PTS is a British Columbia company that develops and markets on-line scheduling software. This Privacy Code is intended to set out our commitment to our employees and customers regarding the protection of personal information provided by our employees and customers as reflected in the following principles, policies and procedures. It is also intended to set out the choices available for individuals regarding our collection, use or disclosure of their personal information.
The purpose of this Privacy Code is to articulate clearly our privacy practices respecting the management of personal information collected and used by our Company and to ensure compliance with the federal and provincial privacy laws. It is the intention of this Privacy Code to recognize the needs of our Company to collect, use or disclose personal information versus the right of individuals to protect their personal information. The standard for the collection of personal information by our Company is one of what a reasonable person would consider appropriate in the circumstances.
PTS is further committed to a continual review and updating of our Privacy Code to ensure that we are keeping pace with changes in technology and industry practices and meeting the on-going needs of our employees and customers.
The following definitions are intended to provide clarity regarding the breadth and scope of personal information protected by our privacy policies and practices.
"contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual.
"employee personal information" means personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual's employment.
"organization" means a person, an unincorporated association, a trade union, a trust or a not for profit organization, but does not include:
"personal information" means information about an identifiable individual and includes employee personal information but does not include contact information or work product information.
- an individual acting in a personal or domestic capacity or acting as an employee;
- a public body;
- the Provincial Court, the Supreme Court or the Court of Appeal;
- the Nisga'a Government, as defined in the Nisga'a Final Agreement or
- private trust for the benefit of one or more designated individuals who are friends or members of the family of the settlor.
"PTS" means Pacific Tier Solutions Incorporated.
"work product information" means information prepared or collected by an individual or group of individuals as part of the individual's or group's responsibilities or activities related to the individual's or group's employment or business but does not include personal information about the individual who did not prepare or collect the personal information.
The following ten principles are the basis of the PTS Privacy Code and shall guide PTS's management of personal information and its privacy practices together with the statutory requirements of the BC Personal Information Protection Act.
1. Accountability - PTS is responsible for personal information under its control including personal information not in the custody of PTS. PTS shall designate one or more individuals to be responsible for ensuring that PTS complies with this Privacy Code and shall make the position name or title and contact information of each individual so designated.
2. Identifying Purposes for Collection of Personal Information - PTS shall identify the purposes for which personal information is collected or before personal information is collected.
3. Obtaining Consent for Collection, Use or Disclosure of Personal Information - PTS shall ensure that consent is obtained from each individual for the collection, use or disclosure of their personal information unless inappropriate. PTS shall recognize and act on any withdrawal of consent by an individual to collect their personal information.
4. Limiting Collection of Personal Information - PTS shall limit the collection of personal information to the purposes identified by PTS and shall only collect personal information using appropriate, fair and lawful means.
5. Limiting Use, Disclosure and Retention of Personal Information - PTS shall not use or disclose personal information for purposes other than for the purpose it was collected unless PTS has the consent of the individual or as provided by law. PTS shall retain personal information for only as long as necessary to meet the purposes of the collection of the personal information.
6. Accuracy of Personal Information - PTS shall ensure that personal information collected, used and disclosed shall be as accurate, complete and up-to date as possible for the purposes for which it has been collected, used and disclosed.
7. Security Safeguards - PTS shall take all appropriate steps to protect the personal information collected, used and disclosed and use security measures appropriate to sensitivity of the personal information.
8. Openness Concerning Policies and Practices -PTS shall ensure that information is made available to employees and customers regarding this Privacy Code and our privacy practices regarding personal information.
9. Customer and Employee Access to Personal Information - PTS shall inform an individual of the collection, use and disclosure of his/her personal information at the individual's request and shall grant access to the individual to such personal information. An individual shall be entitled to challenge the accuracy and completeness of the personal information collected, used or disclosed by PTS and have it amended and or corrected as necessary or appropriate.
10. Challenging Compliance - This Privacy Code and our privacy practices shall include a clear process for responding to complaints that may arise with respect to our handling and managing of personal information of customers and employees. An employee or customer may make a complaint regarding PTS's compliance with its privacy policies and practices to the designated individual in accordance with our complaint process.
