out in Schedule “A”.
“Individual” – means any individual who directly or indirectly provides their Personal Information to GlobalTill.
“Personal Information” – means any information about an identifiable Individual (or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an Individual), regardless of form, but does not include:
(a) business contact information – the name, title, business address, business telephone number, business e-mail address or business fax number of any employee or official of any organization, to the extent that such information is collected, used or disclosed for the purpose of contacting an Individual in that person’s capacity as an employee or official of that organization;
(b) work product information – information prepared or collected by an Individual or group as a part of its employment or business (except where that work product information is about an Individual who did not prepare or collect the work product information); or
(c) Publicly Available Information.
“Privacy Commissioner” – means, as applicable, a federal or provincial privacy commissioner or provincial Privacy Law authority.
“Privacy Laws” – means privacy laws and regulations applicable to GlobalTill (as may be amended from time to time), including, without limitation, the Personal Information Protection and Electronic Documents Act (Canada) and the Personal Information Protection Act (Alberta).
“Privacy Officer” – means the person who is appointed the privacy officer of GlobalTill.
“Publicly Available Information” – varies by jurisdiction, and has the applicable meaning set out in Schedule “C”.
“sensitive” – means sensitive in the context in which the information is collected, used or disclosed, but includes an Individual’s personal financial or health information.
“transfer” – means a temporary arrangement in which Personal Information is provided to a third party to handle on behalf of GlobalTill, and the third party is not intended to have any independent right to use or disclose the Personal Information (and transferred has a corresponding meaning)
“use” – means treatment, handling, management and retention of Personal Information (and uses and used have a corresponding meaning).
(a) Role. The Privacy Officer is accountable within GlobalTill for GlobalTill’s compliance with this Policy, and for ensuring that this Policy complies with applicable Privacy Laws.
(b) Comments/Questions. Comments and questions regarding this Policy or its administration should be forwarded to the Privacy Officer’s attention.
(c) Policy Review. On a periodic basis, the Privacy Officer will review this Policy, and related practices or procedures, to ensure that each is relevant and remains current with changing laws and technologies, GlobalTill’s practices, and the evolving privacy expectations of Individuals. The Privacy Officer will bring forward any proposed amendments to this Policy, or changes to GlobalTill practices or procedures, as a result of that review.
(a) Responsibility. GlobalTill is responsible for Personal Information in its possession or control, including where a third party is collecting, using or disclosing Personal Information on behalf of GlobalTill.
(b) Third Party Agents. Where Personal Information is transferred to a third party for processing on behalf of GlobalTill, GlobalTill must ensure that:
GlobalTill has implemented programs to communicate information to Employees about this Policy and related privacy procedures (including Employee privacy training).
(a) Types of Purposes. GlobalTill collects Personal Information from the persons and for the types of purposes set out in Schedule “A”.
(b) Notice of Purposes. GlobalTill informs the Individual of the applicable identified purposes at or before the time that the Personal Information is collected and as part of obtaining the consent of the Individual to that collection of Personal Information.
(c) Limited Collection. GlobalTill only collects Personal Information that is necessary for identified purposes and any collection of Personal Information is limited to what a reasonable person would consider appropriate in the circumstances. See Section 5.1 (Limiting Collection).
(d) New Purposes. If Personal Information that was previously collected by GlobalTill is to be used or disclosed for a new purpose (i.e. a purpose that was not identified to the Individual), GlobalTill will clearly identify the new purpose to the Individual prior to engaging in that new use or disclosure. The Individual whose Personal Information is at issue must consent before GlobalTill can use or disclose the information for this new purpose, unless such use or disclosure without consent is permitted by this Policy or otherwise permitted or required by law.
(e) Clarity of Purposes. To be meaningful, the identified purposes must be stated in such a manner that the Individual can reasonably understand how the Personal Information will be used or disclosed.
(a) Direct Collection. When collecting Personal Information directly from an Individual, GlobalTill personnel must explain the identified purposes to the applicable Individual.
(b) Indirect Collection. When collecting Personal Information indirectly, that is, from a third party instead of the Individual, GlobalTill must either:
(a) Foreign Transfer Notice. Subject to 3.3(b), to the extent that GlobalTill transfers, uses or retains Personal Information outside of Canada, GlobalTill will ensure that the applicable Individual is notified about that foreign transfer, use or retention arrangement. In giving such a notice, GlobalTill will state:
(b) Exception to Notice. If GlobalTill is not required under this Policy or Privacy Laws to notify or obtain the consent of an Individual in connection with the use or disclosure of their Personal Information, then GlobalTill is not required to give the notice about foreign transfer, use or retention described above.
