THE MOBILE SHOP PRIVACY POLICY

Effective October 1, 2011

Table of contents

1. This Privacy Policy

2. Important terms used in this Privacy Policy

3. Collection of your personal information

4. Use and disclosure of your personal information

5. Identification of purposes

6. Your consent

7. Accessing and updating your personal information

8. How long do we hold personally identifiable information

9. Security Measures

10. Contacting us

11. Updates and amendments to this Privacy Policy

 

1. This Privacy Policy

This Privacy Policy sets out the personal information practices of The Mobile Shop (“us”, “our”, “we”), with respect to the handling of information of our customers (“you”, “your”).  As part of our ongoing commitment to protecting your personal information, we have adopted a privacy code, which is based on the privacy principles set out in the Personal Information Protection and Electronic Documents Act as well as applicable provincial privacy laws.

This Privacy Policy, which may be amended from time to time, describes how The Mobile Shop collects, uses and discloses your personal information, as well as your right to access your personal information and how to notify us if you wish to opt out of, or withdraw your consent to, certain collection, use, sharing or disclosure of your personal information for which you previously provided your consent.

Some providers of our products, services and programs are unaffiliated. For the purpose of providing you with certain products, services and programs your personal information may be collected, used and disclosed by us and by the applicable Carrier, in which case this collection, use and disclosure is also governed by the privacy policy of the Carrier.  For example, if you apply for PC mobile service, you are providing your personal information to us and to the Carrier selected by us to provide the PC mobile service to you, and this information is subject to this Privacy Policy and to the privacy policy of the Carrier for your PC mobile service.

We do not guarantee the privacy of any communications while you are using your mobile equipment or using the network services.

To understand the meaning of “personal information” and other terms used throughout this Privacy Policy, please refer to the “Important terms used in this Privacy Policy” section below

Application of this Privacy Policy

This Privacy Policy applies to The Mobile Shop and to any product, service or program offered by us.  This Privacy Policy addresses how we collect, use, disclose and safeguard personal information obtained through your dealings with The Mobile Shop. This Privacy Policy is in addition to the terms and conditions of any product, service or program that you have applied for or purchased through The Mobile Shop.  Furthermore, this Privacy Policy is in addition to the privacy policy of any Carrier from whom you may apply for or obtain any product, service or program through The Mobile Shop.

Our commitment to you

Respecting your privacy and protecting your personal information is an important part of how we do business. The Mobile Shop has implemented security systems, protocols and processes designed to protect your personal information using standards appropriate for the sensitivity of the information.

Regardless of how The Mobile Shop suite of products and services may expand, or how the technology we use may change, we will remain committed to protecting the privacy of your personal information. This Privacy Policy is part of our commitment to protect your personal information in accordance with applicable laws.

2. Important terms used in this Privacy Policy

In this Privacy Policy: “

Personal information” means any information about an identifiable individual, other than certain business contact information or certain publicly available information such as contact information in a telephone directory. Personal information can include such information as your name, mailing address, date of birth, Social Insurance Number, and financial information, as well as your opinions, preferences, and purchases or other transaction details and patterns.

 “Us”, “our” or “we” means The Mobile Shop.

“You” and “Your” means customers and potential customers of The Mobile Shop. 

Other definitions

“Carrier” means the unaffiliated provider of products and services offered through The Mobile Shop, currently one of Bell, Virgin Mobile, Fido, Telus, Rogers, Koodo, PC mobile or MTS, collectively ‘Carriers’. The current list of Carriers is subject to change from time to time.

“Loblaw group” means Loblaw Companies Limited, Loblaws Inc., President’s Choice Bank, President’s Choice Services Inc., PC Financial Insurance Agency Inc., PC Financial Insurance Broker Inc. and certain other affiliates of Loblaw Companies Limited operating in Canada.

Permitted or required by law” and “legal and regulatory” requirements, authority or restrictions includes laws, regulations, rules or requests of the regulators or self-regulatory organizations which may apply to any of us (for example, payment card industry data security standards).

