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PIPEDA (Personal Information Protection and Electronic Documents Act) Policy

Intent

The Personal Information Protection and Electronic Documents Act (PIPEDA) establishes rules to govern the collection, use, and disclosure of personal information in a manner that recognizes the right to privacy of individuals with respect to their personal information and the need of organizations to collect, use, or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances. Driven Brands Canada is committed to protecting and respecting the personal information of its customers, employees, business partners, and all other entities it interacts with in accordance with PIPEDA. This policy will provide guidelines to ensure that Driven Brands Canada remains compliant with PIPEDA requirements.

Definitions

Breach of security safeguards  – The loss of, unauthorized access to, or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards, or from a failure to establish those safeguards.

Personal information – Information about an identifiable individual.

Security safeguards  – Security safeguards include the following:

  • Physical measures, for example, locking filing cabinets and restricted access to offices;
  • Organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and
  • Technological measures, for example, the use of passwords and encryption.

Significant harm – Includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record, and damage to or loss of property

Guidelines

Compliance

The following guidelines have been implemented to ensure Driven Brands Canada remains compliant with PIPEDA requirements. The personal information of Driven Brands Canada employees, customers, clients, business partners, etc., must be managed so as to meet the following PIPEDA requirements:

  • All personal information in Driven Brands Canada possession or custody must be protected in an appropriate manner.
  • Individuals must be informed as to why personal information is being collected.
  • Consent must be obtained for the collection of information.
  • The consent of an individual is only valid if it is reasonable to expect that the individual understands the nature, purpose, and consequences of the collection, use, or disclosure of the personal information.
  • Personal information may only be collected without consent if:
    • The collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
    • It was produced by the individual in the course of their employment, business, or profession, and the collection is consistent with the purposes for which the information was provided;
    • The collection is made for the purpose of making a disclosure; or
    • Any other reason as defined in PIPEDA's section 7. (1).
  • Individuals have the right to withdraw their consent.
  • Personal information collected is only collected, used, or disclosed for purposes that a reasonable person would consider appropriate in the circumstances.
  • Personal information is used only for the purposes for which it was collected, except with the consent of the individual or as required by law.
  • Personal information is retained only for the period of time that it is reasonably required.
  • Personal information is destroyed that is no longer required using a safe, secure, and effective manner (e.g., shredding).
  • All personal information collected is accurate.
  • Individuals are allowed to gain access to their personal information, and make corrections as appropriate.
  • Appropriate security and safeguards are employed for the protection of personal information.
  • Access to personal information is limited to authorized personnel who have a legitimate need to access the information.
  • Consent must generally be obtained prior to the release of personal information to any third party.
  • Consent to disclose personal information to a third party is not required if:
    • Driven Brands Canada has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada, a province/territory, or a foreign jurisdiction, and the information is used for the purpose of investigating that contravention;
    • It is used for the purpose of acting in respect to an emergency that threatens the life, health, or security of an individual;
    • The information was produced by the individual in the course of their employment, business, or profession, and the use is consistent with the purposes for which the information was produced; or
    • Any other circumstances as defined in PIPEDA's section 7. (2) are met.
  • The forms of information being collected must be identified and communicated to the individual as well as the rationale for the collection of these forms of information.
  • Individuals must be notified and consent must be obtained prior to using personal information for any reason other than those provided at the time of collection.

In addition to the above requirements, Driven Brands Canada will designate a representative to hold accountability for the organization's compliance with PIPEDA. The representative will hold responsibility for the management of the personal information policies and procedures of Driven Brands Canada.

  • The representative shall be the Privacy Manager

The PIPEDA representative shall be responsible for: 

  • Developing and implementing policies and practices under PIPEDA including:
    • Procedures that address the collection, use, retention, destruction, and management of personal information;
    • Procedures for protecting personal information;
    • Procedures for complaints and inquiries; and
    • Staff training on PIPEDA obligations.
  • Employing privacy agreements/contracts to ensure the protection of personal information where the information must be provided to a third party.
  • Reviewing policies, practices and procedures on an annual basis, or as needed, making appropriate revisions.

Breaches of Security Safeguards

Reporting Breaches

If Driven Brands Canada becomes aware of a breach of our security safeguards that compromises the privacy of the personal information retained by the company, the following action shall be taken:

  • The Privacy Manager is responsible for coordinating the response to the breach and ensuring that all reasonable action is taken to address the breach.
  • The Privacy Manager will notify the Privacy Commissioner of the breach in the prescribed form and manner as soon as feasible once Driven Brands Canada has determined that a breach has occurred.
  • Driven Brands Canada will comply to the greatest extent possible and in a timely manner with any requests, orders, or other instructions from the Office of the Privacy Commissioner in order to respond to and address the security breach.
  • Driven Brands Canada shall maintain records of every breach of security safeguards, and will provide the Privacy Commissioner with access to, or a copy of, a record of a breach, at the request of the Commissioner.