(a) Consent. Generally, the knowledge and consent of the Individual are required for the collection, use, or disclosure of Personal Information by GlobalTill, except as discussed under Section 4.3 (Withdrawal of Consent) and 4.4 (Exceptions to Knowledge and/or Consent).
(b) Timing of Consent. Typically, GlobalTill seeks consent for the use or disclosure of Personal Information at the time of its collection. In certain circumstances, consent for the use or disclosure of Personal Information may be sought after that information has been collected, but before it is used or disclosed (for example, when GlobalTill wants to use Personal Information for a purpose not previously identified to the Individual).
(c) No Tied Consent. GlobalTill will not require an Individual to consent to the collection, use, or disclosure of Personal Information in order to receive any information, goods or service unless that Personal Information is required for a related purpose that is legitimate and identified to the Individual. For example, GlobalTill will not require an Individual to consent to receive marketing emails from GlobalTill in order to inquire about GlobalTill products.
(d) Qualified Consent. An Individual can make their consent subject to reasonable terms, conditions or qualifications that are established, set, approved by or otherwise acceptable to the Individual.
(a) Types of Consent. 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 GlobalTill. “Implied” consent is consent that can reasonably be inferred from an Individual’s action or inaction.
(b) Determining Type of Consent. Generally, GlobalTill will obtain the express consent of Individuals; however, GlobalTill may rely on implied consent in appropriate circumstances. In determining the form of consent (i.e. whether express or implied), GlobalTill takes into account:
(c) Format of Consent. GlobalTill may seek consent in various ways, depending on the circumstances and the type of information collected, including, for example, using a paper form, online check-box, or collecting oral consent. Oral consent should be documented in an appropriate manner.
An Individual may withdraw their consent at any time, on reasonable notice, subject to legal or contractual restrictions. When an Individual seeks to withdraw their consent, GlobalTill will inform the Individual of the implications of such withdrawal. For example, withdrawing consent for GlobalTill to collect, use or disclose Personal Information could mean that an Individual may forfeit certain services or information.
(a) GlobalTill Employees. Generally, GlobalTill is not required to obtain the consent of an Employee in connection with the collection, use or disclosure of Employee Personal Information for employment purposes – namely, establishing, managing or terminating an employment relationship between GlobalTill and the Employee. However, GlobalTill must give prior notice to the Employee of the collection, use and disclosure of the Employee’s Personal Information for such employment purposes.
(b) Other Exceptions. Privacy Laws and other legislation set out specific circumstances under which GlobalTill may collect, use, or disclose Personal Information without the knowledge or consent of the Individual. Schedule “B” sets out a sample of the circumstances likely to apply to GlobalTill, wherein GlobalTill may collect, use, or disclose Personal Information without knowledge or consent.
(a) Necessity. GlobalTill only collects Personal Information if it is necessary to fulfil identified purposes.
(b) Reasonableness. GlobalTill only collects Personal Information that a reasonable person would consider appropriate in the circumstances.
(c) Fair/Lawful. GlobalTill collects Personal Information by fair and lawful means.
(a) Purposes for Use/Disclosure. GlobalTill only uses or discloses Personal Information for identified purposes, except (i) with the consent of the Individual, or (ii) as permitted or required by applicable law.
(b) Specific Disclosure Purposes. GlobalTill may disclose Personal Information to the persons and for the purposes set out in Schedule “A”.
Only GlobalTill personnel whose duties reasonably require access to Personal Information in order to fulfill the identified purposes are granted access to Personal Information.
(a) GlobalTill Affiliates. Any sharing of Personal Information by GlobalTill with any affiliate of GlobalTill is considered to be done at arm’s length, and is either a disclosure or a transfer under this Policy.
(b) Transfer Agreements. GlobalTill shall only transfer or disclose Personal Information to a third party subject to a written agreement that imposes requirements on that third party that are substantially similar to this Policy (or that require compliance with this Policy), including:
(c) No Transfer if Privacy Risk. Notwithstanding such an agreement, if GlobalTill is of the opinion that the third party will not provide the foregoing protections (or if the third party will transmit or retain the Personal Information in a jurisdiction whose laws conflict with or impede the Privacy Laws), GlobalTill shall not transfer such Personal Information to that third party.
(a) Foreign Transfer Notice. GlobalTill may use a service provider outside of Canada (which may include a GlobalTill affiliate) to collect, use, disclose or store Personal Information on behalf of GlobalTill. To support the notice required under Section 3.3 (Notice Regarding Foreign Transfers), GlobalTill will identify foreign service provider arrangements in Schedule “D” of this Policy.
