Rocky Mountain Dealerships Inc. (“Rocky”, “our”,”we”, “us”, etc.) is the owner of the Rocky Mountain Dealer Group Partnership, which focuses on the sales and service of farm, construction, and other equipment. One of western Canada’s most respected businesses, Rocky, through its subsidiaries, represents various products under contractual relationships with manufacturers including Case Construction, Case IH, New Holland, Kubota, Terex, and many others.
Rocky is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to Rocky.
Among other things, this Policy describes our obligations and practices under the Personal Information Protection Act (Alberta) ("PIPA") and the Personal Information Protection and Electronic Documents Act(Canada) ("PIPEDA"), as applicable. Personal information we collect, use and disclose is generally processed in Alberta, so in most, if not all cases, PIPA will be the applicable legislation.
This Policy applies only to individuals and does not apply to information about corporations or other legal entities other than individuals. While Rocky respects its obligations of confidence to legal entities other than individuals, only individuals have rights of privacy.
In this Policy, the following terms have the following meanings:
We do not collect any personal information from you when you simply visit our website at http://www.rockymtn.com/. However, you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and your "IP" or internet address, which may identify your Internet Service Provider or computer but not the person using it.
If you do proceed to provide us with personal information, such anonymous information may no longer be anonymous, and it may then become personal information subject to this Policy.
If you voluntarily submit personal information to us by email or other online means for purposes of obtaining information or other interaction or communication with us, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information.
Please be advised that the Internet and email are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties or their websites.
Rocky generally collects, uses and discloses personal information about the following types of individuals:
Except in the case of employees, Rocky does not knowingly collect, use or disclose personal information about individuals under the age of eighteen years. Rocky may enter into employment relationships with students or other employees under the age of eighteen.
Where practical, we try to collect personal information directly from the person to whom the information pertains. Where necessary, we collect personal information from other sources.
When collecting personal employee information from other sources, or when using or disclosing the personal information we have collected, we will, where legally required, first obtain the consent of the individual.
Subject to this Policy and applicable legislation, we will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection. It is the policy of Rocky to obtain consent of individuals at or before the time their personal information is collected, unless applicable law provides otherwise.
It is the general policy of Rocky to not use or disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to consent as described in this Policy.
In certain circumstances, specifically those set out in applicable legislation, the law does not require that Rocky obtain consent or provide notification. Rocky reserves all its rights to rely on any available statutory exemptions and exceptions.
Rocky may collect, use or disclose personal information without consent in circumstances that include but are not limited to the following:
Rocky will in all cases collect, use and disclose personal information as required by applicable law, which includes, but is not limited to, the laws related to shareholders in corporations, and directors and officers of corporations. It is also the policy of Rocky to cooperate to the full extent permitted or required by law with law enforcement and governmental agencies requesting disclosure of personal information in the custody or control of Rocky.
In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If you provide personal information to us voluntarily, we will rely on deemed consent and consider that you consent to our collection, use or disclosure of your personal information as necessary to carry out the purposes for which you provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, Rocky will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, Rocky will try to collect personal information directly from you. Where necessary, Rocky will collect personal information from other sources. When Rocky collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not legally required, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
Personal employee information:
The law generally provides that Rocky can collect, use, and disclose an individual’s personal employee information without consent if the individual is an employee of Rocky or if it is for the purpose of recruiting a potential employee, but only if:
Information about employees other than personal employee information:
There may be personal information about a Rocky employee that is not personal employee information, in which case consent may be required. Therefore, in cases where personal information about an employee may be in addition to what Rocky reasonably believes to be personal employee information, it is our policy to obtain consent from the employee in situations where we have any doubt as to whether or not consent is required. The provisions of this Policy related to consent would apply where consent from an employee is required.
References to other employers:
Although the law may allow us to do so without consent or notice, it is generally the policy of Rocky to require consent before discussing personal employee information with prospective employers or others where the employee has used us as a reference.
