At Mertin Nissan Ltd (“Mertin Nissan”), we are committed to providing our customers with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our customers, protecting their personal information is one of our highest priorities.
While we have always respected our customers’ privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
We will inform our customers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting customers’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers’ personal information and allowing our customers to request access to, and correction of, their personal information.
Scope of this Policy
This Personal Information Protection Policy applies to Mertin Nissan and affiliates. This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Mertin Nissan.
Customer – means an individual who may purchase/lease or has purchased/leased products or services originally supplied by Mertin Nissan.
Personal Information – means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Privacy Officer – means the individual designated responsibility for ensuring that Mertin Nissan complies with this policy and PIPA.
Policy 1 – Collecting Personal Information
1.1 Unless the purposes for collecting personal information are obvious and the customer voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect customer information that is necessary to fulfill the following purposes:
- To verify identity;
- To maintain our records to provide you with service communications;
- To advise you of any products recalls or customer notifications with respect to your vehicle;
- To provide you with marketing, product information and service offers that may be of interest to you;
- To provide you with services you request and to respond to your comments or requests for information;
- To manage the customers’ relationship with Nissan Canada;
- To ensure a high standard of service to our customers;
- To meet other legitimate business interests;
- To meet regulatory requirements;
Policy 2 – Consent
2.1 We will obtain customer consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided, either orally, in writing, electronically, through an authorized representative such as Nissan Canada, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the customer voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a customer is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs and the customer does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), customers can withhold or withdraw their consent for Mertin Nissan to use their personal information in certain ways. A customer’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the customer in making the decision.
2.5 We may collect, use or disclose personal information without the customer’s knowledge or consent in the following limited circumstances:
- When the collection, use or disclosure of personal information is permitted or required by law;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the personal information is available from a public source (e.g., a telephone directory);
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt;
- To protect ourselves from fraud;
- To investigate an anticipated breach of an agreement or a contravention of law
Policy 3 – Using and Disclosing Personal Information
3.1 We will only use or disclose customer personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
- To conduct customer surveys in order to enhance the provision of our services;
- To contact our customers directly about products and services that may be of interest;
3.2 We will not use or disclose customer personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell customer lists or personal information to other parties.
Policy 4 – Retaining Personal Information
4.1 If we use customer personal information to make a decision that directly affects the customer we will retain that personal information for at least one year so that the customer has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain customer personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
4.3 Personal Information held by Mertin Nissan may be stored or hosted on computer servers in the United States. Therefore customer personal information may be processed and stored in the United States. As a result, the governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of customers’ personal information through laws applicable in the United States.
Policy 5 – Ensuring Accuracy of Personal Information
5.1 We will make reasonable efforts to ensure that customer personal information is accurate and complete where it may be used to make a decision about the customer or disclosed to another organization.
5.2 Customers may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought. A request to correct personal information should be forwarded to the Privacy Officer.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the customers’ correction request in the file.
Policy 6 – Securing Personal Information
6.1 We are committed to ensuring the security of customer personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that customer personal information is appropriately protected, such as restricting access to customer personal information to Mertin Nissan’s employees who require it for the purposes identified in this policy. Mertin Nissan has a policy under which employees’ misuse of Personal Information is treated as a serious offence for which disciplinary action may be taken.
6.3 We will use appropriate security measures when destroying customer’s personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 – Providing Customers Access to Personal Information
7.1 Customers have a right to access their personal information, subject to limited exceptions such as
- Personal Information that is protected by Solicitor-client privilege;
- Personal Information that would reveal confidential commercial information that could harm the competitive position of Mertin Nissan;
- Personal Information that was collected for an investigation or proceedings that has not concluded (including appeals);
- Personal Information that would reveal personal information about another individual.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. A request to access personal information should be forwarded to the Privacy Officer.
7.3 Upon request, we will also tell customers how we use their personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the customer of the cost and request further direction from the customer on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the customer in writing, providing the reasons for refusal and the recourse available to the customer.
Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 The Privacy Officer is responsible for ensuring Mertin Nissan’s compliance with this policy and the Personal Information Protection Act.
8.2 Customers should direct any complaints, concerns or questions regarding Mertin Nissan’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the customer may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for Mertin Nissan’s Privacy Officer:
Mertin Nissan Ltd.
Attn: Privacy Officer