MAGNA ENTERTAINMENT CORP.
CANADA PRIVACY POLICY
THIS POLICY APPLIES TO OPERATIONS IN CANADA
INTRODUCTION
Magna Entertainment Corp. is North America’s number one owner and operator of horse racetracks, based on revenue. Magna Entertainment Corp. acquires, develops and operates horse racetracks and related pari-mutuel wagering operations, including off-track betting facilities. Magna Entertainment Corp., Flamboro Downs, Magna Golf Club, and their subsidiary companies with operations in Canada (collectively, “MEC Canada”) are committed to safeguarding customer privacy. This MEC Canada Privacy Policy is a formal statement of principles and guidelines that MEC Canada will follow with respect to the protection of personal information provided to MEC Canada by its customers. The key focus of the MEC Canada Privacy Policy is to sponsor responsible and clear practices in the management of personal information, in accordance with the provisions of the Personal Information Protection and Electronic Documents Act and its regulations (“PIPEDA”). MEC Canada will strive to meet the evolving needs of all our customers.
MEC Canada’s Privacy Policy applies to personal information about identifiable MEC Canada customers that is collected, used or disclosed by MEC Canada. It also applies to the management of personal information in any form whether oral, electronic or written.
MEC Canada will periodically review the Privacy Policy and may make at its sole discretion in accordance with all applicable laws such changes or modifications as MEC Canada deems necessary.
SCOPE AND APPLICATION
The MEC Canada Privacy Policy will apply to and protect all personal information collected used or disclosed by MEC Canada, except information that is aggregated in such a manner that it cannot be connected to a person and/or information which is publicly listed in a written or online directory or typically made available through directory assistance as permitted by law. Personal information which may fall under the policy may include but is not limited to:
• Social insurance and/or drivers license numbers;
• Amounts spent on MEC Canada products and services;
• Number of visits to MEC Canada facilities;
• Wagering history at MEC Canada facilities;
• Age, date of birth, gender;
• Credit card information;
• Payment and banking information; and
• User names, passwords and PIN numbers.
This personal information may be collected when a person obtains MEC Canada products or services, or applies to become a member of a club or membership reward program.
However, the Privacy Policy does not impose any limits on the collection, use or disclosure of the following information:
• A person’s name, address, telephone number and electronic address, when listed in a directory or available through directory assistance;
• An employee’s name, title, business address (including email address) and phone and fax numbers; or
• Information that is publicly available and is specified by regulation pursuant to PIPEDA.
The ten principles that form the basis of the MEC Canada Privacy Policy are interrelated and MEC Canada shall adhere to the ten principles as a whole. Each principle must be read in conjunction with the accompanying commentary. As permitted by PIPEDA, and its regulations, the commentary in the MEC Canada Privacy Policy has been tailored to reflect personal information issues specific to MEC Canada.
DEFINITIONS
Collection
The act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.
Consent
Voluntary agreement with what is being done or proposed (collection, use or disclosure of personal information for defined purposes). Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of MEC Canada. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
Customer
An individual who uses, or applies to use, MEC Canada’s products or services.
Disclosure
Making personal information available to others outside the organization.
MEC
Magna Entertainment Corp., and all its subsidiary companies, as they may exist from time to time.
MEC Canada
Magna Entertainment Corp., Flamboro Downs, Magna Golf Club and their subsidiary companies in Canada, as they may exist from time to time.
Personal information
Information about an identifiable individual that is recorded in any form, but does not include aggregated information that cannot be associated with a specific customer. For a customer, such information does not include information that is aggregated in such a manner that it cannot be connected to him/her and/or information which is publicly listed in a written or online directory or as specified in PIPEDA.
Third Party
An individual or company outside MEC.
Use
Refers to the treatment and handling of personal information within an organization.
THE MEC CANADA PRIVACY POLICY IN DETAIL
Principle 1 – Accountability
MEC Canada is responsible for personal information under its control and shall designate one or more persons who are accountable for MEC Canada’s compliance with the following principles.
