Protection of Personal Information Policy
This Policy applies to Adonis Group Inc., as well as its divisions, subsidiaries and franchised stores that offer various food retail services (hereinafter "Marché Adonis").
This Policy applies to the Personal Information that Marché Adonis, or its suppliers on behalf of Marché Adonis, collects, uses or discloses regarding any of its Customers.
This Policy applies to the management of Personal Information be it in verbal, written or electronic form.
This Policy does not apply to the Collection, Use or Disclosure of Personal Information that is available to the public and that Marché Adonis obtained without using special means, such as any Personal Information available to the public like a Customer's name, address and telephone number, when such information is listed in a directory or available through any kind of directory listing, including online.
This Policy complies with the requirements of the Quebec Act respecting the protection of personal information in the private sector and its related regulations. This Policy also complies with the ten (10) principles set out in the Model Code for the Protection of Personal Information provided in the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 as amended.
"Chief Privacy Officer" means an individual or individuals at Marché Adonis (or at its parent company Metro Richelieu Inc.) who are in charge of ensuring compliance with and application of this Policy.
"Collection" means the act of collecting, acquiring or obtaining Personal Information in any way or by any means whatsoever, including from a Third Party.
"Consent" means the freely given agreement to the Collection, Use and/or Disclosure of Personal Information for the purposes specified by Marché Adonis. Consent may be express or implied, and may be given directly by the person or by that person's authorized agent. Express Consent may be given orally, electronically or in writing. However, it must always be clear. Implied Consent refers to Consent that can be reasonably inferred from a person's action or inaction.
"Customer" means an individual who (i) buys or orders products or services at or from a store under any banner of Marché Adonis in Québec; (ii) corresponds with Marché Adonis; (iii) enters a promotional contest organized by Marché Adonis in compliance with its rules and regulations; (iv) uses any application or website offered by Marché Adonis; or (v) accesses any other customer service or program offered by Marché Adonis.
"Disclosure" means the act of revealing Personal Information to a Third Party.
"Personal Information" means any information about a Customer that can be used to identify that Customer, including, but not limited to, the Customer's name, addresses, email addresses, date of birth, credit information, Marché Adonis program or application member number.
"Third Party" means a person other than a Customer, to whom the Personal Information belongs to or refers to, Marché Adonis or an agent of these individuals or entities.
"Use" means Marché Adonis's (or by its affiliated entities or authorized suppliers) processing, handling and management of Personal Information.C. Principles Principle 1 - Accountability
Marché Adonis is responsible for the Personal Information that it has in its possession and must designate a Chief Privacy Officer who shall ensure compliance with the principles set out in this Policy.
1.1 It is the Chief Privacy Officer's duty to ensure compliance with and application of this Policy. Other Marché Adonis employees may also be designated to support the Chief Privacy Officer or see to the day-to-day Collection, Use and Disclosure of Personal Information.
1.2 Marché Adonis shall, upon request, provide the name of the Chief Privacy Officer whose contact information is provided below (in Section E).
1.3 Marché Adonis is responsible for the Personal Information in its possession or custody, including Personal Information that has been transferred to a Third Party for processing.
1.4 Marché Adonis has developed various directives and practices for the Policy's effective application, including:
- implementing procedures designed to protect Personal Information and ensure compliance with this Policy;
- implementing procedures for receiving and handling complaints and inquiries; and
- providing information and training to staff on protection of Personal Information.
Marché Adonis shall identify the purposes for which Personal Information is Collected before or at the time of Collection.
