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Make
Your Mark! Marketing's Policy
on
the Collection, Use and Disclosure of Personal Information
Objective & Scope
of Policy
Consistent
with our professional obligations, Make Your Mark! Marketing (MYMM) is
dedicated to maintaining high standards of confidentiality with respect to the
information that has been provided to us. This policy statement has been
prepared to affirm our commitment to maintaining the privacy of our clients and
others and to inform you of our practices concerning the collection, use and
disclosure of Personal Information collected by MYMM.
Our obligations as professionals are governed by the Alberta Personal
Information Protection Act, which imposes obligations regarding the way
private sector organizations within Alberta
collect, use and disclose personal information. These obligations apply to all
professionals, employees, contractors and agents who provide services in
connection with our delivery of services to our clients.
For the purposes of this Policy, "Personal Information" means any information,
recorded in any form, about an identified individual, or an individual whose
identity may be inferred or determined from the information. This policy does
not cover any information, recorded in any form, about more than one individual
where the identity of the individuals is not known and cannot be inferred from
the information ("Aggregated Information"). MYMM retains the right to use
Aggregated Information in any way that it determines appropriate.
Using contractual or other arrangements, MYMM shall ensure that agents,
contractors or third party service providers, who may receive Personal
Information in the course of providing services to MYMM as part of our delivery
of products and services, protect that Personal Information in a manner
consistent with the principles articulated in this Policy Statement.
Professional Relationship
As a
general rule, all information concerning the business and affairs of a person
or organization acquired (1) for the purposes of determining whether MYMM will
enter into a professional relationship or (2) in the course of a professional
relationship shall be held in strict confidence and not revealed to anyone
unless expressly or implicitly authorized by the person or organization concerned.
A professional relationship develops when MYMM agrees to be retained to provide
services to a particular individual or organization. In order to protect their
own interests, individuals or organizations should not send confidential
information to MYMM until they have had a direct discussion with a professional
at MYMM regarding the retention of MYMM to provide services.
The
Collection, Use & Disclosure of Personal Information
Your
provision of Personal Information to MYMM means that you agree and consent that
we may collect, use and disclose your Personal Information in accordance with
this Privacy Policy. If you do not agree with these terms, you are requested
not to provide any Personal Information to MYMM. Unfortunately, certain
services can only be offered if you provide Personal Information to MYMM.
Consequently, if you choose not to provide us with any required Personal
Information, MYMM may not be able to offer you those services.
MYMM
collects only such information from individuals or organizations as is required
for the purposes of providing services or information to them.
MYMM does not sell, trade, barter or exchange for consideration any Personal
Information it has obtained. Unless permitted by law, no Personal Information
is collected about an individual without first obtaining the consent of the
individual to the collection, use and dissemination of that information.
Personal Information will be collected, to the extent possible, directly from
the individual concerned.
Unless in the context of providing legal or other services, MYMM does not
knowingly collect Personal Information from anyone under the age of 18,
especially children under 13, and does not use such information if it discovers
that it has been provided by a minor.
MYMM may disclose Personal Information to organizations that perform services
on its behalf. Personal Information will only be provided to such organizations
if they agree to use such information solely for the purposes of providing
services to MYMM and under the instruction of MYMM and, with respect to that
information, to act in a manner consistent with the relevant principles
articulated in this Policy.
Please note that there are circumstances where the use and/or disclosure of
Personal Information may be justified or permitted or where MYMM is obliged to
disclose information without consent. Such circumstances may include:
-
Where
required by law or by order or requirement of a court, administrative agency or
other government tribunal;
-
Where
MYMM believes, upon reasonable grounds, that it is necessary to protect the
rights, privacy, safety or property of an identifiable person or group;
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Where
it is necessary to establish or collect money owing to MYMM;
-
Where
it is necessary to permit MYMM to pursue available remedies or limit any
damages that MYMM may sustain; or
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Where
the information is public.
Where obliged or permitted to disclose information without consent, MYMM will
not disclose more information than is required.
Accuracy
MYMM endeavours to
ensure that any Personal Information provided and in its possession is as
accurate, current and complete as necessary for the purposes for which MYMM
uses that information.
Retention
MYMM keeps Personal
Information only as long as it is required for the reasons it was collected.