Postpaid Account” means your account for your Postpaid Service.

Postpaid Service” means services provisioned by you when network services are billed to you in accordance with your service agreement and/or monthly network usage.

“Service Provider” means the Carrier that is providing the service.

“Third Party Service Provider” means a third party that we have contracted to  provide services for us such as processing or analysis of personal information, or providing call centre, marketing, data hosting, contest administration, email deployment, sales or other services. 

 “Unaffiliated Entity” means any entity or organization other than a member of the Loblaw group or a Third Party Service Provider.

3. Collection of your personal information

In the course of our relationship with you, we will collect personal information about you, including personal information that you provide directly to us, information relating to transactions arising from your relationship with or through us (depending on the product, service, or program), and information we may collect as a result of our monitoring and recording of communications with us, such as telephone calls. In addition, we may collect personal information about you from third parties, either with your consent or as permitted or required by law. We will only collect information that we believe is necessary for the purposes that we have identified to you.

We recognize that some personal information is highly sensitive, and we handle your personal information (including obtaining an appropriate form of consent to our collection, use and disclosure, and taking measures to protect your information) in a manner that is appropriate in light of the sensitivity of the information. Other than in connection with PC mobile service, we do not collect information about your calling activity or other ongoing use of your device or service. 

A note about contests

For any contest conducted, sponsored or authorized by us, your personal information will be collected, used and disclosed as follows:

  1. For contests in which entry is automatic, for example, when you purchase a product or agree to or use a service that earns an automatic entry into a contest, your personal information will also be collected and used for the purposes of administering the contest.
  2. For contests in which you choose to enter by supplying your personal information, the personal information you supply when entering the contest will be used as provided in the terms of the contest.
  3. In some cases, you may also be given the opportunity to request or agree to receive information from us or others at the time you enter the contest, in which case your personal information may also be used by us or disclosed to the others identified to you in order to supply you with the information you have requested or agreed to receive.

For contests sponsored and administered by a Carrier or another Unaffiliated Entity (whether or not jointly sponsored or authorized by us), your personal information will be collected, used and disclosed in accordance with the information provided to you about the contest. 

Websites

When you visit our websites, you do not have to provide us with any personal information. However, certain non-identifying information may be collected automatically. We do not consider this information to be personal information. For example, our web server may collect the internet protocol (“IP”) address and the name of the Internet Service Provider (“ISP”) associated with the computer from which you accessed the website, the type and version of web browser and operating system that you are using, and the address of the website that you visited prior to our website. If your web browser is configured to accept cookies, either temporary cookies (which remain on your system until you exit your current browser window) or permanent cookies (which remain on your system until you manually disable or delete the cookie using your browser software) may be placed on your computer. A “cookie” is a small piece of information that our web server automatically sends to your browser for storage on your computer, which then permits our web server to recall information about your settings (such as the settings of your web browser and language preference) as a part of the anonymous information. Please note that portions of our website will not function if you do not accept cookies.

For your convenience, our websites may contain links to other websites operated by third parties. Any such websites are wholly independent from our websites and we have no control over those websites and their operators, including their privacy policies and practices. Before providing any of your personal information on any such other website, you should review their policies on privacy and security.

4. Use and disclosure of your personal information

Your personal information will be shared among Loblaw group members and may be used by any of them for the purposes identified in this Privacy Policy unless such sharing or use is prohibited by law or unless you withdraw your consent to such sharing or use of your personal information for any purposes described below under the heading “Purposes for which you can opt-out”. 

With regard to PC mobile products, services and programs, certain of your personal information will be disclosed and used within the Loblaw group for the purposes described under “Managing our business” in the “Identification of purposes” section below. 

We may use your personal information to contact you by any means for which you have provided contact information, including contacting you from time to time via email or on your cell phone (either by calling you or by sending a text message) if you have provided us with such contact information.  We may use your personal information to contact you for any of the purposes described in this Privacy Policy, unless you have withdrawn or limited your consent for any purposes described below under the heading “Purposes for which you can opt-out”, in which case we will not contact you for the purposes for which you have opted-out.

