What Personal Information do we collect?
British Columbia Privacy Legislation generally defines “Personal Information” broadly as information about an identifiable individual. For the purposes of this policy, personal information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Generally speaking, personal information does not include what is considered business contact information: your name, title or position, business address, telephone number, facsimile number, or information prepared by persons as part of their employment. The types of personal information that NCDABC may collect about you, once your consent is obtained, include your name, home address, telephone number, personal email address, billing and account information, information about your business, and other information incidental to providing services to you and on behalf of new franchised British Columbian automobile dealers.
NCDABC may receive personal information from members or dealer members for the purpose of providing services to them and their customers. In these cases, NCDABC relies on the members or dealer members to ensure that such personal information is disclosed to NCDABC in accordance with applicable privacy legislation. Such personal information is used only for the purpose of providing the services in question.
We have a physical presence in British Columbia and may in the normal course of operations collect personal information through visits from the public, capture of video images on security cameras, telephone inquiries, or employment inquiries. This personal data, incidental to normal business administration, is not collected for a business purpose or shared with third parties except under exceptional circumstances as required by law.
Why do we collect your Personal Information?
In general, NCDABC collects, uses and discloses personal information about our members, dealer members, their customers, and others in order to provide our dealer members and members with association services to and on behalf of new franchised British Columbian automobile dealers. More specifically, we collect, use and disclose personal information for the following purposes:
- to fulfill the goals and mandates of a British Columbian trade association representing new franchised automobile dealers;
- to share Personal Information to and from third parties for the purposes of providing British Columbian trade association services to and on behalf of new franchised British Columbian Automobile dealers;
- to understand and respond to members, dealer members, suppliers, customers, and other third party needs and preferences, including to contact and communicate with such parties to conduct surveys, research, evaluations and trade shows;
- to develop, enhance or otherwise provide NCDABC products and services;
- to sell or otherwise provide products and services of third parties with whom NCDABC has a relationship;
- to distribute our Signals newsletter, other newsletters, association information and other materials to members and individuals on our mail and e-mail lists including via third parties mailing houses and e-mail service providers;
- to develop and manage NCDABC’s association and operations;
- to detect and protect NCDABC and other third parties against error, negligence, breach of contract, fraud, theft, and other illegal activity and to audit compliance with NCDABC’s policies and contractual obligations;
- to engage in business transactions including the purchase sale, lease, merger or amalgamation or any other type of acquisition, disposal or financing involving NCDABC;
- as permitted by and to comply with any foreign and domestic legal or regulatory requirements or provisions and;
- to provide information to our members in relation to their business;
- for any other purpose to which you consent.
To whom do we disclose your Personal Information?
From time to time, NCDABC may disclose your Personal Information to:
- service providers including an organization or individual retained by NCDABC to perform functions on its behalf such as marketing, surveying, data processing, document management, and office services;
- In case of a corporate party. a person who in the reasonable opinion of NCDABC is providing or seeking the information as your agent;
- to our insurers and to regulatory agencies, insurers or others in connection with regulatory or other obligations of NCDABC in its capacity as a national trade association representing new franchised British Columbian automobile dealers;
- to our members for the purposes of their business of marketing motor vehicles and/or other products and services;
- any related third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law;
- as permitted by, and to comply with, any legal or regulatory orders, directions or decisions.
Accuracy of Personal Information
Personal information is kept as accurate, complete and up to date as necessary for the purposes for which it is to be used. Members and individuals are encouraged to provide updates to their personal information as changes occur, to enable us to continue to provide services to them.
Where do we store and protect your Personal Information?
NCDABC has in place standard security measures and procedures to ensure that your personal information is protected from the misuse and from unauthorized access. However, no data transmission over the Internet can be guaranteed to be 100% secure.
Personal information, whatever its form, will be protected by security safeguards appropriate to the sensitivity of the information. The safeguards will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Your Personal Information is stored in secured locations and on servers controlled by NCDABC, located either at our offices or at the offices of our service providers.
How do we protect your Personal Information?
To help protect the confidentiality of your Personal Information, NCDABC employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. Where Personal Information is sent to a third party for processing we ensure, through our contracts with them, that all Personal Information is kept secure. We operate secure data networks protected by industry standard firewall and password protection systems.
Privacy and our Website
- Online Communications – In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, participating in a seminar or other event, and participating in contests and surveys. If you are known to NCDABC as a registered user of an online service, we may combine and store Personal Information about your use of our website and the online information you have provided with certain other online and offline information we may have collected.
- E-Mail Communications – Occasionally, but only if implied or express consent is first given by you, we may send e-mail communications to you with information that may be useful, including information about NCDABC and its members and other third parties with whom we have a relationship. We will include simple instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future e-mails from NCDABC
- Links – Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies and practices than NCDABC, and NCDABC has no responsibility for such third party websites.
Ways we may obtain your express consent include the following:
- We might ask you for your express consent in writing (for example, in a signed consent form)
- We may ask for your express consent in person, over the telephone or through a letter we mail to you.
- We ask you for your express consent when you visit our, or a related, website.We may determine that consent has been implied, by the following circumstances:
- In the context of membership programs (i.e. member login portion of the NCDA site), NCDA relies on the implied consent provisions of the Canada Anti-Spam Legislation (“CASL”), whereby NCDA relies on the fact that the member has signed up to our site, as their implied consent to receive electronic messages.
- We may determine that by seeking NCDA-related information through our organization your consent has been implied for us to deal with your personal information in a reasonable manner.
There are also legal exceptions in which we will not need to obtain your consent or explain the purpose for the collection, use or disclosure of your personal information. For example, this could apply when there is an emergency situation or if it is necessary for your protection or ours [NTD: ‘necessary for your protection or ours is not well defined. Perhaps consider, ‘or if required by law or an order of an court of competent jurisdiction’.
Opt-in and Opt-out Options
We take the issue of unwanted commercial electronic communications seriously and therefore provide the options to help assure and enforce the opt-in and opt-out nature of the service. Consent to opt-in is implied when a member requests information on specific NCDABC opportunities, or by subscribing to the e-newsletter. Each e-newsletter message we send has a simple and clear “unsubscribe” link. This gives the customer the option to be removed from the subscriber database so that they do not receive future mailings. In addition to the “unsubscribe” link, Members who wish to later “opt-out” may simply contact the Privacy Officer with this request [NTD: CASL requires that any party has a simple opt out option. Requiring a member to call into opt out would likely be offside of CASL]. NCDABC database system is programmed to remember that you have opted-out and prevents you from being mistakenly re-added to the subscriber list.
How may you obtain access to your Personal Information?
Upon your written request, subject to certain exceptions, NCDABC will inform you of the existence, use, and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information below. We may charge a minimal fee to provide such personal information. There are a few instances where we may not be able to provide some of the personal information we hold, including:
- if it is subject to solicitor-client or litigation privilege;
- if it contains references to other individuals;
- if it cannot be disclosed for legal, security, or commercial proprietary reasons, or
- if it is prohibitively costly to provide
New Car Dealers Association of BC,
Chief Privacy Officer,
#70 – 10551 Shellbridge Way,
Richmond BC, V6X 2W9,
Phone: 604-214-9964, Fax: 604-214-99645
Dealer Members with New Car Dealers Association
We represent more than 390 New Car Dealers throughout British Columbia.