Version 1.1. - Revised January 10, 2018.
VeloMetro Mobility Inc. offers services to Members consisting of shared access to Veemo® three wheeled motor-assisted cycles (i.e. velomobiles). Throughout VMI’s interactions with Customers and Employees, we are committed to respecting the privacy, confidentiality and security of Personal Information.
“Act”: means British Columbia’s Personal Information Protection Act [SBC 2003] Chapter 63;
“App”: means the Veemo® App, as defined under Section 1.1 of the Service Terms;
“Contact Information”: means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual;
“Customer”: means an individual who: (a) is a Member; (b) is a Potential Member; (c) corresponds with VMI; and/or (d) is a VMI Website User;
“Employee”: means an individual who: (a) is an employee of VMI; and/or (b) is an applicant for employment with VMI;
“Member”: means an individual who is considered a Member pursuant to Section 1.7 of the Service Terms;
“Personal Information”: means information about an identifiable individual but does not include Contact Information or Work Product Information.
Personal Information that is not Contact Information or Work Product Information can include, without limitation:
- An individual’s Name;
- An individual’s Email address;
- An individual’s residential mailing address;
- Birth dates;
- Credit and financial information;
- Billing records;
- VMI service and product records; and
- Recorded complaints.
“Potential Member”: means an individual who is considered a Potential Member pursuant to Section 1.9 of the Service Terms;
“Service Terms” means the Veemo® Service Terms;
“VMI”, “we”, “our”: means VeloMetro Mobility Inc., its parents, subsidiaries, affiliates and their respective officers, directors, agents, suppliers and distributors;
“VMI Website”: means a website owned, controlled or managed by VMI, including the following domain: https://www.velometro.com/;
“VMI Website User” means a user of a VMI Website from which VMI collects Personal Information;
“Work Product Information”: means information prepared or collected by an individual or group of individuals as a part of the individual's or group's responsibilities or activities related to the individual's or group's employment or business but does not include personal information about an individual who did not prepare or collect the personal information. For example, a work report prepared and signed by an employee would be that employee’s work product information.
By mail at: Privacy Officer
1885 Franklin St.
By email at: firstname.lastname@example.org
By phone at: 778-806-8736
- IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
2.1 VMI shall identify orally, electronically or in writing, the purposes for which Personal Information is collected at or before the time the information is collected. Unless required by law, VMI shall not use or disclose for any new purpose Personal Information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the individual.
2.2 We may ask for Personal Information only for the following purposes:
- To establish and maintain a responsible commercial relationship;
- To allow us to provide ongoing services and support;
- To bill for and collect payment for VMI services and products;
- To manage, develop and market VMI’s network, business and operations;
- To manage personnel and employment matters;
- To meet legal and regulatory requirements;
- To obtain credit information or provide it to others;
- For any other purpose with consent.
2.3 From time to time, VMI may need to collect Personal Information about an individual from a third-party organization. In these situations, VMI will provide the third-party organization with sufficient information regarding the purpose of the collection of Personal Information to allow it to assess whether disclosure would be consistent with the Act or other applicable privacy laws.
2.4 During a Customer’s or Employee’s interaction with VMI Websites and the App, VMI may use a browser feature called a “Cookie”. Cookies are small information packets created by the website and stored on a VMI Web Site user’s hard drive. Cookies are used to collect information anonymously and track user patterns on the VMI Websites. For example, Cookies might help us determine whether an individual is a repeat or first-time visitor of a VMI Website.
2.5 Certain services provided by VMI involving the use of its three-wheeled power assisted cycles and related share network services, also involve tracking the geo-location and other statistics related to the use and status of those vehicles.
- OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION
3.1. VMI requires an individual’s knowledge and consent for the collection, use or disclosure of Personal Information, except in the circumstances described in Sections 3.3 to 3.6 below, where requiring Customers’ or Employee’s knowledge or consent would be inappropriate.
