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Privacy

Legal (with Terms of Use)

Intellectual Property

The Peak Group of Companies

At Peak¹, we are committed to providing consumers and businesses with exceptional building products and services. As the provision of our products and services involves the collection, use and disclosure of some personal information about our clients, customers and members, the protection of personal information under our control is one of our highest priorities. Keeping personal information under our control in strict confidence is an integral part of our commitment to service excellence.
Some provinces have adopted local privacy legislation that protects the collection, use and disclosure of personal information. The Alberta Personal Information Protection Act, the British Columbia Personal Information Protection Act and the Quebec Act Respecting the Protection of Personal Information in the Private Sector vary slightly, but are similar in their intent and have been declared as substantially similar to the federal law, the Personal Information Protection and Electronic Documents Act ("PIPEDA"). PIPEDA governs the protection of personal information and electronic data, particularly with respect to the collection, use and disclosure of personal information in the course of inter-provincial and international commercial activity, and sets national standards for privacy practices in the private sector. Since Peak operates in more than one province, it must comply with PIPEDA and possibly one or more of the provincial privacy laws depending on the transaction. To ensure consistent service to our clients, customers and members across Canada, we have based this Privacy Policy ("Policy") on the federal law and, in the event that more than one privacy law applies, we will strive to follow the more stringent requirements. Peak takes the right to privacy and protection of personal information very seriously, and has incorporated the ten core principles set out in PIPEDA into this Policy.
This Policy outlines the principles and practices we will follow in protecting clients', customers', members' personal information. We will inform our clients, customers, members of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients', customers', members' personal information and allowing our clients, customers, members to request access to, and correction of, their personal information.

Scope
This Policy applies to all of our service providers collecting, using or disclosing personal information on behalf of Peak.

Definitions
Personal Information - means any information about an identifiable individual, including credit information, but does not include Contact Information (described below).
Contact Information - means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this Policy or PIPEDA.
Privacy Officer - means the individual or individuals designated with the responsibility for ensuring that Peak complies with this Policy and PIPEDA.

Principle No. 1 - Accountability

1.1		The Privacy Officer is responsible for ensuring Peak's compliance with this Policy and PIPEDA.
1.2		In addition to the Privacy Officer, Peak may assign responsibility to other Peak employees to review and address privacy concerns on a day-to-day basis.

Principle No. 2 - Identifying the Purpose of Collection

2.1		Unless the purposes for collecting personal information are obvious and the client, customer or member voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
2.2		We will only collect client, customer and member information that is necessary to fulfill the following purposes:

To deliver requested products and services we may collect name, home address, home telephone number;
To arrange for on-site inspection and estimate of the cost of products and services;
To provide products and services when engaged to do so;
To perform periodic post-installation inspections and to address any warranty issues that may arise;
To ensure a high standard of service to our clients, customers and members;
To identify customer preferences;
To verify identity;
To verify creditworthiness and arrange financing when requested;
To process payments;
To open and manage an account;
To meet legal and regulatory requirements.

Principle No. 3 - Consent

3.1		We will obtain client, customer and member consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
3.2		Consent can be provided orally, in writing, electronically, through an authorized representative, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client, customer or member voluntarily provides personal information for that purpose.
3.3		Consent may also be implied where a client, customer or member is given notice and a reasonable opportunity to opt-out of his or her personal information being used and the client, customer or member does not opt-out.
3.4		Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients, customers and members can withhold or withdraw their consent for Peak to use their personal information in certain ways. A client's, customer's or member's decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the client, customer or member in making the decision.
3.5		We may collect, use or disclose personal information without the client's, customer's, member's knowledge or consent in the following limited circumstances:

When the collection, use or disclosure of personal information is permitted or required by law;
In an emergency that threatens an individual's life, health, or personal security;
When the personal information is available from a public source (e.g., a telephone directory);
When we require legal advice from a lawyer;
For the purposes of collecting a debt;
To protect ourselves from fraud;
To investigate an anticipated breach of an agreement or a contravention of law.

3.6

Consent provided to Peak is limited to the particular purpose for which the information is collected. For example, when a customer orders a service, the customer consents to our use of the customer's credit card number and address for the purpose of completing the transaction and providing the customer with any required follow-up support or other additional services.

Principle No. 4 - Limiting Collection

4.1	We will only use or disclose client, customer, or member personal information where necessary to fulfill the purposes identified at the time of collection.

4.2	We will not use or disclose client, customer or member personal information for any additional purpose unless we obtain consent to do so.

4.3	We will not sell client, customer or member lists or personal information to other parties unless we have consent to do so.

Principle No. 5 - Limiting Use, Disclosure and Retention

5.1	If Peak uses client, customer or member personal information to make a decision that directly affects the client, customer or member, we will retain that personal information for at least one year so that the client, customer or member has a reasonable opportunity to request access to it.