Application of the Privacy Code
1.1 PTS meets the definition of organization for the purposes of the BC Personal Information Protection Act. Our Privacy Code is therefore subject to the requirements and regulations of the BC Personal Information Protection Act and our Code applies to personal information of our employees or customers collected, used and disclosed by PTS and to our practices in managing such personal information whether collected, used or disclosed orally, electronically or in writing.
1.2 This Privacy Code does not protect contact information or work product information as defined above.
1.3 There is certain personal information in which this Privacy Code does not apply to:
Privacy Policies and Practices
- personal information collected, used or disclosed for personal or domestic purposes,
- journalistic, artistic or literary purposes,
- for federal act purposes,
- for provincial Freedom of Information and Protection of Privacy Act purposes,
- personal information in a note, communication or draft decision of decision maker in an administrative proceedings or personal information that relates to the exercise of functions of member or officer of Legislature or Legislative Assembly,
- personal information from a document related to a prosecution if all proceedings related to the prosecution have not been completed,
- collection of personal information collected before BC Personal Information Protection Act.
2.1 In order to meet its responsibilities for personal information under its possession or control, PTS appoints the President and or his/her designate to be accountable for PTS's compliance with this Privacy Code and its statutory requirements under the Personal Information Protection Act. The President and or his/her designate may appoint one or more persons to act on their behalf with respect to the responsibility for day-to-day management, collection and processing of personal information.
2.2 The contact information of persons designated to be accountable for PTS's compliance shall be made known upon request.
2.3 With the exception of PTS's payroll provider and benefit plan administrator, PTS does not provide personal information to third parties. In the event, that PTS does provide personal information to third parties, PTS shall ensure that such third parties have policies and practices in place that provide similar or comparable protection for personal information as PTS.
2.4 PTS shall put in place procedures and practices to give effect to this Privacy Code and these procedures and practices shall include:
2.4.1 Procedures and practices to protect personal information and to
Purposes of Collection
oversee compliance with this Privacy Code;
2.4.2 Procedures and practices to receive and respond to requests for
personal information, inquiries and complaints
2.4.3 Methods and means for training and communicating our privacy
procedures and practices to employees; and
2.4.4 Methods and means for communicating our privacy procedures and
practices to our customers and the public.
3.1 PTS shall only collect, use and disclose personal information of employees and customers for purposes that a reasonable person would consider appropriate in the circumstances and that fulfill the purposes that PTS has disclosed to the individual.
3.2 PTS shall identify and specify orally, electronically or in writing to the employee or customer the purposes for which personal information is collected, used and disclosed at or before the time the personal information is collected.
3.3 PTS collects, uses and discloses personal information only for the purposes of payroll administration, to deal with customer regarding their installation and use of our on-line scheduling software, to promote our products and services to customers and the public and to meet government reporting requirements.
3.4 Designated persons collecting personal information on behalf of PTS shall upon request advise an individual of the purposes for such collection or refer the individual to the President and or his/her designate to provide an explanation.
3.5 PTS shall not collect, disclose or use personal information for any purpose not identified or specified to an individual without obtaining their consent.
4.1 Subject to the exceptions in 1.2 and 1.3 above and 4.3 below, PTS willobtain consent from an individual when collecting, using or disclosing personal information from its employees or employees for the purposes outlined above.
4.2 Consent may be explicit (orally or in writing) or implied. Consent may be implied by PTS where at the time consent is deemed:
4.2.1 the purpose would be considered obvious to a reasonable person;
4.3 Consent is not required for the following personal information which is permitted to be collected and used from an individual or from a source other than an individual without limitations:
4.2.2 the individual has voluntarily provided the personal information forthat purpose; or
4.2.3 PTS has given notice of the collection of personal information for a
specified period in a form that can be reasonably understood of its
intention to collect, use or disclose the personal information and the
individual is given a reasonable period of time to decline and does
not decline and it is reasonable to collect, use or disclose havingregard to the sensitivity of the personal information.
