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The Marketing Research and Intelligence Association
Privacy Code
Table of Contents
Introduction
At the MRIA, respecting privacy has always been important to us and is
why we have developed The MRIA Privacy Code. The MRIA Privacy Code is a
statement of principles and guidelines regarding our management of personal
information. The objective of The MRIA Privacy Code is to promote responsible
and transparent personal information management practices in a manner consistent
with the provisions of applicable privacy laws such as the Personal Information
Protection and Electronic Documents Act (Canada). The MRIA will continue
to review The MRIA Privacy Code to make sure that it remains current with
changing industry standards, technologies and laws.
Summary of Principles
Principle 1 - Accountability
The MRIA is responsible for personal information under its control and will
designate one or more persons who are accountable for the MRIA's compliance
with the following principles.
Principle 2 - Identifying Purposes for Collection of Personal Information
The MRIA will identify the purposes for which personal information is
collected at or before the time the information is collected.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure
of Personal Information
The knowledge and consent of an individual are required for the collection,
use or disclosure of personal information, except where exempted by applicable
law.
Principle 4 - Limiting Collection of Personal Information
The MRIA will limit the collection of personal information to that which
is necessary for the purposes identified by the MRIA. The MRIA will collect
personal information by fair and lawful means.
Principle 5 - Limiting Use, Disclosure, and Retention of Personal
Information
The MRIA will not use or disclose personal information for purposes
other than those for which it was collected, except with the consent of
the individual or as required or permitted by law.
Principle 6 - Accuracy of Personal Information
Personal information will be as accurate, complete, and up-to-date as
is necessary for the purposes for which it is to be used.
Principle 7 - Security Safeguards
The MRIA will protect personal information by security safeguards appropriate
to the sensitivity of the information.
Principle 8 - Openness Concerning Policies and Procedures
The MRIA will make readily available to individuals specific information
about its policies and procedures relating to the management of personal
information.
Principle 9 - Access to Personal Information
The MRIA will inform an individual of the existence, use, and disclosure
of his or her personal information upon request and will provide the individual
access to that information. An individual will be able to challenge the
accuracy and completeness of the information and have it amended as appropriate.
Principle 10 - Challenging Compliance
An individual will be able to address a challenge concerning compliance
with the above principles to the designated person or persons accountable
for the MRIA's compliance with The MRIA Privacy Code.
Scope and Application
The ten principles that form the basis of The MRIA Privacy Code are
interrelated and the MRIA will adhere to the ten principles as a whole.
Each principle should be read in conjunction with the accompanying commentary.
As permitted by applicable privacy laws such as the Personal Information
Protection and Electronic Documents Act (Canada), the commentary in
The MRIA Privacy Code has been drafted to reflect personal information issues
specific to the MRIA.
The scope and application of The MRIA Privacy Code are as follows:
- The MRIA Privacy Code applies to personal information collected, used,
or disclosed by the MRIA.
- The MRIA Privacy Code applies to the management of personal information
in any form whether oral, electronic or written.
- The MRIA Privacy Code does not impose any limits on the collection,
use or disclosure of the following information by the MRIA:
(a) as per applicable privacy laws, certain business contact information
such as an individual's name, title, business address or telephone number;
(b) other information about an individual that is publicly available and
is specified by regulation pursuant to applicable law; or
(c) as otherwise exempted by The MRIA Privacy Code and/or applicable law.
- The MRIA Privacy Code will not typically apply to information regarding
organizations that deal with the MRIA. However, such information may be
protected by other MRIA policies and procedures or through contractual
arrangements.
- The application of The MRIA Privacy Code is subject to the requirements
and provisions of the Personal Information Protection and Electronic
Documents Act (Canada), the regulations enacted thereunder, and other
applicable legislation or regulation.
Definitions
MRIA: The Marketing Research and Intelligence Association and
its chapters.
collection: The act of gathering, acquiring, recording, or obtaining
personal information from any source, including third parties, by any means.
consent: Voluntary agreement for the collection, use and disclosure
of personal information for defined purposes. Consent can be either express
or implied and can be provided directly by the individual or by an authorized
representative. Express consent can be given orally, electronically or in
writing, but is always unequivocal and does not require any inference on
the part of the MRIA. Implied consent is consent that can reasonably be
inferred from an individual's action or inaction.
disclosure: Making personal information available to a third party
that is not an agent of the MRIA.
employee: An employee of or an independent contractor to the MRIA.
individual: An employee, volunteer, member or non-member.
member: A natural person who is a member of the MRIA.
non-member: A natural person who is not a member of the MRIA who
purchases or otherwise acquires or uses any of the MRIA's products or services
or otherwise provides personal information to the MRIA in the course of
the MRIA's commercial activities.
personal information: Information about an identifiable individual,
but does not include the name, title, business address or telephone number
of an employee of an organization.
third party: An individual or organization outside of the MRIA.
use: The treatment, handling, and management of personal information
by and within the MRIA or by a third party with the knowledge and approval
of the MRIA.
volunteer: A natural person who volunteers for the MRIA.
