AMJ CAMPBELL INTERNATIONAL CANADA PRIVACY POLICY

Policy, Scope and Objectives

1.1. General
1.2. Scope
1.3. Objectives of the PIMS
1.4. Commitments

The Board of Directors and management of AMJ Campbell International Canada (AMJ) are committed to compliance with all relevant CANADIAN and EU laws in respect of personal data, and to protecting the “rights and freedoms” of individuals whose information AMJ Campbell International Canada collects in accordance with the General Data Protection Regulation (GDPR). To that end, AMJ has developed, implemented, maintains and continuously improves a documented personal information management system (‘PIMS’). The scope of the PIMS includes the whole of AMJ.

AMJ’s objectives for the PIMS are that it should enable AMJ to meet its own requirements for the management of personal information; that it should support organizational objectives and obligations; that it should impose controls in line with AMJ’s acceptable level of risk; that it should ensure that AMJ meets applicable statutory, regulatory, contractual and/or professional duties; and that it should protect the interests of individuals and other key stakeholders.

AMJ is committed to complying with data protection legislation and good practice including:

Processing personal information only where this is strictly necessary for legitimate organizational purposes

Collecting only the minimum personal information required for these purposes and not processing excessive personal information

Providing clear information to individuals about how their personal information will be used and by whom

Only processing relevant and adequate personal information

Processing information fairly and lawfully

Maintaining an inventory of the categories of personal information processed by AMJ

Keeping personal information accurate and where necessary, up to date

Retaining personal information only for as long as is necessary for legal or regulatory reasons or for legitimate organizational purposes

Respecting individuals’ rights in relation to their personal information, including their right of subject access

Keeping all personal information secure

Only transferring personal information outside the EU in circumstances where it can be adequately protected

The application of the various exemptions allowable by data protection legislation

Developing and implementing a PIMS to enable the policy to be implemented

Where appropriate, identifying internal and external stakeholders and the degree to which these stakeholders are involved in governance of AMJ’s PIMS

The identification of workers with specific responsibility and accountability for the PIMS 1.5. AMJ has notified the Information Commissioner that it is a data controller and that it processes certain information about data subjects. AMJ has identified all the personal data that it processes and this is contained in the Data Inventory Register.

1.6. A copy of the ICO notification details is retained by Data Protection Officer.

1.7. The ICO Notification is renewed annually.

1.8. The Data Protection Officer is responsible, each year, for reviewing the details of notification, in the light of any changes to AMJ’s activities (as determined by changes to the Data Inventory Register and the management review) and to any additional requirements identified by means of data protection impact assessments.

1.9. The policy applies to all AMJ employees and interested parties of AMJ such as outsourced suppliers. Any breach of the GDPR or the PIMS will be dealt with under the company’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.

1.10. Partners and any third parties working with or for AMJ, and who have or may have access to personal information, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by AMJ without having first entered into a data confidentiality agreement which imposes on the third party obligations no less onerous than those to which AMJ is committed, and which gives AMJ the right to audit compliance with the agreement.

2. Background to the GDPR 2.1 The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of living individuals, and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
3. Definitions Used by AMJ (drawn from the GDPR)

Territorial Scope – the GDPR will apply to all data controllers that are established in the EU who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour to data subjects who are resident in the EU.

Establishment- the main establishment of the data controller in the EU will be the place in which the controller makes the main decisions as to the purpose of its data processing activities. The main establishment of a processor in the EU will be its administrative center. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities.

Personal Data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Special Categories of Personal Data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Data Controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Data Subject – any living individual who is the subject of personal data held by an organisation.

Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling – – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyses, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

Personal Data Breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the data controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.

Data Subject Consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained. AMJ Privacy Policy 21/05/2018 Page 3 of 8

3 Third Party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

Filing System – any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.

4. Responsibilities Under the General Data Protection Regulation

4.1 AMJ is a data controller and a data processor under the GDPR

4.2. The management team and all those in managerial or supervisory roles throughout AMJ are responsible for developing and encouraging good information handling practices within the organisation; responsibilities are set out in individual job descriptions.

