PRIVACY POLICY

> The Cape on Bowen Privacy Policy

This Privacy Policy contains ten principles that are observed by The Cape On Bowen regarding the collection, use and disclosure of personal information.

• The Policy applies to personal information about The Cape On Bowen’s customers and other individuals that is collected, used or disclosed by The Cape On Bowen.

• The Policy does not apply to information about The Cape On Bowen’s corporate customers; however, such information is protected by other The Cape On Bowen policies and practices and through contractual arrangements.

• The Policy does not apply to information about The Cape On Bowen’s employees; however, such information is protected by other The Cape On Bowen policies and practices.

This Policy is subject to change, and may be supplemented or modified by additional terms applicable between The Cape On Bowen and an individual.



> Definitions



“Collection” is the act of gathering, acquiring, recording, or obtaining personal information.



“Consent” is voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express, implied or deemed, and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from an individual’s action or inaction. Deemed consent is consent that is deemed to be given pursuant to applicable legislation or other regulations.



“Disclosure” is making personal information available to a third party.



“Personal information” is information about an identifiable individual, but does not include aggregated information that cannot be associated with a specific individual. Personal information also excludes certain information as is excluded pursuant to applicable legislation or other regulations, such as publicly available information or business contact information, as and when applicable.



“Third party” is an individual or organization outside The Cape On Bowen.



“Use” is the treatment, handling and management of personal information by and within an organization.



Principle 1 - Accountability



1.1 The Cape On Bowen shall designate one or more persons to be accountable for compliance with the Policy. 


1.2 The Cape On Bowen shall make known, upon request, the name of the person or persons designated to oversee The Cape On Bowen’s compliance with the Policy.


1.3 The Cape On Bowen is responsible for personal information in its possession or under its control. The Cape On Bowen shall use appropriate means to protect personal information while information is being processed by a third party on behalf of The Cape On Bowen (see Principle 7).


1.4 The Cape On Bowen shall implement policies and procedures to give effect to the Policy. 


Principle 2 - Identifying Purposes for Collection of Personal Information



2.1 The Cape On Bowen collects personal information for the following purposes: * to establish and maintain a responsible commercial relationship with customers; * for purposes identified to individuals or purposes obvious to individuals, in respect of particular collections of personal information; * to meet legal and regulatory requirements; * to understand needs and preferences of individuals; * to develop, enhance, market and/or provide products and services; * to manage and develop The Cape On Bowen’s business and operations, including transfer of data among affiliated entities.

Further references to “identified purposes” mean the purposes identified in this Principle.



2.2 The Cape On Bowen shall, as appropriate, specify orally, electronically or in writing the identified purposes to the individual at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within The Cape On Bowen who shall explain the purposes.



Principle 3 - Consent



When required by Applicable Law, the knowledge and consent of a Protected Individual are required for the collection, use or disclosure of personal information.

The Cape On Bowen may disclose personal information without knowledge or consent to a lawyer or other advisor representing The Cape On Bowen, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.



3.1 In obtaining consent, The Cape On Bowen shall use reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the individual.


3.2 Generally, The Cape On Bowen shall seek consent to use and disclose personal information at the same time it collects the information. However, The Cape On Bowen may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.


3.3 The Cape On Bowen will require individuals to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is reasonably required to fulfill the identified purposes.


3.4 In determining the appropriate form of consent, The Cape On Bowen shall take into account the sensitivity of the personal information and the reasonable expectations of the individual.


3.5 Where consent is required for a particular use or disclosure, an individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact The Cape On Bowen for more information regarding the implications of withdrawing consent.



Principle 4 - Limiting Collection of Personal Information



The Cape On Bowen shall limit the collection of personal information to that which is necessary for the purposes identified by The Cape On Bowen and as permitted by law. 


4.1 The Cape On Bowen collects personal information primarily from the individual to whom the information relates.


4.2 The Cape On Bowen may also collect personal information from other sources including credit bureaus or other third parties who represent that they have the right to disclose the information, or as otherwise permitted by law. 



