What is PIPEDA?
PIPEDA is federal legislation that governs the collection, use and disclosure of personal information in a manner that respects your right of privacy concerning your personal information. PIPEDA balances these rights against an organization’s need to collect, use and disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.
What is personal information?
Personal information is information about an identifiable individual. Examples of personal information collected by Gilad include: home and e-mail addresses, phone numbers, credit card information and vehicle information.
Applicability and purpose of this Policy
This Policy applies to all individuals whose personal information is collected by Gilad including, without limitation, applicants for parking passes. This Policy describes (i) how Gilad complies with PIPEDA, (ii) the purposes for which personal information is collected, used and disclosed, (iii) Gilad’s treatment of personal information and (iv) your rights concerning your personal information.
Parking Operations. Personal information is collected for Gilad to operate its business as a parking lot manager. This may include the collection of all or any of your name, credit card number, license plate, telephone number and e-mail or residential address. This information is collected for the purpose of:
- processing parking transactions (either for daily or other periodic passes) including collecting payments and invoicing for periodic payments;
- ensuring that only authorized users are using the parking lots;
- contacting you to advise you about parking lot closures, scheduled cleaning or maintenance, or incidents that occurred at or near the parking lot in connection with safety or security; and
- contacting you to advise you that a parking spot has become available.
Information may also be collected concerning missed or late payments for periodic passes. Consent may not be withdrawn for these purposes during any period while you are a parking pass holder, while you are on a waiting list to get a parking pass or while you owe any amounts to Gilad.
Due Diligence Disclosure. If Gilad sells, leases or finances a parking lot, your personal information may be disclosed to the potential buyer or financier so that it may continue to use such information for the purposes described in this policy. Consent may not be withdrawn for this purpose during any period while you are a parking pass holder or on a waiting list to get a parking pass.
Identification. Personal information is collected for the purpose of identification. Consent may not be withdrawn for this purpose during any period while you are a parking pass holder or on a waiting list to get a parking pass.
Change in Ownership or Management. Upon the sale, lease or a change in management of a parking lot, your personal information may be disclosed to and used by the purchaser, lessee or new property manager, as applicable, for any of the purposes listed in this Policy. Consent may not be withdrawn for this purpose during any period while you are a parking pass holder.
Video Camera Surveillance. At some of the parking lots managed by Gilad, video cameras have been installed to record those who enter and exit the nearby buildings through the various entrances. These installations were made for safety and security reasons. As a courtesy, signs have been posted in the areas around these video cameras indicating that individuals entering those areas will be recorded. Gilad does not own or operate these video cameras, nor does it have direct access to or control over them.
Electronic Passes. In some of the parking lots managed by Gilad, electronic passes may be used. The passes work by permitting entry to, and exit from the parking lot when the pass is waved in front of a pass reader at the particular point of entry or exit. Each pass, when read electronically, may be distinguishable from every other pass and Gilad may keep a record of which pass is issued to whom and when each pass is used to enter or exit a parking lot.
The purpose for the collection of personal information in connection with an electronic pass is two-fold. Firstly, because an electronic pass is personal to its holder, it allows Gilad to deactivate an electronic pass if it is lost, stolen, not returned when it expires or is terminated, or otherwise unaccounted for. Secondly, it provides Gilad with information that may be used to resolve issues that may arise at a given parking lot, including any misuse of an assigned parking spot or any fraudulent use of a parking pass. An example of possible electronic pass misuse is the sharing of an electronic pass with persons not authorized to enter the applicable parking lot.
Due to the non-sensitive nature of the personal information collected and the reasonableness and appropriateness of the purposes described in this Policy, consent will be implied by your purchase of a parking pass (or request to be placed on a waiting list for a parking pass) in all circumstances and generally may not be withdrawn. In cases where your personal information was collected prior to the issuance of this Policy, it is only used and disclosed for the purposes described in this Policy. For those purposes, Gilad is entitled to consider your consent to be implied, because the uses and disclosures Gilad makes of that personal information are for purposes that a reasonable person would consider appropriate in the circumstances and also due to the non-sensitive nature of the personal information.
For personal information that is collected after the issuance of this Policy, the form of consent required by Gilad will vary depending on the sensitivity of the information requested and the reasonable expectations of the parker. Due to the reasonableness and appropriateness of the purposes described in this Policy, consent shall be implied in all circumstances and generally may not be withdrawn.
Gilad may collect, use or disclose your personal information without your consent in circumstances indicated in PIPEDA. For example, Gilad may disclose personal information to a collection agency for the purpose of collecting any fees owed by the parking pass holder.
Gilad does not collect personal information indiscriminately. Gilad limits the collection of personal information to that which is necessary for the purposes it identifies.
