Imperial Tobacco Canada - Business relationship Privacy Policy

Protecting your privacy is important to Imperial Tobacco Canada (“ITCAN”) and its Canadian subsidiaries (ITCAN and its Canadian subsidiaries being hereinafter collectively referred as “Imperial Tobacco”, “we”, “us”). The purpose of this Policy is to explain how we collect, use and disclose the personal information you may provide to us and is meant to comply with all applicable Canadian legislation and, when applicable, with the  General Data Protection Regulation (“GDPR”).

1. Scope and application

The British American Tobacco group (“BAT”) is a family of affiliated companies with operations in more than 180 countries. This Policy applies to and governs the activities of Imperial Tobacco and is meant to exclude the personal information concerning individuals who seek to be, are or were employees of Imperial Tobacco as a specific policy is applicable.

Personal information is any information which relates to an individual and allows that individual to be identified, whatever the nature of its medium and whatever the form in which it is accessible, whether written, graphic, taped, filmed, computerized or other. Information concerning a company or a partnership is not personal information.

This Policy applies to personal information that is in Imperial Tobacco’s possession or that is under its control, including information that it may exchange with other BAT entities and information that it may transfer to a third party for warehousing or processing purposes.

2. Consent

Your consent to the collection, use or disclosure of your personal information must be manifest, free and enlightened. It must be given for specific purposes and in a manner which allows you to understand the nature, purpose and consequences of the collection, use and disclosure of your personal information. Depending on the nature and sensitivity of your personal information, your consent can be express and positive (express and positive consent may be oral, in writing or electronic) or implied (such as providing information voluntarily). Generally, Imperial Tobacco will seek your consent for the collection, use or disclosure of your personal information at the time of collection, except as otherwise required or in cases authorized by law.

Your consent can be withdrawn at any time, subject to legal and contractual restrictions and reasonable notice. Please note that if you choose to withdraw your consent, Imperial Tobacco may not be able to provide you with certain products or services.

3. Collection and use of your personal information

Imperial Tobacco only collects personal information about you that is necessary for the purposes of establishing, managing and maintaining our relationship with you. For example, personal information may be collected when you submit questions, comments or suggestions by telephone or electronically.

Personal information that is collected may include, but is not restricted to, identification information such as your first and last name, your home address, your telephone number and your email address. In conformity with the applicable tobacco legislation, your date of birth and evidence thereof is generally required.

In most circumstances, we will obtain your personal information directly from you. However, we may also collect personal information about you from outside sources with your consent or without your consent if the law so authorizes, such as when the collection from a third person is necessary to ensure the accuracy of the information you have provided, if the source is legally allowed to disclose personal information about you.

For example, Imperial Tobacco may use your personal information for the following purposes:

•  to identify you and establish and maintain our business relationship with you;
•  to provide you with ongoing service, including when you choose to submit questions, comments or suggestions;
•  to improve our products and services;
•  to prevent errors and fraud;
•  to conduct surveys or research activities with adult smokers;
•  to comply with our legal obligations;
•  for  accomplishing  the  above-mentioned  purposes  with  other  BAT  entities  when necessary.

Your personal information shall not be used for purposes other than those described to you without your consent unless as required or authorized by law.

4. Communication of your personal information

Imperial Tobacco recognizes that, except in the cases and under the conditions described hereinafter and as authorized or required by law, the  communication of your personal information requires your consent when your personal information is communicated to a third person.

According to the applicable legislation, for example, personal information about you may be communicated by Imperial Tobacco, without your consent, to the following persons:

•  to our legal counsel;
•  to a person or body having the power to compel communication of the information if it is required in the exercise of his or its duties or functions including to comply with a subpoena, a warrant or rules of the Court pertaining to the production of documents;
•  to a person or body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his or its duties and if the information is needed for the prosecution of an offence under applicable law;
•  to a person to whom it is necessary to communicate the information under applicable law.

Access within Imperial Tobacco also does not require your consent but is strictly limited to the persons for whom such information is necessary for the performance of their functions and duties. Unauthorized access to or disclosure of your personal information by an Imperial Tobacco employee is strictly prohibited and will result in appropriate disciplinary measures.

Similarly, the exchange of your personal information between Imperial Tobacco and other BAT entities does not require your consent if the personal information is necessary to allow these entities to assist Imperial Tobacco for the purposes of establishing, managing and maintaining our business relationship. Imperial Tobacco may also share your personal information, without your consent, with its agents, mandataries, consultants, data processors and other service providers if the personal information is necessary to allow these entities to further assist Imperial Tobacco for the purposes of administering our relationship. In such cases, your personal information will be used exclusively to provide specific services and will be kept confidential in accordance with this Policy.

Please note that in the event that the third party to whom Imperial Tobacco discloses personal information about you is located in a foreign jurisdiction, local laws may otherwise allow your personal information to be accessed by third parties without your consent.

5. Accuracy and safeguards

Imperial Tobacco has put in place a series of security safeguards to protect your personal information against loss and theft, as well as unauthorized access, disclosure, copying, use and modification, regardless of the format in which the information is held.