1.1 Responsibility for ensuring compliance with the provisions of the Privacy Policy rests with the MEC Canada Chief Privacy Officer, who shall designate one or more persons to be accountable for compliance with the Code. Other individuals within MEC Canada may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to-day collection and processing of personal information.
1.2 MEC Canada shall make known, upon request, the name and title of the person or persons designated to oversee MEC Canada’s compliance with the Privacy Policy.
1.3 MEC Canada is responsible for safeguarding personal information in its possession or control. MEC Canada will use appropriate means to provide a comparable level of protection while information is being processed by a third party.
1.4 MEC Canada shall implement policies and procedures to give effect to its Privacy Policy, including:
(a) implementing procedures to protect personal information and to oversee MEC Canada’s compliance with the Privacy Policy;
(b) establishing procedures to receive and respond to inquiries or complaints;
(c) training and communicating to staff about MEC Canada’s policies and practices; and
(d) developing public information to explain MEC Canada’s policies and practices.
Principle 2 – Identifying Purposes for Collection of Personal Information
MEC Canada shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 MEC Canada collects personal information only for the following purposes:
(a) to establish and maintain responsible commercial relations with customers and to provide ongoing service;
(b) to understand customer needs and preferences;
(c) to develop, enhance, market or provide products and services;
(d) to manage and develop MEC Canada’s business and operations, including personnel and employment matters; and,
(e) to meet legal and regulatory requirements.
Further references to “identified purposes” mean the purposes identified in this Principle.
2.2 MEC Canada shall specify orally, electronically or in writing the identified purposes to the customer or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person with MEC Canada who shall explain the purposes.
2.3 Unless required by law, MEC Canada shall not use or disclose for any new purpose personal information that has been collected without first identifying and documenting the new purpose and obtaining the consent of the customer or employee.
Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.
For example, MEC Canada may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent can not be obtained in a timely manner, such as when the individual is seriously ill or mentally incapacitated.
MEC Canada may also collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collection, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.
MEC Canada may also use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.
MEC Canada may also use or disclose personal information without knowledge or consent to a lawyer representing MEC Canada, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.
3.1 In obtaining consent, MEC Canada shall use reasonable efforts to ensure that a customer is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer.
3.2 Generally, MEC Canada shall seek consent to use and disclose personal information at the same time it collects the information. However, MEC Canada may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 MEC Canada will require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.
3.4 In determining the appropriate form of consent, MEC Canada shall take into account the sensitivity of the personal information and the reasonable expectations of its customers.
3.5 Generally, the use of products and services by a customer constitutes implied consent for MEC Canada to collect, use and disclose personal information for all identified purposes.
3.6 A customer may withdraw consent at any time, subject to legal or contractual obligations and reasonable notice. Customers may contact MEC Canada for more information regarding the implications of withdrawing consent.
Principle 4 – Limiting Collection of Personal Information
MEC Canada shall limit the collection of personal information to that which is necessary for the legitimate business purposes identified by MEC Canada. MEC Canada shall collect personal information by fair and lawful means.
4.1 MEC Canada collects personal information primarily from its customers.
4.2 MEC Canada may also collect personal information from other sources including, but not limited to, credit bureaus, employer or personal references, or other third parties who represent that they have the right to disclose the information.
Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information
MEC Canada shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. MEC Canada shall retain personal information only as long as necessary for the fulfillment of those purposes, after which such personal information shall be destroyed. Certain residual information may continue to reside in MEC Canada records and back-ups.
5.1 MEC Canada may disclose a customer’s personal information to:
(a) a person who in the reasonable judgment of MEC Canada is seeking the information as an agent of the customer;
(b) a company or individual employed by MEC Canada to perform functions on its behalf, such as research or data processing;
(c) another company or individual for the purpose of developing, enhancing, marketing or providing any of MEC Canada’s products or services;
(d) an agent used by MEC Canada to evaluate the customer’s creditworthiness or to collect the customer’s account;
(e) a credit reporting agency;
(f) a third party purchaser of all or substantially all of the assets or shares of MEC Canada or its affiliates or subsidiaries;
(g) a public authority or agent of a public authority, if in the reasonable judgment of MEC Canada, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; and
(h) a third party or parties, where the customer consents to such disclosure or disclosure is required by law.