(b) Purpose and Location of Foreign Service Providers. The Privacy Officer shall ensure that Schedule “D” is kept up to date.
(a) Location. GlobalTill retains Personal Information electronically in its database at AWS data centers in Canada and the United States of America.
(b) Service Providers. GlobalTill’s other service providers may, from time to time, also hold Personal Information on behalf of GlobalTill. GlobalTill shall ensure that all Personal Information is retained by all service providers (including GlobalTill affiliates) in accordance with Section 3.3(a) (Foreign Transfer Notice) and Section 5.4 (Transfers or Disclosures of Personal Information).
(c) Foreign Retention Privacy Risk. GlobalTill shall not retain Personal Information in any jurisdiction whose laws conflict with or impede the Privacy Laws.
(d) Retention Period. GlobalTill keeps Personal Information:
(e) Timing of Destruction. When Personal Information is no longer needed pursuant to Section 5.6(d) (Retention Period), it is securely destroyed according to Section 7.2 (Secure Destruction).
(a) Accuracy Standard. Personal Information used by GlobalTill is kept accurate, complete and as up-to-date as reasonably possible:
(b) Updates. GlobalTill does not routinely update Personal Information, unless such a process is necessary to fulfill the purposes for which the information was collected. Personal Information that is used continually, including information that is disclosed to third parties, is generally kept accurate and up-to-date, unless limits to the requirement for accuracy are clearly established (and apparent to any person using the Personal Information).
(a) Security Standard. GlobalTill has implemented security safeguards to protect Personal Information, regardless of the format in which it is held, against loss or theft, unauthorized access, collection, disclosure, copying, use, or modification. These security safeguards are appropriate to the sensitivity of the Personal Information, the amount, distribution and format of that information, and the method of storage. A higher level of protection is used to safeguard more sensitive Personal Information.
(b) Security Methods. The methods of protection used include:
(c) Security Awareness. GlobalTill makes its Employees and agents aware of the importance of maintaining the confidentiality of Personal Information.
(a) Destruction Standard. Once Personal Information is no longer to be retained pursuant to Section 5.6(d) (Retention of Personal Information), GlobalTill destroys or deletes it, or renders it anonymous.
(b) Destruction Methods. To prevent unauthorized parties from gaining access to Personal Information once it is no longer needed, GlobalTill uses care in destroying, deleting or rendering anonymous any Personal Information. GlobalTill has developed guidelines and implemented procedures to govern such destruction, erasure and anonymization of Personal Information.
(a) If GlobalTill determines that any incident has occurred (or is reasonably suspected of having occurred) involving the loss of or unauthorized access to or disclosure of Personal Information, GlobalTill may, on its own initiative, notify affected Individuals of this breach of Privacy Laws. The Privacy Officer is to be consulted in advance of any such notice, if possible.
(b) For the province of Alberta, GlobalTill must notify the Alberta Privacy Commissioner of certain breaches of the Privacy Laws of Alberta. This notice requirement arises if Personal Information in GlobalTill’s custody or control that was collected, used or retained in Alberta is lost or subject to unauthorized access or disclosure, resulting in circumstances in which a reasonable person would consider that there exists a real risk of significant harm to an Individual. The written notice to the Alberta Privacy Commissioner must be made without unreasonable delay, and must state the following:
(c) For all other provinces and territories (and if the breach occurs in relation to cross-border or international transfers of Personal Information), if Personal Information in GlobalTill’s custody or control is lost, subject to unauthorized access or to unauthorized disclosure resulting from a breach of GlobalTill’s security safeguards (or from a failure to establish appropriate safeguards) (a “Privacy Breach”), GlobalTill will assess whether to notify the affected Individuals based on the circumstances.
(a) Openness Standard. GlobalTill makes information about this Policy, and other policies and practices relating to the management of Personal Information, readily available to Individuals. It does so in a form that is generally understandable.
(b) Openness Methods. Information that is made readily available includes:
GlobalTill will respond to any written request from an Individual for information about the following (except if GlobalTill is entitled to refuse to provide this information, per Section 9.8 (Refusing Access)):
GlobalTill will respond to any written request from an Individual for access to their Personal Information in GlobalTill’s possession or control. In responding, GlobalTill will provide that Individual with access to their Personal Information (except if GlobalTill is entitled to refuse to provide this information, per Section 9.8 (Refusing Access).