5.2	Subject to 5.1, Peak will retain client, customer and member personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

5.3

Peak may be required to disclose personal information to a third party if a law, regulation, subpoena, etc., legally obliges it to do so. In cases where we are required to disclose your personal information as a result of a legal inquiry or order, we will take steps to verify that the order is enforceable and will then disclose only the information that is required to comply with the order. Generally, when your personal information is disclosed as a result of a legal inquiry or order, the client, customer or member will be entitled to know of the disclosure.

Principle No. 6 - Accuracy

6.1	Peak will make reasonable efforts to ensure that client, customer and member personal information is accurate and complete where it may be used to make a decision about the client, customer or member, or where it may be disclosed to another organization.

6.2

Clients, customers and members may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing to Peak's Privacy Officer, along with sufficient detail to identify the personal information and the correction being sought.

6.3

If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to the client, customer or member who made the correction request and to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the clients', customers', members' correction request in the file.

Principle No. 7 - Safeguards

7.1	We are committed to ensuring the security of client, customer and member personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

7.2	The following security measures will be followed to ensure that client, customer and member personal information is appropriately protected:

encryption;
firewalls;
the use of locked filing cabinets;
the use of user IDs and passwords;
physically securing offices where personal information is held;
restricting employee access to personal information as appropriate (i.e., only those that need to know will have access); and
contractually requiring any service providers to provide comparable security measures.

7.3	We will use appropriate security measures when destroying client's, customer's and member's personal information such as shredding documents and deleting electronically stored information.

7.4	We will continually review, test and update our security policies and controls as technology changes to ensure ongoing personal information security.

Principle No. 8 - Openness

8.1	If you have any questions about this Policy or Peak's practices and procedures for managing personal information, please contact Peak's Privacy Officer at:

Privacy Officer
Peak Innovations Inc.
P.O. Box 96060
Richmond, B.C.
Canada V7A 5J4

8.2	Peak may amend this Policy from time to time and may include additional schedules and appendices. Please contact Peak's Privacy Officer for the most up to date version.

8.3	This Policy is intended to provide information about Peak's approach to privacy matters and its obligations in handling personal information.

Principle No. 9 - Access to Personal Information

9.1	All clients, customers and members of Peak have a right to access their personal information, subject to limited exceptions.

9.2	A request to access personal information must be made in writing to Peak's Privacy Officer, along with sufficient detail to identify the personal information being sought.

9.3	Upon request, we will also tell clients, customers and members how we use their personal information and to whom it has been disclosed, if applicable.

9.4	Peak is committed to respond to all requests for access to personal information within the time periods prescribed by applicable law, or we will provide written notice of an extension where additional time is required to fulfill the request.

9.5

A minimal fee may be charged for providing transcription, reproduction or transmission of personal information. Where a fee may apply, we will inform the client, customer or member of the cost and request further direction from the client, customer or member on whether or not we should proceed with the request.

9.6	In the unlikely event that a request is refused in full or in part, we will notify the client, customer or member in writing, providing the reasons for refusal and the recourse available to the client, customer or member.

Principle No. 10 - Ensuring Compliance

10.1	Peak will respond to any complaints, concerns or questions you may have regarding this Policy or the privacy of your personal information. Clients, customers or members should direct any complaints, concerns or questions regarding Peak's compliance in writing to the Privacy Officer.

10.2	Peak's Privacy Officer may be contacted by mail at:

Privacy Officer
Peak Innovations Inc.
P.O. Box 96060
Richmond, B.C.
Canada V7A 5J4

10.3	All complaints, concerns or questions will receive a response and will be investigated. After an investigation has been completed, we will notify you of our findings and any corrective action that may have been taken.

10.4	If Peak's Privacy Officer is unable to resolve the concern, the client, customer or member may also write to one or more of the following commissioners:

	In Alberta:
		The Office of the Information and Privacy Commissioner Suite 500, 640-5th Avenue SW Calgary, AB T2P 3G4
	In British Columbia:
		Office of the Information and Privacy Commissioner for British Columbia P.O. Box 9038, Stn. Prov. Govt. Victoria, BC V8W 9A4
	In Québec:
		Commission d'accès à l'information du Québec 575, rue Saint-Amable Bureau 1.10 Québec (Québec) G1R 2G4 or 480, boul. Saint-Laurent Bureau 501 Montréal (Québec) H2Y 3Y7
	In the rest of Canada:
		Office of the Privacy Commissioner of Canada 112 Kent Street Place de Ville Tower B, 3rd Floor Ottawa, Ontario K1A 1H3

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¹ This Policy governs Peak Innovations Inc. and The Peak Group of Companies (collectively, “Peak”). “Peak” and “we” are used throughout this Policy to mean both Peak Innovations Inc. and The Peak Group of Companies. References to sharing information within Peak mean disclosure by one of the entities of Peak to all or some of the other entities of Peak. Peak may amend this Policy from time to time. Please contact Peak's Privacy Officer for the most up to date version.