We do not sell or rent your personal information to anyone.

Carriers and Third Party Service Providers

In order to provide you with PC mobile products, services and programs, The Mobile Shop and Loblaw group members may enter into agreements with Carriers and Third Party Service Providers. Some of these Carriers and Third Party Service Providers will need to use your personal information in order to provide such services on our behalf. We select Carriers and Third Party Service Providers carefully and require that they have privacy and security standards that meet our strict requirements. When we disclose personal information to a Carrier or Third Party Service Provider, we only provide as much personal information as is required to fulfill the purpose for which the information is being disclosed.

When you select a PC mobile or other branded product, service or program through The Mobile Shop, you are entering into an agreement with us and with the applicable Carrier.  The Carrier will be given your personal information, including your credit card information where applicable, in order to provide you with that product, service or program.  In applying for, purchasing or agreeing to that product, service, or program, you will automatically be subject to the Privacy Policy of that Carrier.

Data on Returned/Recycled Product

When returning products to us which may contain stored or recorded personal information, such as mobile phones, you are responsible for deleting or removing all personal information and media from the product before you return it.  The Mobile Shop and Loblaw group are not responsible for any use by anyone of personal information left on a returned item.

Information may be located outside of Canada

The Mobile Shop, the Loblaw group, Carriers, Third Party Service Providers or others we provide information to under this Privacy Policy (such as credit bureaus) may perform activities outside the province or territory in which the information was collected.  As a result, your personal information may be used, stored or accessed in other countries and may be subject to the laws of those countries.  For example, personal information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement agencies in these countries.

Postpaid accounts and other products, services and programs

In order to provide you with certain products, services, and programs, including Postpaid Services, you must consent to the collection, use and, in some cases, disclosure and confirmation of the information you provided on your application.  This information may be used by us and/or the applicable Carrier in obtaining credit reports and/or other credit history information about you from time to time.  The information will also be used, where applicable, to assess and update your credit worthiness on an ongoing basis, including the initial authorization or decline of a Postpaid Account. Furthermore, in order to maintain the integrity of the credit reporting system, we must be able to update your credit information from time to time with the entities that support that system, such as credit reporting agencies. Your consent for these uses cannot be withdrawn during the time that you maintain, hold, or use certain products, services, or programs, including a Postpaid Account, with us or by any Carrier.  You consent must continue with us for a period of time after disposing of, or closing of, any product, service, or program, including a Postpaid Account service offered by us or our Carriers.

Loyalty programs

You may be eligible to participate in loyalty programs offered by us, other members of the Loblaw group or a Carrier, in which case the terms of that loyalty program and the privacy policy of the provider of the loyalty program will also apply to you. In order to facilitate the awarding of points in a loyalty program offered by us or a Loblaw group member, the Carrier may disclose to us certain information regarding your payments or other transactions with them. 

5. Identification of purposes

We may collect, use and disclose your personal information for the following general purposes which involve, among other things, the activities described for each:

Providing you with products, services and programs

  • to process your application for a product, service, or program; to verify your eligibility for certain products, services or programs; and to provide you with and administer the products, services, and programs that you have requested
  • to assess and update your credit worthiness on an ongoing basis
  • to recommend particular products, services and programs to meet your needs
  • to process your application for any product, service, or program you have requested that is offered by any Loblaw group member, including but not limited to in store applications and approvals for a PC Financial MasterCard account.

