Privacy Policy

• Introduction
• Definitions
• Application

• Principle 1 - Accountability
• Principle 2 - Identifying Purposes
• Principle 3 - Consent
• Principle 4 - Limiting Collection
• Principle 5 - Limiting Use, Disclosure, and Retention

• Principle 6 - Accuracy
• Principle 7 - Safeguards
• Principle 8 - Openness
• Principle 9 - Individual Access
• Principle 10 - Challenging Compliance

INTRODUCTION

Fairchild Media Group ("Fairchild") Commitment to Privacy

• are committed to controlling the collection, use and disclosure of personal information.
• have demonstrated that commitment by developing this privacy policy in accordance with the standards set out in the Personal Information Protection and Electronic Documents Act, which came into force on January 1, 2001.
• can use this policy to better inform our employees and the public of our initiatives to protect the privacy of personal information.

DEFINITIONS

Personal information

• is information about an identifiable individual recorded in any form and includes, but is not limited to, such things as race, ethnic origin, colour, age, marital status, religion, education, medical, criminal, employment or financial history, address and telephone number, numerical identifiers such as the Social Insurance Number, and views and personal opinions.
• does not include the name, title or business address or telephone number of an employee of the organization.
• Personal information is collected by Fairchild only when you specifically and knowingly choose to provide it to us such as when you enter a Fairchild promotion or choose to receive information, products or services from a Fairchild company. We may also receive personal information from other business partners and other third parties provided that such third parties confirmed to us that they have obtained your consent to the disclosure pf your personal information.
• Public available information, such as a public directory listing of your name, address telephone number and electronic address, is not considered personal information.

Consent

• voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organization seeing consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.

Collection

• Fairchild collects and use your personal information primarily for the purpose of providing you with the products and services you have requested from us.
• Your personal information is used to communicate with you about your account and to provide you with information related to other Fairchild companies. If you indicated that you were interested in receiving offers or information from selected Fairchild sponsors or advertisers, your personal information would also be used to communicate with you or to send you e-mail materials and other mailings about products and services that might be of interest to you. You always have the option, however, to tell us not to share your personal information with other Fairchild companies or to exclude you from offer for other products or services.
• Unless you specifically authorize us to release your personal information, or release is required or permitted by law, Fairchild will not sell, lease or trade your personal information to other third parties.
• Fairchild will only ask for information about you that we need and will only ask for it when we need it. When we ask for the information, we will explain to you why we need it and what we are going to do with it.
• We will seek your prior consent to the consent, use and disclosure of the information required by applicable privacy legislation. Subject to legal and contractual requirement you can refuse to consent to our collection, use or disclosure of information about you. You may also withdraw your consent to any further collection, use of disclosure of information about you at any time by giving us reasonable notice. If our intended disclosures or uses of information change, we will notify you accordingly.
• Your personal information will not be used for any other purpose without your consent.

Use

• refers to the treatment and handling of personal information within our organization.

Disclosure

• To make us to more effectively provide the products and services you have requested from us, Fairchild may share your personal information with other Fairchild companies and with selected third parties who are acting on our behalf as official agents, suppliers or service providers. Such third party service providers are provided only with such information as is necessary in the circumstances (i.e. your residential address may be disclosed to our distributors and carriers for the purpose of delivering the monthly TV guide). Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.

Organization

• a term used in the Privacy Policy to describe the entity adopting and complying with the obligations set out herein. 1.
  
  1. Definition of "organization" in the Personal Information Protection and Electronic Documents Act is as follows:
  "organization includes an association, a partnership, a person and a trade union"

APPLICATION

This policy applies to

• any personal information that Fairchild collects, uses or discloses in the course of commercial activities or any personal information about an employee of Fairchild.

This policy does not apply to

• personal information that Fairchild collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.

PRINCIPLE 3

CONSENT

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where consent is not required by law. As an exception to this general rule, consent is not required under the Personal Information Protection and Electronic Documents Act if the collection, use or disclosure of the personal information is solely for journalistic, artistic or literary purposes.

1. Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, Fairchild will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Fairchild wants to use information for a purpose not previously identified).
2. The principle requires "knowledge and consent". Fairchild shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3. Fairchild may collect, use or disclose personal information without consent only in those circumstances permitted by sections 7 or 9 of the Personal Information Protection and Electronic Documents Act. Fairchild should consult the Personal Information Protection and Electronic Documents Act to determine whether an exception to the obligation to obtain consent applies. Legal, medical, or security reasons may make it impossible or impractical to seek consent. For example, when information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated, in which case consent must be obtained from parents, guardians or legal representatives of such individuals.
4. Fairchild shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfill the explicitly specified, and legitimate purposes.
5. The form of the consent sought by Fairchild may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, Fairchild shall take into account the sensitivity of the information. Although some information (for example, medical records and income records) is almost always considered to be sensitive, any information can be sensitive, depending on the context. For example, the names and addresses of subscribers to a newsmagazine would generally not be considered sensitive information. However, the names and addresses of subscribers to some special-interest magazines might be considered sensitive.
6. In obtaining consent, the reasonable expectations of the individual are also relevant. Consent shall not be obtained through deception.
   For example:
   • A listener who calls a radio station to enter a contest would reasonably expect that the relevant contact information (name, phone number, personal identification) would be collected and used to identify the listener if and when he or she was selected as a contest winner. However, the listener would not reasonably expect that this information would be used for any purpose other than administration of the contest, without the listener's knowledge and consent.
   • An employee filing an application for Fairchild's dental coverage plan would reasonably expect that the relevant information (employee identification number, name, date of birth) would be collected, used and communicated to third parties in accordance with the dental coverage, and for as long as the coverage was in effect.
   • When filing an application for employment, an individual may implicitly be consenting to the information he or she discloses on the form. Fairchild can bring to the applicant's attention the use that will be made of the information on the form. Consent in such case is indicated by the applicant's completing and signing the form.
7. The way in which Fairchild seeks consent may vary, depending on the circumstances and the type of information collected. Fairchild should generally seek express consent when the information is likely to be considered sensitive. Implied consent should only be relied on where collection and use of the personal information is directly related to a transaction or exchange of information in which the individual is directly participating. Consent can also be given by an authorized representative (such as a legal guardian or a person having power of attorney).
8. Individuals can give consent in many ways.
   For example:
   1. an application form may be used to seek consent, collect information, and inform the individual of the use that will be made of the information. By completing and signing the form, the individual is giving consent to the collection and the specified uses;
   2. a checkoff box may be used to allow individuals to request that their names and addresses not be given to other organizations. Individuals who do not check the box are assumed to consent to the transfer of this information to third parties;
   3. consent may be given orally when information is collected over the telephone; or
   4. consent may be given at the time that individuals use a product or service.
9. An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Fairchild shall inform the individual of the implications of withdrawing consent.

PRINCIPLE 4

LIMITING COLLECTION

The collection of personal information shall be limited to that which is necessary for the purposes identified by Fairchild. Information shall be collected by fair and lawful means.

1. Fairchild shall not collect personal information indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfill the purposes identified. Fairchild shall specify the type of information collected as part of its information-handling policies and practices, in accordance with the Openness principle (Clause 4.8).
2. The requirement that personal information be collected by fair and lawful means is intended to prevent Fairchild from collecting information by misleading or deceiving individuals about the purpose for which information is being collected. This requirement implies that consent with respect to collection must not be obtained through deception.

PRINCILE 5

LIMITING USE, DISCLOSURE, AND RETENTION

Personal information shall 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 by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

1. Fairchild using personal information for a new purpose shall document this purpose (see Clause 2.1). Consent of the individual must be obtained prior to use of the information for a new purpose.
2. Fairchild should develop guidelines and implement procedures with respect to the retention of personal information. These guidelines should include minimum and maximum retention periods. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. Fairchild may be subject to legislative requirements with respect to retention periods.
3. Personal information that is no longer required to fulfill the identified purposes should be destroyed, erased, or made anonymous. Fairchild shall develop guidelines and implement procedures to govern the destruction of personal information.

PRINCIPLE 6

ACCURACY

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

1. The extent to which personal information shall be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
2. Fairchild shall not routinely update personal information, unless this is necessary to fulfill the purposes for which the information was collected.
3. Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.

PRINCIPLE 7

SAFEGUARDS

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

1. Fairchild shall implement security safeguards to 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.
2. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage. More sensitive information should be safeguarded by a higher level of protection.
3. The methods of protection should include
   1. physical measures, for example, locked filing cabinets and restricted access to offices;
   2. organizational measures, for example, security clearances and limiting access on a "need-to-know" basis; and
   3. technological measures, for example, the use of passwords and encryption.
4. Fairchild shall make its employees aware of the importance of maintaining the confidentiality of personal information.
5. Care shall be used in the disposal or destruction of personal information, to prevent unauthorized parties from gaining access to the information (see Clause 5.3).

