At Pekarsky & Co., we are committed to providing our clients and potential candidates with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our clients and potential candidates, protecting their personal information is one of our highest priorities.
While we have always respect the privacy of our clients and potential candidates and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of Alberta’s Personal Information Protection Act (PIPA). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how Alberta businesses and not-for- profit organizations may collect, use and disclose personal information.
We will inform our clients and potential candidates of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting clients’ and potential candidates personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’ and potential candidates personal information and allowing our clients and potential candidates to request access to, and correction of, their personal information.
This Personal Information Protection Policy applies to Pekarsky & Co. This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Pekarsky & Co.
Personal Information – means information about an identifiable individual, including name, home address and phone number, mobile phone number, income, education and employment information. Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Privacy Officer – means the individual designated responsibility for ensuring that Pekarsky & Co. complies with this policy and PIPA.
1.1 Unless the purposes for collecting personal information are obvious and the client or potential candidate voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect client or potential candidate information that is necessary to fulfill the following purposes:
2.1 We will obtain client or potential candidate consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally, in writing, electronically, or through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client or potential candidate voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a client or potential candidate is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, newsletter communication or, the marketing of new services or products, and the client or potential candidate does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service, or the withdrawal of consent would frustrate the performance of a legal obligation), clients or potential candidates can withhold or withdraw their consent for Pekarsky & Co. to use their personal information in certain ways. A client or potential candidate’s decision to withhold or withdraw it’s, his or her consent to certain uses of personal information may restrict our ability to provide a particular service. If so, we will explain the situation to assist the client or potential candidate in making the decision.
2.5 We may collect, use or disclose personal information without the client’s or potential candidate’s knowledge or consent in the following limited circumstances:
3.1 We will only use or disclose client or potential candidate personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
3.2 We will not use or disclose client or potential candidate personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell client or potential candidate lists or personal information to other parties unless Pekarsky & Co. completing a “business transaction” as described in, and pursuant to, section 22 of PIPA.
4.1 If we use client or potential candidate personal information to make a decision that directly affects the client or potential candidate we will retain that personal information for at least one year so that the client or potential candidate has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain client or potential candidate personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
5.1 We will make reasonable efforts to ensure that client or potential candidate personal information is accurate and complete where it may be used to make a decision about the client or potential candidate or disclosed to another organization.
5.2 Clients and potential candidates may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must provide sufficient detail to identify the personal information and the correction being sought.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the clients’ or potential candidates’ correction request in the file.
6.1 We are committed to ensuring the security of client or potential candidate personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 Pekarsky & Co. has reasonable organizational, technical and administrative measures in place to protect against the loss, misuse and alteration of personal information collected by it.
6.3 We will use appropriate security measures when destroying client’s or potential candidates’ personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
7.1 Clients or potential candidates have a right to access their personal information, subject to limited exceptions such as solicitor-client privilege.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.
7.3 Upon request, we will also tell such client or potential candidate how we use its, his or her personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client or potential candidate of the cost and request further direction from the client or potential client on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the client or potential candidate in writing, providing the reasons for refusal and the recourse available to the client or potential candidate.
8.1 The Privacy Officer, Ranju Shergill, is responsible for ensuring Pekarsky & Co.’s compliance with this policy and the Personal Information Protection Act.
8.2 Clients and potential candidates should direct any complaints, concerns or questions regarding Pekarsky & Co.’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client or potential candidate may also write to the Information and Privacy Commissioner of Alberta.
Contact information for Pekarsky & Co.’s Privacy Officer:
Ranju Shergill
Tel: (403) 263-4474 ext: 223
Email: [email protected]
