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SCOPE AND APPLICATION
This Privacy Policy contains ten principles that are observed by
The Tremblant Activity Centre regarding the collection, use and disclosure of personal
information. Each principle must be read in conjunction with the
accompanying commentary. The commentary in the The Tremblant Activity Centre Privacy
Policy has been tailored to reflect personal information issues
specific to The Tremblant Activity Centre.
The scope and application of the The Tremblant Activity Centre Privacy Policy are as
follows:
The Policy applies to personal information about The Tremblant Activity
Centre's customers and other individuals that is collected, used
or disclosed by The Tremblant Activity Centre.
The Policy does not apply to information about The Tremblant Activity
Centre's corporate customers; however, such information is protected
by other Tremblant Activity Centre policies and practices and through
contractual arrangements.
The Policy does not apply to information about The Tremblant Activity
Centre's employees; however, such information is protected by other
Tremblant Activity Centre policies and practices.
This Policy is subject to change, and may be supplemented or modified
by additional terms applicable between The Tremblant Activity Centre
and an individual.
DEFINITIONS
Collection - the act of gathering, acquiring, recording, or obtaining
personal information.
Consent - voluntary agreement with the collection, use and disclosure
of personal information for defined purposes. Consent can be either
express, implied or deemed, and can be provided directly by the
individual or by an authorized representative. Express consent can
be given orally, electronically or in writing. Implied consent is
consent that can reasonably be inferred from an individual's action
or inaction. Deemed consent is consent that is deemed to be given
pursuant to applicable legislation or other regulations.
Disclosure - making personal information available to a third party.
Personal information - information about an identifiable individual,
but does not include aggregated information that cannot be associated
with a specific individual. Personal information also excludes certain
information as is excluded pursuant to applicable legislation or
other regulations, such as publicly available information or business
contact information, as and when applicable.
The Tremblant Activity Centre - The Tremblant Activity Centre Inc.
Third party - an individual or organization outside The Tremblant Activity Centre.
Use - the treatment, handling and management of personal information
by and within an organization.
Principle 1 - Accountability
The Tremblant Activity Centre is responsible for personal information under its control
and shall designate one or more persons who are accountable for
The Tremblant Activity Centre's compliance with the following principles.
1.1 The Tremblant Activity Centre shall designate one or more persons
to be accountable for compliance with the Policy.
1.2 The Tremblant Activity Centre shall make known, upon request, the title of the
person or persons designated to oversee The Tremblant Activity Centre's compliance with
the Policy.
1.3 The Tremblant Activity Centre is responsible for personal information in its possession
or under its control. The Tremblant Activity Centre shall use appropriate means to protect
personal information while information is being processed by a third
party on behalf of The Tremblant Activity Centre (see Principle 7).
1.4 The Tremblant Activity Centre shall implement policies and procedures to give effect
to the Policy, including:
a) implementing procedures to protect personal information and to
oversee The Tremblant Activity Centre's compliance with the The Tremblant Activity Centre Privacy Policy;
b) establishing procedures to receive and respond to inquiries or
complaints;
c) training and communicating to staff about The Tremblant Activity Centre's policies
and practices; and
d) developing public information to explain The Tremblant Activity Centre's policies
and practices.
Principle 2 - Identifying Purposes for Collection of Personal Information
The Tremblant Activity Centre shall identify and document the purposes for which personal
information is collected at or before the time the personal information
is collected or, when appropriate, at or before the time the personal
information is used for a new purpose.
2.1 The Tremblant Activity Centre collects personal information for the following purposes:
a) to establish and maintain a responsible commercial relationship
with customers;
b) for purposes identified to individuals or purposes obvious to
individuals, in respect of particular collections of personal information;
c) to meet legal and regulatory requirements;
d) to understand needs and preferences of individuals;
e) to develop, enhance, market and/or provide products and services;
f) to manage and develop The Tremblant Activity Centre's business and operations, including
transfer of data among affiliated entities.
Further references to "identified purposes" mean the purposes
identified in this Principle.
2.2 The Tremblant Activity Centre shall, as appropriate, specify orally, electronically
or in writing the identified purposes to the individual 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 The Tremblant Activity Centre
who shall explain the purposes.
Principle 3 - Consent
The knowledge and consent of an individual are generally required
for the collection, use or disclosure of personal information. In
certain circumstances personal information can be collected, used
or disclosed without the knowledge and consent of the individual,
such as in the case of an emergency where the life, health or security
of an individual is threatened.
The Tremblant Activity Centre may disclose personal information without knowledge or
consent to a lawyer or other advisor representing The Tremblant Activity Centre, to
collect a debt, to comply with a subpoena, warrant or other court
order, or as may be otherwise required or authorized by law.
3.1 In obtaining consent, The Tremblant Activity Centre shall use reasonable efforts
to ensure that an individual 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 individual.
3.2 Generally, The Tremblant Activity Centre shall seek consent to use and disclose
personal information at the same time it collects the information.
However, The Tremblant Activity Centre 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.
3.3 The Tremblant Activity Centre will require individuals 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 reasonably required to fulfill the identified purposes.
3.4 In determining the appropriate form of consent, The Tremblant Activity Centre shall
take into account the sensitivity of the personal information and
the reasonable expectations of the individual.
3.5 Where consent is required for a particular use or disclosure,
an individual may withdraw consent at any time, subject to legal
or contractual restrictions and reasonable notice. Individuals may
contact The Tremblant Activity Centre for more information regarding the implications
of withdrawing consent.
