PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW). IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
Last Modified: June 13th, 2016
Acceptance of Terms of Service
Changes to Terms of Service
Right to Change Terms. PBSC may amend this Agreement or any section of this Agreement, in whole or in part, at any time by posting amendments to its Site from time to time.
Notice of Amendment. Unless PBSC makes a change for legal or administrative reasons, PBSC will provide reasonable advance notice before the amendment become effective. You agree that PBSC may notify you of the amendment by posting them on the Site.
Effective Date of Amendment. Any amendment made to this Agreement will be effective as of your next use of the Site subsequent to such amendment.
Acceptance of Amendment. Your use of the Site after the effective date of an amendment constitutes your agreement to such amendment. You should review such amendment before using the Site.
Use of Site
Access. Subject to your full compliance with this Agreement, PBSC grants you during the term of this Agreement a limited, non-exclusive, non-transferable authorization to access the Site for your personal and non-commercial use.
Proprietary Rights. All right, title, and interest in and to the Site are and will remain the exclusive property of PBSC and its licensors. The Site is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site.
User Conduct. You may not engage in any of the following prohibited activities:
accessing, tampering with, or using any non-public areas of the Site;
attempting to probe, scan, or test the vulnerability of the Site or any related system or network or breach any security or authentication measures used in connection with the Site and such systems and networks;
copying, distributing, licensing, loaning, publicly displaying, publicly performing, sublicensing or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
modifying, altering or creating any derivative works of the Site, including removing or obscuring any copyright, trademark, or other proprietary rights notice on or in the Site;
using any automated system, including without limitation “robots”, “spiders,” “offline readers,” etc., to access the Site;
attempting to decipher, decode, decompile, decrypt, disassemble or reverse engineer any part of the Site or otherwise attempt to derive any source code from the Site;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
harming or threatening to harm other users in any way or interfering with, or attempting to interfere with, the access of any user, host or network;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Site;
collecting or harvesting any personally identifiable information, including account names, from the Site;
using the Site for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Site;
accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or
using the Site in an abusive way contrary to its intended use, to its documentation or to PBSC’s reasonable instructions.
Content Ownership. You retain all ownership rights to content uploaded to the Site, if any.
Content License. By submitting content to or through the Site, you grant PBSC a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and PBSC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
The Site may contain links to third-party websites or resources. You acknowledge and agree that PBSC is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PBSC of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. PBSC cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. PBSC disclaims any responsibility or liability related to your access or use of any third party content.
You acknowledge that:
PBSC or its licensors own the Site and all intellectual property rights in and to it;
The Site may now or later contain third party software that requires notices or additional terms, and if so, those notices and additional terms are incorporated by reference into this Agreement;
PBSC and its affiliates may collect and use non-personal technical information gathered as part of PBSC operation of the Site, if any. PBSC may use this information to improve its products and services, including the Site; and
PBSC has no obligation whatsoever resulting from this Agreement to furnish any maintenance and support services with respect to the Site.
Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
Termination by PBSC. PBSC may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, PBSC may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to PBSC or any third party.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PBSC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SITE, INCLUDING THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE WILL BE UNINTERRUPTED, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS OR PROBLEMS (“PROBLEMS”) OR THAT ALL PROBLEMS IN THE SITE WILL BE CORRECTED. PBSC PROVIDES THE SITE “AS IS” AND “AS AVAILABLE” WITH ALL ITS FAULTS, DEFECTS AND ERRORS, AND WITHOUT ANY WARRANTY.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PBSC’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT:
ALL INFORMATION PROVIDED THROUGH THE SITE IS PROVIDED TO YOU FOR YOUR CONVENIENCE ONLY, WITHOUT ANY WARRANTY OF ANY KIND REGARDING ITS ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR QUALITY.
PBSC IS NOT PARTY TO ANY CONTRACTS WHICH MAY BE FORMED BETWEEN USERS OF THE SITE AS A RESULT OR IN THE COURSE OF THE USE OF THE SITE;
PBSC CANNOT BE OBLIGED TO PROVIDE ANY DISPUTE RESOLUTION SERVICES TO USERS AND CANNOT BE HELD RESPONSIBLE FOR ANY SITUATION ARISING FROM CONFLICTS BETWEEN USERS OR FROM ANY MALICIOUS OR FRAUDULENT ACT OR ACTIVITY BY ANY USER.
Limitation of Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PBSC AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR YOUR USE OF OR INABILITY TO USE THE SITE, ITS CONTENT OR ANY ASSOCIATED SERVICE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE, WHETHER FORESEEABLE OR NOT, AND EVEN IF PBSC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PBSC IS FOUND LIABLE TO PAY YOU ANY DAMAGES, PBSC’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $10 (CAD). THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY RELEASE PBSC FROM ANY LIABILITY RESULTING FROM INCONVENIENCES OR LATE FEES BY REASON OF YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE SITE.
