Irving Oil Corporation Privacy Policy |
Introduction
IRVING OIL CORPORATION ("IRVING OIL") is committed to fair information practices in relation to its customers and individuals with whom it deals in the course of its operations.
This Privacy Policy outlines the principles and guidelines by which IRVING OIL operates to protect the personal information of customers and other individuals that we collect, use or disclose in the conduct of our operations.
The objective of IRVING OIL is to promote responsible and transparent practices in the management of personal information, in accordance with the provisions of the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation.
This Privacy Policy incorporates the ten principles of the Canadian Standards Association Model Code on the Protection of Personal Information (CAN/CSA-Q830-96) which was published in March 1996 as a National Standard of Canada. It also incorporates the provisions of Part 1 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5.
Scope of This Policy
This Policy applies to the IRVING OIL Group of Companies listed on Schedule "A" hereto and those business units of Irving Oil Limited listed on Schedule "A" hereto. For the purposes of this Privacy Policy, IRVING OIL shall mean the business units and affiliates listed on Schedule "A" hereto.
For the purposes of this Privacy Policy, "personal information" refers to personal information about a customer or potential customer of IRVING OIL or other individuals with whom IRVING OIL deals in the conduct of its operations. Personal information of IRVING OIL customers includes a customer's service and billing information, billing and payment records, credit history, equipment purchases and payment records, credit applications and credit application and credit transactions records and correspondence or recordings of inquiries, service matters or complaints. The definition of a customer is set out in the Definitions section below.
This Privacy Policy does not apply to personal information about employees of IRVING OIL or information about our business or corporate customers.
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ARTICLE 1 - DEFINITIONS
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| 1.1 |
Collection - the gathering, acquiring, recording or obtaining of personal information from any source, including third parties, by any means.
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| 1.2 |
Consent - 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 IRVING OIL. Implied consent is consent that can reasonably be inferred from an individual's action or inaction.
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| 1.3 |
Customer - an individual who obtains or uses, or applies to obtain or use, IRVING OIL's products or services, where such individual is a residential customer, or a potential customer.
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| 1.4 |
Disclosure - making personal information available to a separately incorporated business unit of IRVING OIL or a third party who is not a service provider to IRVING OIL.
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| 1.5 |
Personal Information - information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
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| 1.6 |
Third Party - an individual or organization outside IRVING OIL other than a service provider to IRVING OIL.
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| 1.7 |
Use - the treatment, handling and management of personal information by and within IRVING OIL business units.
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ARTICLE 2 - SUMMARY OF PRINCIPLES
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| 2.1 |
Principle 1 - Accountability
IRVING OIL is responsible for all personal information under its control, including personal information transferred to third parties for processing. IRVING OIL has designated an individual who is accountable for the organization's compliance with this Policy.
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| 2.2 |
Principle 2 - Identifying the purposes for personal information collection
IRVING OIL will identify the purposes for which personal information is collected at or before the time the information is collected.
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| 2.3 |
Principle 3 - Obtaining consent
IRVING OIL will obtain the consent of individuals before or when it collects, uses or discloses personal information, except where prohibited or authorized by law. IRVING OIL will make reasonable efforts when obtaining consent to ensure that individuals understand how personal information will be used and disclosed by IRVING OIL.
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| 2.4 |
Principle 4 - Limiting the collection of personal information
IRVING OIL shall limit the collection of personal information to that which is necessary for the purposes identified by IRVING OIL. IRVING OIL will collect personal information by fair and lawful means.
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| 2.5 |
Principle 5 - Limiting use, disclosure and retention of personal information
IRVING OIL will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual, or as required or permitted by law. Personal information will be retained only as long as necessary for the fulfilment of those purposes.
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| 2.6 |
Principle 6 - Keeping personal information accurate
IRVING OIL will keep personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used.
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| 2.7 |
Principle 7 - Safeguarding personal information
IRVING OIL will protect personal information with security safeguards appropriate to the sensitivity of the information.
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| 2.8 |
Principle 8 - Being open about policies and procedures
IRVING OIL will make readily available to individuals and employees specific information about its policies and procedures relating to the management of personal information.
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| 2.9 |
Principle 9 - Providing access to personal information
On written request, and subject to exemptions stipulated by law, IRVING OIL shall inform a customer of the existence, use and disclosure of their personal information and shall provide access to that information. An individual will be entitled to challenge the accuracy and completeness of the information and have it amended as appropriate.