4.3.1 is clearly in the interest of the individual and consent cannot beobtained in a timely way;
4.4 With respect to the disclosure of personal information, PTS shall obtain consent from an individual, with the exception of the following personal information which is permitted to be disclosed from an individual or from a source other than an individual without limitations:
4.3.2 is necessary for medical treatment of the individual and individual isunable to give consent;
4.3.3 it is reasonable to expect that the collection or use with the consentof individual would compromise the availability or accuracy of thepersonal information and the collection is reasonable for aninvestigation or a proceeding;
4.3.4 where collection or use occurs by observation at a performance, asports meet or a similar event at which individual voluntarilyappears and is open to the public;
4.3.5 is necessary to determine individual's suitability to receive anhonour, award or similar benefit such as honorary degree,scholarship or bursary or selected for an athletic or artisticpurpose;
4.3.6 organization is credit reporting agency and collection is for a creditreport and individual consents at the time the original collectionoccurs;
4.3.7 is required or authorized by law;
4.3.8 personal information is necessary to facilitate collection of debtowed or payment of debt to an organization; and
4.3.9 collection or use of employee personal information is reasonable forestablishing, managing or terminating an employment relationship
4.4.1 is clearly in the interest of the individual and consent cannot beobtained in a timely way;
4.5 When obtaining consent from an employee or customer, PTS shall use reasonable efforts to ensure that the individual is advised and reasonably understands the purpose for which the personal information is being collected, used or disclosed.
4.4.2 is necessary for medical treatment of the individual and individual isunable to give consent;
4.4.3 it is reasonable to expect that the disclosure with the consent ofindividual would compromise the availability or accuracy of thepersonal information and the collection is reasonable for aninvestigation or a proceeding;
4.4.4 where disclosure occurs by observation at a performance, a sportsmeet or a similar event at which individual voluntarily appears andis open to the public;
4.4.5 is necessary to determine individual's suitability to receive anhonour, award or similar benefit such as honorary degree,scholarship or bursary or selected for an athletic or artisticpurpose;
4.4.6 organization is credit reporting agency and disclosure is for a creditreport and individual consents at the time the original collectionoccurs;
4.4.7 is required or authorized by law;
4.4.8 personal information is necessary to facilitate collection of debtowed or payment of debt to an organization;
4.4.9 personal information is disclosed in accordance with a provision of atreaty that authorizes or requires its disclosure or is made under anenactment of BC or Canada;
4.4.10 disclosure is for the purpose of complying with a subpoena,warrant or order issued or made by a court, person or body withjurisdiction to compel the production of personal information;
4.4.11 the disclosure is to a public body or a law enforcement agency inCanada, concerning an offence under the laws of Canada or aprovince, to assist in an investigation, or in the making of a decisionto undertake an investigation;
4.4.12 there are reasonable grounds to believe that compellingcircumstances exist that affect the health and safety of anyindividual and if notice of disclosure is mailed to the last knownaddress of the individual to who the personal information relates;
4.4.13 the disclosure is for the purpose of contacting next of kin or afriend of an injured, ill or deceased individual;
4.4.14 the disclosure is to a lawyer who is representing the organization;
4.4.15 the disclosure is to an archival institution if the collection ofpersonal information is reasonable for research or archivalpurposes; and
4.4.16 disclosure of employee personal information is reasonable forestablishing, managing or terminating an employment relationship.
4.6 Wherever possible, PTS shall seek consent to collect, use or disclose personal information from a customer or employee at the time in which the personal information is collected. In the event that this is not possible, PTS will seek consent after the personal information is collected but prior to it being used or disclosed for a different purpose that has not been identified or specified.
4.7 When determining whether express or implied consent is required, PTS shall take into account the sensitivity of the personal information and the reasonable expectations of its employees and customers.
4.8 PTS will, generally, imply consent to collect, use or disclose personal information for its purposes, where a customer uses its products and or services or an employee accepts employment or receives benefits.
4.9 When seeking consent for the collection of personal information from employees or customers, PTS shall set out the choices available to individuals regarding PTS' collection, use or disclosure of the personal information at the time of collection or prior to the use or disclosure of such personal information.