Principle 6 – Accuracy of Personal Information
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal information used by MEC Canada shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a customer.
6.2 MEC Canada shall update personal information about customers as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle 7 – Security Safeguards
MEC Canada shall safeguard personal information by utilizing security measures appropriate to the sensitivity of the information.
7.1 MEC Canada shall safeguard personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. MEC Canada shall safeguard the information regardless of the format in which it is held.
7.2 MEC Canada shall safeguard personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All of MEC Canada’s employees with access to personal information shall be required to respect the confidentiality of that information.
Principle 8 – Openness Concerning Policies and Practices
MEC Canada shall make readily available to customers specific information about its policies and practices relating to the management of personal information.
8.1 MEC Canada shall make information about its policies and practices easy to understand, including:
(a) the title and contact information of the person or persons accountable for MEC Canada’s compliance with the MEC Canada Privacy Policy and to whom inquiries or complaints can be forwarded;
(b) the means of gaining access to personal information held by MEC Canada; and,
(c) a description of the type of personal information held by MEC Canada, including a general account of its use.
Principle 9 – Customer and Employee Access to Personal Information
MEC Canada shall inform a customer of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information within a reasonable time period. A customer shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon request, MEC Canada shall afford customers a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in understandable form within a reasonable time, and at a minimal or no cost to the individual.
9.2 In certain situations, MEC Canada may not be able to provide access to all the personal information that it holds about a customer. For example, MEC Canada may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, MEC Canada may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, MEC Canada shall provide the reasons for denying access upon request.
9.3 Upon request, MEC Canada shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, MEC Canada shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard personal information, a customer may be required to provide sufficient identification information to permit MEC Canada to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
9.5 MEC Canada shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, MEC Canada shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
9.6 Customers can seek access to their personal information by contacting a designated representative at MEC Canada’s business offices, as described below.
Principle 10 – Challenging Compliance
A customer or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for MEC Canada’s compliance with the MEC Canada Privacy Policy.
10.1 MEC Canada shall maintain procedures for addressing and responding to all inquiries or complaints from its customers and employees about MEC Canada’s handling of personal information.
10.2 MEC Canada shall inform its customers about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with the MEC Canada Privacy Policy may seek external advice where appropriate before providing a final response to individual complaints.
10.4 MEC Canada shall investigate all complaints concerning compliance with the MEC Canada Privacy Policy. If a complaint is found to be justified, MEC Canada shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A customer or employee shall be informed of the outcome of the investigation regarding his or her complaint.
10.5 A customer may seek advice from the Office of the Privacy Commissioner of Canada at 1-800-282-1376 or info@privcom.gc.ca and, if appropriate, file a written complaint with that office. However, the customer is encouraged to use MEC Canada’s internal information and complaint procedures first.
For further information, please contact us through any of our Websites or directly through our Privacy Office as follows by:
For Magna Entertainment Corp.:
E-mail: Privacy.Officer@magnaent.com
Telephone: (905) 726-7200
Mail: Magna Entertainment Corp.
337 Magna Drive
Aurora, Ontario L4G 7K1
Attention: Chief Privacy Officer
For Magna Golf Club:
E-mail: Privacy.Officer@magnagolf.com
Telephone: (905) 726-4547
Mail: Magna Golf Club
14780 Leslie Street
Aurora, Ontario L4G 7C3
Attention: Privacy Officer
For Flamboro Downs:
E-mail: Privacy.Officer@flamborodowns.com
Telephone: (905) 627-3561
Mail: Flamboro Downs
P.O. Box 8220
Hamilton, Ontario L9H 5G1
Attention: Privacy Officer