These security safeguards include physical measures, organizational measures and technological measures 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.

Imperial Tobacco also takes the necessary measures to ensure that all its managers and employees are informed on the contents of this Policy and understand that they are required to conform to it at all times.

Imperial Tobacco further recognizes that it is important to keep personal information accurate, complete and up-to-date and takes reasonable steps to ensure the accuracy and completeness of the personal information it uses and discloses. However, you are responsible to inform Imperial Tobacco of any significant change in your personal information which may occur during the course of our business relationship.

Imperial Tobacco will keep your personal information for the time required to fulfill the identified purposes, its legitimate business purposes and to conform to the legislative requirements.

When required by law, Imperial Tobacco will notify any competent authority without undue delay of any breach of security if there are reasons to believe that the breach creates a real risk of harm to your personal information and will also notify you as soon as possible. Imperial Tobacco will keep a record of such security breach.

6. Access and rectification requests

You have the right to request to consult and to obtain communication of your personal information which is contained in a file held by Imperial Tobacco. You can also request that information which is inaccurate, incomplete or equivocal be rectified and that information not justified by the purpose of the file be deleted.

All questions or concerns regarding this Policy or about the collection, use and disclosure of your personal information, including requests for access, rectification or complaints, should be made in writing to Imperial Tobacco’s Privacy Officer:

Privacy Officer
Imperial Tobacco Canada Limited
3711, St-Antoine Street West
Montréal (Québec) H4C 3P6

data_protection_donnees@bat.com

Imperial Tobacco will respond to every request for access, rectification and complaint within 30 days of receiving the written request. In the event that Imperial Tobacco cannot provide access to or rectify your personal information, it will inform you of the reasons why, subject to any legal or regulatory restrictions, and it will provide you with any recourse available. Every complaint is confidential and will be investigated by Imperial Tobacco’s Privacy Officer. If you are not satisfied with the way Imperial Tobacco respond to your requests or handle your personal information, you may file a complaint to the competent supervisory authority, such as the Commission d’accès à l’information du Québec ( http://www.cai.gouv.qc.ca/) or the Office of the Privacy Commissioner of Canada ( https://www.priv.gc.ca/).

7. Processing of personal information of individuals in the European Economic Area (EEA)

This section only applies to the processing of personal information in the EEA, to the extent that such processing occurs while the individuals concerned are in that area and where the processing activities are related to offering goods or services or the monitoring of their behaviour that takes place in the EEA. The provisions of this section shall take precedence over other provisions of the Privacy policy, insofar as they deviate from each other.

7.1 Consent

If your consent is given in a written declaration that relates to other matters, Imperial Tobacco will make sure that the request for consent to the processing of personal information is clearly distinguishable. Imperial Tobacco is required to obtain your explicit consent for the processing of data relating to ethnic origin, a person’s sex life or sexual orientation, political opinions, religious or philosophical beliefs or trade union membership, data concerning health or genetic or biometric data.

7.2 Collection, retention and use of personal information

As stated above, Imperial Tobacco will not keep personal information for longer than necessary to achieve the purposes for which it was collected and Imperial Tobacco will make reasonable efforts to specify in advance the time period during which personal information will be retained, or the criteria used to determine that period.

7.3 Automated decision-making

Imperial Tobacco recognizes that you have the right to know if your personal information is being processed by an automated decision-making process. Upon request, Imperial Tobacco will provide you with information about the reasoning behind the automation. Unless otherwise required or authorized by law, you have the right not to be subjected to a decision based solely on automated decision-making process, if said decision produces legal effect on you.

7.4 Data protection impact assessment

Imperial Tobacco will carry out a data protection impact assessment prior to using new technologies if it is likely to result in a high risk to the rights and freedoms of individuals, including the right to privacy.

7.5 Right to erasure

If the law so authorizes, you have the right to obtain from Imperial Tobacco the erasure of your personal information without undue delay.

7.6 Accuracy and safeguards

Imperial Tobacco will implement, before the collection of personal information, appropriate technical and organizational measures such as pseudonymisation and data minimisation.

Imperial Tobacco only shares personal information with other BAT entities or outside agents, mandataries, consultants, data processors or service providers which provide sufficient guarantees that appropriate safeguards are in place to protect individuals’ personal information. The processing of personal information by BAT or outside agents, mandataries, consultants, data processors or service providers is governed by a contract or another legal document.

7.7 Accountability

Imperial Tobacco ensure it can account for and demonstrate compliance with the GDPR in its processing of personal information. This is notably achieved by maintaining a record of processing when applicable, and training its employees on data protection compliance.

7.8 Complaint procedures, right of access and rectification

Imperial Tobacco will facilitate your right to access, rectify and obtain your personal information. You can always obtain from Imperial Tobacco a confirmation as to whether or not your personal information is being processed.

Any rectification or erasure of your personal information shall be communicated to each third party to whom the personal information has been disclosed.

8. Modifications to the Policy

We reserve the right to change this Policy at any time.

Effective the 21 day of December 2012. Last updated on February 23, 2021 (only the Privacy Officer’s title and email address were updated. No other changes were made to this document since the previous update on January 14, 2019).