PRINCIPLE 8

OPENNESS

Fairchild shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

1. Fairchild shall be open about its policies and practices with respect to the management of personal information. Individuals shall be able to acquire information about Fairchild policies and practices without unreasonable effort. This information shall be made available in a form that is generally understandable.
2. The information made available shall include
   1. the name or title, and the address, of the Person Responsible for Privacy;
   2. the means of gaining access to personal information held by Fairchild;
   3. a description of the type of personal information held by Fairchild, including a general account of its use;
   4. a copy of any brochures or other information that explain Fairchild's policies, standards, or codes; and
   5. what personal information is made available to related organizations (e.g., subsidiaries).
3. Fairchild may make information on its policies and practices available in a variety of ways. The method chosen depends on the nature of its business and other considerations. For example, Fairchild may choose to make brochures available in its place of business, mail information to its customers, provide online access, or establish a toll-free telephone number.

PRINCIPLE 9

INDIVIDUAL ACCESS

Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information except where Fairchild is permitted or required by law not to disclose personal information to the individual. An individual shall be able to challenge the accuracy and completeness of the information disclosed to the individual and have it amended as appropriate.

1. Upon request, Fairchild shall inform an individual whether or not Fairchild holds personal information about the individual except where permitted or required by law not to disclose personal information to the individual. Fairchild is encouraged to indicate the source of this information. Fairchild shall allow the individual access to this information. In addition, Fairchild shall provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
2. An individual may be required to provide sufficient information to permit Fairchild to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.
3. In certain situations, Fairchild may not be able to provide access to all the personal information it holds about an individual. Fairchild may refuse access to personal information it holds about an individual only in those circumstances permitted or required by sections 8 or 9 of the Personal Information Protection and Electronic Documents Act. Organizations should consult the Personal Information Protection and Electronic Documents Act to determine whether an exception to the obligation to provide access applies. Exceptions to the access requirement should be limited and specific. The reasons for denying access should be provided to the individual upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
4. In providing an account of third parties to which it has disclosed personal information about an individual, Fairchild should attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, Fairchild shall provide a list of organizations to which it may have disclosed information about the individual.
5. Fairchild shall respond to an individual's request within a reasonable time and in any event within thirty (30) days of the request. Fairchild may extend the time for responding for up to an additional thirty (30) days if meeting the time limit would unreasonably interfere with the activities of Fairchild, or if the time required to undertake any consultations necessary to respond to the request would make the time limit impracticable to meet. Fairchild may also extend the time for responding for such period of time as is necessary to be able to convert the personal information into an alternative format. Fairchild shall provide notice to the individual of any extension taken within thirty days of the individual's request and shall advise the individual of the right to make a complaint to the Privacy Commissioner about the extension. The requested information shall be provided or made available in a form that is generally understandable. For example, if Fairchild uses abbreviations or codes to record information, an explanation shall be provided.
6. Upon request by an individual with sensory disabilities, Fairchild shall give access to personal information about the individual in an alternative format if a version of the information already exists in that format or if its conversion to an alternative format is necessary to allow the individual to exercise rights to request correction, challenge compliance of Fairchild under Principle 10 or complain to the Privacy Commissioner of Canada.
7. Fairchild shall respond to an individual's request for access to his or her personal information at minimal or no cost. Fairchild may respond to an individual's request at a cost to the individual if they have informed the individual of the approximate cost and the individual advises the organization that the request is not being withdrawn.
8. When an individual successfully challenges the accuracy or completeness of personal information, Fairchild shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
9. Fairchild shall record the substance of any challenge that is not resolved to the satisfaction of the individual. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.

PRINCIPLE 10

CHALLENGING COMPLIANCE

An individual shall be able to address a challenge concerning compliance with the above principles to the Person Responsible for Privacy.

1. The Person Responsible for Privacy is discussed in Clause 1.1.
2. Fairchild shall put procedures in place to receive and respond to complaints or inquiries about its policies and practices relating to the handling of personal information. The complaint procedures should be easily accessible and simple to use.
3. Fairchild shall inform individuals who make inquiries or lodge complaints about its complaint procedures.
4. Fairchild shall investigate all complaints. If a complaint is found to be justified, Fairchild shall take appropriate measures, including, if necessary, amending its policies and practices.
5. If an individual is not satisfied with the response from the Person Responsible for Privacy, he or she may have recourse to the Office of the Privacy Commissioner.