4.10 Upon obtaining consent, PTS shall record such consent such as via phone, by mail, the Internet, a note to file, copy of an email, copy of a check off box or entry in database field.
Withdrawal of Consent
5.1 PTS will honour a request of an individual to withdraw its consent to the collection, use or disclosure of personal information where it receives reasonable notice and stop collecting, using or disclosing that personal information unless it meets one of the exceptions noted above or would frustrate the performance of a legal obligation or consent was given for the purposes of a credit reporting agency.
Limiting Collection of Personal Information
6.1 When collecting personal information of an employee or customer, PTS shall disclose to the individual verbally or in writing, the purposes for the collection of the personal information and shall limit the collection to the identified and specified purposes.
6.2 PTS shall only collect personal information by reasonable, fair and lawful means.
6.3 PTS, generally, collects personal information from its employees and customers and employees although in certain circumstances, PTS may collect personal information from third parties, such as credit bureaus, employers or personal references but only from those third parties that represent that they have a right to disclose such personal information.
Limiting Use, Disclosure and Retention of Personal Information
7.1 Other than where PTS has consent of the individual or by operation of law, PTS shall not use or disclose personal information for purposes other than those identified and specified.
7.2 PTS shall only retain personal information of an individual for the period necessary to fulfill the purposes identified and specified, by operation of law or where making a decision regarding a customer or employee as long as is reasonable to give employee or customer the opportunity to access the personal information concerning the making of the decision.
7.3 PTS shall limit the access of its employees to personal information to those who are participating in the collection, use or disclosure of personal information as part of their duties or to those who have a need to know within the Company.
7.4 PTS shall maintain the means via reasonable controls, systems and practices whereby personal information that no longer is necessary to retain is destroyed, erased or rendered anonymous.
Accuracy and Security of Personal Information
8.1 PTS shall make all reasonable effort to ensure that personal information collected is accurate and complete for the purposes in which it is collected particularly where the personal information is likely going to affect the individual to who the personal information relates or is likely to be disclosed to another organization.
8.2 All personal information used by PTS shall be as accurate and complete as possible and where such personal information is being used to make a decision that directly affects an individual shall be retained by PTS for one year in order to provide a reasonable opportunity for access by the individual.
8.3 PTS shall take reasonable security arrangements to prevent the unauthorized access, collection, use, disclosure, copying, modification or disposal of personal information in its custody and control in whatever form it is held. Such security arrangements shall include protection from loss or theft and physical measures, such as locking filing cabinets, restricting access to offices and alarm systems, technological tools, such as passwords, encryption, firewalls and anonymizing software, and organizational tools, such as security clearances, limiting access on a need to know basis, staff training and confidentiality agreements.
8.4 PTS shall destroy its documents containing personal information or remove the means by which personal information can be associated with the individual as soon as the purpose for which the personal information was collected is no longer being served by its retention or retention is no longer necessary for legal or business purposes.
8.5 PTS shall not use deceptive or coercive means to collect personal information and shall not dispose of personal information with an intent to evade a request for access to personal information.
8.6 PTS shall protect personal information by ensuring that confidentiality provisions bind both third parties in which personal information is disclosed and employees who have access to personal information.
