Privacy and Data Protection Policy
Purpose and Scope
In its everyday business operations Marketing Kitchen Inc. makes use of a variety of personal data, including data about:
Current, past and prospective employees
Customers and prospects
Address Data supplied by clients for mailing purposes
In collecting and using this data, we are subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps Marketing Kitchen is taking to ensure that it complies with it. This control applies to all systems, people and processes that constitute the organization’s information systems.
Privacy and data protection policy Applicable privacy legislation
The list below shows the areas of Canadian privacy legislation that apply to Marketing Kitchen and that we attest that we adhere to and follow:
Canada - PIPEDA
Ontario - FIPPA, MFIPPA, PHIPA
Quebec - Bill 64 Act respecting the protection of personal information in the private sector.
Marketing Kitchen has a legal obligation to always comply with the provisions of this legislation.
There may possibly be variations in these provisions, this policy establishes the key principles that are commonly required to be observed in such legislation. Significant fines may be applicable if a breach is deemed to have occurred under the relevant privacy legislation, which is designed to protect the personal data of Canadian citizens. It is Marketing Kitchen’s policy to ensure that our compliance with applicable legislation is clear and demonstrable at all times.
Definitions
The definitions used within privacy legislation vary and it is not appropriate to reproduce them all here. However, the common terms used within this policy are as follows:
Personal data: Any information that (a) can be used to identify the personal data principal to whom such information relates, or (b) is or might be directly or indirectly linked to a personal data principal.
Personal data principal: Natural person to whom the personal data relates. This term is also referred to as data subject.
Processing of personal data: Operation or set of operations performed upon personal data. Examples of processing operations of personal data include, but are not limited to, the collection, storage, alteration, retrieval, consultation, disclosure, anonymization, pseudonymization, dissemination or otherwise making available, deletion or destruction of personal data.
Data Controller: Privacy stakeholder that determines the purposes and means for processing personal data other than natural persons who use data for personal purposes.
Data Processor: Privacy stakeholder that processes personal data on behalf of and in accordance with the instructions of a data controller.
Principles relating to processing of personal data
There are a number of fundamental principles upon which most privacy legislation is based. These are summarized as follows:
1. Lawfulness, fairness and transparency - personal data shall be processed lawfully, fairly and in a transparent manner in relation to the personal data principal
2. Purpose limitation – personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
3. Data minimization – the personal data collected and stored shall be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed
4. Accuracy – personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay.
5. Storage limitation – personal data shall be kept in a form which permits identification of personal data principals for no longer than is necessary for the purposes for which the personal data is processed
6. Integrity and confidentiality – personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures
Marketing Kitchen will ensure that it complies with all these principles both in the processing and as part of the introduction of new methods of processing such as new IT systems.
Rights of the individual
The personal data principal also has rights with regard to their personal data. These will generally consist of:
1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.
Each of these rights are supported by appropriate procedures within Marketing Kitchen’s policy that allow the required action to be taken within the timelines stated in the applicable privacy legislation.
These timelines are shown in the list below:
The right to be informed - When data is collected (if supplied by personal data principal) or within one month (if not supplied by personal data principal)
The right of access - One month
The right to rectification - One month
The right to erasure - Without undue delay
The right to restrict processing - Without undue delay
The right to data portability - One month
The right to object - On receipt of an objection
Rights in relation to automated decision-making and profiling - Not specified
If Marketing Kitchen does not take action on the request of the personal data principals, Marketing Kitchen shall inform the personal data principal at the latest within one month of receipt of the request of the reasons for not taking action. In cases where requests from a personal data principal are unfounded or excessive, Marketing Kitchen may either: charge a reasonable fee taking into account the administrative costs of providing the information/communication/taking the action requested; or refuse to act on the request. Furthermore, Marketing Kitchen may request additional information necessary to confirm the identity of the personal data principal making the request. The information provided to personal data principals shall be comprehensible and in a clearly legible manner with an overview of the intended processing. Moreover, Marketing Kitchen shall take reasonable steps to inform relevant data controllers, data processors, and recipients (as applicable) of request of rectification/erasure/restriction of processing from the data principal, unless this proves impossible or involves disproportionate effort.
