Scope and Application
The ten principles that form the basis of the UtilityPULSE Privacy Policy are
interrelated and UtilityPULSE, a division of Simul Corporation, Consumer Contact and
Vector Research + Development Inc. (“UtilityPULSE & partners”) shall adhere to the
ten principles as a whole. Each principle must be read in conjunction with the
accompanying commentary. As permitted by the Personal Information Protection and
Electronic Documents Act (Canada), the commentary in this Privacy Policy has been drafted
to reflect personal information issues specific to UtilityPULSE & Partners.
The scope and application of The UtilityPULSE & Partners Privacy Policy are as
follows:
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The UtilityPULSE & Partners Privacy Policy applies to
personal information collected, used, or disclosed by us in the course of commercial
activities. |
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The UtilityPULSE & Partners Privacy Policy applies to the
management of personal information in any form whether oral, electronic or written. |
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The UtilityPULSE & Partners Privacy Policy does not impose
any limits on the collection, use or disclosure of the following information by
UtilityPULSE & Partners.
- non-personally identifiable information;
- the name, title, business address and/or
telephone number of an employee of an organization;
- other information about an individual that
is publicly available and is specified by regulation pursuant to the Personal Information
Protection and Electronic Documents Act (Canada).
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The application of the UtilityPULSE & Partners Privacy Policy is subject to the
requirements and provisions of the Personal Information Protection and Electronic
Documents Act (Canada), the regulations enacted there under, and any other applicable
legislation or regulation.
Definitions
collection: The act of gathering, acquiring, recording, or obtaining
personal information from any source, including third parties, by any means.
consent: Voluntary agreement for the collection, use and disclosure
of personal information for defined purposes. Consent can be either express or implied and
can be provided directly by the individual or by an authorized representative. Express
consent can be given orally, electronically or in writing, but is always unequivocal and
does not require any inference on the part of UtilityPULSE & Partners. Implied consent
is consent that can reasonably be inferred from an individual's action or inaction.
disclosure: Making personal information available to a third party.
employee: An employee of or independent contractor to UtilityPULSE, a
division of Simul Corporation.
personal information: Information about an identifiable individual,
but does not include the name, title, business address or telephone number of an employee
of an organization, and does not include descriptive, factual information about an
organization.
respondent: A member of the public who provides personal information
to UtilityPULSE & Partners in the course of a survey conducted by us. For example, a
respondent is an individual who discloses personal information to us in the course of
quantitative or qualitative marketing or social research.
third party: An individual or organization outside of UtilityPULSE.
use: The treatment, handling, and management of personal information
by and within UtilityPULSE or by a third party with the knowledge and approval of
UtilityPULSE, a division of Simul Corporation.
The Ten Principles of Privacy
Principle 1 - Accountability
UtilityPULSE & Partners is responsible for personal information under its
control and shall designate one or more persons who are accountable for UtilityPULSE &
Partners’ compliance with the following principles.
Responsibility for compliance with the provisions of the UtilityPULSE Privacy Policy
rests with the Simul Corporation Privacy Officer who can be reached by e-mail at
privacy@simulcorp.com or by mail to:
Privacy Officer
Simul Corporation
65 Limeridge Street
Aurora, ON L4G 7X9
Other individuals within UtilityPULSE & Partners may be delegated to act on behalf
of the Privacy Officer or to take responsibility for the day-to-day collection and/or
processing of personal information.
UtilityPULSE & Partners is responsible for personal information in its possession
or control and shall use contractual or other means to provide a comparable level of
protection while information is being processed or used by a third party.
Principle 2 - Identifying Purposes for
Collection of Personal Information
UtilityPULSE & Partners shall identify the purposes for which personal
information is collected at or before the time the information is collected.
UtilityPULSE & Partners collects personal information from the public only for the
following purposes:
(a) |
to conduct quantitative or qualitative marketing and social
research; |
(b) |
to understand respondent opinions to establish suitability for
further quantitative and qualitative marketing and social research; and |
(c) |
to meet legal and regulatory requirements. |
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Further reference to "identified purposes"
mean the purposes identified in this Principle. |
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UtilityPULSE & Partners shall specify orally, electronically or in writing the
identified purposes to the respondent at or before the time personal information is
collected in a survey. Upon request, persons collecting personal information shall explain
these identified purposes or refer the individual to a designated person within
UtilityPULSE & Partners who can explain the purposes.