2.1 Marché Adonis Collects Personal Information for the following purposes:
- to enable Customers to register for and participate in Marché Adonis -provided programs, applications, websites, services, activities, promotional contests, surveys, on-line purchasing, the newsletter and any other program offered by Marché Adonis or one of its partners; to enable rewards, special offers and targeted promotions to be made available to Customers, the organization of promotional activities and communications with winners of promotional contests; product design, improvement and merchandising; improvement of store offerings (including marketing studies and surveys, where relevant); personalize your visit on the Site in accordance with your preferences and offer you personalized services, products, promotions and advertising, and identification checks of any program or account offered by Marché Adonis;
- to establish and maintain business relations with Customers, ensure services are performed and to process Customer orders in person and during e-commerce transactions (si applicable);
- to understand Customer needs and preferences;
- to understand Customer needs and preferences;
- to recommend particular products and services to Customers that meet Customer needs;
- todesign, improve, market and provide products and services that meet Customer needs;
- to operate its business;
- to meet the requirements of all applicable legislation;
- to handle complaints;
- to communicate with Customers or any other person concerned; and/or
- to ensure the safety and security of Customers, Third Parties and employees.
2.2 Marché Adonis shall use reasonable efforts, as part of any Collection, to inform all persons concerned, electronically, verbally or in writing, of the purposes of said Collection of Personal Information. The persons Collecting the Personal Information shall explain, upon request, the purposes of the Collection or refer any person concerned to the appropriate department for an answer.
2.3 Subject to any legal provision to that effect, Marché Adonis may not Use or Disclose Personal Information it Collects about a Customer for a new purpose without first identifying and recording said purpose and obtaining the Customer's Consent.
2.4 Phone calls between Marché Adonis or its agents and Customers may be recorded or monitored for quality control purposes. Closed circuit monitoring in Marché Adonis stores and offices is conducted to ensure Customer, Third Party and employee safety and security.Principle 3 - Consent to the Collection, Use and Disclosure of Personal Information
The Customer must be informed of and consent to the Collection, Use or Disclosure of their Personal Information, except if Marché Adonis is exempt from informing or obtaining such consent by law. In certain circumstances, the law permits Personal Information to be Collected, Used, or Disclosed without the knowledge and Consent of the person concerned. Marché Adonis may avail itself, at any time, of any applicable legislative provision that exempts it from informing the Customers affected by the Collection, Use or Disclosure or obtaining their Consent.
3.1 For example, Marché Adonis may Collect, Use or Disclose a Customer's Personal Information without the Customer's knowledge and Consent:
- if it is clearly in the Customer's best interest and it is impossible to obtain the Customer's timely Consent, for example when the Customer forgot their credit card at the store;
- if seeking the Customer's Consent might defeat the purpose of Collecting the information, for instance an investigation regarding a breach of contract, fraud, or a violation of a federal or provincial law;
- in an emergency, when a person's life, health or safety are in danger;
- to Disclose the Personal Information to counsel representing Marché Adonis, in order to recover a debt owed by the Customer to Marché Adonis;
- to comply with a summons, warrant or other court order, or as otherwise required by law;
- if it is necessary to assess, process or settle an insurance claim; or in the course of defending a legal action or application commenced against Marché Adonis by the Customer; or
- for other reasons permitted by law.
3.2 Marché Adonis shall limit Collection of Personal Information to that which is necessary to fulfil the purposes identified and shall collect it by fair and legal means.
3.3 Marché Adonis shall shall seek a Customer's Consent at the time of Collection of the Customer's Personal Information. However, Marché Adonis may seek this Consent after the Personal Information has been Collected, but must always obtain Consent before its Use or Disclosure for a new purpose.
3.4 For the purposes of this Policy, it is understood that a Customer's purchasing products or using services, constitute implied Consent to the Collection, Use and Disclosure of relevant Personal Information for the purposes identified by Marché Adonis.
3.5 A Customer may withdraw Consent at any time, subject to legal or contractual restrictions and reasonable notice. A Customer may contact Marché Adonis for information on the consequences of such withdrawal.
Principle 4 - Limiting Collection
Marché Adonis shall limit Collection of Personal Information to that which is necessary to fulfil the purposes identified and shall collect it by fair and legal means.
Marché Adonis may also collect Personal Information from other sources, including credit bureaus, if necessary in the treatment of the Customer's request.
