Policy on the Collection, Use and Disclosure of Personal Information
1. Objective & Scope of Policy
The Canadian Wireless Telecommunications Association (“CWTA”) is committed to respecting your privacy and has prepared this Policy Statement to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.
This Policy Statement governs Personal Information collected from and about individuals who are or may become Members of the CWTA and those other individuals outside of the CWTA with whom we work with or who may provide Personal Information to the CWTA. This policy does not cover business contact information, corporate information or aggregated data from which the identity of an individual cannot be determined. The CWTA retains the right to use aggregated data in any way that it determines appropriate.
2. The Collection, Use & Disclosure of Personal Information
For the purposes of this Policy:
“Breach of security safeguards” means the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards or from a failure to establish those safeguards.
“Business transaction” includes:
(a) the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
(b) the merger or amalgamation of two or more organizations;
(c) the making of a loan or provision of other financing to an organization or a part of an organization;
(d) the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
(e) the lease or licensing of any of an organization’s assets; and
(f) any other prescribed arrangement between two or more organizations to conduct a business activity.
“Member” means a corporate entity that seeks to become a member of the CWTA or has been accepted for membership in the CWTA.
“Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information but does not include business contact information.
The CWTA uses the Personal Information you provided verbally or in writing in order to:
The CWTA’s use of Personal Information is limited to these purposes. Unless permitted by law, no Personal Personal Information is collected, without first obtaining the consent of the individual to the collection, use and dissemination of that information.
Personal Information is collected, to the extent possible, directly from the individual concerned.
The CWTA may disclose your Personal Information to organizations or individuals that perform services on behalf of the CWTA. Using contractual or other arrangements, the CWTA shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to the CWTA, agree to use and hold such information solely for the purposes indicated by the CWTA.
In some circumstances, the organization or individual retained by CWTA may be located outside of Canada. Therefore, some Personal Information collected by CWTA may be retained in countries other than Canada where privacy laws may offer different levels of protection from those in Canada and Personal Information may be subject to access by and disclosure to law enforcement agencies in those jurisdictions.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where the CWTA is obliged to disclose information without consent. Such circumstances may include:
Where obliged or permitted to disclose information without consent, the CWTA will not disclose more information than is required.
The CWTA endeavours to ensure that any Personal Information provided by its Members and in its possession is as accurate, current and complete as necessary for the purposes for which the CWTA uses that data.
The CWTA keeps personal information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date. When Personal Information is no longer required for the CWTA’s purposes, we will destroy, delete, erase or convert it into an anonymous form.
The CWTA endeavours to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.
The CWTA further protects Personal Information by restricting access to it to those employees that the management of the CWTA has determined need to know that information in order that the CWTA may provide its services.
In case of a breach of security safeguards involving Personal Information under CWTA’s control, we will notify the affected individual and the Privacy Commissioner of Canada, if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the individual, including physical, financial or reputational harm. We will also notify any other organization or government institution that can reduce the risk or mitigate the harm from the breach.
6. Visiting the CWTA Web Sites
“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the Web Sites visitors find most valuable, and customizing the Web Sites based on your preferences. The Web Sites use persistent cookies.
The CWTA does not share Personal Information obtained through cookies with any third parties.
7. Access to Personal Information
The CWTA permits the reasonable right of access and review of Personal Information held by us about an individual.
If an individual believes any Personal Information concerning him or her is not correct, that person may request an update of that information by sending a request to the person indicated in Section 1 of this Policy. The CWTA reserves the right not to change any Personal Information but will append any alternative reasonable text the individual concerned believes appropriate. An individual may also request that the CWTA delete an individual’s Personal Information from the CWTA’s system and records. However, due to technical constraints and the fact that the CWTA backs up its systems, Personal Information may continue to reside in the CWTA’s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from the CWTA systems in response to an accepted request for deletion.
The CWTA reserves the right to decline access to Personal Information where the information requested:
(a) Would disclose (i) personal information, including opinions, about another individual or about a deceased individual; or (ii) trade secrets or other business confidential information that may harm the CWTA or the competitive position of a third party or interfere with contractual or other negotiations of the CWTA or a third party;
(b) Is subject to solicitor-client or litigation privilege;
(c) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
(d) Does not exist, is not held, or cannot be found by the CWTA;
(e) Could reasonably result in (i) serious harm to the treatment or recovery of the individual concerned, (ii) serious emotional harm to the individual or another individual, or (iii) serious bodily harm to another individual;
(f) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
(g) Any other grounds under applicable legislation.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.
Where information will be disclosed, the CWTA will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.
The CWTA will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information.
To guard against fraudulent requests for access, the CWTA will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
8. Resolving Your Privacy Concerns
In the event of questions about: (i) access to your Personal Information; (ii) the CWTA’s collection, use, management or disclosure of Personal Information; or (iii) this Policy Statement; please contact the CWTA’s Privacy Officer at [email protected].
The CWTA will investigate all complaints and if a complaint is justified, we will take all reasonable steps to resolve the issue. If we are unable to resolve your concerns to your satisfaction you may contact the Privacy Commissioner of Canada by writing to:
Office of the Privacy Commissioner of Canada
30 Victoria Street
9. Amendment of CWTA Practices and This Policy
This statement is in effect as of January 1, 2004. The CWTA will from time to time review and revise its privacy practices and this Policy Statement. In the event of any amendment, an appropriate notice will be communicated to Members and others in an appropriate manner. Policy changes will apply to the information collected from the date of the revised Policy Statement as well as to existing information held by the CWTA. This Policy was last revised on October 11, 2018.