Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (hereinafter “PIPEDA”);
Quebec’s provincial privacy legislation the Act respecting the Protection of Personal Information in the Private Sector (hereinafter “PPIPS”);
Liberté may share informations, including Personal Information provided on a voluntary basis with its promotion and marketing agency and mass-mailing agency.
1. Liberté’s Commitment: Adhering to the ten Privacy Principles
1.1. In Canada, “Fair Information Practices” regarding your Personal Information are reflected in a series of 10 Privacy Principles developed by the Canadian Standards Association and incorporated into Canadian federal privacy legislation PIPEDA. Liberté adheres to the 10 Privacy Principles as follows:
Principle 1 – Accountability
Principle 2 – Identifying the Purposes for collection of Personal Information
Principle 3 – Consent for Collection, Use, or Disclosure of Personal Information
Liberté will obtain your informed consent for the collection, use or disclosure of your personal information, except as permitted by law.
Principle 4 – Limiting Collection of Personal Information
Liberté will limit the collection of personal information, both the amount and the type of information, to that which is necessary for the purposes identified by Liberté. Liberté will collect your personal information by fair and lawful means, and not by misleading or deceiving you about the purpose for which information is being collected.
Principle 5 – Limiting Use, Disclosure and Retention of Personal Information
Liberté will not use or disclose personal information for purposes other than the identified purposes for which it was collected, except with your consent or as required or permitted by law. Liberté will retain your personal information only as long as necessary to fulfill the identified purposes.
Principle 6 – Accuracy of Personal Information
Liberté will attempt to make sure that your personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Principle 7 – Security Safeguards
Liberté will protect your personal information by security safeguards appropriate to the sensitivity of the information.
Principle 8 – Openness Concerning Policies and Practices
Liberté will make readily available to you specific information about our policies and practices relating to the management of personal information.
Principle 9 – Individual Access to Personal Information
Upon written request, subject to certain exceptions, Liberté will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10 – Challenging Compliance
3. Consent to Share and Disclose Information
4. Consent to Electronic Notice if there is a Security Breach
4.1. If Liberté is required to provide notice of unauthorized access of certain security systems, you agree that Liberté may do so when required or voluntarily by posting notice on the Website or sending notice to any email address has for you, in the good faith discretion of Liberté. You agree that notice to you will count as notice to any other individual for whom you are acting and agree to provide the notice to any such individual.
5. Type of information we may collect
5.1. “Personal Information” is defined as any information concerning the personal or material circumstances of an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
5.2. Personal Information shall include but is not limited to: name, home address, home postal code, home telephone number, mobile phone number, email address and employment related information such as may be found on resumes, applications, background verification information, or in employment references.
5.3. Non-personal Information is information that is already a matter of public record or knowledge. Business contact information is considered non-personal information and not subjected to special protection and it can be routinely shared with anyone inside or outside of the business. Business contact information shall include but is not limited to: business name, business address, business telephone number, and is not considered personal information in certain jurisdictions.
6. Internet Users – Cookies, Internet Protocol (IP) Address, Aggregate Information
6.2. Cookies can expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) or they can be stored for longer.
6.3. Session cookies – allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes such as remembering what a user has put in their shopping basket as they browse around a site. They could also be used for security or to facilitate use of webmail. These session cookies expire after a browser session and would not be stored long term.
6.4. Persistent cookies – are stored on a users’ device in between browser sessions which allows the preferences or actions of the user across a site (or in some cases across different websites) to be remembered. Persistent cookies may be used for a variety of purposes including remembering users’ preferences and choices when using a site or to target advertising
6.5. First and third party cookies – Whether a cookie is ‘first’ or ‘third’ party refers to the website or domain placing the cookie. First party cookies in basic terms are cookies set by a website visited by the user - the website displayed in the URL window. Third party cookies are cookies that are set by a domain other than the one being visited by the user. If a user visits a website and a separate company sets a cookie through that website this would be a third party cookie.
6.6. For more information about cookies, including how to see what cookies have been set and how to manage, block and delete them, visit www.allaboutcookies.org. The website www.allaboutcookies.org gives you detailed step by step guidance on how to control and delete cookies depending on your browser type. You can adjust your browser settings to your preferred level of protection.
6.7.I nternet Protocol (IP) Address - an Internet Protocol (IP) Address is associated with your computer's connection to the internet. Liberté may use your IP address to help diagnose problems with Liberté’s server, to administer the Website and to maintain contact with you as you navigate through the Website. Your computer's IP address also may be used to provide you with information based upon your navigation through the Website. Liberté does not link IP addresses to any Personal Information.
