PRIVACY POLICY

YAMAHA CANADA MUSIC LTD.  (“YAMAHA”)

DEFINITIONS

Privacy Officer: The person within Yamaha who is responsible for ensuring compliance with privacy obligations, including this policy, with respect to the collection, use, disclosure and handling of personal information by Yamaha and its authorized agents.

Collection: Refers to the act of gathering, acquiring, recording or obtaining personal information from any source, by any means.

Consent: Voluntary agreement to the collection, use and disclosure of personal information for defined purposes. Consent can be express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of Yamaha. Implied consent can be reasonably inferred from an individual’s action or inaction.

Disclosure: The act of making personal information available to others outside Yamaha.

Personal Information: Information about an identifiable individual that is recorded in any form, not including the individual’s business contact information. Personal information does not include aggregate information that cannot be associated with a specific individual.

Retention: Refers to the act of keeping personal information as long as is necessary to fulfil the stated purposes, or as long as otherwise specified by law.

Use:  Refers to the treatment, handling and management of personal information by Yamaha.

Yamaha is committed to protecting and securing the personal information entrusted to us by our customers. We take great care in managing your personal information. Our priority is to comply with the privacy laws that apply to our business, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any other data protection laws that apply to Yamaha from time to time.

While Yamaha encourages its Dealers to fully comply with all applicable privacy legislation, each Dealership is a separate legal entity, independent from Yamaha, and is responsible for its own compliance with applicable laws.

This privacy policy stands as a reflection of Yamaha’s commitment to privacy.

1 . ACCOUNTABILITY

Yamaha is responsible for personal information under its control. Toward that end, it has established internal procedures to comply with this Policy and has designated a Privacy Officer to be accountable for compliance with the following principles.

1.1.  Responsibility for ensuring compliance with the provisions inherent in this policy rests with the Privacy Officer of Yamaha. The Privacy Officer will then delegate responsibilities to one or more employees to act on his or her behalf, and to oversee the day-to-day management of personal information handling practices and procedures.

1.2.  Yamaha shall make known, upon request, the Privacy Officer and the person or persons designated to oversee Yamaha’s compliance with this policy.

1.3.  Yamaha is responsible for personal information in its possession or control. It shall use contractual or other means to ensure that third-party service providers provide a comparable level of protection while information is being processed by them.

1.4.  To give effect to the principles of privacy, in addition to developing this policy, Yamaha has:

1. Developed and implemented policies and procedures to protect personal information;
2. Established procedures to receive and respond to privacy inquiries or complaints; and
3. Established a training program to educate staff on their privacy responsibilities.

2. IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION

Yamaha identifies the purposes for which personal information is collected at or before the time the information is collected.

2.1. Yamaha collects personal information for the following purposes:

1. sales transactions;
2. marketing promotions and contests;
3. product warranty registration;
4. safety recall notification;
5. newsletter and marketing material distribution;
6. product demonstration waivers;
7. to respond to inquiries; and
8. to meet legal and regulatory requirements.

2.2. Yamaha shall make reasonable efforts to ensure that it only collects and uses personal information that is necessary for the purposes identified in section 2.1.

2.3. Yamaha shall specify orally, electronically or in writing the identified purposes to the customer 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 within Yamaha who shall explain the purposes.

2.4. Unless required by law, Yamaha 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.

3. OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION

The knowledge and consent of a customer are required for the collection, use or disclosure of personal information, except where inappropriate.

3.1. Yamaha will only require customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service if such collection, use or disclosure is required to fulfil the identified purposes (see Principle 2.1).

3.2. In determining the appropriate form of consent, Yamaha shall consider the sensitivity of the personal information and the reasonable expectations of its customers.

3.3. In general terms, the continued use of products and services by a customer constitutes implied consent for Yamaha to continue collecting, using and disclosing personal information for all identified purposes, unless consent has been specifically withdrawn.

3.4. A customer may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Yamaha will inform customers of the implications of withdrawing consent.

4. LIMITING COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

Yamaha limits the collection of personal information to that which is necessary for purposes identified by Yamaha. Yamaha does not use or disclose personal information for purposes other than those for which it is collected, except with the consent of the individual or as required/permitted by law.

4.1. Yamaha collects personal information such as name, address, phone number, e-mail address, driver’s license number, products of interest, purchased product, Serial Number, purchase date, as well as financial and other information, such as date of birth, as needed to complete a sales transaction.

4.2. Yamaha collects personal information from its customers directly when contacted for information, when a customer registers for the Yamaha newsletter, or when a marketing promotion or contest application is submitted.  Personal information is also collected indirectly from Yamaha dealers when a product is sold.