Lawfulness of processing
Depending on the legislation involved, there may be a number of alternative ways in which the lawfulness of a specific case of processing of personal data may be established. It is Marketing Kitchen’s policy to identify the appropriate basis for processing and to document it, in accordance with the applicable legislation. The main options are described in brief in the following sections.
Consent
Where appropriate, Marketing Kitchen will obtain consent from a personal data principal to collect and process their data. In cases of children being below the age specified in applicable legislation, parental consent will be obtained. Transparent information about our usage of their personal data will be provided to personal data principals at the time that consent is obtained and their rights regarding their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge. If the personal data is not obtained directly from the personal data principal, then this information will be provided to the personal data principal within a reasonable period after the data is obtained and definitely within one month.
Performance of a contract
Where the personal data collected and processed is required to fulfill a contract with the personal data principal, consent is not required. This will often be the case where the contract cannot be completed without the personal data in question, for example, a delivery cannot be made without an address.
Legal obligation
If the personal data is required to be collected and processed in order to comply with applicable law, then consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector. For example, processing of personal data relating to criminal convictions and offenses or related security measures.
Vital interests of the personal data principal
In a case where the personal data is required to protect the vital interests of the personal data principal or of another natural person, then this may be used as the lawful basis of the processing. Marketing Kitchen will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data.
Task carried out in the public interest
Where Marketing Kitchen needs to perform a task that it believes is in the public interest or as part of an official duty then the personal data principal’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
Legitimate interests
If the processing of specific personal data is in the legitimate interests of Marketing Kitchen and is judged not to affect the rights and freedoms of the personal data principal in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
Privacy by design
Marketing Kitchen has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues, including the completion of one or more privacy impact assessments.
The privacy impact assessment will include:
Consideration of how as well as what types of personal data will be processed and for what purposes
Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
Assessment of the risks to individuals in processing the personal data
What controls are necessary to address the identified risks and demonstrate compliance with applicable legislation
Use of techniques such as data minimization/pseudonymization/encryption will be considered where applicable and appropriate, including at the end of processing, and the mechanisms used to achieve them will be documented.
Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, Marketing Kitchen shall consult the supervisory authority prior to processing.
Contracts involving the processing of personal data
Marketing Kitchen will ensure that all relationships it enters that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the applicable legislation.
Data protection officer
A defined role of Data Protection Officer (DPO) is required under privacy legislation if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, Marketing Kitchen’s Data Protection Officer is its President and CEO Audrey Jamieson. She can be emailed @ audrey@marketingkitchen.ca or by writing (marked for her attention) to Marketing Kitchen, 498 Markland St Unit 7, Markham, ON L6C 1Z6. She can be contacted by phone at our office number at (905) 887-6245 extension 222.
Breach notification
It is Marketing Kitchen’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the applicable legislation, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of
individuals, where required the relevant supervisory authority will be informed within the specified timeframe. We will also notify Commission d’accèss à l’information (CAI) if any breach impacts Quebec residents.
If acting as a data processor, Marketing Kitchen shall notify the data controller of the data breach security incident. Our data controller is Joe Chimienti and he has the responsibility when offering a technological product or service to ensure that the parameters of the product or service provide the highest level of confidentiality by default, without any intervention by the person concerned.
Any data breach will be managed in accordance with our Security Incident Response Policy which sets out the overall process of handling information security incidents.
Under privacy legislation, the relevant authority may have the right to impose a range of fines, often based on a percentage of annual worldwide turnover or a specific amount, for infringements of the regulations.
Addressing compliance with applicable privacy legislation
The following actions are undertaken to ensure that Marketing Kitchen complies at all times with the accountability principle of privacy legislation within Canada:
The legal basis for processing personal data is clear and unambiguous.
A Data Protection Officer is appointed with specific responsibility for data protection in the organization.
All staff involved in handling personal data understand their responsibilities for following good data protection practices.
Training in data protection has been provided to all staff.
Rules regarding consent are followed.
Routes are available to personal data principals wishing to exercise their rights regarding personal data and such inquiries are handled effectively.
Regular reviews of procedures involving personal data are carried out.
Privacy by design is adopted for all new or changed systems and processes.
