1. Objective & Scope of Policy
Nissan is committed to respecting your privacy and has prepared this Policy Statement to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.
This Policy Statement governs Personal Information collected from and about individuals who are or may become Customers and those other individuals or partners with whom we work. It does not govern Personal Information Nissan collects from and about our employees, the protection of which is governed by other Nissan policies. This policy also does not cover aggregated data from which the identity of an individual cannot be determined. Nissan retains the right to use aggregated data in any way that it determines appropriate.
This Policy Statement also governs how Nissan treats Personal Information in connection with your use of a Nissan website.
Using contractual or other arrangements, Nissan shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Nissan as part of our delivery of products and services, are required to protect that Personal Information in a manner consistent with the principles articulated in this Policy Statement.
2. The Collection, Use & Disclosure of Personal Information
For the purposes of this Policy:
"Customer" means an individual who may purchase/lease or has purchased/leased products or services originally supplied by Nissan;
"Dealer" means (i) an individual who is appointed as a non-exclusive dealer of Nissan products and services and (ii) an employee of such an individual;
"External Associate" means an individual, other than a Customer or Dealer, who is not an employee of Nissan. An External Associate may be an individual or an employee of an organization with which Nissan has dealings in the normal course of business. Examples of External Associates include independent contractors or service providers, legal counsel and consultants;
"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.
Nissan uses the Personal Information provided verbally or in writing (including via electronic media such as e-mail or the World Wide Web) by Customers and Dealers in order to:
Nissan's use of Personal Information is limited to these purposes. Nissan does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no personal information is collected about a Customer or Dealer, without first obtaining the consent of the individual to the collection, use and dissemination of that information.
Personal information will be collected, to the extent possible, directly from the individual concerned.
Nissan does not knowingly collect Personal Information from anyone under the age of 18, and does not use such information if Nissan discovers that it has been provided by a minor.
Personal Information may also be subject to transfer to another company in the event of a transfer, change of ownership or assignment of all or part of Nissan or its assets. This will occur only if the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.
Nissan may disclose Personal Information of Customers and Dealers to organizations that perform services on behalf of Nissan. Personal Information will only be provided to organizations providing services to Nissan if they agree to use such information solely for the purposes of providing services to Nissan and under the instruction of Nissan and, with respect to that information, to act in a manner consistent with the relevant principles articulated in this Policy.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Nissan is obliged to disclose information without consent. Such circumstances may include:
Where obliged or permitted to disclose information without consent, Nissan will not disclose more information than is required.
Nissan endeavours to ensure that any Personal Information provided by its Customers and Dealers and in its possession is as accurate, current and complete as necessary for the purposes for which Nissan uses that data. Information contained in files that have been closed is not actively updated or maintained.
Nissan retains Personal Information as long as Nissan believes it is necessary to fulfill the purpose for which it was collected. Currently, the principle places in which Nissan holds Personal Information is in the City of Mississauga, Ontario and in the City of Denver, Colorado. Nissan has in place a Records Retention Policy, which outlines the procedures for the retention and subsequent disposition of Nissan records including those records that contain Personal Information.
Personal Information held by Nissan may be stored or hosted on computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, the governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information through laws applicable in the United States.
Nissan endeavours to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.
Nissan further protects Personal Information by restricting access to it to those employees and External Associates that the management of Nissan has determined need to know that information in order that Nissan may provide its products or services. Nissan has a policy under which employee misuse of Personal Information is treated as a serious offence for which disciplinary action may be taken.
In terms of communicating Personal Information to Nissan, you may wish to note that there is no method of transmitting or storing data that is completely secure. While the physical characteristics of each are different, mail, telephone calls, faxes and transmissions over the Internet are all susceptible to possible loss, misrouting, interception and misuse of the information being communicated or transmitted. As do many organizations, Nissan attempts to strike a reasonable balance between security and convenience. In communicating with Customers and Dealers, Nissan reserves the right to use a method of communication that is less secure than some of its less convenient alternatives. An example of this is e-mail. At this time, when we use e-mail, it is sent as unencrypted plain text. We do this because Nissan believes that many of our Customers, Dealers and External Associates cannot readily process encrypted e-mail. This is done for their convenience but has the security concern that, if misrouted or intercepted, it could be read more easily than encrypted e-mail.
