Privacy Code

INTRODUCTION

Brabeia Inc. ("BRABEIA") is a BC company engaged in providing an online interactive platform for contests.

This Privacy Code sets out our privacy commitment to the protection of personal information of our employees, and personal information obtained through individuals accessing our product offerings.

This Privacy Code is intended to assist us to meet our obligations under respecting the personal information of our employees and service providers regarding the new Personal Information Protection Act ("PIPA").

The Privacy Code is also intended to provide open and transparent principles, policies, practices and procedures by which BRABEIA can meet its privacy commitment to the protection of personal information of its employees and for personal information received from individuals accessing our product offerings in the Province of British Columbia and elsewhere. It is also intended to set out the choices available for individuals regarding our collection, use or disclosure of their personal information.

The purpose of this Privacy Code is to articulate clearly our privacy practices respecting the management of personal information collected and used by BRABEIA and to ensure compliance with the federal and provincial privacy laws. At the same time, it recognizes the needs of BRABEIA to collect, use or disclose personal information versus the right of individuals to protect their personal information. The standard for the collection of personal information by BRABEIA is one of what a reasonable person would consider appropriate in the circumstances.

DEFINITIONS

The following definitions under PIPA are intended to provide clarity regarding the breadth and scope personal information protected by our privacy policies and practices.

PIPA Definitions

"contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual

"employee personal information" means personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual’s employment.

"organization" means a person, an unincorporated association, a trade union, a trust or a not for profit organization, but does not include:

  • an individual acting in a personal or domestic capacity or acting as an employee;
  • a public body;
  • the Provincial Court, the Supreme Court or the Court of Appeal;
  • the Nisga’a Government, as defined in the Nisga’a Final Agreement or
  • private trust for the benefit of one or more designated individuals who are friends or members of the family of the settlor.
  • "personal information" means information about an identifiable individual and includes employee personal information but does not include contact information or work product information.

"work product information" means information prepared or collected by an individual or group of individuals as part of the individual’s or group’s responsibilities or activities related to the individual’s or group’s employment or business but does not include personal information about the individual who did not prepare or collect the personal information.

GUIDING PRINCIPLES

The following ten principles are the basis of BRABEIA Privacy Code and shall guide PRIZEBOX’s management of personal information and its privacy practices together with the statutory requirements of PIPA.

  1. Accountability – BRABEIA is responsible for personal information under its control including personal information not in the custody of BRABEIA. BRABEIA shall designate one or more individuals to be responsible for ensuring that BRABEIA complies with this Privacy Code and shall make the position name or title and contact information of each individual so designated.

  2. Identifying Purposes for Collection of Personal Information – BRABEIA shall identify the purposes for which personal information is collected or before personal information is collected.

  3. Obtaining Consent for Collection, Use or Disclosure of Personal Information – BRABEIA shall ensure that consent is obtained from each individual for the collection, use or disclosure of their personal information unless inappropriate. BRABEIA shall recognize and act on any withdrawal of consent by an individual to collect their personal information.

  4. Limiting Collection of Personal Information – BRABEIA shall limit the collection of personal information to the purposes identified by BRABEIA and shall only collect personal information using appropriate, fair and lawful means.

  5. Limiting Use, Disclosure and Retention of Personal Information – BRABEIA shall not use or disclose personal information for purposes other than for the purpose it was collected unless BRABEIA has the consent of the individual or as provided by law. BRABEIA shall retain personal information for only as long as necessary to meet the purposes of the collection of the personal information.

  6. Accuracy of Personal Information – BRABEIA shall ensure that personal information collected, used and disclosed shall be as accurate, complete and up-to date as possible for the purposes for which it has been collected used and disclosed.

  7. Security Safeguards – BRABEIA shall take all appropriate steps to protect the personal information collected, used and disclosed and use security measures appropriate to sensitivity of the personal information.

  8. Openness Concerning Policies and Practices – BRABEIA shall ensure that information is made available to employees and customers regarding this Privacy Code and our privacy practices regarding personal information.

  9. Customer and Employee Access to Personal Information – BRABEIA shall inform an individual of the collection, use and disclosure of his/her personal information at the individual’s request and shall grant access to the individual to such personal information. An individual shall be entitled to challenge the accuracy and completeness of the personal information collected, used or disclosed by BRABEIA and have it amended and or corrected as necessary or appropriate.

