The Canadian Federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) defines “Personal Information” broadly as information about an identifiable individual and includes factual or subjective information, recorded or not, about an identifiable individual.
The definition does not include, in the broadest meaning, the “Business Contact Information” of an individual which an organization collects, uses or discloses solely for the purpose of communicating, or facilitating communication with, an individual in relation to their employment, business or profession.
The types of Personal Information Vibrant may collect includes, but is not limited to:
- An individual’s name
- Home address
- Telephone number
- Personal email address
- Billing and account information
- Information incidental to providing services to an individual or business
For more information on PIPEDA please see:
- Government of Canada, Justice Laws Website: Personal Information Protection and Electronic Documents Act. http://laws-lois.justice.gc.ca/eng/acts/P-8.6/
- Office of the Privacy Commissioner of Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/
As part of our commitment to maintaining the accuracy, confidentiality and security of your Personal Information, Vibrant has adopted the following ten fair information principles based on the values set by the PIPEDA.
Principle 2: Vibrant shall inform an individual of the purpose for which Personal Information is collected at or before the time the information is collected.
Principle 3: Vibrant requires the knowledge and consent of the individual for the collection, use, or disclosure of Personal Information, except in certain circumstances where consent is not required.
Principle 4: Vibrant shall only collect the Personal Information necessary for the identified purpose and such information shall be collected by fair and lawful means.
Principle 5: Vibrant shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Vibrant shall only retain Personal Information for as long as is necessary to fulfill the purpose for which it was collected.
Principle 6: Vibrant shall ensure that Personal Information is as accurate, complete, and up-to-date as is deemed necessary for the purpose for which it is to be used.
Principle 7: Vibrant shall protect Personal Information by establishing and operating security safeguards appropriate to the sensitivity of the information held and to prevent any unauthorized activity relating to the information.
Principle 8: Upon receipt of a request in writing, Vibrant shall make available to individuals specific information about its policies and practices relating to the handling of Personal Information and its complaints handling process.
Principle 9: Vibrant shall, upon the receipt of a written request from individuals, inform them of the existence, use, and disclosure of any Personal Information about them, and they shall be given access to such information, except as may be limited by law. Vibrant shall amend Personal Information as deemed appropriate to ensure continued accuracy.
Principle 10: Vibrant shall provide a means for individuals to challenge compliance with these principles through Vibrant’s Privacy Officer.
Principle One: Be Accountable
1.1 Vibrant is responsible for Personal Information in its possession or custody including information that has been transferred to a third party for processing. Where we have disclosed information to third parties we have utilized contractual or other means to provide a comparable level of protection while the information is being processed by the third.
1.3 Vibrant’s Privacy Officer can be contacted as follows:
Vibrant Power Inc.
Attn: Chief Privacy Officer
310 Courtneypark Drive E,
Mississauga, ON L5T 2S5
Principle Two: Identifying the Purpose
2.1 Vibrant shall inform individuals of the purpose for which Personal Information is collected at or before the time the information is collected.
2.2 In general, Vibrant collects, uses and discloses Personal Information about our clients and service providers in order to provide our clients with professional services. More specifically, we collect, use and disclose your Personal Information for the following purposes:
- To establish and manage the client relationship and facilitate the provision of appropriate services by and between Vibrant personnel and affiliated companies;
- To share Personal Information to and from third parties for the purpose of providing our services;
- To consider whether Vibrant should establish a commercial relationship with clients, suppliers and other third parties, including to evaluate credit standing and to match credit bureau or credit reporting agency information;
- To establish and maintain commercial relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfill contractual obligations;
- To understand and respond to clients, supplier’s and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research and evaluations;
- To develop, exchange, market, sell or otherwise provide Vibrant’s products and services;
- To market, sell or otherwise provide products and services of third parties with whom Vibrant has a commercial relationship;
- To distribute Vibrant newsletters, bulletins, conference information and other material to individuals on our mail and e-mail lists, including via third party mailing houses and e-mail service providers;
- To develop and manage our knowledge-management precedent systems and databases;
- To develop and manage Vibrant’s business and operations;
- To detect, and protect Vibrant and other third parties against, error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Vibrant policies and contractual obligations;
- To engage in business transactions, including the purpose, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Vibrant;
- As permitted by, and to comply with, any legal or regulatory requirements or provisions; and
- For any other purpose to which you consent.