6. Visiting Nissan Websites
In some instances, you may have received a unique Client ID and created a password in order to use the secure portions of a Nissan website. You are requested not to divulge your Client ID or password to anyone other than Nissan personnel (e.g. Customer Service assistance, if provided) and then only for the purpose of permitting them to provide service to you.
In addition to Personal Information you provide and cookies, Nissan may collect other information about your visits to our websites. For example, we may collect information about your computer, such as your IP address (a number assigned to your computer whenever you surf the World Wide Web); the type of Internet browser you are using; the type of computer operating system you are using; or the domain name of the website from which you linked to our Websites. This information will not be linked to your Personal Information and will only be collected in the aggregate in connection with all the users of our Websites for planning, forecasting and/or evaluation purposes.
Nissan has no control over the content of third party websites that may be identified on the Nissan website or, if applicable, accessed through hyperlinks.
7. Access to Personal information
Nissan permits access to and review of Personal Information held by Nissan about an individual by the individual concerned.
If an individual believes any Personal Information concerning that individual is not correct, that person may request an update of that information by sending a request to the person indicated in Section 10 of this Policy. Nissan reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. An individual may also request that Nissan delete an individual's Personal Information from Nissan's system and records. However, due to technical constraints and the fact that Nissan backs up its systems, Personal Information may continue to reside in Nissan's systems after deletion. Nissan may retain an individual’s Personal Information if it is required by law; to notify individuals of safety recalls and owner notification programs; and for any contractual obligations between the individual and Nissan. Individuals, therefore, should not expect that their Personal Information would be completely removed from Nissan systems in response to an accepted request for deletion.
Nissan reserves the right to decline access to Personal Information where the information requested:
(a) Would disclose the Personal Information of another individual or of a deceased individual;
(b) Would disclose business confidential information that may harm Nissan or the competitive position of a third party;
(c) Is subject to solicitor-client or litigation privilege;
(d) Could reasonably result in: (i) serious harm to the treatment or recovery of the individual concerned; (ii) serious emotional harm to the individual or another individual; or (iii) serious bodily harm to another individual;
(e) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
(f) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
(g) Does not exist, is not held, or cannot be found by Nissan.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.
Where information will be disclosed, Nissan will endeavour to provide the information in question within a reasonable time and no later than 30 days following the request.
Nissan will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information.
To guard against fraudulent requests for access, Nissan will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
8. Amendment of Nissan Practices and This Policy
This statement is in effect as of March 20, 2014. Nissan will from time to time review and revise its privacy practices and this Policy Statement. In the event of any amendment, an appropriate notice will be posted on Nissan websites and communicated to our Dealers, and provided to our Customers upon request. Policy changes will apply to the information collected from the date of posting of the revised Policy Statement to Nissan's website as well as to existing information held by Nissan.
9. What You Consent And Agree To
In summary, when you provide Nissan with Personal Information, you consent and agree to the following: ·
- The collection, use and disclosure of Personal Information from or about you as described in Section 2, and to your right to access and correct data as described in Section 7.
- Your acceptance of the risks concerning the transmission of information to Nissan as described in Section 5.
- The amendment of this Policy Statement as described in Section 8.
10. Contact Us
In the event of questions about: (i) access to your Personal Information; (ii) Nissan's collection, use, management or disclosure of Personal Information; or (iii) this Policy Statement; please contact:
1180 Riverside Drive
Toll Free Number: 1-877-419-9984
Fax: (705) 264-2735
Nissan Canada Inc.
Customer Information Centre
5290 Orbitor Drive
Mississauga, ON L4W 4Z5
Toll Free Number: 1-800-387-0122
Fax: (905) 629-6553
Nissan Canada Finance
Client Relations Department
5290 Orbitor Drive
Mississauga, ON L4W 4Z5
Toll-free number: 1-800-268-6499
Please also contact us to do any of the following:
- to request a copy of your Personal Information
- to ask that we not contact you
Nissan is committed to protecting your privacy.