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| 2.10 |
Principle 10 - Challenging compliance
A customer of IRVING OIL will be entitled to address a challenge concerning compliance with the above principles to the designated individual accountable for IRVING OIL's compliance with the Policy.
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ARTICLE 3 - PRIVACY POLICY IN DETAIL |
| 3.1 |
Principle 1 - Accountability
IRVING OIL is responsible for all personal information under its control,
including personal information disclosed to third parties for processing. |
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3.1.1 |
The Privacy Officer is responsible for compliance with this Policy, even though
other individuals within IRVING OIL may be responsible for the day to day
collection and processing of personal information, and may be delegated to act
on behalf of the Privacy Officer. |
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3.1.2 |
The identity of the individuals designated by IRVING OIL to oversee compliance
with this Policy will be made known internally and will be made available
externally on request. |
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3.1.3 |
IRVING OIL will use contractual or other means to protect personal information
that has been transferred to service providers for processing, for example, for
merchant services. |
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3.1.4 |
IRVING OIL will implement policies and practices to give effect to this Policy,
including: |
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3.1.4.1 |
implementing procedures to protect personal information, and to oversee
compliance with this Privacy Policy; |
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3.1.4.2 |
establishing procedures to receive and respond to complaints and inquiries; |
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3.1.4.3 |
training staff to understand and adhere to our policies and practices; and |
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3.1.4.4 |
developing public information to explain IRVING OIL's policies and practices |
| 3.2 |
Principle 2 - Identifying the purposes for personal information collection
IRVING OIL will identify the purposes for which personal information is
collected, used or disclosed at or before the time the information is collected. |
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3.2.1 |
IRVING OIL collects, uses and discloses personal information for the following
purposes: |
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3.2.1.1 |
establishing and administering customer accounts for its Residential and
Commercial Energy Services, Fleet Services and Convenience Retail Services and
where the relationship is ongoing in nature, its gasoline and other retail
products and services, as well as to provide such products and services; |
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3.2.1.2 |
where credit is extended through Residential and Commercial Energy Services,
Fleet Services and Convenience Retail Services, to obtain credit reports or
credit histories for purposes of assessing applications for credit or account
payment delinquencies; |
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3.2.1.3 |
to collect on outstanding accounts; |
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3.2.1.4 |
to understand customer needs and preferences and develop and enhance our
products and services; |
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3.2.1.5 |
if customers do not opt out, to market our products and services; |
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3.2.1.6 |
to comply with legal requirements; and |
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3.2.1.7 |
to respond to inquiries, including inquiries by telephone to our Customer
Service Centre or through the IRVING OIL web-site. |
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3.2.2 |
IRVING OIL will not disclose sensitive personal information (such as any
customer's financial information) to third parties, or share sensitive personal
information among its business units, for marketing purposes. Customers may
opt-out of the use or disclosure of their personal information by or to IRVING
OIL business units or third parties for marketing purposes (see section 3.3.7
below). |
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3.2.3 |
At the time that the information is collected, an individual will be advised of
the purposes for which the information is collected. An individual may, at any
time, request or be given an explanation of how their personal information is
being used. |
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3.2.4 |
If IRVING OIL proposes to use or disclose personal information for a purpose not
previously identified, the new purpose will be identified prior to the new use.
