Carswell / Carswell, a division of Thomson Reuters Canada LTD
Scope and Application Of The Carswell Privacy Code:
The scope and application of the Carswell Privacy Code are as follows:
The Carswell Privacy Code applies to Personal Information about Persons who interact with Carswell that is collected, used or disclosed by Carswell.
Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of Carswell or a Carswell Company and about whom Carswell collects Personal Information.
The Carswell Privacy Code applies to the management of Personal Information in any form whether oral, electronic or written. Carswell reserves the right to amend this Carswell Privacy Code from time to time.
The application of the Carswell Privacy Code is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.
Exclusions from privacy protection:
The Carswell Privacy Code does not impose any limits on the collection, use or disclosure of the following information by a Carswell Company: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about Carswell customers, or number of visitors and average time spent on a website.
Purposes for Collection of Personal Information:
As examples of the above:
Carswell may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to Carswell Companies products and services;
if a Person indicated that he/she was interested in receiving offers or information from Carswell or one or more Carswell Companies or certain of our selected sponsors or advertisers, Carswell may send the Person materials about products and services that Carswell feels may be of interest to the Person; andif a Person enters a contest or other promotion offered on a Carswell Companies website, Carswell may, under the rules of the promotion, use the Person's name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
Transfer of Information:
At times Carswell may use Carswell Companies and/or Third Parties outside of Canada to perform services for Carswell involving some or all of a Person's Personal Information. This may require transfer of information to those Carswell Companies and/or Third Parties. This information is subject to the laws of the Carswell Companies' and/or Third Parties' jurisdiction, including laws with respect to disclosure of such information.
Carswell will make a reasonable effort to make sure Persons understand how their Personal Information will be used by Carswell. Carswell will obtain consent from Persons before or when it collects or uses the Personal Information. Carswell will not attempt to deceive Persons into giving consent.
A Person's consent can be express, implied, or given through an authorized representative. A Person can withdraw consent at any time, with certain exceptions noted herein. Carswell, however, may collect, use or disclose Personal Information without the Person's knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law.
Note: If any Person at any time has any questions or concerns about Carswell's privacy practices, the Person can write to: Customer Service - Privacy, Carswell
One Corporate Plaza, 2075 Kennedy Road
Toronto, ON M1T 3V4
Refusing or Withdrawing Consent:
Subject to legal and contractual requirements, a Person can refuse to consent to Carswell's collection, use or disclosure of Personal Information about the Person, or a Person may withdraw the Person's consent to Carswell's further collection, use or disclosure of Personal Information at any time in the future by giving Carswell reasonable notice, unless: i) the consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the consent is otherwise required by law or iii) the use or disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person's consent, Carswell may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.
Personal Information may be collected when a user conducts activities on or related to all websites of Carswell Companies ("Carswell Companies Sites") or related to services made available on the Carswell Companies Sites ("Carswell Companies Services"). Although information collected, used or disclosed on the Internet as described below often does not constitute Personal Information (and to the extent that such is the case, then the obligations under the Carswell Privacy Code do not extend to such information), Carswell provides the details below about Internet aspects of Carswell Companies Services for the purposes of disclosure about Carswell Companies Services.
Internet Protocol Address (IP Address):
When the user's web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer's "IP address." For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the user logs on.
Carswell Companies may use the user's IP Address to:
facilitate the diagnosis and remedy of a technical problem reported by the user's or Carswell Company's technical team.
display (or allow the display by Third Party advertising providers of) more appropriate and relevant content and advertising, such as content and advertising based on the user's geographic area.
estimate user traffic from specific countries or organizations. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
A cookie is a small text file, which often includes an anonymous unique identifier that is sent to the user's web browser from a web site's computers and is stored on the user's computer's hard drive. Cookies cannot be used to run programs or deliver viruses to a user's computer.
improve the operation and performance of the Carswell Companies Services and to make Carswell Companies Services easier and more convenient to use. For example, cookies help Carswell Companies provide more personalized services by recalling user preferences on subsequent visits (e.g. language preference). Cookies also allow Carswell Companies to save passwords and preferences for a user so that the user will not have to re-enter them on the next visit to a Carswell Companies Site;
measure aggregate user traffic and demographic statistics related to Carswell Companies Services and advertisements (e.g. number of users, average time spent, average age and similar statistics). This information helps Carswell Companies to better understand when to update, change or offer new services and provides Carswell Companies with details as to the performance of Third Party advertisements and content. This information may be reported, in aggregate form only, to Carswell Companies' current and prospective sponsors, advertisers and business partners. No Personal Information will be disclosed in such reports;
Certain Carswell Companies Services may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that allow Carswell Companies to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access Personal Information; they are a technique used to compile aggregated statistics about Carswell Companies service usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Certain Carswell Companies Services web pages may also contain Web beacons placed there by Carswell Companies' advertising partners to help Carswell Companies determine the effectiveness of Carswell Companies' Internet advertising campaigns.
Links To Other Sites And Advertisements:
A Carswell Companies Service may contain links to other websites and services. While Carswell Companies try to link only to sites and services that share Carswell Companies' high standards and respect for privacy, a user should understand that Carswell Companies are not responsible for the content of, or the privacy practices employed by, other companies or websites. This Carswell Privacy Code applies only to the Carswell Companies Services related to this Carswell Privacy Code.
