The purpose of this statement is to outline the basic practices and procedures of CanWest Services, INC. relating to the collection, disclosure, use and safeguarding of personal information.
II. STATEMENT POLICY
a) The nature of our business operations
CanWest is a world leader in the employment services industry, providing workforce management services and solutions to clients in across North America. Our organization annually provides employment to over 25,000 worldwide and is an industry leader in providing our clients with both domestic and international trades workers. In North America, CanWest staffing services include administrative and industrial personnel as well as the assignment of contract or permanent placement of professionals in various skilled trades.
As can be appreciated, CanWest is a unique organization in that the very services we provide to both clients and to prospective and current employees includes the exchange of personal information for the benefit of all parties involved.
As a result, it is both required and expected by clients and prospective and current employees of CanWest Services and its agents and assigns (hereinafter “CanWest”) that personal information will be collected, used and disclosed in a variety of different ways and through a number of different mechanisms.
b) Our philosophy regarding Personal Information
CanWest respects the privacy of personal information in all aspects of our business. We want everyone to know that we are responsible for the privacy of personal information of a variety of persons throughout the course of the services we provide. In this regard, we have specifically designated a Chief Privacy Officer (“CPO”) who is accountable for compliance with the procedures and principles that will be explained in this Personal Information Statement. This statement is designed to formalize our existing practices regarding the collection, disclosure, use and safeguarding of personal information.
In this statement,
“Act” means the Civil Code of Quebec or the British Columbia Personal Information Protection Act or the Alberta Personal Information Protection Act and/or the Personal Information Protection and Electronic Documents Act, where applicable;
“collect” means to gather, receive or record personal information about a person from any source and by any lawful method;
“consent” means the voluntary agreement with the collection, use and disclosure of personal information for authorized 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, and is your firm authorization. Implied consent is a common sense conclusion that consent has been obtained from a person’s action or inaction.
“disclose” means to making personal information available to a third party;
“person” or “persons” means a natural person and is defined as a former and current prospective temporary candidate, associate, prospective salaried candidate, salaried employee, prospective permanent placement candidate, a permanently placed candidate, a prospective independent contractor, an independent contractor, a prospective subcontractor or a subcontractor as defined in this statement below.
“prospective temporary candidate” means a person who has contacted or provided information to CanWest with an interest in temporary work with CanWest’s clients but is not an employee with CanWest or any of its clients.
“associate” means a person who is an employee of CanWest and who has been placed in a temporary assignment with one of CanWest’s clients but remains a CanWest employee.
“former associate” means a person who was an employee and placed in a temporary assignment with one of CanWest’s clients but is no longer an employee.
“prospective salaried candidate” means a person who is in contact with CanWest with a view to obtaining a salaried position with and performing work for CanWest.
“salaried employee” means a person who has accepted a salaried position with and is an employee who is performing work for CanWest.
“prospective permanent placement candidate” means a person who is in contact with CanWest with a view to being placed in a permanent position with one of CanWest’s clients but is not an employee with CanWest or any of its clients.
“permanently placed candidate” means a person who has been permanently placed as an employee with one of CanWest’s clients and is not an employee of CanWest.
“prospective independent contractor” means a person who has applied for an independent contracting position but has not been engaged in that position.
“independent contractor” means a person who has been engaged in an independent contracting position.
“personal information” means any information about an identifiable individual but does not include:
For individuals in Quebec, personal information means any information that relates to an individual and allows that individual to be identified.
“third party” means a person or organization outside of CanWest, its parent, subsidiary and affiliated corporations, including its affiliated brand companies.
“use” means the treatment and handling of personal information by or on behalf of CanWest.
IV. WHY YOUR PERSONAL INFORMATION IS COLLECTED, USED, DISCLOSED OR RETAINED
As outlined earlier, based on the nature of our business, we regularly collect, use disclose and retain personal information about persons in order to both provide staffing services to our clients and provide persons with suitable temporary, permanent or contract employment opportunities. In order that all persons are fully informed, we are outlining the purposes for which CanWest has always collected, used, disclosed and retained personal information.
Thus, the purposes for which CanWest may collect, use, disclose and retain personal information about persons may include:
V. WHAT KIND OF PERSONAL INFORMATION DOES CANWEST COLLECT AND FROM WHERE IS IT COLLECTED?
The personal information collected by CanWest about you as a person, as applicable, may include, but is not limited to:
CanWest may gather personal information about you from a number of sources including:
VI. CONSENTING TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
The knowledge and consent of a person is required for the collection, use, or disclosure of personal information, except where otherwise not required under the Act. As a person, when you applied for or accepted employment, a temporary staffing or permanent placement assignment, or contracting arrangement, you were understood to have provided CanWest with your implied consent to CanWest’s collection, use, disclosure and retention of your personal information for the purposes identified to you under this statement (see part IV).