Principle 5 - Limiting Use, Disclosure and Retention of Personal Information



The Cape On Bowen shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The Cape On Bowen shall retain personal information only as long as necessary for the fulfillment of those purposes or as required or permitted by law. 



5.1 The Cape On Bowen may disclose an individual’s personal information to: * a person who in the reasonable judgment of The Cape On Bowen is seeking the information as an agent of the individual; * a company or individual employed by The Cape On Bowen to perform functions on its behalf, such as but not limited to research or data processing; * another company or individual for the development, enhancement, marketing or provision of any of The Cape On Bowen’s products and services; * as an agent of the principal(s), The Cape On Bowen reserves the right to disclose all personal information to the principal(s) associated with directed interest of the customer; * an agent used by The Cape On Bowen to evaluate the individual’s creditworthiness or to collect the individual’s account; * a credit reporting agency; * a public authority or agent of a public authority, if in the reasonable judgment of The Cape On Bowen, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; * another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization; * a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.

5.2 Only The Cape On Bowen employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about individuals.


5.3 Depending on the circumstances, where personal information has been used to make a decision about an individual, The Cape On Bowen shall retain, for a reasonable period of time, either the actual information or the rationale for making the decision.

5.4 The Cape On Bowen shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required or permitted by law to be retained. Such information shall be destroyed, erased or made anonymous.


5.5 Where appropriate, The Cape On Bowen may communicate updates of personal information to third parties.



Principle 6 - Accuracy



The Cape On Bowen shall take steps to ensure that personal information is as accurate, complete and up-to-date as is appropriate for its purposes. 



6.1 Personal information used by The Cape On Bowen shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about an individual.


6.2 The Cape On Bowen shall update personal information about individuals as and when reasonably necessary to fulfill the identified purposes or as reasonably requested by the individual.



Principle 7 - Security Safeguards

The Cape On Bowen shall protect personal information by security safeguards appropriate to the sensitivity of the information. 



7.1 The Cape On Bowen shall take appropriate and reasonable steps to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction.


7.2 The Cape On Bowen shall take appropriate and reasonable steps to protect personal information disclosed to third parties, for example by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.



Principle 8 - Openness



The Cape On Bowen shall make readily available to individuals specific information about its policies and practices relating to the management of personal information. 



8.1 Copies of the Policy will be made available upon request.


8.2 The Cape On Bowen shall make information about its policies and procedures easy to understand, including: * the title and addresses of the person or persons accountable for The Cape On Bowen’s compliance with the Policy and to whom inquiries or complaints can be forwarded; * the means of gaining access to personal information held by The Cape On Bowen; and * a description of the type of personal information held by The Cape On Bowen, including a general account of its use.

Principle 9 - Individual Access



Upon request, The Cape On Bowen shall inform an individual of the existence, use and disclosure of his or her personal information, at a minimal or no cost to the individual. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.



9.1 In certain situations, The Cape On Bowen may not be able to provide access to all the personal information that it holds about an individual. For example, The Cape On Bowen may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of an individual. Also, The Cape On Bowen may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a law. If access to personal information cannot be provided, The Cape On Bowen shall, upon request, provide the reasons for denying access.


9.2 In order to safeguard personal information, an individual may be required to provide sufficient identification information to permit The Cape On Bowen to authorize access to the individual’s file. 


9.3 Individuals can seek access to their personal information by contacting a designated representative at The Cape On Bowen.


9.4 The Cape On Bowen will endeavor to respond to all requests within 30 days or, in any event, as required or permitted by applicable law.



Principle 10 - Handling Inquiries and Challenges



An individual shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for The Cape On Bowen’s compliance with the Policy.



10.1 The Cape On Bowen shall maintain procedures for addressing and responding to all inquiries or complaints from individuals about The Cape On Bowen’s handling of personal information.


10.2 The Cape On Bowen shall inform its customers about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with this Policy may seek external advice where appropriate before providing a final response to individual complaints.