Wajax Corporation (Wajax) and its business affiliates are committed to protecting the accuracy, security and privacy of the personal information collected from its customers, suppliers and employees. To this end, Wajax has developed policies and procedures relating to privacy protection.
Employees across Wajax are held accountable for complying with these privacy policies. Any questions or concerns regarding Wajax’s policies can be directed to Wajax’s Privacy Officer, whose contact information is provided below.
“Personal Information” is information about an identifiable individual. Such information may include any factual or subjective, recorded or unrecorded, information about an identifiable individual, including: name, address and telephone number; e-mail addresses; income information; ethnic origin; age; opinions; evaluations; comments; financial information and purchasing habits. In the case of a customer, such information includes, but is not limited to, the customer’s home e-mail address, home address, home telephone number and credit card information.
Wajax is responsible for protecting any Personal Information under its control. Wajax’s Corporate Human Resources Director has been designated as the Privacy Officer of Wajax and will be responsible for ensuring that Wajax’s privacy procedures, as well as any applicable privacy legislation, is followed. You can reach the Privacy Officer at email@example.com or at 2250 Argentia Road, Mississauga, Ontario, L5N 6A5, Attention: Privacy Officer.
Purpose of Collecting Personal Information
Wajax collects, uses and discloses personal information only for specific purposes which relate to effectively managing its workforce, providing products and services to its customers or as required by law. The information kept in Wajax ’s records is used only for those legitimate purposes.
Personal information may be collected and maintained by Wajax for the following purposes:
• processing of warranty claims
• billing and after sales follow-up
• basic communications
• to advise of future products or services
• to meet any legal requirements
• to provide products and requested services
• to allow Wajax Finance to process applications for credit
• to allow Wajax’s third party service providers to assist in the operation of Wajax’s business by providing such services as: marketing, collecting overdue accounts, delivering products and processing credit card payments and charges; and to assist us in establishing, managing and terminating an employment relationship.
Although these are the typical purposes, this is not an exhaustive list. Prior to the collection of any personal information, Wajax will obtain consent, subject to the exceptions within applicable legislation.
Methods of Collecting Personal Information
Wajax may collect personal information in a variety of ways, the most common of which are as follows:
• credit applications, credit checks, purchase agreements, rental agreements, service agreements and other such business agreements
• registrations on its website
• business cards, surveys, market research and other business intelligence sources such as credit agencies conversations, whether by phone or in person; and in the ordinary course of business or through employment relationships.
Computer and Internet Information
Wajax may collect information about your computer hardware and software. This information may include: your IP address, browser type, operating system, domain name, access times and referring website addresses. In addition, Wajax collects information about the specific pages that are viewed within its internet server and applications. Wajax uses this information for system administration, web server load balancing and for its internal security audit log. Conversely, Wajax does not link your IP address to any personal information provided to Wajax by you through Wajax’s website. However, it may be used to identify the duration of a visitor’s session and to gather broad, aggregate demographic information.
Collection, Use and Disclosure of Personal Information
Wajax will collect, use and disclose only the Personal Information that is needed for authorized purposes, as described above.
Where consent to the collection of information is required by law, it will be obtained in accordance with the applicable legislation. Consent will be explicit or implied and could be obtained either verbally or in writing, depending on the nature of the information in question.
Personal Information will be disclosed consistent with the purposes for which it was collected and only on a need-to-know basis. Personal Information about an individual is not disclosed to third parties unrelated to Wajax without the individual’s consent, unless authorized or required by law.
If consent is required to collect, use or disclose Personal Information, individuals have the right to withdraw consent at any time. However, there may be consequences to such withdrawal. If an individual withdraws his or her consent, Wajax will inform the individual of the likely consequences of such action. An individual may not withdraw consent if withdrawing the consent would frustrate the performance of a legal obligation.
An individual may request an explanation of the specific purpose of the collection, use or disclosure of his or her Personal Information. Such an explanation will, in any event, be provided where required by law.
