privacy policy

Data Collection

KleinData.ca undertakes to collect Your Data by means that are:

  • fair;
  • legal; and
  • transparent.

If you visit KleinData.ca's web-site, your web-browser automatically discloses, and KleinData.ca's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as KleinData.ca). This data may or may not be sufficient to identify you.

If you disclose personal data to KleinData.ca in conjunction with an identifier such as your name or your credit-card details, KleinData.ca will collect Your Data. Moreover, any data that becomes available to KleinData.ca through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.

Subject to the qualifications immediately below, KleinData.ca undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:

  • where KleinData.ca reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where KleinData.ca has a lending exposure to you, and seeks information about your creditworthiness;
  • where KleinData.ca reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering YourData from other sources. This applies in particular to consumer profile data.

Where KleinData.ca collects Your Data from sources other than you, it undertakes:

  • to do so only by legal means;
  • to do so only with your Consent; and
  • to declare to you what sources it uses, and under what circumstances.

KleinData.ca undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

Data Disclosure

Disclosure refers to making YourData available to any party other than KleinData.ca and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

KleinData.ca undertakes to disclose Your Data only under the following circumstances:

  • in the course of business being conducted between You and KleinData.ca, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, KleinData.ca undertakes to exercise control over KleinData.ca's contractors to ensure that their actions are compliant with these Terms;
  • in other circumstances that are directly implied by the purpose agreed between You and KleinData.ca at the time of data collection or subsequently. Where Your Data is disclosed in this way, KleinData.ca undertakes to exercise control over KleinData.ca's contractors to ensure that their actions are compliant with these Terms;
  • with your consent, or at your request;
  • where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, KleinData.ca will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
  • where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where KleinData.ca believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life or health of some person), provided that KleinData.ca will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, KleinData.ca undertakes to disclose only such of Your Data as is necessary in the particular circumstances.

Data Retention and Destruction

Subject to the qualifications immediately below, KleinData.ca undertakes:

  • to retain Your Data only as long as is consistent with its purpose; and
  • to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.

This undertaking is qualified as follows:

  • Your Data may be retained in KleinData.ca's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
  • Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, KleinData.ca:
    • will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
    • will only retain Your Data while that provision is current, and will then destroy Your Data;
  • Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect KleinData.ca's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to KleinData.ca or have committed a breach of the criminal law). In these circumstances, KleinData.ca will only retain Your Data while that situation is current, and will then destroy Your Data.
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