  10. Challenging Compliance – This Privacy Code and our privacy practices shall include a clear process for responding to complaints that may arise with respect to our handling and managing of personal information of customers and employees. A customer or employee may make a complaint regarding BRABEIA’s compliance with its privacy policies and practices to the designated individual in accordance with our complaint process.

APPLICATION OF THE PRIVACY CODE

1.1 BRABEIA meets the definition of organization for the purposes of the PIPA and therefore this Privacy Code sets out BRABEIA’s policies and practices for managing personal information of individuals being collected, used and disclosed from our employees and services providers whether collected, used or disclosed orally, electronically or in writing in compliance with PIPA.

1.2 The following categories of personal information of individuals are exempt from the PIPA privacy practices and policies of our Privacy Code:

1.2.1 Contact information or work product information as defined in PIPA above.

1.2.2 Personal information that is:

personal information collected, used or disclosed for personal or domestic purposes; journalistic, artistic or literary purposes; for federal Personal Information Protection and Electronic Documents Act purposes; for provincial Freedom of Information and Protection of Privacy Act purposes; personal information in a note, communication or draft decision of decision maker in an administrative proceedings or personal information that relates to the exercise of functions of member or officer of Legislature or Legislative Assembly; personal information from a document related to a prosecution if all proceedings related to the prosecution have not been completed; and collection of personal information collected before BC Personal Information Protection Act came into force.

PRIVACY POLICIES AND PRACTICES

Accountability

2.1 In order to meet its responsibilities for personal information under its possession or control, BRABEIA appoints the Chief Executive Officer (CEO) and or his/her designate to be accountable for PRIZEBOX’S compliance with this Privacy Code and its statutory requirements under PIPA. The CEO and or his/her designate may appoint one or more persons to act on their behalf with respect to the responsibility for day-to-day management, collection and processing of personal information.

2.3 The contact information of persons designated to be accountable for PRIZEBOX’s compliance with the Privacy Code shall be made known upon request.

2.4 BRABEIA does not currently provide any other personal information to third parties as set out in PIPA. In the event, that BRABEIA does provide personal information to third parties, BRABEIA shall ensure that such third parties have policies and practices in place that provide similar or comparable protection for personal information as PRIZEBOX.

2.5 BRABEIA shall put in place procedures and practices to give effect to this Privacy Code and shall include:

Procedures and practices to protect personal information and to oversee compliance with this Privacy Code; Procedures and practices to receive and respond to requests for personal information, inquiries and complaints under PIPA; Methods and means for training and communicating our privacy procedures and practices to employees; and Methods and means for communicating our privacy procedures and practices to our service providers and the public.

2.6 BRABEIA shall continue to update and enhance its privacy policies and practices on and as and when basis.

Purposes of Collection

3.1 BRABEIA collects, uses and discloses personal information from individuals, employees and subcontractors only for the following purposes:

To administer the contests and other product offerings available on BRABEIA online interactive platform and to engage in promotional activities related to the contests;

To meet terms, conditions and obligations of employment to our employees such as for benefit and payroll administration; and 3.1.3 To promote BRABEIA programs to the public.

3.2 In using and disclosing personal information as part of its contractual agreement(s), such personal information shall only be collected, used and disclosed as necessary for the performance of BRABEIA’s contractual obligations.

3.3 BRABEIA also collects uses and discloses personal information of its employees or services providers but such personal information shall only be collected, used and disclosed for purposes that a reasonable person would consider appropriate in the circumstances and that fulfill the purposes that BRABEIA has disclosed to the individual in accordance with PIPA.

3.4 BRABEIA shall identify and specify orally, electronically or in writing to the employee or service provider or clients/customers the purposes for which personal information is collected, used and disclosed at or before the time the personal information is collected.

3.5 Designated persons collecting personal information on behalf of BRABEIA shall upon request advise an individual of the purposes for such collection or refer the individual to the CEO and or his/her designate to provide an explanation.

3.6 BRABEIA shall not collect, disclose or use personal information for any purpose not identified or specified to an individual without obtaining their consent.

Consent

4.1 BRABEIA will obtain consent from an individual when collecting, using or disclosing personal information of its clients/customers, individuals, employees, and contractors for the purposes outlined above.