You agree to defend, indemnify, and hold harmless PBSC, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site. PBSC may assume the exclusive defense and control of any matter for which you have agreed to indemnify PBSC and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.
For any dispute you have with PBSC, you agree to first contact PBSC and attempt to resolve the dispute informally. If PBSC has not been able to resolve the dispute with you informally, each Party agrees to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration in accordance with provision of the Code of Civil Procedure in the Canadian province of Quebec, except as provided herein. The seat of the arbitration shall be the city of Montreal in the Canadian province of Quebec. The languages of the arbitral proceedings shall be English or French.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts.
All claims must be brought in the Parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless PBSC agree otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into these terms, you and PBSC are each waiving the right to participate in a class action.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
This Agreement is the entire and exclusive agreement between PBSC and you regarding the Site, and this Agreement supersedes and replaces any prior agreements between PBSC and you regarding the Site.
A Party’s failure or neglect to enforce any of rights under this Agreement will not be deemed to be a waiver of that Party’s rights.
PBSC may deliver any notice required by this Agreement via pop-up window, dialog box or on-screen device, even though you may not receive the notice until you next access to the Site. Any such notice will be deemed delivered on the date we first make it available through the Site.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of PBSC which consent is within PBSC’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. PBSC shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and PBSC.
If a particular provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
The headings used in this Agreement and its division into sections and other subdivisions do not affect its interpretation.
Feedback AND CONTACT
You hereby grant PBSC a perpetual, irrevocable, worldwide license to use any suggestion or idea for modifying any of PBSC’s products or services, including without limitation all intellectual property rights in any such suggestion or idea (“Feedback”) that you communicate to PBSC during the Term, without compensation, without any obligation to report on such use, and without any other restriction. PBSC’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. PBSC welcomes any comment, question and communication at Contact below.
If you have any concern, end-user question, feedback or complaint or claims regarding the Site or this Agreement, please contact PBSC at:
By phone: (450) 748-7272 between 9AM and 5PM, Standard Eastern Time
By mail: PBSC Urban Solutions Inc.
Longueuil (QC) J4G 2H9 CANADA
By e-mail: email@example.com
PBSC Personal Information Protection Policy
Last revision on January 15th 2016
The Personal Information Protection Policy of PBSC Urban Solutions Inc. (“PBSC”) is modeled after the principles set out in the national standard of Canada entitled “Model code for the protection of personal information” (CAN/CSA-Q830-96).
Nothing in this Personal Information Protection Policy (the “Policy”) has the effect of creating obligations for PBSC beyond those imposed by applicable laws and regulations pertaining to protection of personal information.
In this Policy:
“Personal Information” means any information which relates to a natural person and allows that person to be identified.
“Individual” or “you” refer to you as a customer of PBSC or as a user of any of its services.
This Policy covers the following aspects of Personal Information protection:
Limited use, disclosure and retention
SUMMARY OF THE POLICY
ACCOUNTABILITY: PBSC has designated an individual or individuals accountable for PBSC’s compliance with this Policy.
PURPOSES: The purposes for which Personal Information is collected will generally be identified by PBSC at or before the time the information is collected.
CONSENT: Your knowledge and consent are required for the collection, use, or disclosure of your Personal Information, except where inappropriate.
LIMITED COLLECTION: The collection of Personal Information will be limited to that which is necessary for the purposes identified by PBSC. Information will be collected by fair and lawful means.
LIMITED USE, DISCLOSURE AND RETENTION: Personal Information will not be kept, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.
ACCURACY: Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
SAFEGUARDS: Personal Information will be protected by security safeguards appropriate to the sensitivity of the information.
OPENNESS: PBSC will make readily available to you specific information about its policies and practices relating to the management of Personal Information.
INDIVIDUAL ACCESS: Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will be given access to that information. You will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
CHALLENGING COMPLIANCE: You may address a challenge concerning PBSC’s compliance with this Policy to the designated individual or individuals accountable for such compliance.
MANAGEMENT OF PERSONAL INFORMATION
The name or title and the address, of the person who is accountable for PBSC’s policies and practices and to whom complaints or inquiries can be forwarded are:
1120, Marie-Victorin Blvd.
DETAILS OF THE POLICY
PBSC has designated an individual or individuals accountable for PBSC’s compliance with the following Policy.
Accountability for PBSC’s compliance with this Policy rests with the designated individual(s), even though other individuals within PBSC may be responsible for the day-to-day collection and processing of Personal Information. Other individuals within PBSC may be delegated to act on behalf of the designated individual(s).
