INTRODUCTION
SUMMARY OF PRINCIPLES
SCOPE AND APPLICATION
DEFINITIONS
PRINCIPLE 1: ACCOUNTABILITY
PRINCIPLE 2: IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
PRINCIPLE 3: OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
PRINCIPLE 4: LIMITING COLLECTION OF PERSONAL INFORMATION
PRINCIPLE 5: LIMITING USE, DISCLOSURE, AND RETENTION OF PERSONAL INFORMATION
PRINCIPLE 6: ACCURACY OF PERSONAL INFORMATION
PRINCIPLE 7: SECURITY SAFEGUARDS
PRINCIPLE 8: OPENNESS CONCERNING POLICIES AND PRACTICES
PRINCIPLE 9: CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
PRINCIPLE 10: CHALLENGING COMPLIANCE

INTRODUCTION

Road Warriors Paralegal Services ("Road Warriors" or "the Company"), provides a complete range of services to customers, including traffic ticket defence, pardon and waiver services and membership programs for traffic defence.

Road Warriors has long been committed to maintaining the accuracy, confidentiality, security and privacy of customers' and employees' personal information.

SUMMARY OF PRINCIPLES

Principle 1 - Accountability

Road Warriors is responsible for personal information under its control. Road Warriors's privacy officer is accountable for the Company's compliance with the Road Warriors Privacy Code.

Principle 2 - Identifying Purposes for Collection of Personal Information

Road Warriors shall identify the purposes for which personal information is collected at or before the time the information is collected.

Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information

The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.

Principle 4 - Limiting Collection of Personal Information

Road Warriors shall limit the collection of personal information to that which is necessary for the purposes identified by the Company. Road Warriors shall collect personal information by fair and lawful means.

Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information

Road Warriors shall 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 by law. Road Warriors shall retain personal information only as long as necessary for the fulfillment of the purposes for which it was collected.

Principle 6 - Accuracy of Personal Information

The personal information Road Warriors maintains shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Principle 7 - Security Safeguards

Road Warriors shall protect personal information through the use of security safeguards appropriate to the sensitivity of the information.

Principle 8 - Openness Concerning Policies and Practices

Road Warriors shall make readily available to customers and employees specific information about its policies and practices relating to its management of personal information.

Principle 9 - Customer and Employee Access to Personal Information

Road Warriors shall inform a customer or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information. A customer or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Principle 10 - Challenging Compliance

A customer or employee shall be able to address a challenge concerning compliance with the above principles to the person accountable for Road Warriors's compliance with this Code.

SCOPE AND APPLICATION

The ten principles that form the basis of the Road Warriors Privacy Code are interrelated and Road Warriors shall adhere to the ten principles as a whole. Each principle must be read in conjunction with the accompanying commentary.

The scope and application of the Road Warriors Privacy Code are as follows:

  • The Road Warriors Privacy Code applies to personal information about Road Warriors's customers and employees that are collected, used, or disclosed by the Company.
  • The Road Warriors Privacy Code applies to the management of personal information in any form whether oral, electronic or written.
  • The Road Warriors Privacy Code does not impose any limits on the collection, use or disclosure of the following information by Road Warriors:information that is publicly available, such as a customer's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; or
  • the name, title or business address or telephone number of an employee of an organization.
  • The application of the Road Warriors Privacy Code is subject to the requirements or provisions of any applicable legislation, regulations or agreements, such as collective agreements, or order of any court, or other lawful authority.

DEFINITIONS

collection - the act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

consent - voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either expressed or implied and can be provided directly by the individual or by an authorized representative. Expressed consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Road Warriors. Implied consent is consent that can reasonably be inferred from an individual's action or inaction.

customer - an individual who uses, or applies to use, Road Warriors's services or otherwise provides personal information to Road Warriors in the course of the Company's commercial activities.

disclosure - making personal information available to a third party.

employee - an employee or pensioner of Road Warriors, and for the purpose of this Code only, includes independent and other contractors performing services for and within Road Warriors.

personal information - information about an identifiable individual but not aggregated information that cannot be associated with a specific individual.

For a customer, such information includes credit information, billing records, service, and any recorded complaints.

For an employee, such information includes information found in personal employment files, performance appraisals, and medical and benefits information.

third party - an individual other than the customer, or the customer's agent, or organization outside Road Warriors.

use - the treatment, handling, and management of personal information by and within Road Warriors.