Protection of Personal Information
Wajax is committed to protecting your personal information against loss, theft and unauthorized access, disclosure, use or modification by instituting security safeguards consistent with the sensitivity, amount, format, nature and storage of the information.
Personal Information provided to Wajax in electronic form is stored in secure computer servers with limited access and located in controlled facilities. It should be noted that e-mails sent to Wajax are not a secure means of communication unless messages are encrypted.
Paper files are maintained in secure locations with various levels of restricted access based on the sensitivity of the information. Files with sensitive information are kept in locked file cabinets, behind locked doors.
Retention of Personal Information
Personal Information will be retained only as long as necessary, permitted or required by law to fulfill the purpose for which it was collected or a related business or legal purpose. Documents containing Personal Information that are not retained will be destroyed in a secure manner, such as shredding or through a document destruction service or erased from software/hardware.
Accuracy of Personal Information
Wajax will take appropriate measures to ensure that all personal Information it collects and holds will be accurate, complete and continuously updated. Right to Access and Correct your Personal Information:
Depending on applicable legislation, individuals may have the right to access any of their Personal Information held by Wajax and to request correction or rectification of the information in accordance with the following terms and conditions:
1. Requests to access information should be directed in writing to Wajax’s Privacy Officer at 2250 Argentia Road, Mississauga, ON, L5N 6A5.
2. Requests must contain sufficient information to prove the identity of the requester and to identify the information that is being requested.
3. Wajax will reply to requests to access information as quickly as possible and no later than 30 days after the request is received or as necessary to comply with applicable legislation concerning timelines for providing responses to such requests.
4. Wajax may ask the individual to pay reasonable costs of providing the requested information. A written estimate of these costs will be provided to the individual before the requested information is provided.
5. If the request to access, correct or rectify information is refused, the individual will be informed, in writing, of the reasons for refusal and the legislative basis for the refusal. Contact information of a Wajax representative that can answer questions about the refusal will be provided.
If an individual has a complaint regarding Wajax’s compliance with this Policy or with any privacy-related legislation or statutory requirements, the individual may file a written complaint to Wajax’s Privacy Officer at 2250 Argentia Road, Mississauga, Ontario, L5N 6A5. All complaints received will be investigated in a fair, impartial and confidential manner.
If you are not satisfied with the response, you may choose to redirect your challenge to Wajax’s General Counsel and Corporate Secretary at 2250 Argentia Road, Mississauga, Ontario, L5N 6A5.
For any further information regarding this Policy, or any of Wajax’s other privacy policies or practices, please contact the Privacy Officer at the address provided above.
CASL COMPLIANCE POLICY
Wajax is committed to compliance with Canada’s Anti-Spam Law (CASL). We take important steps to ensure our customers and others who receive communications from us do not encounter spam in violation of CASL. We only send commercial electronic messages (CEMs) in compliance with this CASL Compliance Policy and our related internal procedures that address CASL obligations.
WHAT IS SPAM?
Spam is unsolicited electronic messages, also known as “junk” e-mail or text messages, often, but not always, sent in bulk form. An electronic message may be spam if:
(1) The message is deceptive in that there is an attempt to hide the true sender or content of the message;
(2) The recipient’s personal identity and context are irrelevant because the message is equally applicable to any other potential recipient; or
(3) The recipient has not granted express or implied consent for the message to be sent.
WHAT IS A COMMERCIAL ELECTRONIC MESSAGE?
A CEM is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of a profit.
Wajax only sends CEMs from our servers in compliance with this CASL Compliance Policy.
Generally, the sender of a CEM needs to obtain express or implied consent from the recipient before sending the message, as outlined in s. 1.1 of this Policy. The CEM must include information that identifies the sender, provides the sender’s contact information and enables the recipient to withdraw consent.