4.2 Consent may be explicit (orally or in writing) or implied. Consent may be implied by BRABEIA where at the time consent is deemed as follows:

4.2.1 the purpose would be considered obvious to a reasonable person;

4.2.2 the individual has voluntarily provided the personal information for that purpose; or

BRABEIA has given notice of the collection of personal information for a specified period in a form that can be reasonably understood of its intention to collect, use or disclose the personal information and the individual is given a reasonable period of time to decline and does not decline and it is reasonable to collect, use or disclose having regard to the sensitivity of the personal information.

4.3 Consent is not required for the following personal information which is permitted to be collected and used from an individual or from a source other than an individual without limitations:

is clearly in the interest of the individual and consent cannot be obtained in a timely way;

is necessary for medical treatment of the individual and individual is unable to give consent;

it is reasonable to expect that the collection or use with the consent of individual would compromise the availability or accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;

where collection or use occurs by observation at a performance, a sports meet or a similar event at which individual voluntarily appears and is open to the public;

is necessary to determine individual’s suitability to receive an honour, award or similar benefit such as honorary degree, scholarship or bursary or selected for an athletic or artistic purpose;

organization is credit reporting agency and collection is for a credit report and individual consents at the time the original collection occurs;

is required or authorized by law;

personal information is necessary to facilitate collection of debt owed or payment of debt to an organization; and collection or use of employee personal information is reasonable for establishing, managing or terminating an employment relationship

4.4 With respect to the disclosure of personal information, BRABEIA shall obtain consent from the individual, with the exception of the following personal information which is permitted to be disclosed from an individual or from a source other than an individual without limitations:

is clearly in the interest of the individual and consent cannot be obtained in a timely way;

is necessary for medical treatment of the individual and individual is unable to give consent;

it is reasonable to expect that the disclosure with the consent of individual would compromise the availability or accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;

where disclosure occurs by observation at a performance, a sports meet or a similar event at which individual voluntarily appears and is open to the public;

is necessary to determine individual’s suitability to receive an honour, award or similar benefit such as honorary degree, scholarship or bursary or selected for an athletic or artistic purpose;

organization is credit reporting agency and disclosure is for a credit report and individual consents at the time the original collection occurs;

is required or authorized by law;

personal information is necessary to facilitate collection of debt owed or payment of debt to an organization;

personal information is disclosed in accordance with a provision of a treaty that authorizes or requires its disclosure or is made under an enactment of BC or Canada;

disclosure is for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of personal information;

the disclosure is to a public body or a law enforcement agency in Canada, concerning an offence under the laws of Canada or a province, to assist in an investigation, or in the making of a decision to undertake an investigation;

there are reasonable grounds to believe that compelling circumstances exist that affect the health and safety of any individual and if notice of disclosure is mailed to the last known address of the individual to who the personal information relates;

the disclosure is for the purpose of contacting next of kin or a friend of an injured, ill or deceased individual;

the disclosure is to a lawyer who is representing the organization;

the disclosure is to an archival institution if the collection of personal information is reasonable for research or archival purposes;

and disclosure of employee personal information is reasonable for establishing, managing or terminating an employment relationship.

4.5 When obtaining consent from a client/customer, individual, employee or service provider, BRABEIA shall use reasonable efforts to ensure that the individual is advised and reasonably understands the purpose for which the personal information is being collected, used or disclosed.

4.6 Wherever possible, BRABEIA shall seek consent to collect, use or disclose personal information from an individual, employee or service provider at the time in which the personal information is collected. In the event that this is not possible, BRABEIA will seek consent after the personal information is collected but prior to it being used or disclosed for a different purpose that has not been identified or specified.

4.7 When determining whether express or implied consent is required, BRABEIA shall take into account the sensitivity of the personal information and the reasonable expectations of the client/customer, individual, employee or service provider.

4.8 BRABEIA will, generally, imply consent to collect, use or disclose personal information for its purposes, where an employee accepts employment or receives benefits.

4.9 When seeking consent for the collection of personal information from a client/customer, individual, employee or service provider, BRABEIA shall set out the choices available to individuals regarding BRABEIA’s collection, use or disclosure of the personal information at the time of collection or prior to the use or disclosure of such personal information.

4.10 Upon obtaining consent, BRABEIA shall record such consent such as via phone, by mail, the Internet, a note to file, copy of an email, copy of a check off box or entry in database field.