Principle 5 - Limiting Use, Disclosure and Retention of Personal Information
Marché Adonis not Use or Disclose Personal Information for purposes other than those for which it was Collected, except with the Consent of the Customer or as permitted by law, and shall retain it only as long as necessary to fulfil the purposes for which it was collected.
5.1 Marché Adonis may also disclose Personal Information to:
- a person who Marché Adonis, acting reasonably, deems is requesting the Personal Information as the Customer's representative or agent;
- a person who, as an agent, subcontractor, supplier or partner of Marché Adonis, is working with Marché Adonis in carrying out various tasks;;
- one or more Third Parties, when the Customer Consents to the Disclosure or the Disclosure is required by law;
- employees and supporting Third Parties' employees in the course of their employment.
5.2 Typically, Personal Information retained by Marché Adonis is kept in Canada. In certain cases, Personal Information Collected by Marché Adonis may be kept and processed in other countries for service provision purposes, and may then be subject to the jurisdiction of these countries.
5.3 The only people to have access to Personal Information are those authorized by Marché Adonis and whose duties require it.
5.4 Marché Adonis retains Personal Information only so long as necessary for the identified purposes or as required by law. When access to the Personal Information is requested under this Policy, Marché Adonis will retain either the Personal Information or the reasons for the decision long enough to allow the Customer to access said Personal Information or reasons.
5.5 Marché Adonis has established controls, schedules and practices with respect to the retention and destruction or de-identification of Personal Information and files when they are no longer needed for the identified purposes or required by law.Principle 6 - Accuracy of Personal Information
Personal Information shall be as accurate, complete and up-to-date as possible.
6.1 Personal Information Used by Marché Adonisis as accurate, complete and up-to-date as possible to minimize the possibility that incorrect Personal Information may be Used or Disclosed.
6.2 Marché Adonis shall update Personal Information only as required to satisfy the identified purposes or after receiving an update request from the Customer.
6.3 The Customer is responsible for updating his or her Personal Information by contacting Marché Adonis as soon as reasonably possible and providing such updates to Marché Adonis.Principle 7 - Safeguards
Marché Adonis shall take reasonable steps to protect Personal Information and use safeguards appropriate to the sensitivity of the Personal Information.
7.1 Marché Adonis takes reasonable steps to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, modification or destruction.
7.2 Marché Adonis takes reasonable steps to protect Personal Information Disclosed to Third Parties under contractual agreements that states the confidentiality of the information and the purposes for which it is intended.
7.3 All persons authorized by Marché Adonis to have access to Personal Information must respect the confidentiality of said information.
7.4 Marché Adonis understands the importance of protecting Personal Information and uses internet security protocols to safeguard Personal Information collected via the Internet. However, Customers must remember that the internet is not a secure means of communication. Consequently, Marché Adonis makes no representations or warranties as to the absolute security of Personal Information provided via the internet. Customers acknowledge that they provide Personal Information to Marché Adonis via the internet at their own risk.
Furthermore, Marché Adonis is in no way responsible for the Personal Information protection practices of other internet websites that are neither owned nor controlled by Marché Adonis but that are accessible from Marché Adonis websites through links or hyperlinks. Your use of third-party websites is subject to the terms and conditions of such websites.
7.5 Marché Adonis takes reasonable steps to identify, contain and resolve breaches of security safeguards. In the event that Marché Adonis considers that a breach of security safeguards creates a real risk of significant harm to an individual, Marché Adonis will notify the relevant authorities and individuals in accordance with the conditions provided by applicable laws.Principle 8 - Openness
Marché Adonis shall make readily available to individuals specific information about its management of Personal Information.
Marché Adonis facilitates understanding of this Policy, namely by making the following information available upon request:
- the name of the Chief Privacy Officer whose contact information is provided below (Section E);
- the procedure for gaining access to Personal Information;
- a description of the type of Personal Information held by Marché Adonis, including a general account of its Use; and
Upon request, Marché Adonis shall inform a Customer of the existence, Use and Disclosure of his or her Personal Information and shall give the Customer access to that information.
