Personal Information Protection and Privacy Statement

 

We are dedicated to providing you with superior service while protecting your privacy and safeguarding the personal information entrusted to us by you. “You” may be an existing or potential customer, person associated with an existing or potential customer, employee, existing or potential franchisee, a principal or guarantor of an existing or potential franchisee, or otherwise a member of Pacific Poke.

This statement will notify you of:

● What personal information Pacific Poke collects;

● How the information is used;

● With whom the information may be shared or disclosed;

● What choices are available to you regarding collection, use and distribution of personal information;

● The kind of security procedures that are in place to protect the loss, misuse or alteration of personal information under our control; and

● How you can correct any inaccuracies in your personal information.

What is personal information?

Personal information means information about an identifiable individual. This includes an individual’s name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, educational history, etc. It does not usually include business contact information when used to contact a person in respect of their business role or function.

What personal information do we collect?

The personal information that we may collect from you includes information we receive from you, including but not limited to, your name, address, phone number, e­mail address and general payment information. We collect information provided at each of our retail locations, through franchise agreements or negotiations and through our website.

Why do we collect and use your personal information?

We collect your personal information to be able to provide the food products and restaurant services that best meets your needs. Personal information may be used for general corporate and marketing purposes, including but not limited to the following:

● To process applications for franchises and to provide appropriate information on our franchise model;

● To understand and assess ongoing needs of customers and potential customers and offer products and services to meet those needs; ­ 

● For communication, service, marketing, billing and administration;

● To inform you of Pacific Poke’s products and services;

● For fraud detection and prevention;

● For analytics purposes by aggregating or otherwise de­identifying personal information. De­identifying personal information means using information for our business purposes that does not identify you, for example, aggregating your personal information with others to prepare statistics;

● To develop proprietary tools and databases;

● To meet legal and regulatory requirements; and

● Other purposes disclosed in our Privacy Statement or disclosed to you at the time of collection, use or disclosure.

We normally collect your personal information directly from you. We may collect your information from other persons with your consent or as authorized by law. If we are collecting personal information for a purpose not listed within this Privacy Statement, we will, before or at the time of collecting personal information, inform you of the purpose for which we are collecting the information. However, we do not provide this notification when someone volunteers information for an obvious purpose (for example, producing a credit card to pay a fee when the information will be used only to process the payment).

Consent

You provide your consent to the collection, use, retention and disclosure of your personal information in accordance with this Privacy Statement when you browse our website that links to this Privacy Statement, complete the franchise application process, activate an online account, enter into an agreement with us, request marketing communications or otherwise take an action after we provide you with an opportunity to review this Privacy Statement. We ask for consent to collect, use or disclose your personal information in all other instances, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may determine that consent is implied by the circumstances.

We assume your consent to continue to use and, where applicable, disclose personal information that we have already collected, for the purpose for which the information was collected.

You acknowledge that where express consent is required and denied by you, we may not be able to provide you certain services. Where express consent is needed, we will normally ask you to provide your consent orally (in person, or by telephone), or in writing (by signing a consent form or agreeing to an online statement).

You may withdraw consent to the use and disclosure of personal information at any time, unless the personal information is necessary for us to fulfill our legal obligations. We will respect your decision, but in certain circumstances, we may not be able to provide you with reliable service if we do not have the necessary personal information. Additionally, in certain circumstances, we will not need to obtain your consent or explain the purposes for the collection, use or disclosure of personal information. For example, this exception would apply in situations of fraud detection or prevention or if we must comply with a court order.

­How do we use and disclose personal information?

We use and disclose your personal information only for the purposes for which the information was collected, except as authorized by law. For example, we may use your personal information to assess your ongoing needs and provide you information on our products and services.

Pacific Poke may disclose personal information as required and described in this Privacy Statement or as otherwise required by law. In providing our products and services, we may need to disclose the personal information we collect to affiliates and other service providers or agents who perform various functions for us. We may also disclose personal information to legal, financial, and other professional advisers and to our lenders or insurers in connection with the operation of our business where such parties have agreed to confidentiality restrictions.

If we wish to use or disclose your personal information for any new business purpose, we will ask for your consent. We may not seek consent if the law allows this (e.g. the law allows organizations to use personal information without consent for the purpose of collecting a debt).

Keeping your information accurate

It is important to us that your personal information is accurate and complete. You have the right to determine, verify and amend the information we have about you. If you identify any personal information that is out­of­date, incorrect or incomplete, let us know and we will make the required corrections. In some cases we may ask for a written request for the correction.