The MRIA Privacy Code in Detail
Principle 1 - Accountability
The MRIA is responsible for personal information under its control
and will designate one or more persons who are accountable for the MRIA's
compliance with the following principles.
1.1 Responsibility for compliance with the provisions of The MRIA Privacy
Code rests with the MRIA Privacy Officer who can be reached at (905) 602-6854
or via info@mria-arim.ca.
Other individuals within the MRIA may be delegated to act on behalf of The
MRIA Privacy Officer or to take responsibility for the day-to-day collection
and/or processing of personal information.
1.2 The MRIA will make known, upon request, the title of the person or
persons designated to oversee the MRIA's compliance with The MRIA Privacy
Code.
1.3 The MRIA is responsible for personal information in its possession
or control. The MRIA will use contractual or other means to provide a comparable
level of protection while information is being processed or used by a third
party.
1.4 The MRIA implements policies and procedures to give effect to The
MRIA Privacy Code, including:
(a) implementing procedures to protect personal information and to oversee
the MRIA's compliance with The MRIA Privacy Code;
(b) implementing procedures to receive and respond to complaints or
inquiries;
(c) training employees and volunteers, as appropriate, to understand
and follow The MRIA Privacy Code;
(d) developing information materials to explain The MRIA Privacy Code;
and
(e) reviewing on an annual basis the effectiveness of the polices and
procedures to facilitate compliance with The MRIA Privacy Code and consideration
of any revisions as deemed appropriate.
Principle 2 - Identifying Purposes for Collection of Personal Information
The MRIA will identify the purposes for which personal information
is collected at or before the time the information is collected.
2.1 The MRIA collects personal information only for the following purposes:
(a) to identify individuals;
(b) to establish, maintain, communicate and renew membership in the
MRIA;
(c) to advertise, develop, enhance and provide member services and products;
(d) to measure and improve the effectiveness of the MRIA's services,
products and marketing endeavours;
(e) to manage and develop the MRIA's operations, including personnel
and employment matters;
(f) to manage the MRIA Qualitative Central member service;
(g) to protect the MRIA against error and fraud; and
(h) to meet legal and regulatory requirements.
Further reference to "identified purposes" mean the purposes
identified in this Principle.
2.2 Upon request, persons collecting personal information will explain
these identified purposes or refer the individual to a designated person
within the MRIA who can explain the purposes.
2.3 When personal information that has been collected is to be used or
disclosed for a purpose not previously identified, the new purpose will
be identified prior to use. Unless otherwise permitted or required by law,
the consent of the individual will be acquired before the information will
be used or disclosed for the new purpose.
2.4 The MRIA will document the purposes for which personal information
is collected prior to the information being collected.
2.5 The MRIA will make reasonable efforts to ensure that individuals
are aware of the purposes for which personal information is collected, including
any disclosures to third parties.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure
of Personal Information
The knowledge and consent of an individual are required for the collection,
use or disclosure of personal information, except where exempted by applicable
law. In certain circumstances personal information can be collected, used
or disclosed without the knowledge and consent of the individual.
3.1 In obtaining consent, the MRIA will use reasonable efforts to ensure
that, where non-obvious, an individual is advised of the purposes for which
personal information will be used or disclosed. The identified purposes
will be stated in a manner that can be reasonably understood by the individual.
3.2 Generally, the MRIA will seek consent to use and disclose personal
information at the same time it collects the information. However, the MRIA
may seek consent to use and/or disclose personal information after it has
been collected, but before it is used and/or disclosed for a new purpose.
3.3 The MRIA may require individuals to consent to the collection, use
and/or disclosure of personal information as a condition of the supply of
a product or service only if such collection, use and/or disclosure are
required to fulfill the explicitly specified and legitimate identified purposes.
3.4 In determining the appropriate form of consent, the MRIA will take
into account the sensitivity of the personal information and the reasonable
expectations of the individual.
3.5 The purchase or use of products and/or MRIA services by a member
or non-member, or the acceptance of employment or benefits by an employee,
may constitute implied consent for the MRIA to collect, use and disclose
personal information for the identified purposes, including communicating
with the individual.
3.6 An individual may withdraw consent at any time, subject to legal
or contractual restrictions, provided that reasonable notice of withdrawal
of consent is provided to the MRIA and the withdrawal of consent is in writing
and includes understanding by the individual that withdrawal of consent
could mean that the MRIA cannot provide the individual with a related product
or service. Individuals may contact the MRIA for more information regarding
the implications of withdrawing consent.