Withdrawal of Consent

5.1 BRABEIA will honour a request of an individual to withdraw its consent to the collection, use or disclosure of personal information where it receives reasonable notice and stop collecting, using or disclosing that personal information unless it meets one of the exceptions noted above or would frustrate the performance of a legal obligation or consent was given to a credit reporting agency.

Limiting Collection of Personal Information

6.1 When collecting personal information of a client/customer, individual, employee or subcontractor, BRABEIA shall disclose to the individual verbally or in writing, the purposes for the collection of the personal information and shall limit the collection to the identified and specified purposes.

6.2 BRABEIA shall only collect personal information by reasonable, fair and lawful means.

6.3 BRABEIA, generally, collects personal information from its clients/customers, employees, vendors, licensors, licensees or service providers although in certain circumstances, BRABEIA may collect personal information from third parties, such as credit bureaus, employers or personal references but only from those third parties that represent that they have a right to disclose such personal information.

Limiting Use, Disclosure and Retention of Personal Information

7.1 Other than where BRABEIA has consent of the individual or by operation of law, BRABEIA shall not use or disclose personal information for purposes other than those identified and specified.

7.2 BRABEIA shall only retain personal information of an individual for the period necessary to fulfill the purposes identified and specified, by operation of law or where making a decision regarding a client/customer, employee or vendor or service provider as long as is reasonable to give such individuals the opportunity to access the personal information concerning the making of the decision.

7.3 BRABEIA shall limit the access of its employees to personal information to those who are participating in the collection, use or disclosure of personal information as part of their duties or to those who have a need to know within BRABEIA.

7.4 BRABEIA shall maintain the means via reasonable controls, systems and practices whereby personal information that no longer is necessary to retain is destroyed, erased or rendered anonymous.

Accuracy and Security of Personal Information

8.1 BRABEIA shall make all reasonable effort to ensure that personal information collected is accurate and complete for the purposes in which it is collected particularly where the personal information is likely going to affect the individual to who the personal information relates or is likely to be disclosed to another organization.

8.2 All personal information used by BRABEIA shall be as accurate and complete as possible and where such personal information is being used to make a decision that directly affects an individual, such personal information will where applicable be retained by BRABEIA for one year in order to provide a reasonable opportunity for access by the individual.

8.3 BRABEIA shall take reasonable security arrangements to prevent the unauthorized access, collection, use, disclosure, copying, modification or disposal of personal information in its custody and control in whatever form it is held. Such security arrangements will include protection from loss or theft and physical measures, such as locking filing cabinets, restricting access to offices and alarm systems, technological tools, such as passwords, encryption, firewalls and anonymizing software, and organizational tools, such as security clearances, limiting access on a need to know basis, staff training and confidentiality agreements.

8.4 BRABEIA shall destroy its documents containing personal information or remove the means by which personal information can be associated with the individual as soon as the purpose for which the personal information was collected is no longer being served by its retention or retention is no longer necessary for legal or business purposes.

8.5 BRABEIA shall not use deceptive or coercive means to collect personal information and shall not dispose of personal information with intent to evade a request for access to personal information.

8.6 BRABEIA shall protect personal information by ensuring that confidentiality provisions bind both third parties in which personal information is disclosed and employees who have access to personal information.

8.7 BRABEIA shall regularly review and update security measures for personal information where applicable.

Access to and Correction of Personal Information

9.1 Where BRABEIA has collected, used or disclosed personal information of an individual that is within the statutory authority of PIPA, an individual shall have the right to access and correct their personal information in accordance with the following access and correction procedure:

the individual may, in writing, make a request to the CEO of BRABEIA or his/her designate concerning his or her personal information under the control of BRABEIA;

BRABEIA shall provide information concerning the ways in which personal information of the individual has been and is being used by BRABEIA or has been disclosed by BRABEIA

the names of individuals and organizations to whom the personal information has been requested;

with the exception of the following personal information, BRABEIA will provide access to an individual’s personal information:

(i) personal information is protected by solicitor-client privilege;

(ii) disclosure would reveal confidential commercial information that if disclosed could in the reasonable opinion of a reasonable person harm the competitive position of PRIZEBOX;

(iii) personal information was collected where consent is not required for the purposes of an investigation or where proceedings have not been completed;

(iv) where personal information was collected by a credit organization 12 months prior to the request from the individual;