Unless the new purpose is required or permitted by law, the consent of the
individual is required before the information can be used or disclosed for that
purpose. |
| 3.3 |
Principle 3 - Obtaining consent
IRVING OIL will obtain the consent of individuals before or when it collects,
uses or discloses personal information, except when inappropriate. IRVING OIL
will make reasonable efforts when obtaining consent to ensure that individuals
understand how IRVING OIL will use and disclose the personal information it
collects. |
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3.3.1 |
All of the circumstances in which IRVING OIL may collect, use or disclose
personal information without the knowledge or consent of an individual are as
specified and permitted by legislation. For example, IRVING OIL may collect, use
or disclose personal information about an individual if it is clearly in the
interests of an individual and consent cannot be obtained in a timely way, such
as when an individual is seriously ill or incapacitated or in cases of
emergencies threatening life, health or security. |
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3.3.2 |
IRVING OIL will use reasonable efforts to ensure that an individual is advised
of the identified purposes for which personal information will be used or
disclosed. Purposes will be stated in a manner that can be reasonably understood
by the individual |
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3.3.3 |
Generally, IRVING OIL will seek consent to use and disclose personal
information at the same time it collects the information. However, IRVING OIL
may seek consent to use and disclose personal information after it has been
collected, but before it is used or disclosed for a new purpose. |
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3.3.4 |
IRVING OIL will require individuals to consent to the collection, use or
disclosure of personal information as a condition of the supply of information
or services to the individual only if such collection, use or disclosure is
necessary to provide the information or services. |
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3.3.5 |
In determining the appropriate form of consent, IRVING OIL will take into
account the sensitivity of the personal information and the reasonable
expectations of its customers regarding the purposes for use or disclosure of
the information by IRVING OIL. |
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3.3.6 |
A customer may withdraw consent at any time, subject to legal or contractual
restrictions and reasonable notice. Customers may contact IRVING OIL for more
information regarding the implications of withdrawing consent. |
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3.3.7 |
Customers or individuals may opt-out or refuse to consent to the use or
disclosure of their personal information for marketing purposes by contacting
the Customer Contact Centre at 1-800-IRVING-1. |
| 3.4 |
Principle 4 - Limiting
collection of personal information
IRVING OIL shall limit the collection of personal information to that which
is necessary for the purposes identified by IRVING OIL. IRVING OIL will collect
personal information by fair and lawful means |
| 3.5 |
Principle 5 - Limiting use,
disclosure and retention of personal information
IRVING OIL will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual, or as required or permitted by law. Personal information will be retained only as long as necessary for the fulfilment
of those purposes. |
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3.5.1 |
IRVING OIL has a records retention policy that specifies the length of time that
records are maintained. All personal information is accessible only by IRVING OIL's
personnel, or service providers, who need access to that information for the
performance of their duties or services. |
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3.5.2 |
IRVING OIL destroys, erases or makes anonymous, personal information that is no
longer required to fulfill the identified purposes. |
| 3.6 |
Principle 6 - Keeping prsonal
information accurate
IRVING OIL will keep personal information as accurate, complete and up to
date as necessary for the purposes for which it is to be used. |
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3.6.1 |
Information will be sufficiently accurate, complete and up to date so as to
minimize the possibility that inappropriate information may be used to make a
decision about an individual. |
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3.6.2 |
IRVING OIL will update personal information about customers on an on-going
basis, when necessary to fulfill the purposes identified in this Policy, or upon
notification by the individual. |
| 3.7 |
Principle 7 - Safeguarding personal
information
IRVING OIL will protect personal information with security safeguards
appropriate to the sensitivity of the information. |
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3.7.1 |
IRVING OIL will protect personal information against loss or theft as well as
unauthorized access, disclosure, copying, use or modification, regardless of the
format in which the information is held, using appropriate security safeguards. |
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3.7.2 |
IRVING OIL shall protect personal information transferred to third parties
providing services to IRVING OIL through contractual measures or other
arrangements stipulating the confidentiality of the information, restricting the
purposes for which the information is to be used and prohibiting its disclosure
to third parties except in accordance with this Privacy Policy. |
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3.7.3 |
IRVING OIL will make its employees aware of the importance of maintaining the
confidentiality of personal information. 3.7.4. IRVING OIL will dispose of
personal information in a manner that prevents unauthorized parties from gaining
access to the information. |
| 3.8 |
Principle 8 - Being open about policies and procedures
IRVING OIL will make readily available to individuals specific information about
IRVING OIL policies and procedures relating to the management of personal
information. |
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3.8.1 |
IRVING OIL will be open about its policies and procedures with respect to the
management of personal information. Individuals will be able to acquire
information about our policies and procedures at minimal cost and without
unreasonable effort. This information will be made available in a form that is
generally understandable. |
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3.8.2 |
The information made available by IRVING OIL will include: |
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3.8.2.1 |