Understanding our customers

  • to conduct marketing analysis, analyze purchases and other transactions (including the number and amount of transactions, location/store of purchase, product code information, brand, etc.), and the methods used to apply for or to access or use the products, services and programs.
  • to conduct research and statistical analysis (we anonymize information used for such purposes to the extent possible)

Communicating with you

  • to respond to your inquiries about your products, services and programs, any mobile plans, or any other business that you may have with us
  • to provide you with information about the products, services and programs you currently have or use

Managing our business

  • to verify your identity and to protect all parties from errors and fraud
  • to manage business risks and to ensure that we have up-to-date information about you, including your current address, telephone number, etc.
  • for testing, such as when updating systems or adding new vendor relationships (we anonymize information used for such purposes to the extent possible)
  • to administer promotions, contests or other special offers you have agreed to receive or participate in
  • for data processing, website administration or information technology support
  • to comply with legal and regulatory requirements and as otherwise required by law, including applicable foreign law
  • for any other purposes set out in this Privacy Policy or disclosed to you at the time your personal information is collected, other than those for which you have opted out.

Purposes for which you can opt out:

  • to provide you with information about other products, services, programs or events offered by us and other members of the Loblaw group or select Unaffiliated Entities (including special offers, contests and promotions) that we believe may be of interest to you
  • to invite you to comment on the products, services and programs that you use or that are available to you

We will not collect, use or disclose your personal information for purposes that are not identified in this Privacy Policy or otherwise identified to you, such as in the terms and conditions of the product, service or programs that you have applied for or purchased, unless we obtain your consent to do so or as otherwise permitted or required by law.

Email a friend

From time to time we or other members of the Loblaw group may invite you to share with your friends and family members, via email or other electronic messaging, information from us about products, services or programs which may be of interest to them. You represent and warrant that you will share our communications only with those individuals with whom you have a personal or family relationship and who you believe will be interested in the information, and that in doing so you will otherwise comply with the terms of our invitation or offer.

Use of video surveillance

We may use video surveillance in-store and in other locations for the safety of our customers and employees, and to protect against theft, vandalism, damage to property and fraud. Video recorded images are destroyed when they are no longer required for business or legal purposes. Any personal information collected is protected as provided in this Privacy Policy.

Sale or transfer of business or other transaction

From time to time, a Loblaw group member may decide to sell or transfer all or part of a business to a related company or to an unaffiliated third party, to merge with another entity, to insure or securitize its assets, or to engage in another form of corporate transaction.  In connection with such activities, your personal information may be disclosed to the other party or parties involved in the transaction or to its affiliates or advisors, both as part of due diligence and on completion of the transaction. 

6. Your consent

Your consent is fundamental to protecting the privacy of your personal information.  We will not collect, use or disclose your personal information without your knowledge and consent except in certain limited circumstances as described below. 

Consent can be express or implied, depending on the circumstances. For example, by applying (even if your application is declined) for any product, service or program, or by accepting and/or using such product, service, or program you are providing your implied consent to the collection, use and disclosure of your personal information relating to such product, service or program in accordance with the terms of this Privacy Policy.

Your consent is also implied when we provide you with reasonable notice of the purposes for which we intend to collect, use or disclose your personal information, for example by making this Privacy Policy available to you, and providing you with a reasonable opportunity to refuse or withdraw consent to the proposed collection, use or disclosure, and you do not, within a reasonable time, respond to our notice and this opportunity to refuse or withdraw consent (known as an “opt-out”).  Our policy with respect to how you may refuse or withdraw your consent, or opt-out, of the collection, use or disclosure of your personal information, is further described below.

Exceptions to the need to obtain consent

We may be compelled to release your information by a court or other legal or regulatory authority. If so, our policy is to release your information only to the extent that we are required to do so. We may also collect, use or disclose your information without your consent where permitted by law. Further, for legal, medical or security reasons, it may be impossible or impractical for us to obtain your consent.

In certain circumstances, we may have to collect, use or disclose information without your consent for our protection, for example, when collecting on an overdue Postpaid Account or to detect or prevent fraud.

Your right to refuse or withdraw consent (“"opt-out”")

You may, with reasonable notice, withdraw or limit your consent to the collection, use or disclosure of your personal information, subject to any legal or contractual restrictions.  In some cases certain consents are mandatory and cannot be withdrawn.  This includes consents on matters that are necessary to the management of our businesses.