4.3. The Data Protection Officer, a member of the senior management team, is accountable to the Board of Directors of AMJ for the management of personal information within AMJ and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes: 4.3.1. Development and implementation of the PIMS as required by this policy.

4.3.2. Security and risk management in relation to compliance with the property.

4.4. The Data Protection Officer who the Board of Directors considers to be suitably qualified and experienced, has been appointed to take responsibility for AMJ’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that AMJ complies with the GDPR, as do the management team and supervisors in respect of data processing that takes place within their area of responsibility.

4.5. The Data Protection Officer has specific responsibilities in respect of procedures such as the Subject Access Request procedure and are the first point of call for employees seeking clarification on any aspect of data protection compliance.

4.6. Compliance with data protection legislation is the responsibility of all members of AMJ who process personal information.

4.7. AMJ’s Training Policy sets out specific training and awareness requirements in relation to specific roles and to members of AMJ generally.

4.8. Employees of AMJ are responsible for ensuring that any personal data supplied by them, and that is about them, to AMJ is accurate and up-to-date.

5. Risk Assessment

Objective: To ensure that AMJ is aware of any risks associated with the processing of particular types of personal information.

AMJ has a process for assessing the level of risk to individuals associated with the processing of their personal information. Assessments will also be carried out in relation to processing undertaken by other organizations on behalf of AMJ. AMJ shall manage any risks which are identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.

Where a type of processing, in particular using new technologies, is likely to result in a high risk to the “rights and freedoms” of natural persons (taking into account the nature, scope, context and purposes of the processing) AMJ shall, prior to the processing, carry out an assessment (a Data Protection Impact Assessment) of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks. Where, as a result of a Data Protection Impact Assessment, it is clear that AMJ is about to commence processing of personal information that could cause damage and/or distress to the data subjects, the decision as to whether or not AMJ may proceed must be escalated for review to the Data Protection Officer. The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, consult with the relevant authority. Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level, to ensure compliance with the GDPR.

6.Data Protection Principles

6.1. Personal data must be processed lawfully, fairly and transparently 6.1.1. the identity and contact details of the controller and if applicable of the controller’s representative.

6.1.2. the contact details of the Data Protection Officer where applicable.

6.1.3. the purposes of the processing for which the personal data are intended as well as the legal basis for processing.

6.1.4. the period for which the personal data will be stored

6.1.5. the existence of the rights to request access, rectification, erasure or to object to the processing.

6.1.6. the categories of personal data concerned.

6.1.7. the recipients or categories of recipients of the personal data, where applicable.

6.1.8. where applicable that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data.

6.1.9. any further information necessary to ensure fair processing.

6.2. Personal data can only be collected for specified, explicit and legitimate purposes

6.3. Personal data must be adequate, relevant and limited to what is necessary for processing. 6.3.1. The Data Protection Officer is responsible for ensuring that information, which is not strictly necessary for the purpose for which it is obtained, is not collected.

6.3.2. All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be approved by the Data Protection Officer.

6.3.3. The Data Protection Officer will ensure that, on an annual basis all data collection methods are reviewed by internal audit to ensure that collected data continues to be adequate, relevant and not excessive.

6.3.4. If data is given or obtained that is excessive or not specifically required by AMJ’s documented procedures, the Data Protection Officer is responsible for ensuring that it is securely deleted or destroyed in line with the data destruction policy.

6.4. Personal data must be accurate and kept up to date 6.4.1. Data that is kept for a long time must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.

6.4.2. The Data Protection Officer is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.

6.4.3. It is also the responsibility of individuals to ensure that data held by AMJ is accurate and up-to-date. Completion of an appropriate registration or application form for example will be taken as an indication that the data contained therein is accurate at the date of submission.

6.4.4. AMJ Employees / Customers / Others should notify AMJ of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of AMJ to ensure that any notification regarding change of circumstances is noted and acted upon.

6.4.5. The Data Protection Officer is responsible for ensuring that appropriate additional steps are taken to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.