6.8. Aggregate Information – is used to measure the visitors’ interest in, and use of, various areas of the Website and the various programs that Liberté administers, Liberté will rely upon aggregate information, which is information that does not identify you, such as statistical and navigational information. With this aggregate information, Liberté may undertake statistical and other summary analyses of the visitors' behaviors and characteristics. Although Liberté may share this aggregate information with third parties, none of this information will allow anyone to identify you, or to determine anything else personal about you.
6.9. We also use the services of Google analytics to gather Aggregate Information on our website. To opt out of being tracked by Google Analytics across all websites visit: tools.google.com/dlpage/gaoptout.
7. Children and Data Collection
7.1. Children’s privacy is important to us. Therefore, we take additional measures to help children protect their privacy while online including not asking them to disclose more personally identifiable information than is necessary for them to participate in an activity and encouraging them to use non-personally identifiable screen names rather than their real names.
7.2. We will not knowingly allow anyone under 18 to provide us any personally identifying information. Children under 18 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately, please refer to section 20 on how to contact our Privacy Officer. We will use reasonable efforts to promptly delete the child's information from our servers.
7.3. Children can participate in many of our features without providing personally identifiable information. However, to enable their participation in certain of our interactive features, we may ask children to provide us with personally identifiable information. The types of information we may request include first name as well as the child’s and parent’s email addresses. We use a child’s email address to respond to a specific request to participate in an activity (e.g., participate in a contest or sweepstakes, respond to their question, enable them to subscribe to a newsletter). We use parents’ e-mail addresses to obtain their consent or notify them of their child's online activities and enable the parent to unsubscribe the child from a newsletter or other similar activity.
7.5. At any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records.
7.6. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share their child’s personal information. Please note that, at all times, parents should update their personal information to provide us a current email address.
7.7. If you would like to review any personally identifiable information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child's information, or if you have questions about these information practices, you may contact our Privacy Officer. Please refer to section 20 for information on how to reach our Privacy Officer.
8. Our Use of your Information
8.2. Liberté may market to you directly by email, mail or by telephone for the purposes, among others, of offering you some of Liberté’s new or current product.
8.3. Liberté may use Personal Information which it is provided on a voluntary basis through a message or following a given participation to a survey, contest or promotion. Personal Information gathered for any of such purpose, will be namely used to communicate with you in the event you win. Contests and/or promotions offered by Liberté may be subject to additional specific regulations, which will be fully described in such conquest or promotion. You have no obligation to send us a message or participate in such survey, contest or promotion.
8.4. Liberté undertakes not to use any Personal Information it gathers in compliance with this policy or with any applicable legislation, to any other purposes unless we obtain your consent for that purpose or in certain exceptional circumstances, where Liberté believes in good faith that the law requires or allows it.
9. Collection and Use of Employee Personal Information
9.1. Liberté also collects Personal Information from its employees and applicants (human resource data) in connection with administration of its Human Resources programs and functions. These programs and functions include, but are not limited to: job applications and hiring programs, compensation and benefit programs, performance appraisals, training, access to Liberté and its affiliates facilities and computer networks, employee profiles, internal intranet employee directories, Human Resource recordkeeping, and other employment related purposes.
9.2. It is the policy of Liberté to keep all past and present employee information private from disclosure to third parties. There are certain business related exceptions and they are:
9.2.1. To comply with municipal, regional, provincial or federal agency requests;
9.2.2. Inquiries from third parties with a signed authorization from the employee to release the information, except in situations where limited verbal verifications are acceptable (see below);
9.2.3. Third parties with which Liberté has contractual agreements to assist in administration of company sponsored benefits.
10. Verification of Employment
10.1. Prospective employers, government agencies, financial institutions, and residential property managers routinely contact Liberté requesting information on a former or current employee's work history and salary. All such requests of this type shall be referred to and completed on a confidential basis by the Human Resources Department or Payroll Department.
10.2. For written verification of employment requests, information will be provided on the form only when it is accompanied by an employee's signed authorization to release information. The form will be returned directly to the requesting party and filed as part of the Human Resources or Payroll Department’s confidential records.
11. Collection and Use of Customer Information
11.1. Liberté will not collect Personal Information, unless you contact Liberté directly. In the future, it is possible that we may use this information to contact you regarding products or promotions, as well as other products and services, which may be of interest to you. If you do provide us with Personal Information we may use the information to contact you, via e-mail, regular mail, telephone or other means, to provide you with information that you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services. If you do not want this information disclosed you may “opt out” of future contacts at any time by un-subscribing from our database or contacting the Privacy Officer, in writing, as described below in the section 20.