In determining the appropriate form of consent, CanWest will take into account the sensitivity of the personal information and the reasonable expectations of persons.
In the normal course of providing temporary or permanent staffing arrangements, CanWest will disclose personal information about persons to its clients when there is a potential for a temporary or permanent staffing arrangement. However, CanWest only provides the personal information required and requested by the client to make an informed decision regarding a person. CanWest may disclose your personal information to its clients, other CanWest entities, affiliates, subcontractors, vendors or suppliers who perform services on our behalf and to a purchaser of some or all of CanWest’s business.
You may withdraw your consent at any time, subject to any statutory or contractual exceptions or restrictions and reasonable notice. You should contact CanWest for more information.
Where your personal information is transferred to a third party for payroll, benefit administration, or other purposes, CanWest uses contractual arrangements to provide a comparable level of protection of your personal information.
While we will maintain strict security safeguards, you understand that some of your personal information may be located in other provinces of Canada and in other countries in the normal course of our business (including for storage and processing purposes by third parties) and is therefore subject to the laws of those jurisdictions. It is possible that your personal information could be disclosed to other government entities under a lawful order made in those jurisdictions.
VII. CANWEST WILL LIMIT THE USE, DISCLOSURE AND RETENTION OF YOUR PERSONAL INFORMATION
Your records are retained to document personal, confidential and business-related information about you and your relationship with CanWest.
CanWest will use or disclose your personal information only for the purposes for which it is collected, except with the consent of the person or as required or permitted by law.
CanWest shall retain personal information only as long as required to satisfy the purposes identified above where possible, to comply with any obligations specified in the Act, or other statutes, to meet any potential obligations, and to protect the interests of CanWest and its clients.
In British Columbia, CanWest will retain personal information for at least one year if the personal information was used to make a decision that directly affects the person.
In Alberta only
For the purpose of recruitment, in the event that you are unsuccessful in obtaining a position, you agree that CanWest shall retain your personal information on its file until such time as CanWest reasonably deems it unnecessary to retain the personal information. Once your personal information is deemed unnecessary CanWest will return the personal information to you or destroy the personal information.
CanWest will be supplying your personal information to its clients for the purposes of recruitment for various positions. In the event that you are unsuccessful in obtaining a position, you agree that CanWest clients shall have the authority to retain your personal information on their file until such time as the client deems it unnecessary to retain the personal information. CanWest will supply your personal information to its client under an agreement that requires the client to return or destroy the personal information once it is reasonably deemed unnecessary.
VIII. CANWEST WILL ENSURE THE ACCURACY AND PROTECTION OF YOUR PERSONAL INFORMATION
CanWest will attempt to keep personal information as accurate, complete and up-to-date as is necessary for the purposes for which it is used. In this regard, we expect that you will cooperate and provide us with all updated personal information as required.
In addition, whether in electronic or paper-based format, CanWest maintains strict security systems to safeguard your personal information as is appropriate in respect of the sensitivity of that information.
IX. HOW YOU MAY ACCESS YOUR PERSONAL INFORMATION
Upon request, CanWest will make specific information about its policies and practices relating to the management of personal information readily available to persons.
You may access your personal information that CanWest has in its possession, subject to any statutory exceptions or restrictions. To obtain access to your personal information, please make a written request to CanWest’s CPO stating as specifically as possible which personal information you are requesting access to. The CPO will respond to a written request for access in a timely manner in accordance with the provisions of the Act.
You shall be able to challenge the accuracy and completeness of the information disclosed and have it amended if appropriate. For more information on the procedures for doing so, please contact CPO as noted below.
If there are any inconsistencies or conflicts between this CanWest Personal Information Statement and that of any other document published by CanWest, including the employee handbook, then the terms of this statement prevail. If there are any inconsistencies or conflicts between this CanWest Personal Information Statement and the provisions of any applicable privacy legislation, the terms of the legislation will prevail.
XIII. ADDITIONAL INFORMATION
For more information, to request access or an amendment to your personal information, or to discuss a complaint, please contact the CPO at:
CanWest Chief Privacy Officer
CanWest Services, Inc.
380 Bedford Highway, Halifax NS