OUR PLEDGE TO YOU
Your privacy is important to us! Sears Canada Inc. (“Sears”) is committed to respecting your privacy through the protection of your Personal Information.
The following outlines our pledge to you:
Purpose and Consent: Before collecting your Personal Information, or at the time of collection, we will explain to you the purpose of collecting it and obtain your consent.
Limiting Collection: Our collection of Personal Information is limited to what is reasonable under the circumstances and your information will be used only for the purpose for which it is collected.
Security: Your Personal Information is kept confidential and secure and is not disclosed to anyone outside our group of companies and our selected third party service providers/business partners without your consent, unless required by law.
Access: You have the right to access your own Personal Information, and to correct any inaccuracies.
Sears has always been, and will continue to be, committed to maintaining the accuracy, confidentiality and security of your Personal Information. As part of this commitment, we have adopted the 10 Principles established by the Canadian Standards Association’s Model Code for the protection of Personal Information. These principles form part of the Personal Information Protection and Electronic Documents Act (the “Act”) and substantially similar provincial laws, which establish rules governing the collection, use and disclosure of Personal Information by the private sector.
Our 10 Privacy Principles:
- Accountability: All Sears associates are responsible for maintaining and protecting all Personal Information under their control. Sears has designated an individual to oversee the company’s compliance with the Act and our 10 Privacy Principles (Associate Vice-President, Corporate Compliance, Sears Canada Inc., 290 Yonge St, Suite 700, Toronto, Ontario, M5B 2C3).
- Identifying Purposes: We will identify the purposes for which Personal Information is collected, either before or at the time of collection.
- Consent: We will only collect, use and disclose your Personal Information with your knowledge and consent, except where otherwise required or permitted by law.
- Limiting Collection: We will limit the collection of your Personal Information to only those details that are necessary for the purposes identified.
- Limiting Use, Disclosure and Retention: Your Personal Information will only be used or disclosed for the purpose for which it was collected, unless you have otherwise consented, or when it is required or permitted by law. We will only retain your Personal Information for the period of time required to fulfill the purposes for which it was collected.
- Accuracy: We will keep Personal Information we collect as accurate, complete and up-to-date as necessary to fulfill the purposes for which it was collected.
- Safeguards: We will protect the Personal Information we collect with security safeguards appropriate to the sensitivity of the information.
- Openness: Information about our policies and practices relating to the management of Personal Information will be made readily available to you.
- Access: At your request, we will inform you of the existence, use and disclosure of your Personal Information, as well as give you access to the information. You have the right to challenge the accuracy and completeness of your information, and to amend it as necessary. (See Access to, and Changing your Personal Information).
- Challenging Compliance: You may contact us with any questions, complaints or suggestions with respect to the above principles.
WHAT IS PERSONAL INFORMATION?
Personal Information is broadly defined as information about an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization. Data we collect with personal identifiers removed, so that it is impossible to determine the identity of the person to whom the information relates, is not considered Personal Information.
Personal Information We Collect
With your consent, we may collect Personal Information from you in person, over the telephone, by mail/e-mail, through the Internet (and other means) or from our selected third party service providers/business partners. The type of information we usually collect and maintain may include your:
- Mailing/street Address
- E-mail Address
- Telephone Numbers
- Date of Birth
- Transaction History
It is always your choice whether or not you provide us with your Personal Information; however, a decision to withhold Personal Information may restrict or prevent us from providing you with a particular product or service. We normally collect Personal Information directly from our customers. We may collect your information from other persons with your consent or as permitted by law.
We inform our customers, before or at the time of collecting personal information, of the purposes for which we are collecting the information. The only time we do not provide this notification is when a customer volunteers information for an obvious purpose (for example, producing a credit card for an in-store purchase when the information will be used only to process the payment).
As you do business with Sears, we may monitor and/or record your telephone conversations with our customer service representatives to ensure service quality. Many areas in Sears retail locations are monitored by closed circuit TV for our mutual protection and safety. Sears is required by Canadian law in some circumstances (such as certain cash (i) merchandise purchases and (ii) payments on Sears credit card accounts) to collect and maintain information about transactions and/or file certain reports with applicable government authorities.
How do we use your information?
Our relationship with you is important to us. We want to provide you with value added service on an ongoing basis and to establish a long-lasting relationship with you that will grow and change to meet your needs.
With your permission, we may collect, use and disclose Personal Information about you to:
- identify you and communicate with you generally
- process your orders and/or applications
- establish and maintain a relationship with you, and to provide you with ongoing service
- develop an understanding of your needs and eligibility for products and services and to bring you offers from Sears or its selected third party service providers-business partners (we may make our customer list available to carefully screened companies whose products or services might interest you)
- administer our loyalty programs, contests, rebates and other promotions
- protect you, and us, against error and fraud
- administer merchandise refunds/exchanges
- provide warranties for products and services
- announce product safety recalls or warnings (if necessary)
- comply with legal requirements
If you have not opted out of the use of your Personal Information for marketing purposes (see below), we may use your contact information (including telephone number and e-mail address) for the marketing (including telephone/e-mail marketing and automated telephone messages) of additional goods, services and special offers that might be of interest to you from us, our affiliates, or our selected third party service providers/business partners. We may disclose your contact information (e.g. name, telephone number, e-mail and mailing address) to our affiliates and selected third party service providers/business partners so that they can send you promotional materials and/or telemarket you directly.