Principle Three: Obtain Valid, Informed Consent
3.1 Vibrant requires the knowledge and consent of the individual for the collection of Personal Information and the subsequent use or disclosure of this information, except in those circumstances where Personal Information can be collected, used or disclosed without the knowledge and consent of the individual, including, but not limited to:
- a) With regard to Consent:
(i) If it is clearly in the individual’s interest and consent is not available in a timely way;
(ii) If knowledge and consent would comprise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a federal or provincial law;
(iii) If it is publicly available as specified in the regulations;
(iv) When it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim;
(v) Where it is produced by individuals in the course of their employment, business or profession – as long as the collection is consentient with the purpose for which the information was produced;
- b) With regard to Use:
(i) If it is publicly available as specified in the regulations;
(ii) If the use is clearly in the individual’s interest and consent is not available in a timely way;
(iii) When it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim;
(iv) Where it is produced by individuals in the course of their employment, business or profession – as long as the collection is consentient with the purpose for which the information was produced;
- c) If Disclosed:
(i) To a lawyer representing Vibrant;
(ii) To collect a debt the individual owes to Vibrant;
(iii) To comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction.
3.2 Vibrant, except where exceptions apply, will always make a reasonable effort to ensure that individuals are advised in advance of the purpose for which their Personal Information will be collected, used or disclosed. To make the individual’s consent meaningful, Vibrant will state the purpose in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3.3 Vibrant will not require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes.
3.5 Subject to legal and contractual requirements and upon reasonable notice, you may refuse or withdraw your consent to certain identified purposes at any time by contacting Vibrant’s Privacy Officer. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you.
3.6 If you provide Vibrant with Personal Information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consent from such person to enable us to collect, use and disclose such Personal Information for the purpose outlined herein.
Principle Four: Limiting Collection
4.1 Vibrant shall limit its collection of Personal Information to that which is necessary to fulfill the identified purpose and such information shall be collected by fair and lawful means.
4.2 Vibrant will not collect Personal Information indiscriminately.
4.3 Vibrant will not collect Personal Information by misleading or deceiving individuals about the purpose for which the Personal Information is being collected.
Principle Five: Limiting Use, Disclosure and Retention
5.1 Vibrant shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Vibrant shall only retain Personal Information for as long as necessary to fulfill such purposes.
5.2 From time to time, Vibrant may disclose your Personal Information to:
- Service providers, including an organization or individuals retained by Vibrant to perform functions on its behalf including. but not limited to, marketing, data processing, document management and office services;
- Organizations or individuals retained by Vibrant to evaluate your creditworthiness or to collect debts outstanding on an account;
- Financial institutions, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financial arrangements;
- Any person who, in the reasonable judgment of Vibrant, is providing or seeking the information as your agent;
- Any third party or parties where you consent to such disclosure or where disclosure is required or permitted by law.
5.3 Personal Information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. This period will not exceed applicable industry standards or any legislative requirement with respect to retention periods.
5.4 Vibrant shall destroy, erase or make anonymous any Personal Information that is no longer required to fulfill the identified purposes.
5.6 Use of Online Communications: In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, participating in a seminar or other event, and participating in contests and surveys. If you are known to Vibrant as a registered user of an online service, we may combine and store Personal Information about your use of our website and the online information you have provided with certain other online and offline information we may have collected.
5.7 Use of E-Mail Communications: Occasionally, we may send marketing or promotional e-mail communications to you with information that may be useful, including information about the services of Vibrant and other third parties with whom we have a relationship. We will include instructions on how to unsubscribe and inform us of your preferences and if you decide you do not want to receive any future marketing or promotional e-mails from Vibrant.
5.8 Use of Links: Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies than Vibrant and Vibrant is not responsible for such third party websites or for any collection, use and disclosure of Personal Information by these third parties.
Principle Six: Accuracy
6.1 Vibrant shall ensure that Personal Information is as accurate, complete, and up-to-date as is deemed necessary for the Purpose for which it is to be used.
6.2 Vibrant will make reasonable efforts to keep the Personal Information that is used on an ongoing basis – including information that is disclosed to third parties – accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.
6.3 Vibrant will generally rely on individual customers to provide updated information, such as changes to customer addresses and other contact information.
Principle Seven: Safeguards
7.1 Vibrant shall protect Personal Information with security safeguards appropriate to the sensitivity of the information held.