3.7 The MRIA may collect, use or disclose personal information without
knowledge or consent if it is clearly in the interests of the individual
and consent cannot be obtained in a timely way, such as when the individual
is seriously ill or mentally incapacitated.
3.8 The MRIA may collect, use or disclose personal information without
knowledge or consent if seeking the consent of the individual might defeat
the purpose of collecting, using or disclosing the information, such as
in the investigation of a breach of an agreement or a contravention of a
law.
3.9 The MRIA may collect, use or disclose personal information without
knowledge or consent in the case of an emergency where the life, health
or security of an individual is threatened.
3.10 The MRIA may use or disclose personal information without knowledge
or consent to a lawyer representing the MRIA, to collect a debt, to comply
with a subpoena, warrant or other court order, or as may be otherwise required
or authorized by law.
Principle 4 - Limiting Collection of Personal Information
The MRIA will limit the collection of personal information to that
which is necessary for the purposes identified by the MRIA. The MRIA will
collect personal information by fair and lawful means.
4.1 The MRIA typically collects personal information directly from members,
non-members, volunteers and employees.
4.2 The MRIA 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.
Principle 5 - Limiting Use, Disclosure, and Retention of Personal
Information
The MRIA will not use or disclose personal information for purposes
other than those for which it was collected, except with the consent of
the individual or as required or permitted by law. The MRIA will retain
personal information only as long as necessary for the fulfillment of those
purposes.
5.1 The MRIA may disclose an individual's personal information to:
(a) a member who has the authority to access such personal information
from the MRIA Qualitative Central member service;
(b) a new association, in the event that the MRIA should merge to form
a new association;
(c) a third party who in the reasonable judgment of the MRIA is seeking
the information as an agent of the individual;
(d) a third party involved in supplying the individual with MRIA products
or services;
(e) a third party engaged by the MRIA to perform functions on its behalf;
(f) a third party engaged by the MRIA for the development, enhancement,
marketing or provision of any of the MRIA's products or services;
(g) a third party engaged by the MRIA to collect the member's or non-member's
account;
(h) a credit reporting agency;
(i) a public authority or agent of a public authority if, in the reasonable
judgment of the MRIA, it appears that there is imminent danger to life
or property which could be avoided or minimized by disclosure of the information;
or
(j) a third party or parties, where the individual consents to such
disclosure or disclosure is required or permitted by law.
5.2 In addition to the purposes identified in 5.1 of The MRIA Privacy
Code, the MRIA may disclose personal information about an individual who
is an employee:
(a) for normal personnel and benefits administration, such as the initiation,
management or termination of the employment relationship; or
(b) in the context of providing references regarding current or former
employees in response to requests from prospective employers.
5.3 Only the MRIA's employees or volunteers with a business need-to-know,
or whose duties reasonably so require, are granted access to personal information
about members and employees.
5.4 The MRIA will keep personal information only as long as it remains
necessary or relevant for the identified purposes or as required by law.
Depending on the circumstances, where personal information has been used
to make a decision about an individual, the MRIA will retain, for a period
of time that is reasonably sufficient to allow for access by the individual,
either the actual information or the rationale for making the decision.
5.5 The MRIA will maintain reasonable and systematic controls, schedules
and practices for information and records retention and destruction that
applies to personal information that is no longer necessary or relevant
for the identified purposes or required by law to be retained. Such information
will be destroyed, erased or made anonymous.
Principle 6 - Accuracy of Personal Information
Personal information will be as accurate, complete, and up-to-date
as is necessary for the purposes for which it is to be used.
6.1 Personal information used by the MRIA will be sufficiently accurate,
complete, and up-to date to minimize the possibility that inappropriate
information may be used to make a decision about an individual.
6.2 The MRIA will update personal information about individuals as necessary
to fulfill the identified purposes or upon notification by the individual.
Principle 7 - Security Safeguards
The MRIA will protect personal information by security safeguards
appropriate to the sensitivity of the information.
7.1 The MRIA will protect personal information against such risks as
loss or theft, unauthorized access, disclosure, copying, use, modification
or destruction, through appropriate security measures, regardless of the
format in which it is held.
7.2 The MRIA will protect personal information disclosed to third parties
by contractual or other means to safeguard the confidentiality of the information
and the purposes for which it is to be used.
7.3 All of the MRIA's employees and volunteers with access to personal
information will be contractually required to respect the confidentiality
of that information.
7.4 The nature of the safeguards will vary depending on the sensitivity,
amount, distribution and format of the information, and the method of storage.
More sensitive information will be safeguarded by a higher level of protection.
7.5 The methods of protection will include:
(a) physical measures, for example, locked filing cabinets and restricted
access to offices;
(b) organizational measures, for example, controlling entry to data
centers and limiting access to information on a "need-to-know"
basis;
(c) technological measures, for example, the use of passwords and encryption;
and
(d) investigative measures, in cases where the MRIA has reasonable grounds
to believe that personal information is being inappropriately collected,
used or disclosed.
