Scope, Definitions and General Requirements
1. SCOPE
1.1 This Policy describes the minimum requirements for the protection of personal information. Any applicable legislation will be considered in implementing these requirements.
1.2 This Policy applies to personal information relating to "Customers" as defined in 2.1.
1.3 The objective of this Policy is to assist Wawanesa in developing and implementing practices to be used when managing personal information. In so doing Wawanesa shall balance the right of privacy of Customers, with respect to their personal information, with Wawanesa’s need to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.
1.4 To the extent that this Policy conflicts with applicable legislation, including related regulations, the provisions of such legislation shall prevail.
1.5 To the extent that this Policy omits any rights or obligations, of or for, either Wawanesa or Customers, contained within any applicable legislation, including related regulations, then such provisions are deemed to be incorporated into this Policy.
2. DEFINITIONS
2.1 The following definitions apply in this Policy:
"Collection" – the act of gathering, acquiring or obtaining personal information from any source, including from third parties, by any means. Personal information necessary to carry on the business of P&C insurance for purposes that a reasonable person would consider are appropriate in the circumstances may be collected by Wawanesa, agents, brokers or their authorized agents.
"Consent" – voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of Wawanesa seeking consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the Customer. See commentary in 4.3.1.
"Customer" – individuals about whom Wawanesa collects personal information in order to carry out the business of P&C insurance; and includes individuals who are insureds, former insureds, applicants, claimants, individuals involved in a claim, and individuals insured as part of a group or corporate policy.
“P&C insurers” – insurers licensed in Canada to write any class of insurance other than life insurance.
"Personal information" – shall have the definition provided in applicable personal information protection legislation, including related regulations, and shall include an individual's name, address, telephone number, date of birth, family status, marital status, occupation, medical and health records, assets, liabilities, income, credit rating, whether or not credit was extended or refused to the individual, credit and payment records of the individual, an individual's previous insurance experience including claims history, and an individual's driving record.
3. GENERAL REQUIREMENTS
3.1 The ten principles that make up this Policy are interrelated.
3.1.1 Each principle is followed by a commentary. The commentaries are intended to help Customers of Wawanesa understand the significance and the implications of the principles. Where there is also a "NOTE" following a principle (see principles 3 and 9), it forms an integral part of the principle.
3.1.2 Use of the singular does not exclude the plural (and vice versa) when the sense allows.