When personal information that has been collected is to be used or disclosed for a
purpose not previously identified, the new purpose shall be identified prior to use.
Unless the new purpose is permitted or required by law, the consent of the respondent will
be acquired before the information will be used or disclosed for the new purpose.
UtilityPULSE & Partners may provide clients or other third parties with information
from any survey, in aggregate form. In aggregate form it is impossible to identify an
individual respondent's personal information
Principle 3 - Obtaining Consent for Collection,
Use or Disclosure of Personal Information
The knowledge and consent of an individual are required for the collection, use, or
disclosure of personal information, except where inappropriate.
Participation by respondents in survey research is always voluntary. When a respondent
agrees to participate in a survey, he/she gives consent to the interview by participating.
Generally, any personal information collected in the course of an interview is not
disclosed to third parties. However, occasionally, a client sponsoring a research project
may want to contact respondents directly. In these cases, UtilityPULSE & Partners
always explains the reason for the disclosure to the respondent and obtains express
permission from the respondent before making any such disclosure.
A respondent is always free to choose whether or not to participate in a survey, free
to choose not to answer any specific questions and free to discontinue participation at
any time. In obtaining consent, UtilityPULSE & Partners shall use reasonable efforts
to ensure that a respondent is advised of the identified purposes for which personal
information will be used or disclosed. The identified purposes shall be stated in a manner
that can be reasonably understood by the respondent.
Principle 4 - Limiting Collection of Personal
Information
UtilityPULSE & Partners shall limit the collection of personal
information to that which is necessary for the purposes identified by UtilityPULSE &
Partners.
In conducting surveys, UtilityPULSE & Partners limits the amount and type of
personal information it collects. We collect only the amount and type of information
needed for the purposes identified to individuals.
UtilityPULSE & Partners collects personal information about an individual primarily
from that individual or a member of that individual's household. Except as permitted by
law, UtilityPULSE & Partners will only collect personal information from external
sources, such as client organizations, if individuals have consented to such collection.
Principle 5 - Limiting Use, Disclosure, and
Retention of Personal Information
UtilityPULSE & Partners 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. Personal information shall be retained only
as long as necessary for the fulfillment of those purposes.
UtilityPULSE & Partners may disclose a respondent's personal information to:
(a) |
a client of UtilityPULSE, a division of Simul Corporation, where
the respondent has consented to such disclosure; |
(b) |
a third party engaged by UtilityPULSE to perform functions on its
behalf; |
(c) |
a public authority or agent of a public authority if, in the
reasonable judgment of UtilityPULSE & Partners, it appears that there is imminent
danger to life or property which could be avoided or minimized by disclosure of the
information; or |
(d) |
a third party or parties, where the respondent consents to such
disclosure or disclosure is required or permitted by law. |
Only UtilityPULSE & Partners’ employees with a business need-to-know, or whose
duties reasonably so require, are granted access to personal information about
respondents.
UtilityPULSE & Partners shall keep personal information only as long as it remains
necessary or relevant for the identified purposes or as required by law. Depending on the
circumstances, where a respondent may have to be re-contacted for purposes of clarifying
responses to a survey, or to seek additional responses, UtilityPULSE & Partners shall
retain the personal information for a period of time that is reasonably sufficient to
allow this re-contact.
UtilityPULSE & Partners shall maintain reasonable and systematic controls,
schedules and practices for information and records retention and destruction which apply
to personal information that is no longer necessary or relevant for the identified
purposes or required by law to be retained. Such information shall be destroyed, erased or
made anonymous.
Principle 6 - Accuracy of Personal Information
Personal information shall be as accurate, complete, and up-to-date as is necessary
for the purposes for which it is to be used.
Personal information used by UtilityPULSE & Partners shall be sufficiently
accurate, complete, and up-to-date to minimize the possibility that inappropriate
information may be used to make a decision about a respondent.
UtilityPULSE & Partners shall update personal information about respondents and
employees as necessary to fulfill the identified purposes or upon notification by the
individual.