(a) Request. GlobalTill will respond to any written request from an Individual for the correction of Personal Information in GlobalTill’s possession or control. GlobalTill will notify the Individual of its decision to correct or refusal to correct the Personal Information and will include the reasons for the refusal. In responding, GlobalTill will provide that Individual with a process for expressing any concern about the accuracy and completeness of the Personal Information. See Section 10 (Challenging Compliance).
(b) Correction. If an Individual successfully demonstrates the inaccuracy or incompleteness of Personal Information, GlobalTill will amend the Personal Information as required as soon as reasonably possible. Where reasonably appropriate, GlobalTill will transmit the amended information to third parties having access to the Personal Information in question.
(a) Assistance. Where an Individual informs GlobalTill that they require assistance in making any of the above requests, GlobalTill will provide that Individual with assistance.
(b) Explanation of Records. GlobalTill will make the requested information available in a form that is generally understandable, and will include an explanation of any terminology, abbreviations or codes.
(c) Accommodation. A person with a form of sensory disability has the right to access Personal Information in an alternative format if the information is available in that format or its conversion is reasonable and necessary.
(a) Identity Verification Standard. GlobalTill shall only disclose Personal Information or details concerning Personal Information to an Individual who can reasonably demonstrate to GlobalTill that they are the subject of the Personal Information.
(b) Collection of Identity Information. GlobalTill may require an Individual to provide sufficient information to permit GlobalTill to respond to a request under this Section 9, and shall use and disclose any additional information provided by the Individual only for the purposes of fulfilling the Individual’s request.
GlobalTill will respond to any request by an Individual under this Section 9 not later than thirty (30) days after receipt of a written request. Notwithstanding the foregoing, where:
then GlobalTill shall send a notice (the “Notice of Time Extension”) to the Individual before the expiry of the initial thirty (30) day period, advising them of the new time limit (which shall be no more than an additional thirty (30) day period) the reasons for extending the time limit, and their right to make a complaint to the Privacy Commissioner in respect of the extension.
GlobalTill will generally respond to a request by an Individual seeking access to their Personal Information at no cost to the Individual; provided that:
(a) Discretion to Refuse. Notwithstanding the foregoing (and subject to Section 9.9 (Severance)), GlobalTill has the discretion to deny access to Personal Information if the information:
(b) Mandatory Refusal. Notwithstanding the foregoing (and subject to Section 9.9 (Severance)), GlobalTill must always deny access to Personal Information if:
Notwithstanding Section 9.8 (Refusing Access), if GlobalTill is able to remove the information listed in Section 9.8(a)(ii) (Discretion to Refuse) or Section 9.8(b) (Mandatory Refusal) from a document or record that contains Personal Information about the Individual who requested it, GlobalTill must provide the Individual with access to the Personal Information after the information referred to above has been removed.
(a) Notice Contents. Where GlobalTill refuses a request from an Individual under this Section 9, GlobalTill will notify that Individual of (i) the reasons for refusing the request, (ii) the contact information of the Privacy Officer, and (iii) that the Individual may complain to the Privacy Commissioner about GlobalTill’s handling of the request.
(b) Disclosures to Government. If the Individual’s request is about any disclosure of their Personal Information to a government institution, the Privacy Officer shall be informed, and GlobalTill shall not respond to such request until the Privacy Officer has determined whether GlobalTill must notify the government institution under Privacy Laws.
(a) Openness to Complaints. GlobalTill informs Individuals who make inquiries or lodge concerns or complaints of the existence of these complaint procedures.
(b) Investigation of Complaints. GlobalTill investigates all concerns and complaints pursuant to these complaint procedures unless the Privacy Officer determines that there is sufficient cause to handle the concern or complaint in another manner.
(c) Complaint Procedure. GlobalTill’s complaint procedures are as follows:
GlobalTill collects Personal Information in respect of Individuals (other than Employees) from the persons and for the purposes set out below:
(a) from Individuals as part of the provision of our services and products;
(b) from Individuals to respond to their requests, complaints or inquiries;
(c) from Individuals to advise them about new programs and services that may be of interest to them or to their organizations;
(d) from Individuals to collect their opinions and comments in regard to GlobalTill’s services and products;
(e) from Individuals using specific functions of the GlobalTill Website for the purposes of administering those specific functions of that Website for which the Personal Information was collected, as such purposes are identified to such Individuals;
(f) from Individuals for the purposes of statistical research and demographic analysis;
(g) from Individuals for the purposes of investigating legal claims;
(h) from Individuals and other third parties, such Personal Information, and for such purposes, as an Individual may otherwise consent from time to time; and
(i) from Individuals; for the purposes of using specific functions of the GlobalTill service and related products of that Website, for which the Personal Information was collected, as such purposes are identified to such Individuals; and
(j) as otherwise required or permitted by law.
