Personal information, its collection and potential use
What is “personal information”?
Personal information is any information about an identifiable individual, such as your name, e-mail address, mailing address(es), gender, date of birth, any answers and data you elect to provide to questionnaires, information collected electronically through the Company’s web site or other web site(s) operated by KLOX from time-to-time, and any other information that identifies who you are. There are various ways in which personal information about you may be collected by the Company; it can be provided by you directly, or it could be provided to the Company by some individual or entity other than you (i.e. commonly known as a “third party”).
What personal information does the Company collect, and why is it collected?
It is not the Company’s policy to collect an individual’s personal information indiscriminately; but rather it is collected only in order to address particular purposes or so that the Company may provide you with product(s) information and/or services that you have requested; the Company will only collect the relevant information from you that allows for the Company to effectively address these points. KLOX, or as the case may be, our third-party business partners (“agents”), will only use your personal information in order to either answer your request for information (or additional information), or for KLOX to improve its website, or as the Company has specifically disclosed to you at the time of the collection of the personal information and which you have provided your consent.
The Company may use your personal information in order to contact you, however, we will ask for your consent before you are put on any kind of automated mailing list (for example, a product information mailing list or Company electronic newsletter). Unless you provide the Company with your explicit consent, the Company will not share, sell or transfer your personally identified information to any third party. Noted below, however, are the exceptional circumstances where KLOX may be either legally compelled to share your personal information that it has retained or, were your personal information may be transferred to another entity and where in such situations your consent to do so would not be needed.
Using personal information in an aggregate manner – when & why
Any personal information gathered on the Company’s website may be used in the aggregate for research and development in order to improve the Company’s website and/or for future site development. Use of personal information in this aggregate manner will not place you at risk of being individually identified; no individual, and no particular parameters of any individual’s personal information, will be disclosed through using personal information in an aggregate manner.
There are a number of reasons why the Company might want to use personal information in an aggregate fashion. These include at least the following situations: to enable the Company to monitor its interest in its range of products, and to help the Company update and adjust the content of its website with respect to product preferences. Regarding the latter, this may be accomplished, in part, through the tracking of pattern page views on the Company’s website.
Will your knowledge and consent always be needed for the Company to collect, use or disclose your personal information?
In certain, very limited situations, the Company may need to collect, or use or disclose personal information without your knowledge or consent. Such circumstances may include, but are not necessarily limited to, the following:
- If the Company needs to notify patients about a product recall;
- If there is an emergency that threatens a person’s life, health or individual safety;
- If the personal information is already available from public records and there are no restrictions on accessing and/or using such records or the information in those records;
- If the Company is legally compelled to collect or disclose the personal information, for example, because of an order from a court or governmental regulatory authority having the competent jurisdiction to issue the order, or where there is an anticipated breach or contravention of law;
- If the Company is legally compelled by way of statute, regulation or other legal instrument to collect, use or disclose items or particular aspects of personal information due to the nature of the Company’s business or products.
Transferring personal information between KLOX’s affiliate companies; what if the Company, or a part of it, gets sold?
Subject to applicable laws and regulations, in order to perform any services or provide you with any information that you have requested from the Company, the Company reserves the right to transfer to any of its corporate affiliates any information that you have submitted and that the Company has retained.
You should be aware that KLOX could engage in business transaction activities that may encompass or could result in activities such as, but not necessarily limited to: a financing investment, or a sale or transfer or divestiture of a business unit(s) of the Company or the Company per se, or the securitization or monetization of certain assets of the Company, or an amalgamation of the Company or a part of the Company with a third party business enterprise. In the course of any such process, due diligence exercises would or could be performed by the parties involved and/or their business/legal advisors, and as such, the Company may use or disclose (under strict confidentiality) information of any type that it has on record to those involved in the transaction as part of the due diligence and/or upon the completion of the transaction transfer such information to the other party or new entity – information and data from customers, potential customers and individuals who have submitted such to the Company through its website which may form a part of the information that is disclosed or transferred for the transaction.
What if you are outside of Canada and accessing the Company’s website?
The laws differ between countries with respect to the legal protection and security of personal information; under most circumstances, a country’s laws do not apply to activities that take place in another country. If you are visiting the Company’s website from a country other than Canada, your communication with the Company and the Company’s communication with you will by default result in the transfer of information across international borders. By using this site, you hereby consent to the Company’s collection, storage, and processing of your information in Canada and in any country that the Company may transfer, subject to applicable laws and regulations, your information to in the course of the Company conducting its business operations. The Company will take reasonable and prudent measures, including those described in this Policy, in an effort to keep your information secure and to ensure that personal information is accurate, complete and relevant to the intended purpose and use for which it is collected.
What is “consent”?