The Customer shall be entitled to contest the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon request, Marché Adonis shall give the Customer a reasonable opportunity to view the Personal Information in his or her file. The Personal Information is provided or made accessible in a timely fashion, in a form that is understandable, and at reasonable cost to the Customer.
9.2 In certain situations, Marché Adonis may refuse, in whole or in part, a Customer's request for access to his or her Personal Information, particularly if:
- it might reveal Personal Information about a Third Party or may place another person's life or safety in danger;
- Disclosure of the Personal Information would reveal confidential or strategic Marché Adonis commercial proprietary information;
- the Personal Information is protected by professional privilege;
- the Personal Information was obtained in a dispute resolution process; or
- the Personal Information was obtained in an investigation regarding a breach of contract, actual or possible litigation, or breach of law.
Upon request, Marché Adonis shall provide the reasons for denying access to the Personal Information.
9.3 Upon request, Marché Adonis shall inform the Customer of the Use and Disclosure of the Personal Information and, when available, of the source of the information. As for a record of Disclosure of Personal Information, when Marché Adonis cannot produce a list of the specific organizations to which it has Disclosed Personal Information about the Customer, it shall provide the list of those to which it may have Disclosed such information.
9.4 For the protection of the Personal Information, Marché Adonis may require a Customer to submit a written request, with proof of identity, before informing the Customer of the existence, Use and Disclosure of his or her Personal Information and authorizing his or her access to his or her Personal Information.
9.5 Upon being advised of Personal Information that is deemed to be inaccurate or incomplete, Marché Adonis shall promptly correct or complete it. Any disagreement as to the accuracy or completeness of a Customer's Personal Information shall be recorded in the Customer's file.
9.6 Any Customer may, via Marché Adonis"� Customer Service Department, ask the Chief Privacy Officer for all or part of his/her Personal Information.Principle 10 - Challenging Compliance
An individual shall be entitled to address a challenge concerning compliance with the above principles to the Chief Privacy Officer.
10.1 Marché Adonis has put procedures in place to receive and respond to complaints or inquiries about this Policy.
10.2 Marché Adonis shall inform individuals of the existence of the complaint procedures and how to make a complaint.
10.3 The Chief Privacy Officer is accountable for this Policy's application and may, at his/her sole discretion, seek advice from any person before providing a final response to any complaint.
10.4 Marché Adonis shall review all Policy compliance complaints. If a complaint is found to be justified, Marché Adonis shall take appropriate measures, including, if necessary and where reasonable, amending its Policy and practices. The complainant shall be informed of the steps taken regarding the complaint.D. Amendment of this Policy
This Policy may be amended at any time at Marché Adonis's sole discretion without notice.E. Questions or concerns about the protection of your personal information
Any comments, questions, concerns or complaints regarding your Personal information, this Policy or our privacy practices should be addressed to the Chief Privacy Officer at:
Adonis Group Inc.
Attention: Chief Privacy Officer
1595 boul. Daniel-Johnson #400
Laval, Québec, H7V 4C2
By email: [email protected]
The Chief Privacy Officer will attempt to respond to each of your written requests within thirty (30) days after receipt of such requests. If the Chief Privacy Officer cannot meet your request within this time limit, we will provide you with a revised timeline that is required in the circumstances.
If the Chief Privacy Officer is unable to address your concern to your satisfaction, mediation may be an option recommended to you to settle the dispute. Mediation is a form of dispute resolution. If the parties decide to pursue mediation, then the parties would refer the dispute to a mediator who would assist the parties in order to facilitate a solution.
If you remain unsatisfied, you may bring the matter to the attention of the Commission d'acc�s � l'information du Québec if you are a resident of Quebec or the Office of the Privacy Commissioner of Canada if you are a resident of Ontario and New Brunswick.