12. Mobile Information
12.1. This section applies to individuals who visit our Website through a mobile device such as cellphone or tablet computer :
12.2. Mobile Information We Collect
12.2.1 .Personally identifiable information (e.g. Name, email address) we collect consists only of what you share with us. For example, we may ask for this type of information so that we may contact you by phone or email at your request. You choose what, how, and when you want to share.
12.2.2. If you use any location-enabled products, you may be sending us location information. Liberté does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.
12.2.3. Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information will not identify you to Liberté. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
12.2.4. Use of 3rd party services such as social sharing sites (e.g., Facebook and Twitter) is governed by the privacy practices of those services. Liberté does not capture or store your login information or other personally identifiable information for these services, however session info or cookies may be stored.
12.3. How We Use Mobile Collected Information
12.3.1. We use the information to personalize your experience with the application and to improve your overall experience including the development of new products, services, and features. We also use the information to provide customer support, and when applicable, register and administer your account. Additionally, we may use the information you provide to contact you about updates to our service.
12.3.2. Information you provide may be used to fulfill the service(s) or carry out the transaction(s) you have requested or authorized.
12.4. Liberté does not share any collected Mobile Information with 3rd parties with the following exceptions:
12.4.1. Liberté may provide some personal data to third-party partners that are providing services essential to your mobile user experience.
12.4.2. All requests are sent through your mobile carrier's network and your carrier may have access to it. Consult your carrier's privacy policies for additional information.
13. Opt-Out of Email and Mobile Updates
14. Sharing of Personal Information
14.3. The Personal Information you provide Liberté is considered a company asset and may be disclosed and/or transferred to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, or financing of all or any portion of Liberté or of any of the business assets or shares of Liberté or a division thereof, in order for a customer to continue to receive the same products and services from the third party.
14.4. Although we make every effort to preserve user privacy, we reserve the right to disclose Personally Identifiable Information to a third party in certain limited circumstances, specifically: to comply with a law, regulation, search warrant, subpoena, judicial proceeding, a court order, or as otherwise may be required by law, to enforce our policies or contracts, to collect amounts owed to us, to protect users of our sites from fraudulent or abusive use, during emergencies when safety is at risk, as determined by Liberté, or otherwise where necessary for the establishment, exercise or defense of legal claims. In addition, from time to time, server logs may be reviewed for security purposes; for example, to detect unauthorized activity on the web site. In such cases, server log data, containing IP addresses, would be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
15.1. We endeavor to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use and modification.
16. Storage, Retention and Accuracy of Personal Information
16.1. Liberté takes all reasonable steps to insure that Personal Information is safeguarded against loss, access, use, modification, disclosure or other misuse. All reasonable steps are taken to prevent unauthorized use or disclosure of your Personal Information.
16.2. Liberté will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purpose(s) remains valid after termination of our relationship with you.
16.3. We take all reasonable steps to insure that your Personal Information is accurate, up-to-date, complete, relevant and not misleading.
16.4. Liberté may store your Personal Information in its databases located in the United States and/or other countries outside of Canada. Additionally, some of our service providers may reside in the United States or other countries outside of Canada and will be subject to the laws of the local jurisdiction. As a result, in certain circumstances, the United States and other foreign governments, courts, law enforcement agencies or regulatory agencies may be entitled to access the Personal Information collected and held by Liberté.
17. Access, Control and Update Information About You
17.1. We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you should contact the Privacy Officer (see section 20) to update your contact information. You may choose at any time to remove your name, telephone numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us also by contacting the Privacy Officer.
18. Links to Non- Liberté Web Sites and Third Parties
19. Social Media and Online Engagement
19.1. Liberté uses a variety of new technologies and social media options to communicate and interact with consumers. These sites and applications include popular social networking and media sites, open source software communities and more. To better engage the public in ongoing dialog, the Liberté uses several third-party platforms including, but not limited to, Facebook and Twitter. Third-Party Websites and Applications (TPWA) are Web-based technologies that are not exclusively operated or controlled by Liberté. When interacting with the Liberté presence on those websites, you may reveal certain personal information to Liberté or to third parties. Except when used by Liberté’s employee’s for the purpose of responding to a specific message or request, Liberté will not use, share, or retain your personal information.
19.2. At this time, the Liberté has two Social Media Accounts, Facebook.com/LiberteCan, Twitter.com/LiberteCan.
20. Our Privacy Officer
20.1. You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer shall contact the appropriate employee to fulfill your request.
20.2. Should you have any questions or complaints, do not hesitate to contact the Privacy Officer. The Privacy Officer may be reached:
22. Terms and Conditions of Website Use