Philip Nyren Menswear & Womenswear Ltd.
Personal Information Protection Policy

This Personal Information Protection Policy, in compliance with the Personal Information Protection Act, S.B.C. 2003, Ch.63, (the “PIPA”), outlines the principles and practices that Philip Nyren Menswear & Womenswear Ltd. will follow in protecting its clients personal information.  

This Personal Information Protection Policy applies to Philip Nyren Menswear & Womenswear Ltd.  This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Philip Nyren Menswear & Womenswear Ltd. (“PNMW”).

Definitions

Personal Information – means information about an identifiable individual. Personal information does not include business contact information (described below).  

Examples of Personal Information collected by PNMW include: the name, address, telephone number, credit card number, shipping information, and style and sizing information about our clients.  
Business 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.  Business Contact information is not covered by this policy or the PIPA.

Privacy Officer – means the individual who is designated by PNMW to be responsible for ensuring that PNMW and its staff complies with this policy and the PIPA.

Consent

1.1    We will obtain client consent to collect, use or disclose personal information, except where, as noted in paragraph 1.5, we are authorized to do so without consent.

1.2    Consent can be provided orally, in writing, electronically, 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 voluntarily provides personal information for that purpose.

1.3    Consent may also be implied where a client is given notice and a reasonable opportunity to opt-out of his or her personal information being used and the client does not opt-out.

1.4    Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), a client can withhold or withdraw their consent for PNMW to use their personal information in certain ways.  A client’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product.  If so, we will explain the situation to assist the client in making the decision.

1.5    We may collect, use or disclose personal information without the client’s knowledge or consent in the following limited circumstances:

(a)    when the collection, use or disclosure of personal information is permitted or required by the
PIPA or the law;
(b)    in an emergency that threatens an individual's life, health, or personal security;
(c)    when the personal information is available from a public source (e.g., a telephone directory);
(d)    when we require legal advice from a lawyer;
(e)    for the purposes of collecting a debt;
(f)    to protect ourselves from fraud; and
(g)    to investigate an anticipated breach of an agreement or a contravention of law.

Collecting Personal Information

2.1    Unless the purpose for collecting personal information is obvious and the client 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.

2.2    We will only collect client information where it is necessary to fulfill the following purposes:
(a)    to facilitate purchasing merchandise;
(b)    to facilitate shipping merchandise;
(c)    to complete alterations;
(d)    to track shopping preferences in the store and on the website, and on the website to store log-in information to make website use more convenient; and
(e)    to contact customers with respect to any of the above.

Using and Disclosing Personal Information

3.1  We will only use or disclose client personal information where necessary to fulfill the purposes identified at the time of collection for which consent was received or for a purpose reasonably related to the purpose such as:
(a)    to conduct client surveys in order to enhance the provision of our services;
(b)    to personalize clients’ shopping experience and to guide potential gift givers; and
(c)    to contact our clients directly about products and services that may be of interest to them.

3.2  We will not use or disclose client personal information for an additional purpose unless we obtain consent to do so.

3.3  We will not sell client lists or personal information to other parties unless we have consent to do so.

Retaining Personal Information

4.1  If we use client personal information to make a decision that directly affects the client, we will retain that personal information for at least one year so that the client has a reasonable opportunity to request access to it.

4.2  Subject to paragraph 4.1, we will retain client personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

Ensuring Accuracy of Personal Information

5.1  We will make reasonable efforts to ensure that client personal information is accurate and complete where it may be used to make a decision about the client or where it may be disclosed to another organization.

5.2  Clients may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.  Any requests to correct personal information should be forwarded to the Privacy Officer.
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 client’s correction request in the file.

Securing Personal Information

6.1  We will take all reasonable steps to ensure the security of our clients’ personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2  In particular, we will take the following security measures to ensure that client personal information is appropriately protected:
(a)    use of locked filing cabinets;
(b)    physically securing offices where personal information is held;
(c)    the use of user IDs, passwords, encryption, and firewalls;
(d)    restricting employee access to personal information on a need to know basis;
(e)    contractually requiring any service providers to provide comparable security measures.

6.3  We will use appropriate security measures when disposing of or destroying clients’ personal information.

6.4  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

6.5  If there is a breach of client personal information we will take immediate steps to mitigate the breach and we will undertake an investigation into the cause of the breach in an effort to reduce the potential for a future breach of personal information.  Where the Privacy Officer determines that a client is at risk due to a breach of their personal information, the client, and any other person that the Privacy Officer in his or her discretion determines appropriate, such as the police, will be notified as soon as is reasonably practicable.  For any breach of personal information, the Privacy Officer must be notified immediately.

Providing Clients Access to their Personal Information

7.1  Clients have a right to access their personal information, subject to limited exceptions, such as information subject to solicitor and client privilege or information that if released may pose a health or safety concern to any person.

7.2  A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.  Any request for access to personal information must be forwarded to the Privacy Officer.

7.3  Upon request, we will also tell clients how we use their 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 of the cost and request further direction from the 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 in writing, providing the reasons for refusal and the recourse available to the client.

Questions and Complaints:  The Role of the Privacy Officer or designated individual

8.1  The Privacy Officer is responsible for ensuring PNMW’s compliance with this policy and the PIPA.

8.2  Clients should direct any complaints, concerns or questions regarding PNMW compliance with this Policy in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for our Privacy Officer is as follows:

Phone:  250.386.1496

Post:  
Privacy Officer,
Philip Nyren Menswear & Womenswear Ltd.,
960 Yates Street, Victoria, BC, V8V 3M3

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