7.2 Vibrant will utilize security safeguards to protect Personal Information against loss, theft, unauthorized access, disclosure, copying, use or modifications, regardless of the format in which it is held.
7.3 The nature of the safeguards will vary depending on the sensitivity of the information collected, the amount of information collected, the distribution and formation of the information, and the method of storage, with more sensitive information being safeguarded by a higher level of protection.
7.4 Vibrant will utilize various methods of protecting Personal Information including:
- hysical measures, for example, locked filing cabinets and restricted access to offices;
- Organizational measures, for example, security clearances and limiting access on a “need-to-know” basis; and
- Technological measures, for example, the use of secure data networks protected by industry standard encryption and password protection systems.
7.5 Vibrant will make their employees aware of the importance of maintaining the confidentiality of Personal Information.
7.6 When Vibrant disposes or otherwise destroys Personal Information, care shall be used to prevent unauthorized parties from gaining access to the Personal Information.
Principle Eight: Openness
8.1 Upon written request received by the Privacy Officer, Vibrant shall make available to individuals specific information about its policies and practices relating to the management of Personal Information and its complaints handling process.
8.2 Vibrant will be open about their policies and practices with respect to the management of Personal information.
8.4 Upon written request received by the Privacy Officer, Vibrant will make available the following information:
- The name or title and the address of Vibrant’s Privacy Officer;
- The means of gaining access to Personal Information held by Vibrant;
- A description of the type of Personal Information held by the organization, including a general account of its use;
- A copy of any brochures or other information that explain the organization’s policies, standards or codes; and
- What Personal Information is made available to related organizations of Vibrant.
Principle Nine: Individual Access
9.1 Vibrant shall, upon the receipt of a written request addressed to the Privacy Officer from individuals, inform them of the existence, use, and disclosure of any Personal Information about them, and they shall be given access to such information except as may be limited by law. Vibrant shall amend Personal Information as deemed appropriate to ensure continued accuracy.
9.2 Where Vibrant holds Personal Information about the Individual, it shall allow the individual access to this information and, when relevant, shall provide an account of the use that has been made or is being made of the Personal Information and an account of the third parties to which it has been disclosed.
9.3 Vibrant may require the individual to provide sufficient information to Vibrant to permit Vibrant to provide an account of the existence, use and disclosure of Personal Information. The information provided shall only be used for this purpose.
9.4 If an individual successfully demonstrates the inaccuracy or incompleteness of the Personal Information, Vibrant shall amend the information as required. Depending on the nature of the information challenged, amendment may involve the correction, deletion or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
9.5 Vibrant will make reasonable efforts to respond to and address an individual’s request within thirty (30) days, but may extend that time limit for a further thirty (30) days if the time required to undertake any consultations or investigations necessary to adequately respond to the request would make the original time limit impractical to meet.
9.6 The procedure by which individuals may request their Personal Information, make inquiries or make complaints is as follows:
(i) All requests must first be made in writing to Vibrant’s Privacy Officer;
(ii) Upon receipt of a written request, Vibrant’s Privacy Officer will respond within thirty (30) days after receipt of the written request, unless the Privacy Officer first advises the Individual that a longer period of time may be required to adequately address the Individual’s request.
(iii) If Vibrant refuses a request, Vibrant will inform the Individual in writing of the refusal, explain the reason and inform the Individual of the recourse options available to the Individual;
(iv) Notwithstanding subparagraph 2 and 3 above, if Vibrant does not respond within the above time limit, Vibrant will be deemed to have refused the request.
(v) Vibrant may require payment of a modest fee to cover our administrative costs associated with preparing a response.
9.7 Vibrant may not be able to provide access to all the Personal Information it holds about an individual by reason of the following:
- the information is prohibitively costly to provide;
- the information may contain references to other individuals;
- the information cannot be disclosed for legal, security or commercial proprietary reasons; and
- the information is subject to solicitor-client or litigation privileges.
Principle Ten: Challenging Compliance
10.1 Individuals who wish to challenge or file a complaint about the manner in which Vibrant handled their Personal Information, or about Vibrant’s Personal Information policies and procedures, may do so in accordance with the procedure outline in Section 9.6.
10.2 Vibrant shall investigate all complaints and if a complaint is found to be justified, Vibrant shall take appropriate measures including, if necessary, amending its policies and practices.
Effective Date: May 19, 2021