CANADIAN PRIVACY AND DATA PROTECTION
Definitions. Capitalized terms in this Exhibit shall have the following meanings:
“Canadian Laws” means any present or future provincial, federal and municipal law, statute, regulation, code, ordinance, principle of common law or equity, municipal by-law, treaty or order, as well as all applicable requirements, requests, official directives, rules, consents, approvals, authorizations, guidelines and policies of any governmental authority having or purporting to have authority over Vitay, which are applicable to Vitay with respect to use of the Vitay platform in relation to persons located in Canada, including but not limited to applicable Consumer Reporting Laws, Human Rights Laws, and Privacy Laws, and any laws applicable to obtaining drivers’ abstracts in Canada or any other relevant Canadian jurisdiction.
“Canadian Report” means a report or other applicable screening product offered on Vitay’s web application containing Personal Information about an individual previously located or residing in Canada, including a “report” or “consumer report” as defined under applicable Consumer Reporting Laws.
“Consumer Reporting Laws” means the following Canadian statutes, and the regulations thereto, as amended from time-to-time: Fair Trading Act (Alberta), Business Practices and Consumer Protection Act (B.C.), The Personal Investigations Act (Manitoba), Consumer Protection and Business Practices Act (Newfoundland & Labrador), Consumer Reporting Act (N.S.), Consumer Reporting Act (Ontario), Consumer Reporting Act (PEI), The Credit Reporting Act (Saskatchewan), Quebec Consumer Protection Act (Quebec), Credit Reporting Services Act (N.B.), Consumer Protection Act (Yukon), and Consumer Protection Act (Northwest Territories & Nunavut).
“Human Rights Laws” means the following Canadian statutes, and the regulations thereto, as amended from time-to-time and any successor legislation: the Alberta Human Rights Act, the Human Rights Code (B.C.), the Human Rights Code (Manitoba), the Human Rights Act, 2010 (Newfoundland and Labrador), the Human Rights Act (NS.), the Human Rights Code (Ontario), the Human Rights Act (PEI), the Charter of Human Rights and Freedoms (Quebec), and the Saskatchewan Human Rights Code, the Human Rights Act (N.B.), the Human Rights Act (Yukon), the Nunavut Human Rights Act, and the Human Rights Act (Northwest Territories)., and the Federal Canadian Human Rights Act.
“Personal Information” means an individual’s information required to be submitted to the Vitay and or Vitay’s clients or users in order to use the Vitay platform.
“Privacy Laws” means all laws applicable to privacy and data protection, including but not limited to the Canadian Federal Personal Information Protection and Electronic Documents Act, and the regulations thereto, and substantially similar Canadian provincial legislation.
Requirements
a) Organizational and technological measures have been implemented to protect the security, integrity and confidentiality of the Canadian Reports, which are reasonable based upon the sensitivity of the information contained in such reports.
b) Such physical, organizational and technological measures shall protect the Personal Information contained in the Canadian Reports against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
c) We provide privacy and data protection training to designated key personnel who are permitted access to Canadian Reports pursuant to this Agreement, including training on proper handling of Personal Information and avoiding common threats to data security.
d) We shall notify users, in writing, of any breach of this Exhibit, including but not limited to any unauthorized access to, or use or disclosure of, Personal Information, and co-operate fully to remedy any security breach or other breach to meet any requirements prescribed by Canadian Laws (Consumer Reporting Laws, Human Rights Laws, and Privacy Laws) in respect of such breach.
e) Vitay and Vitay’s clients or users will co-operate to remedy any security breach pertaining to information and Canadian Reports caused by either party, and to comply with any applicable Canadian Laws in the event of such security breach that impacts background information and Canadian Reports of Canadian consumers, including any breach notification obligations.
f) We will notify all users of any changes to our policies, procedures or protocols respecting the collection, use, storage, processing and destruction of Personal Information.
g) Vitay’s clients or users of the Vitay platform may receive or become a custodian of Personal Information that is subject to restrictions on its collection, use and disclosure under applicable Canadian Laws, including the Personal Information Protection and Electronic Documents Act. Both parties shall not use or disclose any Personal Information, except: (i) to the extent necessary to perform its obligations under this Agreement; (ii) as expressly authorized in writing by disclosing party; or (iii) to the extent required by applicable Canadian Laws.
