PINNACLE STAFFING SOLUTIONS PRIVACY POLICY

Last revised: May 5, 2009

Respecting Privacy

At Pinnacle, respecting privacy is an integral part of our business. That is why Pinnacle has adopted this Pinnacle Staffing Solutions Privacy Policy (this “Privacy Policy”), which explains our privacy protection practices in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian Anti-Spam Legislation (“CASL”).

The ten principles that form the basis of this Privacy Policy are interrelated and Pinnacle adheres to the ten principles as a whole. Each principle should be read in conjunction with the accompanying commentary. The commentary in this Privacy Policy has been drafted to reflect privacy issues specific to Pinnacle.

Pinnacle will continue to review and revise this Privacy Policy to make sure that it remains current with changing industry standards, technologies and applicable laws.

 

Scope and Application

This Privacy Policy applies to personal information, in any form, collected, used, retained or disclosed by Pinnacle in the course of providing commercial services to Pinnacle’s clients.

This Privacy Policy does not impose any limits on the collection, use, retention or disclosure of the following information by Pinnacle:

  • certain business contact information, such as the name, title or business address or telephone number of an employee of an organization;
  • personal information including the name, title, address and telephone number of an individual that appears in a professional or business directory that is available to the public;
  • information that cannot be associated with a specific individual;
  • the personal information of employees of Pinnacle, which may be managed by internal Pinnacle policies and procedures; or
  • other publicly available information as exempted by applicable privacy laws, including PIPEDA.

The application of this Privacy Policy is subject to the requirements and provisions of PIPEDA, an order of any court, certain contractual obligations with Pinnacle’s clients, and any other applicable legislation or regulation.

 

Definitions

Pinnacle: Pinnacle Staffing Solutions and any subsidiaries, successor company or companies thereof as a result of corporate reorganization or restructuring.

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. The form of consent sought by Pinnacle may vary, depending upon the circumstances and the type of personal information. In determining the form of consent, Pinnacle takes into account the sensitivity of the personal information and the reasonable expectations of individuals. Consent may be provided directly by an individual or by an authorized representative.

disclosure: Making personal information available to a third party.

employee: An employee of or independent contractor to Pinnacle. The inclusion of independent contractors within the definition of “employee” is for convenience of reference only, and should in no manner imply that such independent contractors are employees of Pinnacle within the meaning of employment legislation or are in an employee-employer relationship with Pinnacle.

individual: A natural person who provides personal information to Pinnacle in the course of commercial activities carried on by Pinnacle.

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 other than a client or his/her agent, or an individual or an organization other than Pinnacle.

use: The treatment, handling, and management of personal information by and within Pinnacle.

 

Principle 1 – Accountability

Pinnacle is responsible for personal information under its control and shall designate one or more persons who are accountable for Pinnacle’s compliance with this Privacy Policy.

Pinnacle is responsible for all personal information under its control and has designated the Pinnacle Staffing Solutions Privacy Officer to oversee its privacy compliance. Other individuals within Pinnacle may be delegated to act on behalf of the Pinnacle Staffing Solutions Privacy Officer or to take responsibility for the day to day management of personal information.

As appropriate, Pinnacle implements privacy policies and procedures to properly enforce this Privacy Policy and Pinnacle shall use contractual or other means to provide a comparable level of privacy protection while personal information is being processed or used by a third party or agent of Pinnacle.

Pinnacle has implemented privacy policies and procedures to give effect to this Privacy Policy, including:

  • implementing privacy policies and procedures to protect personal information and to oversee compliance with this Privacy Policy;
  • establishing privacy policies and procedures to receive and respond to inquiries, access to information requests and complaints;
  • training employees about Pinnacle’s privacy policies and procedures; and
  • developing publicly available information to explain Pinnacle’s privacy policies and procedures.

 

Principle 2 – Identifying Purposes for Collection of Personal Information

Pinnacle shall identify the purposes for which personal information is collected at or before the time such information is collected.

Pinnacle has collected and collects personal information from individuals for the following purposes:

  • to provide executive and professional search services;
  • to provide recruitment processing outsourcing services;
  • to provide Pinnacle’s flexible staffing services;
  • to manage Pinnacle’s resources centre;
  • to provide testing and training services;
  • to establish and provide ongoing services;
  • to manage and develop business and operations, including personnel and employment matters;
  • to develop, enhance, market and provide services to clients;
  • to meet legal and regulatory requirements, including to protect or defend a legal interest, or
  • to carry out any other purpose that a Pinnacle client has authorized or that is required or permitted by law.

 

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 inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.

Pinnacle generally collects, uses, retains and discloses personal information only with an individual’s knowledge and consent. Pinnacle may depart from this general consent principle only in accordance with the limited exceptions set forth in applicable laws such as PIPEDA.

In obtaining an individual’s consent, whether express or implied, Pinnacle will explain the purposes for which Pinnacle will manage personal information. Pinnacle will not depart from these original and stated purposes unless an individual provides further consent or unless otherwise required or permitted by law.

Individuals may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. An individual may contact Pinnacle for more information regarding the implications of withdrawing consent.

 

Principle 4 – Limiting Collection of Personal Information

Pinnacle shall limit the collection of personal information to that which is necessary for the purposes identified by Pinnacle. Pinnacle shall collect personal information by fair and lawful means.