Gilad primarily collects personal information directly from you. The personal information that Gilad collects directly from you may be collected in a variety of ways, including by being disclosed directly by you to Gilad verbally or in an application, or generated by your transactions with Gilad at a parking lot machine. Some personal information may also be collected from other sources including Gilad employees’ own observations about missed or late payments or behaviour at a parking lot.
Limiting Use, Disclosure and Retention
Gilad only uses and discloses information for the purposes for which it was collected, or otherwise in accordance with PIPEDA. Any new purpose for which the information is to be used or disclosed will be documented, and consent will be obtained for it.
Personal information collected at point of sale machines at parking lots is not collected or retained by Gilad. Credit or bank card information revealed at such machines is communicated directly to the processing bank.
Unless this Policy indicates otherwise, Gilad retains personal information for a minimum period of seven (7) years after an applicant’s application for a parking pass, or if an applicant’s application for a parking pass is accepted, for a minimum period of seven (7) years after a parking pass holder’s termination of his or her parking pass and for as long as reasonably necessary for the proper management of the applicable parking lot being managed by Gilad. Personal information will be disposed of by shredding or otherwise destroying it. Third party services may be retained to destroy personal information. However, that third party will be required to provide assurances to Gilad that it will protect the personal information.
Information recorded by an electronic pass reader corresponding to a particular parking pass holder is deleted following the date the electronic pass is returned to Gilad by the parking pass holder or is no longer in use by the parking pass holder, unless a particular piece of information is the subject of an investigation or prosecution, in which case Gilad will retain that information for the length of the investigation or prosecution (if applicable) and longer, if reasonably necessary or required.
Please note that the personal information collected in connection with an electronic pass may be viewed by employees of Gilad who are assisting in the investigation, or may be disclosed to and used by law enforcement officials if the situation (in Gilad’s opinion) requires it. The above personal information may also be used in legal proceedings if a law has been broken or some other offence has occurred.
Personal information will be kept as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You are responsible for informing Gilad about changes to your personal information.
Gilad protects personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, using security safeguards that are appropriate relative to the sensitivity of the personal information. Any paper applications with credit card information on them have all but the last four (4) digits of the credit card number redacted and such applications are kept inside a locked cabinet in Gilad’s vault. The information collected and recorded in connection with the electronic passes is stored on Gilad computers. The computers are password protected and are kept in Gilad’s office that is locked from the general public. All other personal information that is collected is either collected electronically or is inputted manually into Gilad’s electronic system. Gilad uses firewalls and passwords to protect electronic personal information.
The responsibility for the personal information under Gilad’s control rests with its Privacy Officer. The individual designated as Privacy Officer may change from time to time, however, his or her identity will be made known upon request and it is currently Robert Moses, whose contact information is set out at the end of this Policy.
Gilad will occasionally disclose personal information under its control to third parties, but only for an identified purpose, and with your consent. When disclosing personal information, Gilad uses contractual means to ensure that it is treated in accordance with PIPEDA by the third party.
Protecting your privacy is a top priority of Gilad. Accordingly, procedures have been adopted to give effect to this Policy. Gilad employees have received training concerning this Policy and the procedures in place to implement it.
The Privacy Officer may be contacted concerning inquiries about how to gain access to personal information held by Gilad or complain about Gilad’s treatment of personal information or about the accuracy of your personal information on file.
Upon written request, Gilad will divulge the existence, use and any disclosure made of personal information, and will give you access to your personal information, in accordance with its obligations under PIPEDA. Written requests must be delivered to the Privacy Officer at the address at the end of this Policy. If assistance is needed with the request, please contact the Privacy Officer.
Gilad will respond to an access request within thirty (30) days, unless an extension of time is required, pursuant to PIPEDA, in which case the response may take up to an additional thirty (30) days. A fee for reasonable costs incurred pursuant to the request may be charged to the requestor by Gilad, provided that the requestor is informed of the fee in advance and does not withdraw his or her request.
Gilad may require additional information from the requestor in order to locate certain personal information. If this is the case, the additional information will not be used for any purpose other than that of locating the personal information.
Should your information on file with Gilad be proved to be incomplete or incorrect, it will be amended as required.
Gilad will not comply with access requests in certain situations where such non-compliance is required or permitted by PIPEDA or otherwise at law.
If Gilad does not comply with an access request, it will inform you of the reasons for such refusal.
Any concerns respecting Gilad’s compliance with PIPEDA must be addressed to the Privacy Officer. Gilad will investigate and respond to written complaints within ninety (90) Business Days of receiving a complaint. If a complaint is found to be justified then Gilad will take appropriate measures, including, if necessary, amending its policies and procedures. For the purpose of this Policy, “Business Days” shall mean any of the days from Monday to Friday of each week inclusive unless such day is a statutory holiday.
Arnon Development Corporation Limited
1801 Woodward Drive, Ottawa, Ontario, K2C 0R3