The identity of the individual(s) designated by PBSC to oversee PBSC’s compliance with this Policy will be made known upon request.
The purposes for which Personal Information is collected will generally be identified by PBSC at or before the time the information is collected.
PBSC will document the purposes for which Personal Information is collected depending upon the way in which the information is collected, this can be done orally or in writing. An online application form or notes related thereto, for example, may give notice of the purposes.
Identifying the purposes for which Personal Information is collected at or before the time of collection allows PBSC to determine the information it needs to collect to fulfil these purposes. PBSC will collect only the information necessary for the purposes that have been identified.
The current purposes for which PBSC may collect your Personal Information include:
Providing, maintaining and improving PBSC services (the “Services”);
Allowing PBSC to perform internal operations in relation with its Services;
Sending or facilitating communications between PBSC and you in relation with the Services;
Tracking data related to the Services;
Personalizing and improving the Services.
When Personal Information that has been collected is to be used for a purpose not previously identified, the new purpose will be identified and documented prior to use. Unless the new purpose is required by law, the consent of the Individual will be requested before information can be used for that purpose.
PBSC will be able to explain to Individuals the purposes for which the information is being collected.
Your knowledge and consent are required for the collection, use or disclosure of Personal Information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.)
Consent to the collection, communication or use of Personal Information will be manifest, free and enlightened, and will be given for specific purposes. Such consent will be valid only for the length of time needed to achieve the purposes for which it was requested.
Typically, PBSC will seek consent for the use or disclosure of the information at or before the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when PBSC wants to use information for a purpose not previously identified).
To make the consent meaningful, the purposes for which the information will be used will be stated in such a manner that the Individual can reasonably understand how the information may be used or disclosed.
PBSC will not, as a condition of the supply of a product or service, require an Individual to consent to the collection, use or disclosure of information beyond that required to fulfil the purposes.
The form of the consent sought by PBSC may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, PBSC will take into account the sensitivity of the information.
The way in which PBSC seeks consent may vary, depending on the circumstances and the type of information collected. PBSC will generally seek express consent when the information is likely to be considered sensitive. Implied consent may generally be appropriate when the information is less sensitive. Consent can also be given by an authorized representative (such as a legal guardian or a person having power of attorney). Consent will not be obtained through deception.
Individuals can give consent in many ways. For example:
an online application form may be used to seek consent, collect information and inform the Individual of the use that will be made of the information. By completing and sending the form, the Individual is giving consent to the collection and the specified uses;
a checkbox may be used to allow individuals to agree that their names and addresses be given to other organizations;
consent may be given orally when information is collected over the telephone; or
consent may be given at the time that Individuals use a product or service.
An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.
Consent to the communication of Personal Information from a third person may be given by the Individual to PBSC in order to collect the information from the third person.
PBSC will collect Personal Information only from the Individual, unless the latter consents to collection from third persons. However, PBSC may, without the consent of the Individual, collect Personal Information from a third person if the law so authorizes. It may also do so if it has a serious and legitimate reason and either of the following conditions is fulfilled:
the information is collected in the interest of the Individual and cannot be collected from him in due time;
collection from a third person is necessary to ensure the accuracy of the information.
The collection of Personal Information will be limited to that which is necessary for the purposes identified by PBSC. Information will be collected by fair and lawful means.
PBSC will specify the type of information collected as part of their information-handling policies and practices. Personal Information collected may include, but is not limited to:
Usage of the Services
PBSC may establish a file on an Individual.
PBSC may not refuse to respond to a request for goods or services or to a request relating to employment by reason of the applicant’s refusal to disclose Personal Information except where:
collection of that information is necessary for the conclusion or performance of a contract
collection of that information is authorized by law; or
there are reasonable grounds to believe that the request is not lawful.
LIMITED USE, DISCLOSURE AND RETENTION
Personal Information will not be kept, used or disclosed for purposes other than those for which it was collected, except your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.
PBSC will develop guidelines and implement procedures with respect to the retention and destruction of Personal Information. These guidelines and procedures will include minimum and maximum retention periods. (PBSC may be subject to legislative requirements with respect to retention periods.)
PBSC will not communicate to a third person the Personal Information on an Individual unless the Individual consents thereto or such communication or use is provided for by law.
For instance, in the carrying on of its enterprise, PBSC’s authorized employees, mandataries or agents or any provider in to a contract with PBSC for work or services may have access to Personal Information without the consent of an Individual if the information is needed for the performance of their duties or the carrying out of their mandates or contracts.
PBSC may, without the consent of the Individual, communicate Personal Information contained in a file to an archival agency if the archival agency is a person whose object is the acquisition and preservation of documents for their general informational value and if the information is communicated as part of the transfer or deposit of the archives of PBSC.