GlobalTill collects Personal Information in respect of Employees from the persons and for the purposes set out below:
(a) from Employees for the purpose of recruitment for positions at GlobalTill;
(b) from Employees for the purpose of the administration of GlobalTill policies and procedures regarding the training, retention and evaluation of Employees;
(c) from Employees for the purposes of building relationships, including coaching, mentoring and development;
(d) from Employees for the purposes of managing productivity, including making accommodations and allowances;
(e) from Employees for the purposes of statistical research;
(f) from Employees to organize future events involving their participation;
(g) from Employees for the purpose of addressing Employee concerns and complaints;
(h) from Employees in the form of invoices, receipts and travel information for the purpose of refunding the expenses incurred by the Employees as a result of their employment with GlobalTill;
(i) from Employees to administer the physical security of the various access points at each of GlobalTill’s facilities, through the collection of Personal Information in the form of images of the Employee captured on the security video surveillance system, in accordance with GlobalTill policies and procedures regarding same;
(j) from Employees and third party providers of benefits, pension arrangements and insurance and other related Employee services, for the purpose of providing compensation and such services and fulfilling taxation requirements in respect of same;
(k) from Employees for the purpose of assisting in the administration of health care for Employees who become ill or injured while working at GlobalTill;
(l) from Employees to comply with other requirements imposed by law, including without limitation collecting personal information as required by applicable workplace insurance and safety legislation and occupational health and safety legislation;
(m) such other collections and uses of Personal Information from such persons and for such purposes for which GlobalTill may obtain consent from time to time; and
(n) as otherwise required or permitted by law.
GlobalTill discloses Personal Information in respect of Individuals (other than Employees) to the persons and for the purposes set out below:
(a) to third parties, such Personal Information, and for such purposes, as an Individual may otherwise consent from time to time; and
(b) as otherwise required or permitted by law.
GlobalTill discloses Personal Information in respect of Employees to the persons and for the purposes set out below:
(a) to credit bureaus for the purposes of reviewing or updating the credit or other rating of Employees;
(b) to third party service providers for the purpose of administering group benefits and pension plans, including stock option and similar incentive plans, for GlobalTill Employees;
(c) to third party service providers and financial institutions to administer payroll for Employees;
(d) to directors and other Employees for the purpose of the administration of GlobalTill’s operations;
(e) to legal and accounting service providers for the purpose of providing services to GlobalTill;
(f) to medical practitioners for the purpose of administering health care to Employees who become ill or injured while working at GlobalTill;
(g) to third party service providers to process Employee disability or injury claims;
(h) to marketing and research agencies for the purpose of surveys;
(i) to a potential acquirer in connection with a transaction involving the sale of the business of GlobalTill;
(j) such other disclosures of Personal Information to such persons and for such purposes for which GlobalTill may obtain consent from time to time; and
(k) as otherwise required or permitted by law.
The following is a sample of the circumstances that may apply to GlobalTill, in which GlobalTill may, without knowledge or consent collect, use and disclose Personal Information.
This is not an exhaustive list of such circumstances, and upon request the Privacy Officer can describe other circumstances where GlobalTill is permitted by law, without knowledge and consent, to collect, use or disclose Personal Information.
(a) collect Personal Information:
(b) use Personal Information:
(c) disclose Personal Information:
This Policy does not impose limits on the collection, use or disclosure by GlobalTill of the following publicly available information within the following jurisdictions:
Personal Information that is an Individual’s name, address, telephone number and e-mail address, when (i) listed in a public directory (where the Individual can refuse to have the Personal Information appear in the directory); (ii) available in a publication, in printed or electronic form, that is available to the public; or (iii) where the Individual has provided the information appearing in:
(a) a professional or business directory, listing or notice;
(b) a registry collected under a statutory authority and to which a right of public access is authorized by law; or
(c) a record or document of a judicial or quasi-judicial body, in which case the collection, use and disclosure of the Personal Information must relate directly to the purpose for which the information appears in, as applicable, the directory, listing or notice; the registry; or the record or document.
Personal Information that is:
(a) contained in a telephone directory but only if:
(b) contained in a professional or business directory, listing or notice, including, but not limited to, the name, title, address, telephone number and e-mail address of an Individual, but only if:
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