4.3. Yamaha may disclose personal information to an agent or third party retained by Yamaha in order to assist Yamaha to fulfil the purposes set out in Section 2.1, provided the third party commits to protecting personal information.

4.5. Customer personal information may be transferred to a foreign jurisdiction to be processed or stored. Such information may be provided to law enforcement or national security authorities of that jurisdiction upon request, in order to comply with foreign laws.

4.6. Yamaha may disclose personal information to law enforcement or a government agency in order to assist with an ongoing investigation.

4.7. Yamaha does not and will not sell any personal information to third parties for marketing or any other commercial purposes.

5. LIMITING RETENTION OF PERSONAL INFORMATION

Yamaha retains personal information only as long as necessary for the fulfilment of those purposes, or as required by law.

5.1. Yamaha retains personal information only as long as it is deemed necessary, as set out in Yamaha’s record retention policies, to fulfil the identified purposes for which the information was collected.

5.2. Personal information no longer necessary or relevant for the identified purposes or no longer required to be retained by law, shall be securely destroyed, erased or made anonymous. Yamaha shall maintain reasonable and systematic controls, schedules and practices for such information, its retention and destruction.

6. ACCURACY OF PERSONAL INFORMATION

Yamaha makes reasonable efforts to keep personal information as accurate, complete and up-to-date as is necessary to fulfil the purposes for which the information is to be used.

6.1. Yamaha relies upon its customers to ensure the accuracy of the personal information provided to us.

6.2. Yamaha shall update personal information about customers as and when necessary to fulfil the identified purposes, or upon notification by the individual.

6.3. Yamaha has established internal procedures to preserve the accuracy of the personal information received by customers in accordance with reasonable commercial standards.

7. SECURITY SAFEGUARDS

Yamaha protects personal information with security safeguards appropriate to the sensitivity of the information.

7.1. With the use of appropriate physical, administrative and technical security measures, Yamaha protects personal information against a variety of risks, such as, loss, theft, unauthorized access, disclosure, copying, use, modification or destruction of such information.

7.2. All Yamaha employees with access to personal information shall be required, as a condition of employment, to respect the privacy of personal information accessible by the employee.  All employees commit to confidentiality and only access personal information about customers if they have a business-related need to know such information to perform their duties.

7.3. Yamaha uses commercially reasonable efforts to ensure the protection of personal information it discloses to third parties.  For example, contracts with third parties stipulate responsibilities to protect personal information and only use it for specific purposes.

8. OPENNESS CONCERNING POLICIES AND PRACTICES

Yamaha makes readily available specific information about its personal information management policies and practices to its customers and the public upon request.

8.1. This information includes:

1. The name, title and address of the Privacy Officer to whom inquiries or complaints can be forwarded;
2. The means of gaining access to personal information held by Yamaha; and
3. A description of the type of personal information held by Yamaha, including a general account of its use and disclosure.

8.2. Yamaha makes information available to help customers exercise choices regarding the use and disclosure of their personal information.

9. CUSTOMER ACCESS TO PERSONAL INFORMATION

Yamaha informs individuals of the existence, use and disclosure of his or her personal information upon request, and gives the individual access to that information. An individual is given the opportunity to challenge the accuracy and completeness of their information and have it amended as appropriate.

9.1. Upon written request, Yamaha will afford the requestor a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in an understandable form, in a timely manner, and at minimal or no cost to the individual.

9.2. Upon request, Yamaha will provide an account of the use and disclosure of the individual’s personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, Yamaha will 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.

9.3. In order to safeguard personal information, an individual may be required to provide sufficient identification information in order for Yamaha to authorize access to the individual’s file.

9.4. Yamaha shall promptly correct or complete any personal information found to be inaccurate or incomplete, or direct the individual to the source of the information. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, Yamaha shall transmit to third parties having access to the personal information in question, any amended information or information regarding the existence of any unresolved differences.

9.5. Individuals can seek access to their files by contacting the Privacy Officer at Yamaha as described below.

10. CHALLENGING COMPLIANCE

An individual shall address a challenge concerning Yamaha’s compliance with the principles set out in this privacy policy to the Privacy Officer.

10.1. Yamaha maintains procedures for addressing and responding to all inquiries and complaints by individuals with regard to Yamaha’s handling of personal information.

10.2. All complaints concerning compliance with this privacy policy shall be investigated by Yamaha.  If a complaint is found to be justified, Yamaha shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures.