of Beauté Cosmetics Inc.
("Beauté" or the "Company")
Effective January 1, 2004, the Personal Information Protection Act ("the Act") regulates the way private sector organizations and businesses, including law firms, within Alberta collect, use, and disclose personal information. "Personal Information" means information about an identifiable individual.
Beauté recognizes the importance of privacy and recognizes the sensitive nature of personal information received by us in the course of our provision of service to our clients.
Our Need for Personal Information
To be able to provide our services to our clients, we need to collect all relevant facts and information that relate to providing service to our clients. We may also need business and credit information so we can ensure that we will be compensated for our services. This information will necessarily include personal information about our clients and about individuals other than our clients.
Collection, Use and Disclosure of Personal Information
Where practical, we will try to collect personal information directly from the person to whom the information pertains. Where necessary, we will collect personal information from other sources.
We will collect only the personal information necessary for the purposes stated in the previous paragraph.
The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.
By retaining Beauté as a service provider, we consider that an individual consents to our collection, use or disclosure of the individual's personal information as necessary to provide quality service to that individual.
It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Act.
When we collect personal information about individuals directly from them, except when their consent to the collection is deemed, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual's consent. Such circumstances include (but are not limited) to where:
- the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way
- the personal information is available to the public from a prescribed source or
- the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.
Accuracy and Completeness
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete.
Retention and Destruction
The Act also allows us, for business purposes, to retain personal information for as long as is reasonable. Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or anonymized. Should consent to our collection, use, disclosure or retention of personal information be revoked, the law also allows us to continue to retain the information for as long as is reasonable for business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.
Security of Personal Information
We recognize our professional obligation to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of business. We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Requests for Access to Personal Information
The law permits individuals to submit written requests to us to provide them with:
- their personal information under our custody or control
- information about the purposes for which their personal information under our custody or control has been and is being used by us and
- the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by us.
We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge. Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
An individual's ability to access his or her personal information under our control is not absolute.
The law provides that we must not disclose personal information where:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request
- the disclosure would reveal personal information about another individual or
- the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
The law further provides that we may choose not to disclose personal information where:
- the personal information is protected by any legal privilege
- the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information
- the personal information was collected by us for an investigation or legal proceeding
- the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court or
- the personal information relates to or may be used in the exercise of prosecutorial discretion.
Responses to Requests for Access to Personal Information
Our response to requests for access to personal information will be in writing, and will confirm whether we are providing all or part of the requested information, whether or not we are allowing access or providing copies, and, if access is being provided, when that will be given. If access or copies are refused by us, we will provide written reasons for such refusal and the section of the Act on which that refusal is based, along with the name of person who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner to review our decision. Due to the sensitive nature of much of the information in our custody or control, copies as opposed to access to the original file will generally be preferred.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We reserve the right to require sufficient information and detail from the individual in question in order to properly locate the information and provide a response.
In the event that an individual alleges errors or omissions in the personal information in our custody or control, we will either:
- correct the personal information and, if reasonable to do so, and not contrary to any legal or client privilege, send correction notifications to any other organizations to whom we disclosed the incorrect information or
- decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Corrections or amendments will rarely, if ever, be made to opinions, including expert or professional opinions, as opposed to factual information.
Amendment of Policy
We reserve the right to amend this Policy from time to time as required and without notice, in order to better meet our obligations under the Act.
Contacting or Communicating with Us
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at:
Beauté Cosmetics Inc.