 

PRINCIPLE 1 - ACCOUNTABILITY

Road Warriors is responsible for personal information under its control. Road Warriors's Privacy Officer is accountable for the Company's compliance with the Road Warriors's Privacy Code.

1.1 Other individuals within Road Warriors may be delegated to act on behalf of Road Warriors's General Counsel or to take responsibility for the day-to-day collection and processing of personal information.
1.2 Road Warriors is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing or other purposes related to Road Warriors's business and operations. Road Warriors shall use contractual or other means to provide a comparable level of protection while the information is in the possession of the third party. (See principle 7)
1.3 Road Warriors shall implement policies and procedures to give effect to the Road Warriors Privacy Code, including:
  1. implementing procedures to protect personal information and to oversee the Company's compliance with the Road Warriors Privacy Code;
  2. establishing procedures to receive and respond to inquiries or complaints;
  3. training and communicating to employees about the Company's policies and practices; and
  4. developing public information to explain the Company's policies and practices.

 

 

PRINCIPLE 2 - IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION

Road Warriors shall identify the purposes for which personal information is collected at or before the time the information is collected.

2.1 Road Warriors collects personal information only for the following purposes:
  • to establish and maintain responsible commercial relations with customers and to provide ongoing service;
  • to understand customer needs;
  • to develop, enhance, market or provide products and services;
  • to manage and develop Road Warriors's business and operations, including personnel and employment matters; and
  • to meet legal and regulatory requirements.

    Further references to "identified purposes" in this Privacy Code mean the purposes identified in this Principle 2.
2.2 Road Warriors shall specify orally, electronically or in writing the identified purposes to the customer or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within Road Warriors who shall explain the purposes.
2.3 Unless required by law, Road Warriors shall not use or disclose for any new purpose personal information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the customer or employee.

 

 

PRINCIPLE 3 - OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION

The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.
3.1 In certain circumstances personal information can be collected, used or disclosed without the knowledge and consent of the individual. For example, Road Warriors may collect, use or disclose personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is a minor, seriously ill or mentally incapacitated.

Road Warriors may also collect, use and disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law. Road Warriors may also collect, use and disclose personal information without knowledge or consent if there is an emergency where the life, health or security of an individual is threatened.

Road Warriors may also collect, use and disclose personal information without knowledge or consent if disclosure is to a lawyer representing the Company, to collect a debt, to comply with a subpoena, warrant or other court order, or otherwise required by law.
3.2 In obtaining consent, Road Warriors shall use reasonable efforts to ensure that a customer or employee is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer or employee.
3.3 Generally, Road Warriors shall seek consent to use and disclose personal information at the same time it collects the information. However, Road Warriors 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.
3.4 Road Warriors will require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.
3.5 In determining the appropriate form of consent, Road Warriors shall take into account the sensitivity of the personal information and the reasonable expectations of its customers and employees.
3.6 In general, the use of Road Warriors's products and services by a customer, or the acceptance of employment or benefits by an employee, constitutes implied consent for Road Warriors to collect, use and disclose personal information for all identified purposes.
3.7 A customer or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers and employees may contact Road Warriors for more information regarding the implications of withdrawing consent.

 

 

PRINCIPLE 4 - LIMITING COLLECTION OF PERSONAL INFORMATION

Road Warriors shall limit the collection of personal information to that which is necessary for the purposes identified by the Company.

Road Warriors shall collect personal information by fair and lawful means.

4.1 Road Warriors collects personal information primarily from its customers or employees.
4.2 Road Warriors may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.

 

 

PRINCIPLE 5 - LIMITING USE, DISCLOSURE, AND RETENTION OF PERSONAL INFORMATION

Road Warriors shall 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 by law.

Road Warriors shall retain personal information only as long as necessary for the fulfillment of those purposes.

5.1 In certain circumstances, personal information can be collected, used or disclosed without the knowledge and consent of the individual. (See Principle 3.1)

5.2 In addition, Road Warriors may disclose a customer's personal information to
  1. another person for the development, enhancement, marketing or provision of any of Road Warriors's products or services;
  2. credit grantors and reporting agencies;
  3. a person who, in the reasonable judgment of the Company, is seeking the information as an agent of the customer; and
  4. a third party or parties, where the customer consents to such disclosure or disclosure is required by law.
5.3 Road Warriors may disclose personal information about its employees:
  1. for normal personnel and benefits administration;
  2. in the context of providing references regarding current or former employees in response to requests from prospective employers; or
  3. where disclosure is required by law.
5.4 Only those Road Warriors employees who require access for business reasons are granted access to personal information about customers and employees.
5.5 Road Warriors shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a customer or employee, Road Warriors shall retain, for a period of time that is reasonably sufficient to allow for access by the customer or employee, either the actual information or the rationale for making the decision.
5.6 Road Warriors shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.