Principle 4 - Limiting Collection of Personal Information
The Tremblant Activity Centre shall limit the collection of personal information to
that which is necessary for the purposes identified by The Tremblant Activity Centre
and as permitted by law.
4.1 The Tremblant Activity Centre collects personal information primarily from the individual
to whom the information relates.
4.2 The Tremblant Activity Centre may also collect personal information from other
sources including credit bureaus or other third parties who represent
that they have the right to disclose the information, or as otherwise
permitted by law.
Principle 5 - Limiting Use, Disclosure and Retention of Personal
Information
The Tremblant Activity Centre 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. The Tremblant Activity Centre shall retain
personal information only as long as necessary for the fulfillment
of those purposes or as required or permitted by law.
5.1 The Tremblant Activity Centre may disclose an individual's personal information
to:
a) a person who in the reasonable judgment of The Tremblant Activity
Centre is seeking the information as an agent of the individual;
b) a company or individual employed by The Tremblant Activity Centre
to perform functions on its behalf, such as but not limited to research
or data processing;
c) another company or individual for the development, enhancement,
marketing or provision of any of The Tremblant Activity Centre's
products and services;
d) an agent used by The Tremblant Activity Centre to evaluate the
individual's creditworthiness or to collect the individual's account;
e) a credit reporting agency;
f) a public authority or agent of a public authority, if in the
reasonable judgment of The Tremblant Activity Centre, it appears
that there is imminent danger to life or property which could be
avoided or minimized by disclosure of the information;
g) another entity as part of a merger, a sale of assets or all or
part of a business, or any other corporate change or re-organization;
h) a third party or parties, where the individual consents to such
disclosure or disclosure is required or permitted by law.
5.2 Only The Tremblant Activity Centre employees with a business
need to know, or whose duties reasonably so require, are granted
access to personal information about individuals.
5.3 Depending on the circumstances, where personal information
has been used to make a decision about an individual, The Tremblant Activity Centre
shall retain, for a reasonable period of time, either the actual
information or the rationale for making the decision.
5.4 The Tremblant Activity Centre 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 or
permitted by law to be retained. Such information shall be destroyed,
erased or made anonymous.
5.5 Where appropriate, The Tremblant Activity Centre may communicate updates of personal
information to third parties.
Principle 6 - Accuracy
The Tremblant Activity Centre shall take steps to ensure that personal information
is as accurate, complete and up-to-date as is appropriate for its
purposes.
6.1 Personal information used by The Tremblant Activity Centre shall be sufficiently
accurate, complete and up-to-date to minimize the possibility that
inappropriate information may be used to make a decision about an
individual.
6.2 The Tremblant Activity Centre shall update personal information about individuals
as and when reasonably necessary to fulfill the identified purposes
or as reasonably requested by the individual.
Principle 7 - Security Safeguards
The Tremblant Activity Centre shall protect personal information by security safeguards
appropriate to the sensitivity of the information.
7.1 The Tremblant Activity Centre shall take appropriate and reasonable steps to protect
personal information against such risks as loss or theft, unauthorized
access, disclosure, copying, use, modification or destruction.
7.2 The Tremblant Activity Centre shall take appropriate and reasonable steps to protect
personal information disclosed to third parties, for example by
contractual agreements stipulating the confidentiality of the information
and the purposes for which it is to be used.
Principle 8 - Openness
The Tremblant Activity Centre shall make readily available to individuals specific
information about its policies and practices relating to the management
of personal information.
8.1 Copies of the Policy will be made available upon request.
8.2 The Tremblant Activity Centre shall make information about its policies and procedures
easy to understand, including:
a) the title and addresses of the person or persons accountable
for The Tremblant Activity Centre's compliance with the Policy and
to whom inquiries or complaints can be forwarded;
b) the means of gaining access to personal information held by The
Tremblant Activity Centre; and
c) a description of the type of personal information held by The
Tremblant Activity Centre, including a general account of its use.
Principle 9 - Individual Access
Upon request, The Tremblant Activity Centre shall inform an individual of the existence,
use and disclosure of his or her personal information, at a minimal
or no cost to the individual. An individual shall be able to challenge
the accuracy and completeness of the information and have it amended
as appropriate.
9.1 In certain situations, The Tremblant Activity Centre may not be able to provide
access to all the personal information that it holds about an individual.
For example, The Tremblant Activity Centre may not provide access to information if
doing so would likely reveal personal information about a third
party or could reasonably be expected to threaten the life or security
of an individual. Also, The Tremblant Activity Centre 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 law. If access to personal information cannot be provided,
The Tremblant Activity Centre shall, upon request, provide the reasons for denying access.
9.2 In order to safeguard personal information, an individual may
be required to provide sufficient identification information to
permit The Tremblant Activity Centre to authorize access to the individual's file.
9.3 Individuals can seek access to their personal information by
contacting a designated representative at The Tremblant Activity Centre.
9.4 The Tremblant Activity Centre will endeavor to respond to all requests within 30
days or, in any event, as required or permitted by applicable law.
Principle 10 - Handling Inquiries and Challenges
An individual shall be able to address a challenge concerning compliance
with the above principles to the designated person or persons accountable
for The Tremblant Activity Centre's compliance with the Policy.
10.1 The Tremblant Activity Centre shall maintain procedures for addressing and responding
to all inquiries or complaints from individuals about The Tremblant Activity Centre's
handling of personal information.
10.2 The Tremblant Activity Centre shall inform its customers about the existence of
these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with this
Policy may seek external advice where appropriate before providing
a final response to individual complaints.
Contact: yourprivacy@tremblantactivities.com
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