Principle 8 - Openness Concerning Policies and Procedures
The MRIA will make readily available to individuals specific information
about its policies and procedures relating to the management of personal
information.
8.1 The MRIA will make information about its policies and procedures
easy to understand, including:
(a) the title and address of the person or persons accountable for the
MRIA's compliance with The MRIA Privacy Code and to whom inquiries and/or
complaints can be forwarded;
(b) the means of gaining access to personal information held by the
MRIA;
(c) a description of the type of personal information held by the MRIA,
including a general account of its use; and
(d) a description of what personal information is made available to
third parties.
Principle 9 - Access to Personal Information
The MRIA will inform an individual of the existence, use, and disclosure
of his or her personal information upon request and will provide the individual
access to that information except where inappropriate. An individual will
be able to challenge the accurateness and completeness of the information
and have it amended as appropriate.
9.1 Upon request, the MRIA will afford individuals a reasonable opportunity
to review personal information in the custody of the MRIA. Personal information
will be provided in understandable form within a reasonable time, and at
minimal or no cost to the individual.
9.2 In certain situations, the MRIA may not be able to provide access
to all the personal information that it holds about an individual. For example,
the MRIA may not provide access to information if doing so would likely
reveal personal information about a third party, such as another individual,
or could reasonably be expected to threaten the life or security of another
individual. Also, the MRIA may not provide access to information if disclosure
would reveal confidential commercial information, if the information is
protected by solicitor - client privilege, if the information was generated
in the course of a formal dispute resolution process, or if the information
was collected in relation to the investigation of a breach of an agreement
or a contravention of the laws of Canada or a province.
9.3 Upon request, the MRIA will provide an account of the use and disclosure
of personal information and, where reasonably possible, will state the source
of the information. In providing an account of disclosure, the MRIA will
provide a list of third parties to which it may have disclosed personal
information about the individual when it is not possible to provide an actual
list.
9.4 In order to safeguard personal information, an individual will be
required to provide sufficient identification information to permit the
MRIA to account for the existence, use and disclosure of personal information
and to authorize such access. Any such information will be used only for
this purpose.
9.5 The MRIA will promptly correct or complete any personal information
found to be inaccurate or incomplete. Any unresolved differences as to accuracy
or completeness will be noted by the MRIA. Where appropriate, the MRIA will
transmit to third parties having access to the personal information in question
any amended information or the existence of any unresolved differences.
9.6 Individuals can obtain information or seek access to their personal
information by contacting the MRIA Privacy Officer.
Principle 10 - Challenging Compliance
An individual will be able to address a challenge concerning compliance
with the above principles to the designated person or persons accountable
for the MRIA's compliance with The MRIA Privacy Code.
10.1 The MRIA will maintain procedures for addressing and responding
to all inquiries or complaints from individuals regarding the MRIA's handling
of personal information.
10.2 The MRIA will inform individuals about the existence of these procedures
as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with The MRIA Privacy
Code may seek external advice where appropriate before providing a final
response to individual complaints.
10.4 The MRIA will investigate all complaints concerning compliance with
The MRIA Privacy Code. If a complaint is found to be justified, the MRIA
will take appropriate measures to resolve the complaint including, if necessary,
amending its privacy policies and procedures. An individual will be informed
of the outcome of the investigation regarding his or her complaint.
Additional Information
For more information regarding The MRIA Privacy Code, please contact
the MRIA Privacy Officer at (905) 602-6854 or via info@mria-arim.ca.
Access requests, inquiries or complaints should be addressed in writing
to:
The Marketing Research and Intelligence Association
2600 Skymark Avenue, Bldg 4, Suite 104
Mississauga ON L4W 5B2
905-602-6854
1-888-602-6742
Attention: Privacy Officer
Please visit the Privacy Commissioner of Canada's web site at www.privcom.gc.ca.
NOW AVAILABLE FOR ONLINE VIEWING:
Recordings of the Privacy Officer's Forum Webinar Series
MRIA Privacy Officers Forum: Kick-Off Webinar - June 17, 2009
Chaired by MRIA President David W. Stark, CIPP, MRIA's first Privacy Officers Forum Webinar was held Wednesday, June 17. It was designed for privacy officers, general/corporate counsel, online panel managers and anyone working on the agency or client side who has an interest in privacy topics.
Access to this Recording can be purchased thorough the MRIA Portal.
$50 for members | $70 for non-members
MRIA Privacy Officers Forum - April 30th 2010
Building on the success of our first Privacy Officers Forum held in June 2009, Guest Speaker Elizabeth Denham, Assistant Privacy Commissioner of Canada presented recent cases, court decisions, and technological developments that have privacy implications for marketing research organizations.
Access to this Recording can be purchased thorough the MRIA Portal.
$50 for members | $70 for non-members
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