3.2 In general, implied consent for VMI to collect, use and disclose Personal Information for all identified purposes is obtained in the following circumstances: (1) when a Customer applies for VMI services or products; (2) when a Customer uses VMI services or products; (3) when an individual submits an application for employment with VMI; or (4) when an Employee accepts employment or benefits from VMI. Notwithstanding, VMI shall seek consent to use and disclose Personal Information at the same time it collects the information. However, VMI may seek consent to use and disclose Personal Information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 VMI may collect, use or disclose Personal Information without a Customer’s or Employee’s consent only in the following, exceptional circumstances:
- Where it is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- Where it is necessary for the medical treatment of the individual and the individual is unable to give consent;
- Where it is reasonable to expect that the collection with consent would compromise the availability or the accuracy of the Personal Information and the collection is reasonable for an investigation or proceeding;
- Where the Personal Information:
- is available publicly from (i) a public phone directory; (ii) a directory assistance service; (iii) a professional or business directory, listing or notice; (iv) a registry to which the public has a right of access; and
- the individual is permitted to refuse to have his or her personal information included in the directory or in the case of a registry with public right of access, the Personal Information is collected under the authority of an enactment or applicable laws.
- Where the Personal Information appears in a printed or electronic publication that is available to the public, including a magazine, book or newspaper in printed or electronic form;
- Where it is required or authorized by applicable law;
- Where it is needed to facilitate the collection or payment of a debt; or
- Where it is necessary to respond to an emergency that threatens life, health or security of an individual.
3.4 VMI is also authorized, without a Customer’s or Employee’s knowledge or consent, to collect Personal Information:
- Where it has been disclosed to VMI by another organization or party in accordance with the
3.5 VMI is also authorized, without a Customer’s or Employee’s knowledge or consent, to disclose Personal Information:
- Where it is disclosed in accordance with the provision of a treaty that (i) authorizes its disclosure; and (ii) is made under an enactment of British Columbia or Canada;
- Where it is necessary for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of Personal Information;
- Where it is to a public body or a law enforcement agency in Canada, concerning an offence under the laws of Canada or a province, to assist in an investigation, or in the making of a decision to undertake an investigation;
- To determine whether the offence has taken place; or
- To prepare for the laying of a charge or the prosecution of the offence.
- Where there are reasonable grounds to believe that compelling circumstances exist that affect the health or safety of any individual and if notice of disclosure is mailed to the last known address of the individual to whom the personal information relates,
- Where it is for the purpose of contacting next of kin or a friend of an injured, ill or deceased individual;
- Where the disclosure is to a lawyer who is representing VMI; or
- Where the disclosure is in the context of a sale or potential sale of VMI or its business assets.
3.6 With respect to Employees only, VMI is also authorized, without an Employee’s consent, to collect, use or disclose an Employee’s Personal information if it is reasonable for the purpose of establishing, managing or terminating an employment relationship. In these cases, VMI will notify an Employee before collecting, using or disclosing their Personal Information.
3.7 In obtaining consent, VMI shall use reasonable efforts to ensure that the Customer or Employee is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Customer and Employee.
3.8 VMI will require consent for the collection, use or disclosure of Personal Information as a condition of the supply of a service or product only if such collection, use or disclosure is required to fulfill the identified purposes.
3.9 In determining the appropriate form of consent, VMI shall take into account the sensitivity of the Personal Information and the reasonable expectations of its Customers and Employees.
3.10 A Customer or Employee may withdraw consent to the collection, use or disclosure of Personal Information at any time. Withdrawing consent may have consequences. For instance, withdrawing consent to the use of certain Personal Information may prevent VMI from providing services to Customers or from performing its obligations as an employer. Customers and Employees may contact VMI for more information regarding the implications of withdrawing or varying consent. Upon receiving a Customer or Employee’s notice of withdrawal of consent, VMI will also inform the individual of the likely consequences of withdrawing consent. Customers and Employees may not withdraw consent if doing so would frustrate the performance of a legal obligation.
- LIMITING COLLECTION OF PERSONAL INFORMATION
4.1 VMI shall limit the collection of Personal Information to that which is necessary for appropriate purposes identified by VMI. VMI shall collect Personal Information by fair and lawful means.
4.2 VMI collects Personal Information primarily from its Customers and Employees.
4.3 VMI may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
- LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
5.1 VMI 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 in the circumstances listed under Sections 3.3 to 3.6, above. VMI shall retain Personal Information only as long as necessary for the fulfillment of those purposes or as required by law.
5.2 Internally, only VMI employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about Customers and Employees.
5.3 In addition, VMI may disclose an Employee’s Personal Information to:
- An entity for regular personnel and benefits administration;
- An Employee’s prospective employer for the purpose of providing a reference; and
- A third party or parties, where the Employee consents to such disclosure or the disclosure is required by law.
5.4 VMI 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 within a reasonable period of time after VMI no longer reasonably requires the Personal Information for legal or business purposes.