 
You may, with reasonable notice, withdraw or limit your consent to the collection, use or disclosure of your personal information by us for any of the purposes described above under the heading “Purposes for which you can opt-out”.  To withdraw your consent for these optional purposes please visit any The Mobile Shop location and speak with a sales representative, or follow the instructions provided with marketing communications such as email from us.  Your opt out instructions may be shared among and acted on by all members of the Loblaw group who have collected your information through your dealings with The Mobile Shop, unless you tell us otherwise or you have a separate relationship with the applicable Loblaw group member, for example if you have agreed to receive email or other communications from a Loblaw group member other than The Mobile Shop. It may take some time for all of our records to reflect your choices as certain records can only be changed during regular file updates. If you request that you not receive personalized direct marketing communications from us, please note that your choice may not be captured for a promotion already in progress.  Your opt out choices will not limit the information provided to you through discussions with any of our representatives, information that is not personalized, or information we may send you that is permitted or required by law or related to your existing products, services or programs.

Please note that if you choose not to provide us with certain personal information, or to permit us to make certain uses or disclosures of your personal information, this may limit our ability to serve you, and may prevent us from providing certain products, services, programs or promotional offers to you.  If accommodating your request would limit or prevent us from providing you with a product, service or program that you have requested, where possible, we will explain the implications of your request to you in order to help you make an informed decision.

7. Accessing and updating your personal information

You can access and verify the personal information we hold about you writing to the address listed below under “Contacting us”. Please note that you will need to verify your identity before we can allow you access to any information or disclose any information to you. If there will be any charges for us to retrieve and provide you with specific information that you have requested, we will advise you of the charges and obtain your authorization before proceeding. If we are unable to provide you with access to your personal information, we will provide reasons for our inability to do so, unless we are prohibited from doing so by law. 

We will also, on your written request, update and/or correct your personal information if we determine it is required, and if applicable, we will share the updated information, such as your mailing address, with other members of the Loblaw group

8. How long do we hold personally identifiable information?

Personal information is retained only for so long as necessary for the purposes set out above.  When no longer required, we will destroy, erase or de-personalize the personal information.  Legal requirements may necessitate our retaining some or all of the personally identifiable information we hold for a period of time that is longer than we might otherwise hold it.  However, The Mobile Shop will restrict access to such information to prevent it from being used except for the fulfillment of these legal requirements.

9. Security Measures

We will continue to keep in place security measures in an effort to protect personally identifiable information held by us from unauthorized use, access, disclosure, distributrion, loss or alteration.  We employ physical, administrative. contractual and technological safeguarde to protect personally identifiable information, and insist that our service providers do the same.  Access to personally identifiable information will be restricted to authorized personnel who require the information in order to perform their duties properly.  In addition, access will be limited to only that information that is strictly necessary for eh performance of those duties.

10. Contacting us

If you have any questions about our policies and practices relating to the management of  your personal information that have not been answered in this Privacy Policy, please let us know so that we may provide further information.  Also, you may contact us as follows to request access to or correction of your personal information or with any concerns that you have regarding our collection, use and disclosure of your personal information:

For The Mobile Shop or PC mobile products, services or programs:

By mail:              Privacy Officer
                           25 York Street
                           P.O. Box 201
                           7th Floor
                           Toronto, Ontario
                           M5J 2V5

By email:            talktous@mobileadvisors.ca

To resolve concerns, you may be asked to follow certain identity verification and/or complaint escalation steps.

If you are not satisfied with our response to a complaint regarding our compliance with this Privacy Policy or regarding any of our policies and practices with respect to the handling of personal information, you may contact the provincial privacy commissioner of the province where the personal information was collected or is stored. More information, including contact information for the provincial privacy commissioners, can be obtained at the federal privacy commissioner’s website, www.privcom.gc.ca.

11. Updates and amendments to this privacy policy

We may change this Privacy Policy from time to time.  The most current version of this Privacy Policy is available at The Mobile Shop. Please visit any The Mobile Shop location and speak with a sales representative for details. To know when this Privacy Policy was last updated, please refer to the “Effective” date.