Notification to employees:
It is the policy of Rocky to provide reasonable notification to our employees of the activities of Rocky with respect to the collection, use or disclosure of personal employee information and of the purposes for such collection, use or disclosure. In the event a new purpose for the use or disclosure of previously collected personal employee information arises or is identified, and those purposes are not the subject of a prior notification, we generally provide notification of such use or disclosure before commencing the new use or disclosure.
Purposes generally for collection, use and disclosure of personal employee information:
Following is a summary of personal employee information generally gathered and the purposes for doing so. This list is not exhaustive and other purposes may be identified and subject to specific notifications.
Rocky generally collects, uses and discloses personal information for the following purposes:
The types of personal information, and other information, that Rocky may collect, use or disclose with customers or clients may include:
The purposes for which we may collect, use or disclose personal information about customers or clients include providing or delivering equipment, services or information, processing payments or credits, sending information that we believe may be of interest, detecting and preventing errors or illegal or unlawful activities, conducting surveys and learning more about our customers and clients in order to better serve them, engaging in business transactions and financing, providing financial and other information to lenders on behalf of customers or clients, and other similar purposes and activities.
Alberta law allows us, for legal or business purposes, to retain personal information for as long as is reasonable. Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or made anonymous.
Should consent, where consent is required, to our collection, use, disclosure or retention of personal information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.
When we collect, use or disclose personal employee information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete. This may involve requesting further information or updates from the individual in question. Employees are expected to advise us of changes to their personal information so that our records may remain current.
Rocky may use third party service providers to process or deal with records, documents, data and information on behalf of Rocky, and such records, documents, data and information may include personal information. In order to protect the confidentiality and security of personal information processed on behalf of Rocky by its service providers, Rocky will use contractual and similar measures with such service providers, including contractual non-disclosure provisions.
Rocky may use "cloud computing" or other third party information technology service providers, and those providers may be either in or outside Canada, and the data housed, hosted and processed by such providers may reside in or outside of Canada, and may include personal information about individuals.
Where consent or notification is legally required, it is our policy to notify individuals about such service providers outside of Canada, and such notification will include the way in which the individual may obtain access to written information about our policies and practices with respect to service providers outside of Canada and the name or title of a person who can answer any questions about the collection, use, disclosure or storage of personal information by any service providers outside Canada.
We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.
Where an incident occurs involving the loss of or unauthorized access to or disclosure of personal information under our control, where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure, we will, without unreasonable delay, provide notice to the Information and Privacy Commissioner for Alberta of the incident, including any information required by law at the time to be provided to the Commissioner. While Alberta law provides that the Commissioner has the authority to require us to notify individuals of the unauthorized access or disclosure, we may elect to immediately do so in the event we consider it reasonable in the circumstances.
Alberta law permits individuals to submit written requests to us to provide them with:
Please note that an individual’s ability to access his or her personal information under our control is not an absolute right. Alberta law provides that Rocky must not disclose personal information where:
Alberta law also provides that Rocky may choose not to disclose personal information where:
Our responses to requests for access to personal information will be in writing, and will confirm:
If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of PIPA (the Personal Information Protection Act, Alberta) on which that refusal is based. We will also provide the name of an individual at Rocky who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of Alberta to review our decision. In order to receive a response to such a request, the individual must provide us with sufficient information to locate their record, if any, and to respond to them.
Alberta law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:
Corrections or amendments will not made to opinions.
Rocky may amend this Policy from time to time as required and without notice, in order to better meet our obligations under the law.
If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact our Privacy Officer at:
Jerald Palmer, General Counsel & Corporate Secretary
Rocky Mountain Dealerships Inc.
3345 8th Street S.E. Calgary, Alberta
Phone: (403) 265-7364
Fax: (403) 214-5644
If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, or have other concerns or questions, you have the right at any time to contact the Office of the Information and Privacy Commissioner at:
410, 9925 - 109 Street
Edmonton, AB T5K 2J8
Telephone (780) 422-6860 or Fax (780) 422-5682