The majority of the advertisements which are displayed in connection with Carswell Companies Services are served through one or more reputable Third Party advertisement-serving companies which deliver the advertisements to users in conjunction with Carswell Companies Services. For more information about what information is collected and how information is used by these major Third Party advertising providers users should refer to these Third Party websites.
Carswell Companies automatically collect certain information about the user's computer hardware and software. This information may include: browser type, operating system type, domain names, access times and referring Web site addresses. This information is used by Carswell Companies to operate the service, to maintain the quality of the service, and to provide general statistics regarding use of the Carswell Companies Sites.
Certain Carswell Companies Services may be co-branded and offered in conjunction with another company. If a user registers for or uses such services, both Carswell Companies and the other company may receive information collected in conjunction with the co-branded services.
The Carswell Privacy Code in Detail
Carswell Companies - all companies providing services under the brands of Carswell , Thomson Reuters Canada Limited or Thomson Reuters Corporation or Thomson Reuters PLC, and their subsidiaries, and any successor company or companies thereof, as a result of corporate reorganization or restructuring.
Collection - the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.
Consent - voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of Carswell. Implied consent is consent that can reasonably be inferred from a Person's action or inaction.
Disclosure - making Personal Information available to a Third Party.
Employee - an employee or independent contractor (including freelancers) of any of the Carswell Companies.
Individual - an individual other than an Employee who (a) corresponds with Carswell, including complaints and including applications for employment; (b) enters a contest sponsored by Carswell; or (c) uses, or applies to use, the products or services of Carswell.
Person - an Individual or an Employee.
Personal Information - information about an identifiable Person, but not: a) information that is publicly available, such as a Person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address (including electronic address) or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about Carswell customers, or number of visitors and average time spent on a website.
Third Party - a person other than the Person or his agent, or an organization other than a Carswell Company.
Use - the treatment, handling, and management of Personal Information by the Carswell Companies.
Principle 1 - Accountability
Carswell is responsible for Personal Information under its control and shall designate one or more persons who are accountable for Carswell's compliance with the following principles.
1.1 Responsibility for ensuring compliance with the provisions of the Carswell Privacy Code rests with the senior management of Carswell, which shall designate one or more persons to be accountable for compliance with the Carswell Privacy Code. Other people within Carswell Companies may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to- day collection and processing of Personal Information.
1.2 Carswell has designated a Chief Privacy Officer to oversee compliance with the Carswell Privacy Code. The Chief Privacy Officer can be contacted at Chief Privacy Officer - Carswell, One Corporate Plaza, 2075 Kennedy Road, Toronto, Ontario, M1T 3V4.
1.3 Carswell is responsible for Personal Information in its possession or control, including information that has been transferred to a Third Party for processing. Carswell shall use appropriate means to provide a comparable level of protection while information is being processed by a Third Party (see Principle 7).
1.4 Carswell has implemented policies and procedures to give effect to the Carswell Privacy Code, including: a) implementing procedures to protect Personal Information and to oversee Carswell's compliance with the Carswell Privacy Code; b) establishing procedures to receive and respond to inquiries or complaints; c) training and communicating to staff about Carswell's policies and practices; and d) developing public information to explain Carswell's policies and practices.
Principle 2 - Identifying Purposes for Collection of Personal Information
Carswell has collected and collects Personal Information for the purposes set out below, and shall identify the purposes for which Personal Information is collected at or before the time the information is collected.
As examples of the above:
Carswell may from time to time use a Person's Personal Information to contact the Person about changes, enhancements or similar notices related to Carswell Companies products and services;
if a Person indicated that he/she was interested in receiving offers or information from Carswell or one or more Carswell Companies or certain of our selected sponsors or advertisers, Carswell may send the Person materials about products and services that Carswell feels may be of interest to the Person; and
if a Person enters a contest or other promotion offered on a Carswell Companies website, Carswell may, under the rules of the promotion, use the Person's name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.
Further references to "identified purposes" mean the purposes identified in this Principle 2.
2.2 Carswell shall specify orally, electronically or in writing the identified purposes to the Person at or before the time Personal Information is collected. Upon request, persons collecting Personal Information shall explain these identified purposes or refer the Person to a designated person within Carswell who shall explain the purposes.
2.3 Unless required by law, Carswell shall not use or disclose, for any new purpose, Personal Information that has been collected without first identifying the new purpose and obtaining the consent of the Person.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of a Person are required for the collection, use or disclosure of Personal Information, except where inappropriate.
3.1 Generally, Carswell shall seek consent to use and disclose Personal Information at the same time it collects the information. However, Carswell 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.
3.2 In obtaining consent, Carswell shall use reasonable efforts to ensure that a Person 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 Person.
3.3 Carswell 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 required to fulfill the identified purposes.
3.4 In determining the appropriate form of consent, Carswell shall take into account the sensitivity of the Personal Information and the reasonable expectations of the Persons.