- ACCURACY OF PERSONAL INFORMATION
6.1 VMI shall strive to keep Personal Information within its possession or control as accurate, complete, and up-to-date as is necessary to: (1) appropriately utilize that Personal Information for the purposes for which it was collected; and (2) minimize the likelihood that inappropriate information may be used to make a decision about a Customer or Employee.
6.2 VMI shall update Personal Information about Customers and Employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
- SECURITY SAFEGUARDS
7.1 VMI shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.
7.2 VMI shall strive to protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. VMI shall protect the information regardless of the format in which it is held.
7.3 VMI shall utilize technological, contractual and other means to provide an appropriate level of protection for Personal Information that is disclosed to third parties for processing.
7.5 VMI may store and process Personal Information in Canada or another country. In either case, the Personal Information is protected with appropriate security safeguards and subject to the privacy laws and regulations of the host jurisdiction.
- OPENNESS CONCERNING POLICIES AND PRACTICES
8.2 VMI shall make information about its policies and practices as accessible and easy to understand as possible, including:
- contact information for VMI’s Privacy Officer;
- the means of gaining access to one’s own Personal Information held by VMI; and
- a description of the type of Personal Information held by VMI.
8.3 VMI will make available information to assist Customers and Employees in exercising choices regarding the use of their Personal Information.
- CUSTOMER AND EMPLOYEE ACCESS TO PERSONAL INFORMATION
9.1 VMI shall provide a Customer or Employee, upon their request and subject to the limitations in Section 9.2 below, with:
- the individual’s Personal Information under control of VMI;
- information about the ways in which the Personal Information referred to in paragraph (a) has been and is being used by VMI;
- the names of the individuals and organizations to whom the Personal Information referred to in paragraph (a) has been disclosed by the organization; and
- If applicable, the names of the sources from which VMI received the Personal Information unless it would be reasonable to assume that the Customer or Employee can ascertain those sources.
9.2 VMI is not required to disclose Personal Information and other information listed in Section 9.1 in the following circumstances:
- The information is protected by solicitor-client privilege;
- The disclosure of information would reveal confidential commercial information that could harm VMI’s competitive position;
- The Personal Information was collected or disclosed for the purposes of an investigation and the investigation and associated proceedings and appeals have not been completed;
- The information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under an enactment or by a court; or
- the information is in a document that is subject to a solicitor's lien.
9.3 VMI must not disclose Personal Information and other information listed in Section 9.1 in the following circumstances:
- The disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- The disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
- The disclosure would reveal personal information about another individual;
- The disclosure would reveal the identity of an individual who has provided Personal Information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
VMI will nonetheless provide Customers and Employees with the information listed in Section 9.1, excluding by redaction any information listed above in this Section 9.3.
9.4 Customers and Employees can seek access to their Personal Information by submitting a written request to VMI’s Privacy Officer. A written request must contain sufficient detail to enable VMI, with a reasonable effort, to identify the Customer or Employee and the Personal Information being sought. VMI will respond no later than 30 days after a written request is received by the Privacy Officer.
9.5 In order to safeguard Personal Information, a Customer or Employee may be required to provide sufficient identification information to permit VMI 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.
- CHALLENGING COMPLIANCE
10.1 A Customer or Employee may address a challenge concerning compliance with the above principles to the Privacy Officer, at the contact coordinates outlined in Section 1.2.
10.2 VMI shall maintain procedures for addressing and responding to all inquiries or complaints from its Customers and Employees about VMI’s handling of Personal Information.
10.3 VMI shall inform its Customers and Employees about the existence of these procedures as well as the availability of complaint procedures.
10.5 A Customer or Employee may seek advice from the Office of the Information and Privacy Commissioner for British Columbia (at 1-250-387-5629 or email@example.com), and, if appropriate, file a written complaint with the Commissioner’s office. However, the Customer or Employee is encouraged to use VMI’s internal information and complaint procedures first.
In a response if access to all or part of the personal information requested by the applicant is refused, the organization must tell the applicant
(a) the reasons for the refusal and the provision of this Act on which the refusal is based,
(b) the name, position title, business address and business telephone number of an officer or employee of the organization who can answer the applicant's questions about the refusal, and
(c) that the applicant may ask for a review under section 47 within 30 days of being notified of the refusal.
(2) Despite subsection (1) (a), the organization may refuse in a response to confirm or deny the existence of personal information collected as part of an investigation.