Notifying Affected Individuals

Determining Whether a Real Risk of Significant Harm Exists

Driven Brands Canada will assess the following factors when determining whether a security breach constitutes a real risk of significant harm to an individual or individuals:

  • The sensitivity of the personal information involved in the breach;
  • The probability that the personal information has been, is being, or will be misused; and
  • Any other prescribed factor.

Notifications

(Insert Title of Appropriate Authority) is responsible for ensuring that all individuals affected by the breach for whom the breach creates a real risk of significant harm are notified at the earliest available opportunity, subject to any legal restrictions. Notifications shall:

  • Contain sufficient information to allow the individual to understand the significance to them of the breach and to take steps, if any are possible, to reduce the risk of harm from it or to mitigate that harm.
  • Contain any other prescribed information.
  • Be conspicuous and given directly or indirectly to the individual in the prescribed form and manner as legislatively required as the situation dictates.
  • Be given as soon as feasible after the organization determines that the breach has occurred.

In addition to the individual(s) affected by the breach, Driven Brands Canada may notify other parties of the breach or disclose personal information relating to the breach, subject to the following guidelines:

  • Driven Brands Canada shall notify other organizations, government institutions, or part(s) of government institutions if it is believed that doing so can reduce or mitigate the harm from the breach.
  • Driven Brands Canada may disclose personal information without the knowledge or consent of the individual if:
    • The disclosure is made to the other organization, the government institution, or the part of a government institution, that was notified under the breach; and
    • The disclosure is made solely for the purpose of reducing the risk of harm to the individual that could result from the breach or mitigating that harm.

Privacy Policy (Client Files PIPEDA)

Intent

Driven Brands Canada has adopted this Policy to ensure that all Driven Brands Canada employees are aware of our commitment to the privacy and protection of client information.

Protecting the privacy and confidentiality of personal information is an important aspect of the way Driven Brands Canada conducts its business. Collecting, using, and disclosing personal information in an appropriate, responsible, and ethical manner is fundamental to Driven Brands Canada's daily operations.

Driven Brands Canada strives to protect and respect the personal information of its customers, employees, business partners, and so on in accordance with all applicable regional and federal laws. Each staff member of Driven Brands Canada must abide by the organization's procedures and practices when handling personal information.

Guidelines

Requirement of Confidentiality

In accordance with the Privacy Act and PIPEDA (Personal Information Protection and Electronic Documents Act), Driven Brands Canada requires all employees to handle sensitive personal client information in a confidential and appropriate manner. It is understood that employees of Driven Brands Canada will become aware of confidential information regarding our clients through the course of their employment. Employees agree that if confidential information is not effectively protected, the operations of Driven Brands Canada may be threatened, and the well-being and privacy of our clients may suffer irreparably.

Employees of Driven Brands Canada are required to keep all confidential information and relevant medical knowledge regarding both the Company and our clients confidential both during and after their term of employment. These practices have been adopted as they have been deemed essential to the protection of Driven Brands Canada, and the well-being and privacy of our clients.

Confidentiality Agreement

The following is classed as Confidential Information:

  • Client lists
  • Client medical histories
  • Client personal information
  • Medical research
  • Labour relations
  • Human resource planning, policies or procedures
  • Company financial information, status and statements
  • Any information, or documentation labelled "Confidential" by the Company, or listed as such by separate memorandum, or e-mail that informs of confidential status
  • Any information pertaining to (Driven Brands Canada's) clients, clients and visitors

Any information relating to the Company that is freely in the public domain may not be considered "Confidential". In the event that an employee can prove that information was possessed before it was received from Driven Brands Canada, or that information was gained from an unrelated third party, said information will not be classified as "Confidential".

Nondisclosure

In working for Driven Brands Canada, employees shall not divulge, disclose, provide or disseminate Confidential Information to any third party not employed by Driven Brands Canada at any time, unless Driven Brands Canada gives written authorization. Furthermore, Confidential Information shall not be used for any purpose other than its reasonable use in the normal performance of employment duties for Driven Brands Canada.

Company Property

Upon termination of employment with Driven Brands Canada, employees shall promptly return (without duplicating or summarizing), any and all material pertaining to Driven Brands Canada business in their possession including, but not limited to: all client information (charts, lists, etc.),physical property, documents, keys, electronic information storage media, manuals, letters, notes and reports.

Legal

This agreement will not supersede any legal obligation to disseminate information when required to do so in a court of law.