3.5 In general, the use of products and services by an Individual constitutes implied consent for Carswell to collect, use and disclose Personal Information for all identified purposes.
3.6 An Individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact Carswell for more information regarding the implications of withdrawing consent.
3.7 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. For example, Carswell may collect or use Personal Information without knowledge or consent if it is clearly in the interests of the Person and consent cannot be obtained in a timely way, such as when the Person is a minor, seriously ill or mentally incapacitated.
Carswell may also collect, use or disclose Personal Information without knowledge or consent if seeking the consent of the Person might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.
Carswell may also use or disclose Personal Information without knowledge or consent in the case of an emergency where the life, health or security of an individual or property is threatened.
Carswell may disclose Personal Information without knowledge or consent to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise related to the legal or regulatory requirements described herein.
Principle 4 - Limiting Collection of Personal Information
Carswell shall limit the collection of Personal Information to that which is necessary for the purposes identified by Carswell.
Carswell shall collect Personal Information by fair and lawful means.
4.1 Carswell collects Personal Information primarily from Individuals.
4.2 Carswell may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.
Principle 5 - Limiting Use, Disclosure and Retention of Personal Information
Carswell shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the Person or as required by law. Carswell shall retain Personal Information only as long as necessary for the fulfillment of the purposes for which it was collected.
5.1 In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. (See Principle 3.7)
5.2 In addition, Carswell may disclose a Person's Personal Information to: a) another person for the development, enhancement, marketing or provision of any of the products or services of Carswell; b) a person who, in the reasonable judgment of the Carswell Companies, is seeking the information as an agent of the Person; c) any Carswell Companies to permit the provision of services requested by the Person, and d) a Third Party or Third Parties, where the Person consents to such disclosure or disclosure is required by law.
5.3 Only those Employees of Carswell who require access for business reasons, or whose duties reasonably so require, or properly designated representatives of Carswell, are granted access to Personal Information about Individuals.
5.4 Carswell shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where Personal Information has been used to make a decision about a Person, Carswell shall retain, for a period of time that is reasonably sufficient to allow for access by the Person, either the actual information or the rationale for making the decision.
5.5 Carswell 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 by law to be retained. Such information shall be destroyed, erased or made anonymous.
Principle 6 - Accuracy of Personal Information
Personal Information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal Information used by Carswell shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a Person.
6.2 Carswell shall update Personal Information about Persons as and when necessary to fulfill the identified purposes or upon notification by the Person.
Principle 7 - Security Safeguards
Carswell shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.1 Carswell shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. Carswell shall protect the information regardless of the format in which it is held.
7.2 Carswell shall protect Personal Information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All employees of Carswell with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information.
Principle 8 - Openness Concerning Policies and Practices
Carswell shall make readily available to Persons specific information about its policies and practices relating to the management of Personal Information.
8.1 Carswell shall make information about its policies and practices easy to understand, including: a) The title and address of the person or persons accountable for the compliance with the Carswell Privacy Code and to whom inquiries or complaints can be forwarded; b) The means of gaining access to Personal Information held by Carswell; and c) A description of the type of Personal Information held by Carswell, including a general account of its use.
8.2 Carswell shall make available information to help Persons exercise choices regarding the use of their Personal Information.
Principle 9 - Access to Personal Information
Carswell shall inform a Person of the existence, use and disclosure of his or her Personal Information upon request and shall give the Person access to that information.
A Person shall be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
9.1 Upon request, Carswell shall afford to a Person a reasonable opportunity to review the Personal Information in the Person's file. Personal Information shall be provided in understandable form within a reasonable time and at minimal or no cost to the Person.
9.2 In certain situations, Carswell may not be able to provide access to all of the Personal Information that they hold about a Person. For example, Carswell 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 another person. Also, Carswell 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 federal or provincial law, or if the information was collected as part of journalistic, literary or artistic activities. If access to Personal Information cannot be provided, Carswell shall provide the reasons for denying access upon request.
9.3 Upon request, Carswell shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Carswell shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard Personal Information, an individual or employee may be required to provide sufficient identification information to permit Carswell to account for the existence, use and disclosure of Personal Information and to authorize access to the individual's file. Any such information shall be used only for this purpose.
9.5 Carswell shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the Person's file. Where appropriate, Carswell shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.
9.6 A Person can obtain information or seek access to his or her Personal Information by contacting a designated representative at Carswell principal office.
Principle 10 - Challenging Compliance
A Person shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for the compliance of Carswell with the Carswell Privacy Code.
10.1 Carswell shall maintain procedures for addressing and responding to all inquiries or complaints from Persons about Carswell's handling of their Personal Information. If any Person at any time has any questions or concerns about Carswell's privacy practices, the Person can write to:
Customer Service - Privacy, Carswell
One Corporate Plaza, 2075 Kennedy Road
Toronto , ON M1T 3V4.
10.2 Carswell shall inform Persons about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with the Carswell Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.
10.4 Carswell shall investigate all complaints concerning compliance with the Carswell Privacy Code. If a complaint is found to be justified, Carswell shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A Person shall be informed of the outcome of the investigation regarding his or her complaint.
Most recently amended February 18, 2009.