In most cases, Pinnacle will only collect personal information that is necessary for the purposes identified in this Privacy Policy. Pinnacle may collect personal information from other sources that represent that they have the right to disclose such information.

 

Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information

Pinnacle shall 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. Pinnacle shall retain personal information only as long as necessary for the fulfillment of those purposes.

Pinnacle will not disclose personal information for purposes other than those purposes for which it was collected, except with the consent of the individual or as required or permitted by law. Pinnacle may disclose personal information:

  • when we have an individual’s consent, whether express or implied;
  • to third party agents or suppliers engaged by Pinnacle to perform functions on our behalf;
  • to meet legal and regulatory requirements, including to protect or defend a legal interest, in connection with an actual or possible Pinnacle corporate reorganization, merger or amalgamation with another entity, or natural or possible sale of all or a substantial portion of the assets of Pinnacle; and
  • where required or permitted by law.

In such circumstances, Pinnacle will not disclose more personal information than is required for the identified purposes. Pinnacle will also, whenever it is reasonable and practicable to do so, enter privacy agreements with third parties with whom Pinnacle discloses personal information.

Pinnacle will retain personal information for a period of time only as long as it remains necessary or relevant for the identified purposes or as required or permitted by law.

Depending on the circumstances, where personal information has been used to make a decision about an individual, Pinnacle shall retain, for a period of time that is reasonably sufficient to allow for access by the individual, either the actual personal information or the rationale for making the decision.

Only those employees of Pinnacle who require access for legitimate business reasons, or whose duties reasonably so require, are granted access to personal information.

Pinnacle maintains reasonable and systemic controls, schedules and practices for personal information retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required or permitted by law to be retained. Such personal information is destroyed, erased or made anonymous as appropriate.

 

Principle 6 – Accuracy of Personal Information

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

Pinnacle makes reasonable efforts to ensure that personal information it collects, uses or discloses is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. If an individual finds any errors in Pinnacle’s personal information holdings, Pinnacle should be informed and will make the appropriate corrections. Pinnacle will convey these corrections to anyone that Pinnacle may have misinformed. In circumstances where the accuracy or completeness of personal information remains in dispute, Pinnacle will make a note in its records of an individual’s opinion as to accuracy or completeness of the relevant personal information.

 

Principle 7 – Security Safeguards

Pinnacle shall protect personal information by security safeguards appropriate to the sensitivity of the information.

Pinnacle protects personal information against such risks as loss, theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. Pinnacle protects personal information regardless of the format in which it is held.

All employees of Pinnacle with access to personal information are required as a condition of employment or engagement to respect the confidentiality of personal information and obligations set forth in this Privacy Policy.

 

Principle 8 – Openness Concerning Policies and Procedures

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

Individuals should forward questions or concerns regarding Pinnacle’s policies and procedures relating to the management of personal information to the Pinnacle Staffing Solutions Privacy Officer.

 

Principle 9 – Access to Personal Information

Upon request, Pinnacle shall inform an individual of the existence, use, and disclosure of his or her personal information and shall provide access to that information. An individual shall be able to challenge the accuracy and completeness of the personal information and have it amended as appropriate.

An individual may access any personal information that Pinnacle has concerning them by sending a written request to the Pinnacle Staffing Solutions Privacy Officer. Pinnacle may advise an individual in advance if there is a minimal charge to conduct a search of our records and will respond within 30 days.

In accordance with PIPEDA, Pinnacle may not be able to provide personal information to an individual if doing so would violate the privacy of a third party or if certain personal information is subject to solicitor-client privilege, contains confidential commercial information or cannot be disclosed for other legal reasons. If Pinnacle is unable to provide access to all or part of an individual’s personal information, we will explain our reasons for such a decision to the extent permitted and/or required by law.

Pinnacle shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the personal information. In providing an account of disclosure, Pinnacle shall provide a list of organizations to which it may have disclosed personal information about an individual when it is not possible to provide an actual list.

In order to safeguard personal information, an individual may be required to provide sufficient identification information to permit Pinnacle to account for the existence, use and disclosure of personal information and to authorize access to an individual’s personal information. Any such information shall only be used for this purpose.

Where an individual has been provided with access to their personal information, they shall be able to challenge the accuracy and completeness of their personal information and have it amended as appropriate.

 

Principle 10 – Challenging Compliance

An individual shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Pinnacle’s compliance with The Pinnacle Staffing Solutions Privacy Policy.

Questions or concerns regarding Pinnacle’s privacy practices should be directed to the Pinnacle Staffing Solutions Privacy Officer.

Pinnacle will investigate all complaints concerning compliance with this Privacy Policy and if a compliant is found to be justified, Pinnacle shall take the appropriate measures to resolve the complaint including, if necessary, amending its privacy policies and procedures. Pinnacle shall inform an individual of the outcome of an investigation regarding his or her complaint.

 

Additional Information

For more information regarding this Privacy Policy, please contact the Pinnacle Staffing Solutions Privacy Officer at:

Pinnacle Staffing Solutions
Attention: Privacy Officer
394 Graham Avenue
Winnipeg, Manitoba, Canada R3C 0L4
Phone: (204) 943-8649
Fax: (204) 943-0060

For additional information about your privacy rights, please visit the Office of the Privacy Commissioner of Canada’s Internet web site at www.privcom.gc.ca.

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