6.4.6. On at least an annual basis, the Data Protection Officer will review all the personal data maintained by AMJ, by reference to the Data Inventory Register, and will identify any data that is no longer required in the context of the registered purpose and will arrange to have that data securely deleted/destroyed in line with the company’s data destruction policy.

6.4.7. The Data Protection Officer is responsible for making appropriate arrangements that, where third party organizations may have been passed inaccurate or out-of-date personal information, for informing them that the information is inaccurate and/or out-of-date and is not to be used to inform decisions about the individuals concerned and for passing any correction to the personal information to the third party where this is required.

6.5. Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing

All processing of personal data must be done in accordance with the following data protection principles and AMJ’s policies and procedures are designed to ensure compliance with them.

GDPR introduces the requirement for transparency whereby the controller has transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ “rights and freedoms”. Information must be communicated to the data subject in an intelligible form using clear and plain language.

The specific information that must be provided to the data subject must as a minimum include:

Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the Information Commissioner as part of AMJ’s GDPR registration.

6.5.1. Personal data will be retained in line with the retention of records procedure and once its retention date is passed, it must be securely destroyed as set out in the procedure.

6.5.2. The Data Protection Officer must specifically approve any data retention that exceeds the retention periods defined in the data retention policy and must ensure that the justification is clearly identified and in line with the requirements of data protection legislation.

6.6. Personal data must be processed in a manner that ensures its security

6.7. Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

6.8. Personal data shall note be transferred to a country or territory outside the European Union unless that country or territory ensures an adequate level of protection for the ‘rights and freedoms’ of data subjects in relation to the processing of personal data. 6.8.1. Safeguards

These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed. AMJ’s compliance with this principle is contained in the company’s IT security policy.

An assessment of the adequacy of protection by the data controller taking into account the following factors:

• the nature of the information being transferred
• the country or territory of the origin and final destination of the information
• how the information will be used and for how long
• the laws and practices of the country of the country, including relevant codes of practice and international obligations 6.8.2. Model contract clauses 6.8.3. Exceptions

AMJ may adopt approved model contract clauses for the transfer of data outside of the EU. If AMJ adopts the model contract clauses approved by the relevant Supervisory Authority, there is an automatic recognition of adequacy.

A transfer of personal data to a third country, or an international organization, shall take place only on one of the following conditions:

the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject

the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request

the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person

the transfer is necessary for important reasons of public interest

the transfer is necessary for the establishment, exercise or defence of legal claims

the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent

the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case.

6.9. Accountability

GDPR introduces the principle of accountability which states that the data controller is not only responsible for ensuring compliance but for demonstrating that each processing operation complies with the requirements of the GDPR. Specifically, controllers are required to maintain necessary documentation of all processing operations, implement appropriate security measures, perform DPIAs (Data Processing Impact Assessments), comply with requirements for prior notifications, or approval from supervisory authorities and appoint a Data Protection Officer if required.

7.Data Subjects’ Rights

7.1 To make subject access requests regarding the nature of information held and to whom it has been disclosed.

7.2 To prevent processing likely to cause damage or distress.

7.3 To prevent processing for purposes of direct marketing.

7.4 To be informed about the mechanics of automated decision-taking process that will significantly affect them.

7.5 Not to have significant decisions that will affect them taken solely by automated process.

7.6 To take action for compensation if they suffer damage by any contravention of the GDPR.

7.7 To take action to rectify, block, erase, including the right to be forgotten, or destroy inaccurate data.

Data subjects have the following rights regarding data processing, and the data that is recorded about them:

7.8 To request the ICO to assess whether any provision of the GDPR has been contravened.

7.9 The right for personal data to be provided to them in an appropriate format, and the right to have that data transmitted to another controller.

7.10 The right to object to any automated profiling without consent.

Data subjects may make data access requests and in this instance, AMJ will follow a set procedure to ensure that the response to the request complies with the requirements of GDPR.

Complaints

Data subjects who wish to complain to AMJ about how their personal information has been processed may lodge their complaint directly with the Data Protection Officer using the company’s contact details. Data subjects may also complain directly to the relevant authority. Where data subjects wish to complain about how their complaint has been handled, or appeal against any decision made following a complaint, they may lodge a further complaint to the Data Protection Officer or relevant authority.