The following documentation of processing activities is recorded:
Organization name and relevant details
Purposes of the personal data processing
Categories of individuals and personal data processed
Categories of personal data recipients
Agreements and mechanisms for transfers of personal data to other countries including details of controls in place
Personal data retention schedules
Relevant technical and organizational controls in place
These actions are reviewed on a regular basis as part of the management process concerned with privacy and data protection.
Exceptions
Marketing Kitchen’s business needs, local situations, laws and regulations may occasionally call for an exception to this policy or any other Marketing Kitchen policy. If an exception is needed, Marketing Kitchen’s management will determine an acceptable alternative approach.
Enforcement
Any violation of this policy or any other Marketing Kitchen policy or procedure may result in disciplinary action, up to and including termination of employment. Marketing Kitchen reserves the right to notify the appropriate law enforcement authorities of any unlawful activity and to cooperate in any investigation of such activity. Marketing Kitchen does not consider conduct in violation of this policy to be within an employee’s or contractor’s course and scope of work.
Any personnel who is requested to undertake an activity that he or she believes is in violation of this policy must provide a written or verbal complaint to his or her manager or any other manager of Marketing Kitchen as soon as possible.
The disciplinary process should also be used as a deterrent to prevent employees and contractors from violating organizational security policies, procedures, and any other security breaches.
Complaints Policy and Procedure
This policy and procedure applies to complaints received by Marketing Kitchen about our services or staff.
Guiding Principles
It is in the interest of all parties that complaints are dealt with promptly and resolved as quickly as possible.
Review of complaints is fair, impartial and respectful to all parties.
Complainants are advised of their options to escalate their complaint to a more senior staff person if they are dissatisfied with treatment or outcome.
Complainants are provided clear and understandable reasons for decisions relating to complaints.
Updates are provided to complainants during review processes.
Complaints are used to assist in improving services, policies and procedures.
Types of Complaints
Definition: A complaint is an expression of dissatisfaction about the service, actions, or lack of action by Marketing Kitchen as an organization or a staff member or volunteer acting on behalf of Marketing Kitchen.
Examples include but are not limited to:
Perceived failure to do something agreed upon.
Failure to observe policy or procedures.
Error made by a staff member/supplier; or - unfair or discourteous actions/statements by staff members/supplier.
Anyone personally affected can complain and their complaint will be reviewed in accordance with this procedure.
Complaint Receipt and Handling
A complaint may be received verbally (by phone or in person) or in writing (by mail or email) to Audrey Jamieson, President of Marketing Kitchen and Data Protection Officer who can be emailed at audrey@marketingkitchen.ca or by writing (marked for her attention) to Marketing Kitchen, 498 Markland St Unit 7, Markham, ON L6C 1Z6. She can be contacted by phone at our office number at (905) 887-6245 extension 222.
Upon receipt or after having learned of any issue, Audrey will acknowledge the complainant and confirm that the complaint has been received and will be acted on either by herself or another employee. If a timeframe for action can be determined, this will be included in the acknowledgement. Basic contact information including name, phone number and email address should immediately be recorded.
Every effort should be made to resolve complaints received in a timely fashion. When receiving a verbal complaint, we will listen and seek to understand the complaint, and may attempt to resolve it immediately.
Complaints received in writing should be acknowledged within 2 business days and should attempt to resolve the matter within 10 business days.
Complainants will be kept informed of the status of their complaint. Every attempt should be made to resolve escalated complaints within an additional 10 business days so that all complaints are resolved within a month of having been received.
Documenting the Complaint
It is necessary to keep a record of any complaint that involves a security breach and/or dispute over money as well as any complaint that cannot be resolved immediate (on the same day it is received). Information about such complaints must be recorded on the complaints tracking worksheet. Information recorded on the worksheet includes a description of the complaint, who handled it, what was done to resolve the complaint, timeframe, and a description of the resolution. A summary of the complaints received including number and type will be reported to Audrey Jamieson – Data Protection Officer.
Responsibility, Review, and Audit
Marketing Kitchen reviews and updates its security policies and plans to maintain organizational security objectives and meet regulatory requirements at least annually. The results are shared with appropriate parties internally and findings are tracked to resolution. Any changes are communicated across the organization.
This document is maintained by Beth Hamilton. This document was last updated on 04/04/2023.