“Consent” entails a subjective state of mind; it is personal to the given individual. To be effective, the individual must be informed (i.e. knowledgeable of) and understand to what they are providing their consent, and it must be provided voluntarily. Depending on the particular context, definitions of “consent” may be found in various statutes in relation to particular, narrow topics, and the issue of “consent” has been the subject of many judicial decisions. For the purpose of this Policy, a general, broad definition/explanation of “consent” is to be applied, such as:
Consent. A concurrence of will. Voluntarily yielding the will to the proposition of another; acquiescence or compliance therewith. Agreement; approval; permission; the act or result of coming into harmony or accord. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or [bad] on each side. It means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another. It supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake. [Black’s Law Dictionary, 6th Ed., 1990]
How you can (or may) consent to the collection of your personal information, and when and how you can withdraw your consent
As an individual, you always have control over your consent; your consent is something that is personal to you, and it is not something that can be “owned” by a third party. Notwithstanding the limited circumstances mentioned above, when the Company collects, or uses, or discloses your personal information the Company will beforehand seek your consent to do so, either by asking you a direct question in that regard or by providing you with a mechanism that allows you to provide your consent in the given circumstance. The Company will not use your personal information in an indiscriminate fashion, and but for the exceptional circumstances, the Company will only use that information that it has collected from you and only for the purposes for which it was collected or which are subsequently authorized by you.
Before the Company collects your personal information from you, it will, whenever possible, provide you with a written description in as reasonably detailed a fashion as possible and using clear, jargon-free wording as to why it wishes to collect your personal information and the purpose(s) for its use by the Company. If the Company wishes to use your personal information for another purpose for which it was collected under your consent, the Company will request your consent for the use of your personal information for the new purpose before it uses your personal information for the new purpose. If there is ever any doubt in your mind as to what you may be consenting to, please do not provide your consent or click/check an “Agree” or “I agree” or “I accept” or functionally similar button, and do not proceed to use the Company’s website.
There are various ways in which you can provide your consent to the Company to collect and to use the information that you provide; broadly speaking, you can provide your consent in an express manner, or you can provide your consent impliedly were such is permitted by law.
If you expressly consent, you can do so by giving your consent in writing, or verbally or through an electronic means of communication. By way of example, you could provide your express consent by signing your name (i.e. in ink, by hand) on a form that states “I agree to the terms …” or “I consent to …”; or by responding verbally to a direct question from a representative of the Company via telephonic communications; or by clicking or checking on a button such as “I agree” or “I accept” or “Proceed” or “Next” or “Run” or “I confirm” on an online form or webpage. In some instance, the Company may ask for your written verification that you have indeed provided your express consent before the Company provides you with the particular product or information or service or proceeds to undertake a particular action.
In some instances, however, your consent may be implied through your action or by the fact that you have continued to use a product or service after having been informed about the particulars of, or any changes to, the product or service and understanding the information that has been provided to you.
Examples of situations of where you may have provided your information for a particular purpose and your consent for the Company to use that information that you have supplied for that purpose may be implied could include (but may not be limited to) the following situations: when you complete a survey or an evaluation and submit the information; or when you submit a request to the Company for information about particular products or services; when you submit your feedback to the Company about its products or services; when you submit comments, questions or make other enquiries with the Company, or when you complete and submit an online form or click on the particular options in a menu/list in order to access and use a particular feature or option of this or another Site of the Company.
You can always withdraw your consent – at any time, for any reason
You may at any time and for any reason (and without needing to provide the reason(s) to the Company), withdraw your consent with respect to the collection and use of your personal information by the Company. As well, you may at any time and for any reason withdraw your consent to receive further communications (regardless of the format) or other services from the Company. You may withdraw consent by utilizing the website’s tools, either by changing your “choice” on the Company’s website (if that menu option is available), or by using an “unsubscribe” option in order to cease receiving e-mail communications, or by contacting the Company through the communication channels detailed in Part H of this Policy.
If you choose to withdraw your consent, your choice to do so will not generally affect your relationship with the Company. Withdrawing your consent is a matter that is personal to you, and your choice to do so will not mean that the Company will consider you as being ineligible for being a customer of the Company. If you choose to withdraw your consent, the withdrawal will have an effect as of that date; thereafter, the Company may not be able to provide you a particular product or requested information from that point in time onwards. If you withdraw your consent, the Company will take timely measures to promptly update its records and files, however, updating files and records may take some degree of time depending upon the number and complexity of the records that require updating.
Accuracy, access & retention of personal information
Striving for accuracy & your access to your information
You have the right to access, verify, rectify and update your personal information. While the Company will take reasonable measures in order to ensure the completeness, accuracy and timeliness of your personal information that it has collected and retained, the Company does rely on you to inform it if you are aware that your personal information is inaccurate or out-of-date. If you inform the Company that either of these circumstances is in fact the case, the Company will undertake steps to rectify any errors or inaccuracies, or to delete or add to the information profile as may be appropriate in the circumstances.
When you submit your personal information to the Company, you may, at any time thereafter and for any reason, contact the Company and ask to know what personal information the Company has collected and retained about you, and how that information is being used. If you submit such a request, you will need to provide enough information so as to enable the Company to account for the existence, use, and disclosure (if any) of your information. If you need help with preparing your request for access to personal information, an appropriate person or persons from the Company will be able to assist you. Although we will try to respond to your request as promptly as possible (at least within thirty (30) days of receiving such request), this may depend on type of information and the extensiveness (or complexity) of your request, and the Company may ask you for further details or information in order that it may timely and appropriately respond to your request. If, as the case may be, you have an account profile on the Company’s website, you may be able to login into your account and view, modify or update your information as appropriate.