Personal Information may also be communicated without the consent of the Individual for research purposes if the documents containing the information are not structured so as to allow retrieval by reference to an Individual’s name or identifying code or symbol and the information cannot be retrieved by means of such a reference.
Any person holding Personal Information on behalf of PBSC may refer to the latter every request for access or rectification received from an Individual to whom Personal Information relates.
Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Personal Information that is used on an ongoing basis, including information that may be disclosed to third parties, will be generally accurate and up-to-date, unless limits to the requirement for accuracy are set out.
PBSC will not routinely update Personal Information, unless such a process is necessary to fulfil the purposes for which the information was collected.
The extent to which Personal Information will be accurate, complete and up-to-date will depend upon input (i) from the Individual or (ii) resulting from data generated by the Individual using PBSC products or services, and the use of the information, taking into account the interests of the Individual.
Personal Information will be protected by security safeguards appropriate to the sensitivity of the information.
PBSC will take the security measures necessary to ensure the protection of the Personal Information collected, used, communicated, kept or destroyed and that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.
The security safeguards of PBSC will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information and the method of storage.
The methods of protection will include:
physical measures (such as restricted access to offices);
organizational measures (such as security clearances); and
technological measures (such as the use of passwords).
PBSC will make its employees aware of the importance of maintaining the confidentiality of Personal Information, and care will be used in the disposal or destruction of Personal Information, to prevent unauthorized parties from gaining access to the information.
PBSC will make readily available to you specific information about its policies and practices relating to the management of Personal Information.
PBSC is open about its policies and practices with respect to the management of Personal Information. Individuals will be able to acquire information about PBSC’s policies and practices without unreasonable effort. This information will be made available in a form that is generally understandable.
The information made available includes:
the name or title and the address, of the person who is accountable for PBSC’s policies and practices and to whom complaints or inquiries can be forwarded;
the means of gaining access to Personal Information held by PBSC;
a description of the type of Personal Information held by PBSC, including a general account of its use; and
what Personal Information is made available to related organizations (e.g. affiliates such as subsidiaries and parent organizations).
PBSC may make information on its policies and practices regarding Personal Information Protection available in a variety of ways. The method chosen depends on the nature of its business and other considerations.
Upon request, an Individual will be informed of the existence, use and disclosure of his or her Personal Information and will generally be given access to that information. An Individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Upon request, PBSC will inform an Individual whether or not PBSC holds Personal Information about the Individual and may indicate the source of this information. PBSC will generally allow the Individual access to this information. An individual may be required to provide sufficient information to permit PBSC to provide an account of the existence, use and disclosure of Personal Information.
An individual is entitled to obtain that any Personal Information collected otherwise than according to law be deleted.
No request for access, rectification or deletion may be considered unless it is made in writing by an Individual who proves that he is the person concerned (or the representative, heir or successor of that person, the liquidator of the succession, a beneficiary of life insurance or of a death benefit or the person having parental authority even if the minor child is dead).
PBSC, when holding a file that is the subject of a request for access, rectification or deletion by an Individual, will respond to that request within a reasonable time after receipt of the request. The requested information will be provided or made available in a form that is generally understandable. (For example, if PBSC uses abbreviations or codes to record information, an explanation will be provided.)
In certain situations, PBSC may not be able to provide access to all the Personal Information it holds about an Individual. Exceptions to the access requirement are meant to be limited and specific. The reasons for denying access will be provided to the Individual upon request.
Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons and information that is subject to solicitor-client or litigation privilege.
PBSC may refuse to communicate Personal Information to the Individual it concerns where disclosure of the information would be likely to hinder an inquiry the purpose of which is the prevention, detection or repression of crime or statutory offences.
PBSC will refuse to give communication of Personal Information to an Individual to whom it relates where (i) disclosure would be likely to reveal Personal Information about a third person or the existence of Personal Information and (ii) the disclosure may seriously harm that third person, unless the latter consents to the communication of the information or in the case of an emergency that threatens the life, health or safety of the Individual.
A reasonable charge may be required from an Individual requesting the transcription, reproduction or transmission of Personal Information.
An Individual may address a challenge concerning compliance with this Policy to the designated individual or individuals accountable for PBSC’s compliance.
PBSC has put procedures in place to receive and respond to complaints or inquiries about their policies and practices relating to the handling of Personal Information. The complaint procedures will be easily accessible and simple to use.
PBSC will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
PBSC will investigate all complaints. If a complaint is found to be justified, PBSC will take appropriate measures, including, if necessary, amending its policies and practices.
When a challenge is not resolved to the satisfaction of the Individual, the substance of the unresolved challenge will be recorded by PBSC.