CLAYTON DEVELOPMENTS LIMITED is responsible for personal information under its control. As part of this accountability, CLAYTON DEVELOPMENTS LIMITED has designated an individual who is responsible for compliance with this policy and applicable legislation. Any inquiry related to our privacy practices should be directed to:
The Shaw Group Privacy Officer
200-90 Western Parkway
Bedford NS B4B 2J3
At the time that any personal information is collected, CLAYTON DEVELOPMENTS LIMITED will inform the individual concerned of the purposes for which the information is being collected. Individuals will be informed of the purposes in a manner that is clear, concise and comprehensible.
At any time when it is proposed to use any personal information for a purpose that was not originally identified, the new purpose shall be identified prior to use and the consent of the individual will be obtained, unless the law does not require such new consent.
CLAYTON DEVELOPMENTS LIMITED will maintain a record of the uses to which particular personal information has been put and to whom it may have been disclosed.
CLAYTON DEVELOPMENTS LIMITED will obtain the informed consent of an individual concerned for the collection, use, or disclosure of that individual’s personal information, except as may be allowed by law. CLAYTON DEVELOPMENTS LIMITED will try to obtain consent for all anticipated purposes at the time of the collection of the personal information. In some circumstances this may not be possible, so CLAYTON DEVELOPMENTS LIMITED will obtain the informed consent of the individual before using the personal information. Also, if CLAYTON DEVELOPMENTS LIMITED proposes to use an individual’s personal information for a purpose for which consent was not initially obtained.
For all purposes, consent means informed consent. At the time that consent is sought, CLAYTON DEVELOPMENTS LIMITED will make reasonable efforts to advise the individual of all the purposes for which the personal information is being sought. As required by the first paragraph under IDENTIFY PURPOSES, individuals will be informed of the purposes in a manner that is clear, concise and comprehensible.
CLAYTON DEVELOPMENTS LIMITED shall not, as a condition of the supply of a product, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfill the explicitly specified purposes. This means that where consent is being sought for information that is not essential to the provision of the service, the provision of that information will be voluntary. It is The Shaw Group’s policy to obtain affirmative or “opt in” consent for any collateral use of personal information. If certain personal information is necessary for the provision of a service, this will be communicated to the individual along with information related to why the personal information is necessary in such circumstances.
There may be circumstances where the consent of an individual may be implied by the circumstances. In such cases, the purposes for the collection and use of personal information must be clearly apparent and CLAYTON DEVELOPMENTS LIMITED may only use the personal information for the obvious purpose. For example, if an individual asks to be sent a particular item, CLAYTON DEVELOPMENTS LIMITED will need the individual’s name and address so that we can fulfill the request. In such a case, CLAYTON DEVELOPMENTS LIMITED can assume that the individual’s request for the item constitutes consent for specific purposes. In such a case, we will not use that information for any reason other than fulfilling the request.
Where practicable, consent for the collection, use and disclosure of personal information will be in writing. Whether consent in writing is required may vary with the circumstances, the sensitivity of the information in question and the proposed use of the information. The form of the consent sought by CLAYTON DEVELOPMENTS LIMITED may vary, depending upon the circumstances and the type of information. As a general rule, if the information is “sensitive”, written consent will be obtained. If CLAYTON DEVELOPMENTS LIMITED is seeking consent to acquire personal information from a third party (seeking a credit reference, for example), consent in writing will be required so that we can prove the consent of the individual when asked by the third-party information provider.
CLAYTON DEVELOPMENTS LIMITED will not collect any personal information that is not reasonably necessary for the legitimate purposes identified and for which consent has been obtained. In addition, personal information shall be collected by fair and lawful means.
LIMITING USE, DISCLOSURE & RETENTION
CLAYTON DEVELOPMENTS LIMITED will only use, disclose or retain personal information for the legitimate purposes identified to the individual concerned and for which consent has been obtained. Personal information shall be retained only as long as necessary for the fulfillment of those purposes, except where a longer retention period is required by law. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. Some personal information may be retained incidentally as a result of routine computer backup operations. When this is the case, the personal information is not available for use by CLAYTON DEVELOPMENTS LIMITED.