Please be aware that the Company may not be able to release certain information to you; the requested information or records may also contain personal information of a third party(s) and the Company is obligated to protect the privacy of those individual’s personal information just as it is obliged to protect the privacy of your personal information that it has collected and retained. If the records that you have requested also contains personal information of third party individuals, for example other customers, or the records contain information that is confidential to the Company or information that is the property of the Company, the Company is obligated to protect the confidentiality of those persons and their legal rights concerning such information, and as such, the records cannot be made available to anyone outside of the Company. If such is the situation, the Company can address your request by making factual information available to you that is specific to your personal information that is the topic of your request. In the event that the Company is unable to disclose to you the information that you have requested, the Company will, subject to any legal restrictions, provide you with an explanation as to why such is the case.
Retention of personal information – how long
The Company does not have the intention of forever retaining individual’s personal information that it has collected; it will only retain your personal information that it has collected for as long as reasonably necessary to accomplish the purpose for which it was collected. As the reasons for collecting individual’s personal information varies, this means that the time the collected information may be retained could also vary, and as well, the retention time may also depend on the nature of the information itself. If the Company is permitted or compelled for legal reasons to retain the collected personal information for a particular period of time post-collection or for a period of time after the conclusion of a particular event, then the Company shall retain the collected personal information for at least the specified period of time in order to comply with its legal obligation(s). As such, even after your relationship (active or passive) with the Company has ended, the Company may be in a position of needing to retain your personal information for a period of time.
Upon the appropriate time that an individual’s personal information no longer needs to be retained by the Company, the Company shall, as the case may be, destroy (e.g. by shredding or chipping physical/hard copy material and discs) and/or erase (e.g. by scrubbing hard drives) or aggregate and render it anonymous. Prior to disposing of any electronic devices such as computer hard-drives, cellular phones, photocopiers and facsimile machines, the Company shall ensure that all personal information is erased from such electronic devices.
Cookies and tracking information
The Company, similar to nearly every other company that operates a website, may use stereotypical technology referred to as “cookies” on it Sites in order to automatically collect and track technical information when you visit the website. Such technical information may include your internet provider (IP) address, the type of browser (e.g. Google, Firefox, Internet Explorer), the operating system of the device that you are using (i.e. the OS of your computer, tablet or mobile device), the duration of your visit and/or the sequence of sites/pages that you visit and the domain names of the Company’s users. In order to better serve you and other individual visitors to the Company’s Sites, the Company may aggregate this information in order to analyze trends and generate statistical information regarding the Sites. None of this aggregated information is linked to any personally identifiable information and it could not be used to identify any particular individual.
You have the option to disable cookies by turning them off in your browser that you are using (e.g. in Google Chrome, by going to the “Settings” function, then “Advanced” and then the “Privacy and Security” menu and following the prompts). You should be aware, however, that if you disable cookies, some areas of the Sites may not function properly for you when you visit the website.
The Company does not knowingly solicit or collect personal information from children and minors, nor does the Company knowingly allow them to either become registered users of the Company’s Sites or to allow them to request information through the Company’s websites or help-seeking information lines of communication. The Company considers the protection of children’s and minor’s privacy to be of the utmost importance; any voluntary request(s) for product recommendation-related information should be made by the parent(s) or legal guardian of the child or minor, and the Company will only collect such information insofar as it may be necessary in order to address the given request for providing the product recommendation information.
Changes/revisions to the Policy
The Company reserves the right to, at its sole and exclusive discretion, revise this Policy at any time and for any reason. In the event of any revision to this Policy or any part of the Policy, the Company will post the changes on its website so as to enable them to be easily identified and contextualized and so that you will always be informed about the personal information that the Company may collect about you and how the Company may use such collected information, and how the Company may disclose that information. The Company asks that you periodically check this Policy so that you remain informed in a timely fashion about any changes to the Policy.
Contact the Company
In the event that you have any questions, comments or complaints regarding this Policy or how the Company collects, uses or retains your personal information, or if you wish to access, review or update your personal information that the Company has collected, or if you wish to withdraw your consent to the Company’s use of your personal information (subject to any legal requirements or similar exception that the Company may have concerning retaining or disclosing such personal information), please feel free to contact the Company to contact the Company by telephone at 1-866-653-5569 or by e-mail at firstname.lastname@example.org at our main address of 275 boul. Armand-Frappier, Laval (Qc), H7V 4A7, CANADA.
If any question, inquiry, request or complaint is not resolved to your satisfaction, you may contact:
Office of the Federal Privacy Commissioner
112 Kent Street Ottawa, Ontario K1A 1H3
Toll Free: 1-800-282-1376
Thank you for taking the time to read this Policy.