Principle 7 - Security Safeguards
UtilityPULSE & Partners shall protect personal information by security
safeguards appropriate to the sensitivity of the information.
UtilityPULSE & Partners shall protect personal information against such risks as
loss or theft, unauthorized access, disclosure, copying, use, modification or destruction,
through appropriate security measures, regardless of the format in which it is held.
UtilityPULSE & Partners shall protect personal information disclosed to third
parties by contractual agreements stipulating the confidentiality of the information and
the purposes for which it is to be used.
All of UtilityPULSE & Partners’ employees with access to personal information
shall be required to respect the confidentiality of that information.
Principle 8 - Openness Concerning Policies and
Procedures
UtilityPULSE & Partners shall make readily available to individuals
specific information about its policies and procedures relating to the management of
personal information.
UtilityPULSE & Partners shall make information about its policies and procedures
easy to understand, including:
(a) |
the title and address of the person or persons accountable for
UtilityPULSE's compliance with its Privacy Policy and to whom inquiries and/or complaints
can be forwarded; |
(b) |
the means of gaining access to personal information held by
UtilityPULSE & Partners; |
(c) |
a description of the type of personal information held by
UtilityPULSE & Partners, including a general account of its use; and |
(d) |
a description of what personal information is made available to
related organizations (e.g. subsidiaries). |
Principle 9 - Individual Access to Personal
Information
Upon request, UtilityPULSE & Partners shall inform an individual of the
existence, use, and disclosure of his or her personal information and shall give the
individual access to that information. An individual shall be able to challenge the
accuracy and completeness of the information and have it amended as appropriate.
Upon written request to the Privacy Officer, UtilityPULSE, a division of Simul
Corporation will inform an individual of the existence, use and disclosure of his/her
personal information and shall be given access to that information
In certain situations, UtilityPULSE may not be able to provide access to all the
personal information that it holds about a respondent. For example, UtilityPULSE &
Partners may not provide access to information if doing so would likely reveal personal
information about a third party or could reasonably be expected to threaten the life or
security of another individual. Also, UtilityPULSE & Partners may not provide access
to information if disclosure would reveal confidential commercial information.
In order to safeguard personal information, a respondent may be required to provide
sufficient identification information to permit UtilityPULSE & Partners to account for
the existence, use and disclosure of personal information and to authorize access to the
individual's file. Any such information shall be used only for this purpose.
UtilityPULSE & Partners shall promptly correct or complete any personal information
found to be inaccurate or incomplete. Any unresolved differences as to accuracy or
completeness shall be noted in the individual's file. Where appropriate, UtilityPULSE
& Partners shall transmit to third parties having access to the personal information
in question any amended information or the existence of any unresolved differences.
Respondents and employees can obtain information or seek access to their individual
files by contacting the UtilityPULSE Privacy Officer.
Principle 10 - Challenging Compliance
An individual shall be able to address a challenge concerning compliance with the
above principles to the designated person or persons accountable for UtilityPULSE &
Partners's compliance with the UtilityPULSE Privacy Policy.
UtilityPULSE shall maintain procedures for addressing and responding to all inquiries
or complaints from its respondents regarding UtilityPULSE & Partners’ handling of
personal information.
UtilityPULSE, on written request, inform its respondents about the existence of these
procedures as well as the availability of complaint procedures.
The person or persons accountable for compliance with the UtilityPULSE Privacy Policy
may seek external advice where appropriate before providing a final response to individual
complaints.
UtilityPULSE shall investigate all complaints concerning compliance with its Privacy
Policy. If a complaint is found to be justified, UtilityPULSE shall take appropriate
measures to resolve the complaint including, if necessary, amending its policies and
procedures. The respondent shall be informed of the outcome of the investigation regarding
his or her complaint.
Additional Information
For more information regarding the UtilityPULSE Privacy Policy, please contact the
UtilityPULSE Privacy Officer by e-mail at privacy@simulcorp.com or by mail to:
Privacy Officer
Simul Corporation
65 Limeridge Street
Aurora, ON L4G 7X9
Please visit the Privacy Commissioner of Canada's website at www.privcom.gc.ca.
E-Mail: privacy@simulcorp.com
Phone: 1(888)291-7892
Facsimile: (905)222-2052
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