Contact The Data Protection Officer

If you have any questions about this privacy policy or AMJ’s treatment of your personal information, you can

write to the Data Protection Officer:

• by email to international@amjcampbell.com
• by post to AMJ Campbell International, 6140 Vipond Drive, Mississauga ON L5T 2B2

AMJ understands ‘consent’ to mean that it has been explicitly and freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she by statement, or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The consent of the data subject can be withdrawn at any time.

AMJ understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. There must be some active communication between the parties which demonstrate consent. Consent cannot be inferred from non-response to a communication. For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.

In most instances, consent to process personal and sensitive data is obtained routinely by AMJ using standard consent documents. When an enquiry is made to AMJ, relevant information will be sent to the customer if applicable. Where AMJ provides online services to children, parental, or custodial authorization must be obtained. This requirement applies to children under the age of 16.

9. Security of Data

All employees are responsible for ensuring that any personal data which AMJ holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by AMJ to receive that information and has entered into a confidentiality agreement.

If consented to, AMJ will provide personal data to the following if applicable:

AMJ Pet Relocation

AMJ FX

AMJ Visa and Emigration Services

AMJ Baggage Services

Personal data may only be deleted or disposed of in line with the Data Retention Policy. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal. Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorized to process data off-site.

AMJ will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. AMJ will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into the company website will be protected by encryption technology.

This company website contains links to other websites. AMJ is not responsible for the privacy policies or practices of any third party.

AMJ may collect on the company website and process the following kinds of personal information:

• information about your use of AMJ’s website
• information that you provide for the purpose of registering with AMJ’s website
• information about transactions carried out over this website
• information that you provide for the purpose of subscribing to the website services
• any other information that you send to AMJ

If consent has been obtained or if there is a legitimate reason to, AMJ may use your personal information to:

• administer the company website
• personalize the company website for you
• enable your access to and use of the website services
• publish information about you on the website
• supply to you services that you purchase
• send to you statements and invoices
• collect payments from you
• send you marketing communications

When AMJ is acting as a data processor for third parties, the company must comply to the relevant privacy policy, providing it is GDPR compliant.

10. Rights of Access to Data

Data subjects have the right to access any personal data about them which is held by AMJ in electronic format and manual records which form part of a relevant filing system. This includes the right to inspect confidential personal references received by AMJ, and information obtained from third-party organizations about that person.

11. Disclosure of Data

AMJ must ensure that personal data is not disclosed to unauthorized third parties which includes family members, friends and in certain circumstances, government bodies and the Police. All employees should exercise caution when asked to disclose personal data held on another individual to a third party and all employees are trained to deal effectively with any such risk. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of AMJ’s business.

The GDPR permits certain disclosures without consent so long as the information is requested for one or more of the following purposes:

to safeguard national security

prevention or detection of crime including the apprehension or prosecution of offenders

assessment or collection of tax duty

discharge of regulatory functions (includes health, safety and welfare of persons at work)

to prevent serious harm to a third party;

to protect the vital interests of the individual, this refers to life and death situations

All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorized by the Data Protection Officer.

Where AMJ discloses your personal information to third parties for consented or legitimate purposes, the third in question will be obligated to use that personal information in accordance with the terms of this privacy statement. This is applicable for third parties located in all countries, including EU and Non-EU member countries.

12. Retention and Disposal of Data

Personal data may not be retained for longer than it is required. Once a member of staff has left AMJ, it may not be necessary to retain all the information held on them. Some data will be kept for longer periods than others. AMJ’s data retention and data disposal procedures will apply in all cases.

Personal data must be disposed of in a way that protects the “rights and freedoms” of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion) and in line with the company’s secure disposal procedure.

Document Ownership

The Data Protection Officer is the owner of this document and is responsible for ensuring that this policy document is reviewed in line with the review requirements stated above.

A current version of this document is available on the company’s website. Updates to the privacy policy will be published on the company’s website.

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