1. SENDING COMMERCIAL ELECTRONIC MESSAGES
1.1 Wajax only sends CEMs in the following contexts:
· when the individual has explicitly provided their consent to receive such messages either verbally or in writing;
· when the message is in response to a request for information or an inquiry;
· when the message communicates factual information regarding a customer’s account or contractual relationship with Wajax;
· when the message facilitates, completes or confirms an agreed upon transaction;
· when the receiver of the message has voluntarily disclosed their e-mail contact or conspicuously published their e-mail contact without indicating that they do not want to receive CEMs;
· when communicating with a referral;
· to satisfy or enforce a legal obligation or right; or
· when consent to receive the message can be implied through an existing business relationship (i.e. the customer has purchased a product or service from Wajax within the past two years, or has an existing rental agreement in place with Wajax or one that expired less than two years ago).
1.2 All CEMs sent by Wajax outline a mechanism to opt out of receiving further promotional messages from Wajax or contain an unsubscribe link. When a message recipient unsubscribes from receiving further CEMs from Wajax, such a request will be processed as soon as possible, and no later than 10 business days after consent has been withdrawn.
1.3 There are limited contexts in which you cannot request that Wajax stop sending you messages, such as when we must communicate with you to enforce Wajax’s legal rights.
2. PROTECTING YOU FROM SPAM AND THE ALTERING OF TRANSMISSION DATA:
CEMs sent, or caused to be sent, from Wajax’s servers do not:
· Use or contain invalid or forged headers or non-existent domain names;
· Employ any technique to otherwise misrepresent or obscure the sender of an electronic message, the point of origin or the transmission path for the message;
· Cause delivery of a message to a destination other than, or in addition to, that specified by the sender due to the alteration of transmission data;
· Contain false or misleading information in the subject line or otherwise contain false or misleading content;
· Use a third party’s Internet domain name, or relay from or through a third party’s equipment, without permission of the third party; or
· Attempt to surprise or confuse you. Wajax makes every effort to ensure that you have either specifically asked to receive electronic messages from us, or you can reasonably expect to.
Wajax does not sell or exchange any of your information without your consent.
3. RESPONSIBILITY FOR COMPLIANCE WITH THIS POLICY
The Director of Marketing & Sales Excellence is responsible for periodically reviewing, approving and maintaining the Wajax CASL Compliance Policy and Procedures, as well as ensuring spot checks of CEM activity are conducted to ensure continued adherence to this Policy.
Directors of Sales are responsible for ensuring that this Policy and related procedures are communicated to and understood by all sales representatives. All Wajax employees are responsible for complying with Policy in their day-to-day business activities.
4. CONTACTING US WITH A SPAM COMPLAINT
If you receive an electronic message from Wajax that you believe violates this policy, please contact us as follows: E-mail: CASL@wajax.com
All Wajax staff are aware of this CASL Compliance Policy, are appropriately trained and are required to ensure that CEMs are sent in accordance with this Policy and related procedures.
EMPLOYEE PERSONAL INFORMATION
General Policy Applies
The General Policy applies equally to Employee Personal Information, except where modified by the specific policies contained in this section.
“Employee Personal Information” is personal information about an individual that relates to establishing, managing and terminating the employment relationship. It does not include personal information that is not about an individual’s employment
Employees are advised that Wajax collects information and keeps a file on each of its employees. The objective of the employee file is to permit Wajax to efficiently manage its workforce, human resources and employee welfare programs.
An employee may have the right to access his or her employee file in accordance with the procedures described above under the heading “Right to Access and Correct your Personal Information.”
Protection of Employee Personal Information
The Wajax Human Resources Department and Payroll Departments will keep employee files in a secure area and implement security policies to ensure that information on employee files is protected from unauthorized access, collection, use, disclosure, copying, modification and disposal.
Only duly authorized individuals, that is, individuals who need to have access to such information in order to perform their duties, will have access to such information.
Retention of Personal Information
Wajax will retain Personal Information that is used to make an employment decision about an individual for at least one year after using it so that the individual has a reasonable opportunity to obtain access to the information.