Personal information that is no longer required to fulfill the identified purposes shall be destroyed, erased, or made anonymous.
Personal information collected, used and disclosed by CLAYTON DEVELOPMENTS LIMITED shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used. Information that will be used to make a decision about an individual should be as accurate as reasonably possible. If CLAYTON DEVELOPMENTS LIMITED does not have confidence in the accuracy of particular information, it shall not be used to make any decisions about the individual.
Nevertheless, CLAYTON DEVELOPMENTS LIMITED shall not routinely update personal information, unless the information needs updating to fulfill the purposes for which it was initially collected. Updating or confirming the reliability of personal information shall be done by communicating with the individual concerned, unless it is inappropriate in the circumstances.
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. All personal information shall be maintained on a “need to know” basis. All information shall be secured by physical, technical and policy measures as is prudent given the sensitivity of the personal information concerned. Any information related to the health and finances of an individual shall be afforded a very high level of security, at least in accordance with industry standards.
CLAYTON DEVELOPMENTS LIMITED shall educate its employees about the importance of security in relation to personal information.
CLAYTON DEVELOPMENTS LIMITED shall also carefully scrutinize its waste stream to make sure that all media that contains personal information is appropriately disposed of in a manner that does not compromise the security of such personal information.
CLAYTON DEVELOPMENTS LIMITED’s personal information handling policies made available shall include:
• The name, title and the address of the person who is accountable for CLAYTON DEVELOPMENTS LIMITED’s policies and practices and to whom complaints or inquiries can be forwarded;
• The means of gaining access to personal information held by CLAYTON DEVELOPMENTS LIMITED;
• A description of the type of personal information held by CLAYTON DEVELOPMENTS LIMITED, including a general account of its use; and
• What personal information is made available to related organizations (e.g. subsidiaries).
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate. If, in CLAYTON DEVELOPMENTS LIMITED’s view, the information is accurate, the individual will be able to have the personal information annotated with his or her comments related to the alleged inaccuracy.
An individual requesting access to his or her personal ‘information, or who is inquiring whether CLAYTON DEVELOPMENTS LIMITED holds any personal information related to him or her, shall be required to provide sufficient identifying information to allow CLAYTON DEVELOPMENTS LIMITED to search for his or her personal information. Such personal information provided to facilitate a search shall only be used for the purposes of a search and shall be destroyed as soon as practicable after conducting the search.
If possible and upon request, CLAYTON DEVELOPMENTS LIMITED will inform an individual of the source of any personal information, the uses to which it has been put and to whom it may have been disclosed.
CLAYTON DEVELOPMENTS LIMITED shall respond to an individual’s request within a reasonable time and at no cost. The requested information shall be provided or made available in a form that is generally understandable.
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, CLAYTON DEVELOPMENTS LIMITED shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question. When a challenge is not resolved to the satisfaction of the individual, the substance of the unresolved challenge shall be recorded by CLAYTON DEVELOPMENTS LIMITED. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
Any individual with concerns related to CLAYTON DEVELOPMENTS LIMITED’s personal information handling practices or the manner in which his or her personal information has been collected, used or disclosed, shall be able to address those concerns to CLAYTON DEVELOPMENTS LIMITED’s Privacy Officer. The privacy officer shall investigate the individual’s concerns and shall attempt to resolve any complaint as expeditiously and as fairly as possible. If a complaint is found to be justified, CLAYTON DEVELOPMENTS LIMITED shall take appropriate measures, including, if necessary, amending its policies and practices. If a complaint is not found to be justified, the individual will be informed of this conclusion and of his or her right to seek redress with the Office of the Privacy Commissioner.
The complaint procedure shall be made known to any individual expressing concerns and shall be personally explained to the individual if circumstances warrant.