8.7 PTS shall regularly review and update security measures for personal information where applicable.
Access to and Correction of Personal Information
9.1 Where PTS has collected, used or disclosed personal information of an individual, an individual shall have the right to access and correct their personal information in accordance with the following access and correction procedure:
9.1.1 the individual may, in writing, make a request to the President ofPTS or his/her designate concerning his or her personal informationunder the control of PTS;
9.1.2 PTS shall provide information concerning the ways in whichpersonal information of the individual has been and is being used byPTS or has been disclosed by PTS;
9.1.3 the names of individuals and organizations to whom the personalinformation has been requested;
9.1.4 With the exception of the following personal information, PTS willprovide access to an individual's personal information where:
(i) personal information is protected by solicitor-client privilege;
(ii) disclosure would reveal confidential commercial information thatif disclosed could in the reasonable opinion of a reasonable personharm the competitive position of PTS;
(iii) personal information was collected where consent is notrequired for the purposes of an investigation or where proceedingshave not been completed;
(iv) where personal information was collected by a creditorganization 12 months prior to the request from the individual;
(v) where the disclosure would threaten the safety, physical ormental health of an individual, cause immediate or grave harm tothe safety or physical or mental health of an individual, or wouldreveal personal information about another individual;
9.1.5 having reviewed the personal information requested, the individualmay request PTS to correct an error or omission in that personalinformation that is:
(i) about the individual and
(ii) is under the control of PTS;
9.1.6 PTS shall respond to an individual's request no later than 30 daysfrom the date of an individual's request unless the individual has notgiven sufficient detail to enable PTS to identify the personalinformation being requested or more time is needed given the largevolume of personal information being requested which wouldunreasonably interfere with PTS' operation or there is a need formore time to consult with another organization or public body todetermine whether to give access to the requested document. Inthose circumstances, PTS may extend the time an additional 30days or seek a longer period of time to respond from the privacycommissioner and will advise the individual of the extension in time,the time period of the extension and the rights of the individual tocomplain about the extension;
9.1.7 In responding to an individual's request, PTS shall advise theindividual when access to personal information in whole or in part isbeing refused, the reasons for the refusal and the contactinformation of the officer or employee of PTS who can answer theindividual's questions concerning the refusal;
9.1.8 PTS shall make a reasonable effort to assist each applicant torespond accurately and completely as is reasonably possible totheir request;
9.1.9 PTS shall make the correction as soon as reasonably possible orsend the corrected personal information to each organizationwhich the personal information was disclosed during the year priorto the date the correction was made, where PTS is satisfied thatthere are reasonable grounds for the request;
9.1.10 Where PTS does not make a correction it shall annotate thepersonal information under its control that a request was made butthe request was not implemented.
11.1 PTS shall maintain a process for addressing and responding to complaints or inquiries regarding its compliance with this Privacy Code including where appropriate a process for seeking external advice prior to responding to individual complaints or inquiries.
11.2 An employee or customer may make a complaint or inquiry regarding PTS's compliance with this Privacy Code as follows:
11.2.1 An individual shall file a written complaint or inquiry to thePresident of the Company and or his/her designate outlining thefailure of PTS to comply with this Privacy Code and the specifiedsection and or principle.
11.3 In the event that an individual is not satisfied with handling of its complaint by PTS, the individual may seek the assistance of the BC Privacy Commissioner. The contact information for the Privacy Commissioner may be found at: http://www.oipc.bc.ca/.
11.2.2 PTS shall investigate all written complaints or inquiries regardingits compliance with this Privacy Code.
11.2.3 Where an investigation determines that a complaint is justified oraction is required regarding an inquiry, PTS shall take allappropriate steps to resolve the complaint or take appropriateaction to address the inquiry including where applicable amendingthe practices and procedures of this Privacy Code.
11.2.1 Wherever possible, PTS shall respond to a written complaint within30 days provided the written complaint or inquiry provides sufficientinformation to respond to. This response shall include detailsregarding the outcome of the investigation and individual'scomplaint or inquiry.
11.2.2 In the event that PTS seeks external advice, the period to respondmay be extended for a reasonable period necessary to obtain suchexternal advice.
Transparency of Privacy Policies, Practices and Procedures
12.1 PTS shall make its privacy policies, practices and procedures available on its website and readily available to individuals in person, in writing, by telephone or in company publications.
12.2 PTS shall also make its policies, practices and procedures understandable for its employees, customers and the public by identifying who within PTS is responsible for compliance with this Privacy Code, how personal information can be accessed by individuals, what personal information is held by PTS and how it is used.
The contact information for the President of PTS is as follows:
Current contact information can also be found on PTS's website at:
For further information on PTS' Privacy Code, practices and procedures, contact Bruce Toogood (250) 384-8282. To review the BC Personal Information Protection Act, access to the Act can be found at http://www.oipc.bc.ca/.