The length of time information is retained varies, depending on the product or
service and the nature of the information. This period may extend beyond the
end of a person's relationship with us but it will only be for so long as it is
necessary for us to have sufficient information to respond to any issues that
may arise at a later date. When your Personal Information is no longer required
for MYMM's purposes, we have procedures to destroy, delete, erase or convert it
into anonymous form.
Security
MYMM endeavours to
maintain adequate physical, procedural and technical security with respect to
its offices and information storage facilities so as to prevent any loss,
misuse, unauthorized access, disclosure or modification of Personal
Information.
MYMM further protects Personal Information by restricting access to it to those
employees that the management of MYMM has determined need to know that
information in order that MYMM may provide its services.
In terms of communicating Personal Information to MYMM, you may wish to note
that there is no method of transmitting or storing data that is completely
secure. While the physical characteristics of each are different, mail,
telephone calls, faxes and transmissions over the Internet are all susceptible to
possible loss, misrouting, interception and misuse of the information being
communicated or transmitted.
As do many organizations, MYMM attempts to strike a reasonable balance between
security and convenience. In communicating with clients and others, MYMM often
requests the right to use a method of communication that is less secure than
some of its less convenient alternatives. An example of this is email. At this
time, when we use email, it may be sent as unencrypted plain text. We do this
because MYMM believes that many of our clients and others cannot readily
process encrypted email. This is done for the convenience of our clients but has the security concern that, if misrouted or intercepted, it could
be read more easily than encrypted email.
MYMM Website
MYMM provides clients
and others with general access to its website. During the course of an
individual's use of the Internet, he or she will learn of the common use of
"cookies." "Cookies" are files or pieces of information that may be stored in a
computer's hard drive when an individual visits a website. Most Internet
browsers are initially set to accept cookies. If you do not wish to accept
cookies, you can set yours to refuse cookies or to alert you when cookies are
being sent. MYMM's website does not presently use cookies, clear GIFs or any
type of "web bug."
Requests for
Access to Personal Information
The law permits
individuals to submit written requests to us to provide them with:
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their
Personal Information under our custody or control;
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information
about the purposes for which their Personal Information under our custody or
control has been and is being used by us; and
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the
names of persons to whom, and the circumstances in which, their Personal
Information has been and is being disclosed by us.
MYMM will respond to requests in the time allowed by the Personal
Information Protection Act and will make reasonable efforts to assist
applicants and to respond as accurately and completely as reasonably possible.
All requests may be subject to any fees and disbursements the law permits us to
charge.
An individual's ability to access his or her Personal Information under our
control is not absolute. The law provides that we must not disclose Personal
Information where:
- the disclosure could reasonably
be expected to threaten the safety or physical or mental health of an
individual other than the individual who made the request;
- the disclosure would reveal
personal information about another information; or
- the disclosure would reveal the
identity of an individual who has in confidence provided us with an
opinion about another individual and the individual providing the opinion
does not consent to the disclosure of his or her identity.
The law further
provides that we may choose not to disclose Personal Information where:
- the Personal Information is
protected by any legal privilege;
- the disclosure of the
information would reveal confidential commercial information and it is not
unreasonable to withhold that information;
- the Personal Information was
collected by us for an investigation or legal proceeding;
- the disclosure of the Personal
Information might result in similar information no longer being provided
to us when it is reasonable that it would be provided;
- the Personal Information was
collected or created by a mediator or arbitrator in the conduct of a
mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
- the Personal Information
relates to or may be used in the exercise of prosecutorial discretion.
The Personal
Information Protection Act indicates that it is not to be applied so as to
affect any legal privilege. We will not disclose information that is privileged
where the applicant is not the client in whom the privilege is vested.
Requests for
Correction of Personal Information
The law permits
individuals to submit written requests to MYMM to correct errors or omissions
in their Personal Information that is in our custody or control. We will:
- correct the Personal
Information and, if reasonable to do so, send correction notifications to
any other organizations to whom we disclosed the incorrect information;
- decide not to correct the
Personal Information but annotate the Personal Information that a
correction was requested but not made.
Contacting or
Communicating With Us
If you have any
questions with respect to our policies concerning the handling of your Personal
Information, or if you wish to request access to, or correction of, your
personal information under our care and control, please contact:
Ardis Westgard
Make Your Mark! Marketing
2163 78 Street
Edmonton, AB
T6K 2E4
780-469-6244 (tel)
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