FEDEX TRADE NETWORKS
TRANSPORT & BROKERAGE (CANADA), INC.
FedEx Trade Networks Transport & Brokerage (Canada), Inc. ("FTN") values its relationship with its customers and employees, and is committed to the protection of their personal information. Accordingly, FTN adheres to the privacy principles, and accompanying commentary, set out below (the "Privacy Principles"). The Privacy Principles are based on the principles set out in Schedule 1 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, ch. 5 (the "Federal Act"), as well as the principles set out in the related acts of the various provinces, including the Act respecting the protection of personal information in the private sector, R.S.Q., c. P-39.1 (the "Quebec Act"). "Personal Information", as used in this Code, means information about an identifiable individual.Principle 1 - Accountability
FTN is responsible for all Personal Information under its control.
Accountability for our compliance with the Privacy Principles rests with the Privacy Officer, even though other individuals within FTN have responsibility for the day-to-day collection and processing of Personal Information and may be delegated to act on behalf of the Privacy Officer.
We are responsible for Personal Information in our possession or custody, including information that has been transferred to a third party for processing. We will use contractual or other means to provide a comparable level of protection when the information is being processed by a third party.Principle 2 - Identifying Purposes
We will identify and document the purposes for which we collect, use, or disclose Personal Information at or before the time of collection.
The purposes will be limited to those which are related to our business and which a reasonable person would consider are appropriate in the circumstances. We collect, use, and disclose Personal Information concerning our customers for the following reasons:
If we plan to use Personal Information we have collected for a purpose not previously identified, we will identify and document this purpose before such use.
As a general rule, we will specify the identified purposes, orally or in writing, to the individual from whom the Personal Information is collected at or before the time of collection. When Personal Information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use. We will state the identified purposes in such a manner that an individual can reasonably understand how the information will be used or disclosed.Principle 3 - Consent
Personal Information will only be collected, used, or disclosed with the knowledge and consent of the individual, except in case where the applicable laws authorize collection, use or disclosure of personal information without such knowledge or consent.
The way in which we seek consent, including whether it is express or implied, may vary depending upon the sensitivity of the information and the reasonable expectations of the individual. An individual can withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We will inform individuals of any implications of withdrawing consent.
Typically, we will seek consent for the use or disclosure of information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (such as where we want to use information for a purpose not previously identified).
We will not, as a condition of the supply of services, require an individual to consent to the collection, use, or disclosure of Personal Information beyond that required to fulfill the explicitly specified and legitimate purposes.
In certain circumstances, as permitted or required by law, we may collect, use or disclose Personal Information without the knowledge or consent of the individual. These circumstances may include: Personal Information which is subject to solicitor-client privilege or is publicly available; where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; to investigate a breach of an agreement or a contravention of a law; to act in respect to an emergency that threatens the life; health or security of an individual; for debt collection; or to comply with a subpoena, warrant or court order.Principle 4 - Limiting Collection
We will limit the amount and type of Personal Information collected to that which is necessary for our identified purposes and we will only collect Personal Information by fair and lawful means.
Principle 5 - Limiting Use, Disclosure, and Retention
Personal Information will not be used or disclosed 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 will be retained only as long as necessary to fulfill the identified purposes.
Personal Information which has been used to make a decision about an individual will be retained long enough to allow the individual access to the information after the decision has been made and, in the event of an access request or a challenge, long enough to exhaust any recourse an individual may have under the law. Where Personal Information is no longer required to fulfill the identified purposes, it will be destroyed, erased, or made anonymous.Principle 6 - Accuracy
We will use our best efforts to ensure that Personal Information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
We will use our best efforts to ensure that Personal Information that is used on an ongoing basis, including information that is disclosed to third parties, and information that is used to make a decision about an individual, is accurate, complete, and up-to-date.Principle 7 - Safeguards
We will protect Personal Information with safeguards appropriate to the sensitivity of the information.
Our safeguards will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. We will make our employees aware of the importance of maintaining the confidentiality of Personal Information, and we will exercise care in the disposal or destruction of Personal Information to prevent unauthorized parties from gaining access to the information.
Our methods of protection will include physical measures (for example, locked filing cabinets and restricted access to offices), organizational measures (for example, security clearances and limiting access on a "need to know" basis), and technological measures (for example, the use of passwords and encryption).Principle 8 - Openness
We will make specific information about our policies readily available, except to the extent this is confidential commercial information.
The information we will make available will include: how to gain access to Personal Information; the type of Personal Information held by us, including a general account of its use as well as the categories of persons who will have access to it within the organization; the place(s) where Personal Information will be kept; general information concerning our Code and policies and how to contact the Privacy Officer.Principle 9 - Rights of access and rectification
Upon written request, we will, as a general rule, inform an individual of the existence, use, and disclosure of his or her Personal Information and we will give the individual access to that Personal Information.
An individual may also make a written request for rectification of Personal Information in order to cause information which is inaccurate, incomplete or equivocal to be rectified. He may also ask us to delete obsolete information, information not justified by the purpose of the file that we established on him or information collected otherwise than according to law. He may as well deposit his written comments in the file.
We will respond to an individual's written request for access or rectification within 30 days of the receipt of the request. We will assist any individual who informs us that they need assistance in preparing a request. We may require an individual to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. While our response will typically be provided at no cost to the individual, depending on the nature of the request and the amount of information involved, we reserve the right to impose a reasonable cost for the transcription, reproduction or transmission of such formation. In these circumstances, we will inform the individual of the approximate cost to provide the response and proceed upon payment by the individual of the cost. Requested information will be provided or made available in a form that is generally understandable. We will indicate the source of the information where such information was supplied by a third person carrying or a business.
In providing an account of third parties to which we may have disclosed Personal Information about an individual, we will attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which we have actually disclosed Personal Information, we will provide a list of organizations to which we may have disclosed the information.
If an individual files a request for rectification and successfully demonstrates that Personal Information should be rectified, we will amend the information accordingly. Notice of the rectification will be given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided the information. If a request for rectification is not resolved to the satisfaction of the individual, we will inform without delay the same persons of the request for rectification as well as of the existence of the unresolved challenge.
In certain situations, we may refuse a request or not be able to provide access to all the Personal Information we hold about an individual. Exceptions to the access requirement will be limited and specific, as permitted or required by law. They may include information that contains references to other individuals or information that is subject to solicitor-client privilege.
If we refuse to grant a request for access or rectification totally or in part, we will inform the concerned individual in writing of the refusal, setting out the reasons and any recourse that he may have under the applicable laws regarding the protection of personal information.Principle 10 - Challenging Compliance
Any individual can address a challenge concerning our compliance with any of the Privacy Principles to firstname.lastname@example.org.
We will investigate all written complaints. If we find a complaint to be justified, we will take all appropriate measures, including, if necessary, amending our policies and practices.
This Privacy Code does not preclude an individual from having any available recourse under the applicable laws regarding the protection of personal information.