the name, title and address of the individual who is accountable for IRVING OIL's
policies and procedures and to whom complaints or inquiries can be forwarded; |
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3.8.2.2 |
the means of gaining access to personal information held by IRVING OIL; |
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3.8.2.3 |
a description of the type of personal information held by IRVING OIL, including
a general account of its use through availability of this Privacy Policy; and |
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3.8.2.4 |
a copy of any documents that describe IRVING OIL's privacy policies, standards
and/or codes. |
| 3.9 |
Principle 9 - Providing access to personal information
On written request, and subject to the exemptions stipulated by law, IRVING
OIL will inform individuals of the existence, use and disclosure of their
personal information and provide access to that information. An individual will
be able to challenge the accuracy and completeness of the information and have
it amended as appropriate. |
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3.9.1 |
On written request, IRVING OIL will inform an individual whether or not IRVING
OIL holds personal information about them, and will indicate the source of this
information, if available. If IRVING OIL possesses such information, it will
allow the individual or employee access to this information. In addition, IRVING
OIL will provide an account of the use that has been made or is being made of
this information and an account of the third parties, if any, to which it has
been disclosed. |
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3.9.2 |
IRVING OIL may require an individual or employee to provide sufficient
information to permit IRVING OIL to provide an account of the existence, use and
disclosure of personal information. The information provided will only be used
for this purpose. |
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3.9.3 |
In certain situations, IRVING OIL may not be able to provide access to all of
the personal information that it holds about an individual. For example, access
to information may not be provided if doing so would likely reveal personal
information about a third party or could reasonably be expected to threaten the
life or security of another individual. In addition, IRVING OIL may not provide
access to information if disclosure would reveal confidential commercial
information, if the information is protected by solicitor-client privilege, if
the information was generated in the course of a formal dispute resolution
process or if the information was collected in relation to the investigation of
a breach of an agreement or a contravention of a federal or provincial law. If
access to personal information cannot be provided, IRVING OIL will provide the
reasons for denying access unless prohibited by law from doing so. |
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3.9.4 |
IRVING OIL will respond to an individual's request within a reasonable time and
at minimal or no cost (provided IRVING OIL's out of pocket expenses are
covered). The requested information will be provided or made available in a form
that is generally understandable. |
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3.9.5 |
When an individual or employee successfully challenges the accuracy or
completeness of personal information, IRVING OIL will correct, delete or add
information as required. When appropriate, the amended information will be
transmitted to any third parties having access to the information in question. |
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3.9.6 |
When a challenge to the accuracy or completeness of personal information is not
resolved to the satisfaction of the individual, the unresolved difference will
be noted in the individual's file. When appropriate, the existence of the
unresolved difference will be transmitted to any third parties having access to
the information in question. |
| 3.10 |
Principle 10 - Challenging compliance
A customer will be able to address a challenge concerning compliance by IRVING OIL with this Policy to the designated individual accountable for IRVING OIL's
compliance with this Privacy Policy. |
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3.10.1 |
IRVING OIL will implement procedures to receive and respond to complaints or
inquiries about its policies and procedures relating to the handling of personal
information. The complaint process will be easily accessible and simple to use.
IRVING OIL may ask a customer for a written form of complaint to ensure accuracy
and obtain reasonable specifics. |
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3.10.2 |
IRVING OIL will investigate all complaints. If a complaint is found to be
justified, IRVING OIL will take appropriate measures, including amending its
policies and procedures if necessary. |
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3.10.3 |
IRVING OIL will inform individuals and employees who lodge complaints, or
inquire about complaint procedures, about the existence of these procedures. |
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3.10.4 |
For more information on IRVING OIL's privacy practices, or to make a complaint
contact: Privacy Officer, c/o Legal Affairs, P.O. Box 1421, Saint John, New
Brunswick, E2L 4K1. |
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3.10.5 |
Individuals also have recourse to the Office of the Privacy Commissioner of
Canada , at the address noted below, if they consider that IRVING OIL has not
responded satisfactorily to their complaint or inquiry. |
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Privacy Commissioner of Canada
112 Kent Street Ottawa , Ontario
K1A 1H3
Phone: (613) 995-8210
Toll-free: 1-800-282-1376
Fax: (613) 947-6850
(http://www.privcom.gc.ca/index_e.asp)
For a copy of the Personal Information Protection and Electronic Documents Act, please access the web site of the Privacy Commissioner of Canada at www.privcom.gc.ca.
The CSA Model Code is Schedule 1 to the Personal Information Protection and Electronic Documents Act. For copies of the CSA Model Code for the Protection of Personal Information, please contact the Canadian Standards Association, 178 Rexdale Blvd. , Etobicoke , Ontario M9W 1R3 .
SCHEDULE "A"
Irving Oil Limited - Business Units
- Convenience Retail;
- Fleet Services
;
- Public Affairs Group; and
- Residential and Commercial Energy Services
Irving Oil Limited Affiliates
- Irving Aviation Services Limited
- Irving Energy Services Limited Services D'Energie Irving Limitee
- Irving Fleet Services Limited
- S. Cunard & Company Limited
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