 

 

PRINCIPLE 6 - ACCURACY OF PERSONAL INFORMATION

The personal information Road Warriors maintains shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal information used by Road Warriors shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a customer or employee.
6.2 Road Warriors shall update personal information about customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.

 

 

PRINCIPLE 7 - SECURITY SAFEGUARDS

Road Warriors shall protect personal information through security safeguards appropriate to the sensitivity of the information.

7.1 Road Warriors shall use appropriate security measures to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction regardless of the format in which it is held. Road Warriors shall use care in disposing of or destroying personal information, to prevent unauthorized parties from gaining access to the information.
7.2 Road Warriors shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All of Road Warriors's employees with access to personal information shall be required as a condition of employment to respect the confidentiality of personal information.

 

 

PRINCIPLE 8 - OPENNESS CONCERNING POLICIES AND PRACTICES

Road Warriors shall make readily available to customers and employees specific information about its policies and practices relating to the management of personal information.

8.1 Road Warriors shall make information about its policies and practices easy to understand, including:
  1. The title and address of the person or persons accountable for the Company's compliance with the Road Warriors Privacy Code and to whom inquiries or complaints can be forwarded;

  2. The means of gaining access to personal information held by the Company; and

  3. A description of the type of personal information held by the Company, including a general account of its use.
8.2 Road Warriors shall make available information to help customers and employees exercise choices regarding the use of their personal information and the privacy-enhancing services available from the Company.
9.0

PRINCIPLE 9 - CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
Road Warriors shall make available information to help customers and employees exercise choices regarding the use of their personal information and the privacy-enhancing services available from the Company.

Road Warriors shall inform a customer or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information, except in certain circumstances.

9.1 A customer or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.Upon request, Road Warriors shall afford customers and employees a reasonable opportunity to review the personal information in the individual's file. Personal information shall be provided in understandable form within a reasonable time and at a minimal or no cost to the individual.
9.2 In certain situations, Road Warriors may not be able to provide access to all of the personal information it holds about a customer or employee. Road Warriors shall provide the reasons for denying access upon request. For example:
  • 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;

  • 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;

  • 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; or

  • if the information is prohibitively costly to provide.
9.3 Upon request, Road Warriors shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Road Warriors shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard personal information, a customer or employee may be required to provide sufficient identification information to permit Road Warriors to account for the existence, use and disclosure of personal information and to authorize access to the individual's file. Any such information shall be used only for this purpose.
9.5 Road Warriors shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual's file. Where appropriate, Road Warriors shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
9.6 A customer can obtain information or seek access to his or her individual files by contacting a designated representative at one of Road Warriors's business offices.
9.7 An employee can obtain information or seek access to his or her individual files by contacting his or her immediate supervisor within Road Warriors


 

PRINCIPLE 10 - CHALLENGING COMPLIANCE

A customer or employee shall be able to address a challenge concerning compliance with the above principles to Road Warriors's Privacy Officer, the person accountable for Road Warriors's compliance with the Road Warriors Privacy Code.

10.1 Road Warriors shall maintain procedures for addressing and responding to all inquiries or complaints from its customers and employees about the Company's handling of personal information.
10.2 Road Warriors shall inform its customers and employees about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with the Road Warriors Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.
10.4 Road Warriors shall investigate all complaints concerning compliance with the Road Warriors Privacy Code. If a complaint is found to be justified, the Company shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A customer or employee shall be informed of the outcome of the investigation regarding his or her complaint.
 

For inquiries, complaints, more information or additional copies of the Road Warriors Code of Fair Information Practices contact:

Road Warriors Privacy Officer
2 Queenstion St.
St.Catharines, ON
L2R2Y7

For copies of the CSA Model Code for the Protection of Personal Information contact:

Canadian Standards Association
178 Rexdale Blvd.
Etobicoke, Ontario, M9W 1R3

To purchase a copy of the CSA Model Code visit the CSA Web Site at: www.csa.ca