We do not provide directly all the products and services related to your relationship with us. We may use selected third party service providers/business partners to process or handle Personal Information on our behalf and to assist us with various services such as printing, mail/e-mail distribution, marketing (including telemarketing) and product/service fulfillment, and you acknowledge that we may release information about you to them. Some of our selected third party service providers/business partners are located outside of Canada. As a result, your Personal Information may be accessible by regulatory authorities (without notice) in accordance with the laws of other jurisdictions. For more information about our policies and practices with respect to service providers (including those located outside Canada), please contact: Associate Vice-President, Corporate Compliance (D/766), Sears Canada Inc., 290 Yonge St, Suite 700, Toronto, Ontario, M5B 2C3, Fax: (416) 941-2321.
Sears retains your Personal Information only as long as required for our reasonable business and/or legal needs. Your Personal Information may also be used to create statistics about our business. These statistics would not contain any information that could identify you personally. We may disclose and/or transfer Personal Information to an affiliate or third party in the event of a proposed or actual purchase, sale, merger or transfer of all or any portion of Sears or other transaction or reorganization/restructuring.
For merchandise refunds and exchanges, we may ask that you provide us with your name, address and telephone number for audit and fraud prevention purposes. Valid photo ID may be required to confirm this information. This information is collected, used and retained to help us ensure that refunds and exchanges are valid (in each case and over time).
You can choose not to receive direct marketing
We may inform you about products or services by mail, e-mail, text-message, telephone (including using automated telephone messages) or other means. If you do not wish to receive direct marketing, simply contact us and tell us that you do not wish to be contacted in a particular manner. As some solicitation files may have been created prior to your request (e.g. catalogue distribution lists), there may be a period of time after the date of your request during which time you may receive additional Sears marketing.
Types of Consent
Consent can be express or it may be implied in appropriate circumstances. Express Consent can be given by you in writing, in person, electronically, by telephone, or by using a check-off box. Implied Consent may be used by us as a basis for extending new marketing offers or delivering merchandise or catalogues to you. We will not use your implied consent for the use or disclosure of your sensitive Personal Information such as financial data.
Subject to reasonable notice, you may withdraw your consent at any time, unless the Personal Information is necessary for us to fulfil our legal requirements and similar obligations. If you withdraw your consent, we will inform you of the implications of such withdrawal. To withdraw your consent, simply contact us and advise us of what Personal Information you no longer wish us to use. Personal Information may be retained by Sears for reasonable purposes such as billing, audit, archival, warranty, legal/regulatory or product safety recall/warning purposes.
SECURITY & DISCLOSURE
What Safeguards Do We Have in Place?
We know you are concerned about the security of the information you provide to us. To address this concern, we have developed processes and procedures to keep your Personal Information safe and secure. We have appropriate safeguards in place depending on the sensitivity of the information, including
- Physical: Locked filing cabinets
- Technological: Password-protected computers/files.
- Organizational: Sears associates trained in the importance of safeguarding your Personal Information from loss and unauthorized access.
We have taken strong measures to ensure the security of your transactions and the confidentiality of your Personal Information. It is also important that you take all necessary precautions as well to help keep your Personal Information safe and secure at all times. To learn more, you may wish to consult the Office of the Privacy Commissioner of Canada’s Web site and any applicable provincial privacy commissioners for more information.
Disclosure of Your Personal Information
Accessing your Personal Information
Upon written request, you may access and verify your Personal Information and find out to whom we have disclosed it. At the time of your request, we will need specific information from you to verify your identity, before we can provide you with the Personal Information we hold. In addition, you must provide sufficient information in your request to allow us to identify the information you are seeking.
There may be instances when we will not be able to provide you with the Personal Information that you request. Examples are if the Personal Information
- contains references to other persons
- has already been destroyed due to legal requirements or because we no longer needed it for our purposes
- is subject to solicitor-client or litigation privilege
- is not subject to disclosure for other legal reasons
If we refuse a request for access to information, in whole or in part, we will provide the reasons for the refusal. We may also refer you to your federal or provincial privacy commissioner (if applicable) for more information.
Changing your Personal Information
We are committed to maintaining the accuracy of your Personal Information for as long as it is being used for the purposes we have identified. To help us keep your Personal Information up-to-date, we encourage you to notify us of inaccuracies or corrections as often as you wish. Notification of changes such as your address or telephone number will help us provide you with the best possible service.
If you identify any incorrect or outdated information requiring amendment, please contact us. We may ask you to put your request for a correction in writing. We will make the proper changes and, upon your request, provide you with a copy of the corrected information. If we conclude that a correction is not warranted, we will attach a notation to your file regarding your requested change.
If you have questions, concerns, or complaints about your privacy or your Personal Information, you may contact us at the address listed below. We will inform you of our complaint procedures and will assist you in resolving the situation. If a complaint is found to be justified, appropriate measures will be taken including, if necessary, amending our practices and procedures.
Please write to:
Associate Vice-President, Corporate Compliance (D/766)
Sears Canada Inc.
290 Yonge Street, Suite 700
M5B 2C3 (Fax: 416.941.2321)
SECURITY ON SEARS.CA
Sears has worked very hard to develop an online ordering system that allows you to shop worry-free, with the knowledge that the personal information you provide us is safe and secure.
The Secure Order Process: What is “Encryption”?
Our website uses SSL or “Secure Sockets Layer,” an industry standard security protocol. When you click on “checkout,” you will connect with our secure server. SSL sends your browser information that “encrypts” your order, changing all the information that you send back into a code that is extremely difficult to decipher. In fact, despite the impression the news media may have given, there has not been a single documented case of fraud involving the interception of a credit card number transmitted via a secure server over the Internet to date!
*Important* Email is NOT a secure means to send information as it is not encrypted. We strongly encourage you to use our secure ordering process when shopping.
My Credit Card: Am I liable for charges that I don’t make?
At sears.ca, if you make a purchase using a credit card, your card issuer will typically cover all unauthorized charges made on their cards, although they may charge you a $50 deductible. It is always a good idea to check with the institution that issued your card to find out exactly what your liability is.
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