What is personal employee or franchisee information?

Personal employee and franchisee information is personal information about an employee, individual franchisee or a principal or guarantor of a franchisee which is collected, used or disclosed solely for the purposes of establishing, managing or terminating an employment, work or franchisee/franchisor relationship, as applicable. Personal employee and individual franchisee information may include a Social Insurance Number, a performance review, financial information, home address and any other personal information required by us. We can collect, use and disclose your personal employee or franchisee information without your consent for the purposes of establishing, managing or ending the employment, work or franchisee/franchisor relationship. We will provide current employees or franchisees with prior notice about what information we collect, use or disclose and our purpose for doing so.

What personal employee and individual franchisee information do we collect, use and disclose? We may collect, use and disclose personal employee or franchisee information to meet the following:

● Determining eligibility for employment or franchising, including verifying qualifications and references; ­ 

● Establishing training and development requirements;

● Assessing performance and managing performance issues if they arise;

● Administering pay and benefits;

● Processing employee work ­related claims (e.g. benefits, workers’ compensation, insurance claims);

● Complying with requirements of funding bodies; and

● Complying with applicable laws (e.g. Canada Income Tax Act, Alberta Employment Standards Code).

We only collect, use and disclose the amount and type of personal employee or franchisee information that is reasonable to meet the above purposes or as otherwise disclosed to you at the time of collection, use or disclosure. The following is a list of personal employee information that we may collect, use and disclose to meet those purposes.

● Contact information such as your name, home address, telephone number; ● Criminal background checks;

● Employment or volunteer information such as your resume (including educational background, work history and references), reference information and interview notes, letters of offer and acceptance of employment, policy acknowledgement forms, background verification information, workplace performance evaluations, emergency contacts, etc.;

● Benefit information such as forms relating to applications or changes to health and insurance benefits including medical and dental care, life insurance, short and long term disability, etc.;

● Financial information, such as pay cheque deposit information and tax ­related information, including Social Insurance Numbers; and

● Other personal information required for the purposes of our employment or franchise relationship.

We will inform our employees or franchisees of any new purpose for which we will collect, use, or disclose personal employee information, or we will obtain your consent, before or at the time the information is collected.

We will obtain your consent to collect, use and disclose your personal information for purposes unrelated to the employment or franchise relationship, as applicable.

What information do we provide for employment references?

In some cases, after your employment relationship with us ends, we will be contacted by other organizations and asked to provide a reference for you. It is our policy not to disclose personal information about our employees to other organizations who request references without consent. The ­ 5 ­ personal information we normally provide in a reference includes:

● Confirmation that an individual was an employee, including the position, and date range of the employment; and

● General information about an individual’s job duties and information about the employee’s ability to perform job duties and success in the employment relationship.

How do we safeguard personal information?

We protect personal information in a manner appropriate for the sensitivity of the information. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information.

Our employees, service providers and agents are bound to maintain the confidentiality of your personal information and will not use the information for any unauthorized purpose. All personal information is stored on our database. We take reasonable administrative, technical and physical measures to ensure information stored on our database is protected from theft or unauthorized use.

We use appropriate security measures when destroying personal information, including shredding paper records after relevant information has been obtained and uploaded to our database and permanently deleting electronic records once information is no longer required.

We retain personal information only as long as is reasonable to fulfill the purposes for which the information was collected or for legal or business purposes.

Access to records containing personal information

Individuals have a right to access their own personal information in a record that is in the custody or under the control of Pacific Poke, subject to some exceptions. For example, organizations are required under the Personal Information Protection Act (Alberta) to refuse to provide access to information that would reveal personal information about another individual.

If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold that information and provide you with the remainder of the record.

You may make a request for access to your personal information by contacting the Privacy Officer at Pacific Poke, contact information provided in the following section. You must provide sufficient information in your request to allow us to identify the information you are seeking.

You may also request information about our use of your personal information and any disclosure of that information to persons outside our organization. In addition, you may request a correction of an error or omission in your personal information.

We will respond to your request within 45 calendar days, unless an extension is granted. We may charge a reasonable fee to provide information, but not to make a correction. We do not charge fees when the request is for personal employee information. We will advise you of any fees that may apply before ­ 6 ­ beginning to process your request.

 

Questions and complaints

If you have a question or concern about any collection, use or disclosure of personal information by Pacific Poke, or about a request for access to your own personal information, please contact Blake Mitchell at 880 ­1140 West Pender St, Vancouver, BC, V6E 2R9.