Element Fleet Management Corp. (“Element”, “we”, “us” or “our”) takes steps to ensure it meets privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this Privacy Statement is to inform our clients and other individuals we deal with, including employees of our clients or other individuals to whom we provide services on behalf of such clients, how we collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This statement applies to our collection, use and disclosure of personal information in Canada. This statement does not apply to information about our employees or to information that is not personal information.
Personal Information We Collect
Element and its agents and representatives collect personal information in a number of circumstances in the course of providing vehicle management and leasing services to our clients. Much of the personal information we collect is information about drivers of our clients in connection with the use of leased vehicles or our vehicle management services. Personal information we collect includes:
- name, address, telephone number, employer name and other business and residential contact information, if applicable; driver licensing information collected through driver record authorization forms and from individuals’ driver’s licenses, including contact information, driver’s license number, issuing province or territory, date of expiry and date of birth;
- information collected through driver record searches from time to time when we provide vehicle management services to a client or its drivers, including license and driving history, offence or other traffic infraction history, if any, and such other information as may be contained in reports obtained from motor vehicle licensing authorities;
- information contained on our vehicle purchase orders, including licensing and registration information about the leased vehicle used by the relevant driver;
- information collected or compiled by Element in the course of providing various requested services to our clients, including information about individual drivers' fuel consumption, mileage, maintenance, service and repair history and other information about products and services obtained or purchased through use of our service cards, through our client call centres, suppliers or otherwise through use of our services;
- driving information connected with the use of our vehicles, including accident, infraction or offence information, police reports or other information requested or required to be collected by our clients, insurers or vehicle licensing or law enforcement authorities;
- business contact and related business information about our client contacts, suppliers, and other organizations we deal with; and
- such other information we may collect with consent or as permitted or required by law.
Use of Personal Information
Element generally uses personal information for the following purposes:
- administering, processing and evaluating our clients’ requests for vehicle management services and arranging for leasing and delivery of requested vehicles;
- verifying driving and licensing information about drivers of our vehicles;
- verifying driving and licensing records of drivers;
- providing requested vehicle management services to our clients, which may include processing vehicle purchases or leases in connection with individuals, and providing and compiling information about:
- fuel consumption, maintenance, service and repair history through our services;
- mileage information used to provide taxable benefit information to our clients and their employees;
- accident information used to provide vehicle accident services; or
- other information about products and services obtained or purchased through use of our services, for example through our service cards;
- communicating to You about products and services, updating You on new services and benefits, and/or providing You with personalized promotional offers.
- processing and compiling invoices and billing information for our clients, which may include service usage and purchasing details about individuals as described above;
- managing, administering, collecting or otherwise enforcing our clients’ accounts;
- maintaining business records for reasonable periods, and generally managing and administering our business;
- meeting legal, regulatory, insurance, security and processing requirements; and otherwise with consent or as permitted or required by applicable law.
Disclosure of Your Personal Information
Element discloses personal information in the ordinary course of providing vehicle management services to our clients:
- We disclose personal information about drivers to our clients when we provide services to that driver on the client's behalf, which may include (depending on the services we provide to the particular client) detailed information about fuel consumption, mileage, maintenance, service and repair history and other information about products and services obtained or purchased through use of our service cards, call centres or otherwise through our services. This personal information may be disclosed to our clients through account inquiries, invoice details, accident or police reports or through access to InterActive®, our internet-based fleet management tool, described below.
- We may also disclose accident, traffic infraction and offence information and other information about an individual’s driving record connected to the use of leased vehicles to the client to whom we lease the vehicle driven by that driver.
- Driving records and accident, infraction and offence information and other information connected to the use of our vehicles or services may be disclosed to our clients' insurers on our clients' behalf as part of our vehicle accident service.
- Driving, licensing and other related personal information may be exchanged with provincial or territorial motor vehicle licensing authorities. Information, such as driver's license information that drivers provide to us, may be disclosed to such authorities in order to verify the information and obtain driving records as described above. In addition, driving record information connected to the use of leased vehicles may be disclosed to such authorities from time to time, including accident, infraction and offence information.
Personal information may also be disclosed to our affiliates (including outside of Canada) for internal audit, management, billing or administrative purposes. Some of our services may be provided through facilities operated by our U.S. affiliate, such as InterActive. Personal information may also be transferred to our affiliates or other third party service providers to provide administrative, billing or other processing services on our behalf, including outside of Canada. We take reasonable measures to ensure that any personal information that may be collected, used, disclosed or otherwise processed by such service providers on our behalf is protected and not used or disclosed for purposes other than as directed by Element, subject to requirements in foreign jurisdictions applicable to those organizations. Personal information may be used by Element and disclosed to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Element or our business or assets, including for the purpose of permitting such parties to determine whether to proceed or continue with such transaction and to fulfil reporting, inspection or audit requirements or obligations to such parties. In the event that all or part of Element or our business or assets is sold, assigned or otherwise disposed of, personal information we have collected will be used and disclosed by such parties for substantially the same purposes as described in this Privacy Statement. Element may otherwise disclose personal information as necessary to meet legal, regulatory, insurance, audit and security requirements, with your consent, or as permitted or required by applicable law.
As part of our service to our clients, we provide access to "InterActive", a secure internet-based vehicle and fleet management information service through which we provide our clients access to detailed information about their vehicle and service card usage. Any or all of the personal information about individual drivers disclosed to the client for whom we provide services to that driver as described above may be made available through InterActive, which may further be used by our clients to create detailed, customized reports on particular individuals, vehicles or service cards. This may include reports and information respecting maintenance and accident histories, driver and vehicle information, product and service purchases and mileage and fuel consumption, among other data accessible through InterActive. We contractually require our clients to restrict access to InterActive to authorized officers, principals, employees and representatives of the client on behalf of whom we provide fleet management services. Information accessible through InterActive is encrypted and password-protected, and client access to InterActive data is restricted to information about the employees or other drivers of that client. However, because no data transmission over the Internet can be guaranteed to be perfectly secure, Element and its affiliates does not ensure or warrant the security of your personal information accessible by our clients through InterActive.
Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested, or in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any). Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Statement, if applicable, or otherwise at the time of collection. You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Element collects, uses and discloses your personal information with your consent, except as permitted or required by applicable law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
We protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, agents and representatives of Element who require access to your personal information in order to fulfil their job requirements will have access to your personal information.
Access, Correction and Contacting Us
Element may establish and maintain a file of your personal information for the purposes described above, which will be accessible at 4 Robert Speck Parkway, Suite 900 Mississauga ON L4Z 1S1. If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention Privacy Officer. Your right to access or correct your personal information is subject to applicable legal restrictions. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to the above address, email at firstname.lastname@example.org or telephone us at 1-800-268-2915.
Privacy Statement Changes
This Privacy Statement may be revised from time to time. If we materially change our privacy practices, we will take reasonable measures to notify affected individuals of these changes in advance. If you are concerned about how your personal information is used, you should contact us as described above to obtain a current copy of this Privacy Statement. This Privacy Statement is effective as of 9/13/2013.