(v) where the disclosure would threaten the safety, physical or mental health of an individual, cause immediate or grave harm to the safety or physical or mental health of an individual, or would reveal personal information about another individual;

having reviewed the personal information requested, the individual may request BRABEIA to correct an error or omission in that personal information that is:

(i) about the individual and

(ii) is under the control of BRABEIA;

BRABEIA shall respond to an individual’s request no later than 30 days from the date of an individual’s request unless the individual has not given sufficient detail to enable BRABEIA to identify the personal information being requested or more time is needed given the large volume of personal information being requested which would unreasonably interfere with BRABEIA’s operation or there is a need for more time to consult with another organization or public body to determine whether to give access to the requested document. In those circumstances, BRABEIA may extend the time an additional 30 days or seek a longer period of time to respond from the privacy commissioner and will advise the individual of the extension in time, the time period of the extension and the rights of the individual to complain about the extension;

in responding to an individual’s request, BRABEIA shall advise the individual when access to personal information in whole or in part is being refused, the reasons for the refusal and the contact information of the officer or employee of BRABEIA who can answer the individual’s questions concerning the refusal;

BRABEIA shall make a reasonable effort to assist each applicant to respond accurately and completely as is reasonably possible to their request;

BRABEIA shall make the correction as soon as reasonably possible or send the corrected personal information to each organization which the personal information was disclosed during the year prior to the date the correction was made, where BRABEIA is satisfied that there are reasonable grounds for the request; and where BRABEIA does not make a correction it shall annotate the personal information under its control that a request was made but the request was not implemented.

Challenging Compliance

10.1 BRABEIA shall maintain a process for addressing and responding to complaints or inquiries regarding its compliance with this Privacy Code including where appropriate a process for seeking external advice prior to responding to individual complaints or inquiries.

10.2 A client/customer, individual, employee, subcontractor, vendor or service provider may make a complaint or inquiry regarding BRABEIA’s compliance with this Privacy Code as follows:

An individual shall file a written complaint or inquiry to the CEO of BRABEIA and or his/her designate outlining the failure of BRABEIA to comply with this Privacy Code and the specified section and or principle.

BRABEIA shall investigate all written complaints or inquiries regarding its compliance with this Privacy Code. Where an investigation determines that a complaint is justified or action is required regarding an inquiry, BRABEIA shall take all appropriate steps to resolve the complaint or take appropriate action to address the inquiry including where applicable amending the policies, practices and procedures of this Privacy Code.

Wherever possible, BRABEIA shall respond to a written complaint within 30 days provided the written complaint or inquiry provides sufficient information to respond to. This response shall include details regarding the outcome of the investigation and individual’s complaint or inquiry. In the event that BRABEIA seeks external advice, the period to respond may be extended for a reasonable period necessary to obtain such external advice.

10.3 In the event that an individual is not satisfied with handling of its complaint by PRIZEBOX, the individual may seek the assistance of the BC Privacy Commissioner. The contact information for the Privacy Commissioner may be found at www.oipc.bc.ca.

Transparency of Privacy Policies, Practices and Procedures

11.1 BRABEIA shall make its privacy policies, practices and procedures available on its website and readily available to individuals in person, in writing, by telephone or as applicable in BRABEIA publications.

11.2 BRABEIA shall also make its policies, practices and procedures understandable for its individuals, members, employees, subcontractors and the public by identifying who within BRABEIA is responsible for compliance with this Privacy Code, how personal information can be accessed by individuals, what personal information is held by BRABEIA and how it is used.

The contact information for the CEO of BRABEIA is as follows:

Tracy Wattie
2-15621 Marine Drive
White Rock, BC V4B 1E1
Telephone: 604-314-0186
Email: tracy@brabeia.com

Current contact information can also be found on PRIZEBOX’s website at www.brabeia.ca.

For further information on BRABEIA’s Privacy Code, practices and procedures, contact (Tracy Wattie) (604) 314-0186. To review the BC Protection of Privacy Act and Personal Information Protection Act, access to the Act can be found at www.oipc.bc.ca.

This Privacy Code is built on the ten principles of the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information which was published in March 1996 as a National Standard of Canada Federal and these principles are now incorporated in both the federal Personal Information Protection and Electronic Documents Act and the British Columbia Personal Information Protection Act