Kumon Canada Inc.
Kumon Canada Inc. is a corporation incorporated under the laws of Ontario, with its head office at 640 Applewood Crescent, Vaughan, ON L4K 4B4. Kumon Canada Inc. is a wholly owned subsidiary of Kumon North America Inc. When the term Kumon is used in this policy, it means Kumon Canada Inc.
Kumon Canada Inc. is part of the worldwide Kumon Group of companies, the largest supplemental education provider in the world, with headquarters in Osaka Japan. Kumon North America, Inc. and Kumon Institute of Education Co., Ltd. from time to time will have access to your personal information in order to monitor and develop programs to improve instruction and maximize learning.
In Canada the Privacy Officer ensures that Kumon Canada fulfills its obligations under the federal Personal Information Protection and Electronic Documents Act (also known as "PIPEDA"), as well as Québec's Code civil and the Loi sur la protection des renseignements personnels dans le secteur privée; and the Personal Information Protection Acts in British Columbia and Alberta.
- “Collection” – the act of gathering, acquiring or obtaining personal information from any source, including from third parties, by any means.
- “Consent” – voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the persons seeking the consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
- “Disclosure” – making personal information available to other persons outside of Kumon Canada Inc.
- “personal information” – means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
- “Use” – treatment and handling of personal information within Kumon Canada Inc.
PRINCIPLE 1: ACCOUNTABILITY
Accountability for Kumon’s compliance with the privacy principles shall rest with Kumon’s Privacy Officer. This individual may delegate other individuals to act in her behalf. The individual will be known as the “Privacy Officer”.
Kumon is responsible for all personal information in its possession or custody, including information that has been transferred to it through any third party, or an outside party assisting us with marketing. It is the responsibility of the staff person proposing or supervising such activities to ensure that the written contract with the outside party will afford a comparable level of protection while the personal information is being processed by such third party.
Care will be taken to select only contractors or third parties who can guarantee the technical and organizational requirements and security provisions necessary for the processing.
- (a) implementing procedures to protect personal information;
- (b) establishing procedures to receive and respond to complaints and inquiries;
- (c) training staff and communicating to staff information about Kumon’s policies and practices;
- (d) developing information to explain Kumon’s policies and procedures; and
- (e) monitoring developments in privacy and security on a continuing basis.
Employees shall only have access to personal information on a need-to-know basis. See also Principle 5.
PRINCIPLE 2: IDENTIFYING PURPOSES
The purposes for which personal information is collected shall be identified by Kumon before or at the time the information is collected.
Kumon shall collect personal information only for the purposes of operating its business including:
- instructional guidance
- security of the child
- franchise recruitment
- centre management
- identifying and communicating with individuals interested in receiving information about the Kumon Method, Materials, services and other marketing purposes (often referred to as secondary marketing)
- complying with governmental rules and regulations;
- hiring and employment purposes;
- training its staff;
- Operating its web site.
Kumon generally uses such personal information to carry on its business and serve its customers as described above. If the business is transferred to a new owner, the personal information will also be transferred subject to the limitations of Principle 5.
The purposes for which information is being collected shall be identified by the member at or before the time the information is collected. Only information that is necessary for the purposes that have been identified may be collected. The purposes for the collection, use and disclosure shall be communicated to the subject individual.
PRINCIPLE 3: CONSENT
The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except as provided by law.
Consent is required for the collection of personal information and the subsequent use or disclosure of such information. The exceptions to such requirement are specified in the PIPEDA.
When acting as a service provider to a franchisee or another organization such as a private school with respect to the collection, use or disclosure of personal information, a member of Kumon Canada shall obtain and adhere to any form of consent previously obtained by such organization, subject to the exceptions provided for in PIPEDA.
Kumon may not, as a condition for the supply of a product or employment for example, require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary for such purposes.
The adequacy of the form of consent depends upon the circumstances and the type of information that is being collected. Generally speaking, the more sensitive the information (such as heath records or employment evaluations), the more explicit or manifest is the form of consent that is required. In obtaining consent, the reasonable expectations of the individual must also be taken into account. Consent shall not be obtained through deception.
In principle the processing of personal data concerning racial and ethnic origin, political opinions, religious or philosophical beliefs, or details about the health or sexual orientation of the individual concerned is not permitted, except when the processing of this data is required or allowed by law, as these are particuarly sensitive categories of personal information. Furthermore, a processing of such sensitive categories of personal data is also permitted when it is necessary for the establishment, exercise, defense of legal claims or litigation, unless the legitimate interest of the individual to exclude the processing and usage of her or his personal data prevails. Otherwise, these sensitive data categories can also be processed if the data subject has given explicit consent.
An individual may withdraw a consent at any time, subject to legal or contractual restrictions and reasonable notice. The individual shall be informed of the implications of such withdrawal.
PRINCIPLE 4: LIMITING COLLECTION
The collection of personal information shall be limited to that which is necessary for the purposes identified by Kumon. The information shall be collected by fair and lawful means.
Personal information shall not be collected indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfill the purposes identified.
PRINCIPLE 5: LIMITING USE, DISCLOSURE AND RETENTION
Personal information shall not be used or disclosed for purposes other than those for which the information was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Kumon Canada Inc. is a wholly owned subsidiary of Kumon North America, Inc. Any transfer of personal information, that is information that can be linked to a specific individual does constitute a disclosure to a third party and consent is required. Kumon North America, Inc. only uses this information as is reasonable under the circumstances to monitor and develop programs and access is limited to certain specific employees of Kumon North America, Inc. on a need to know basis.
Persons who have access to personal information shall only be those whose function and responsibility specifically include the handling of such personal information. The right of access is restricted according to the nature and scope of the individual function and responsibility.
Personal information that is no longer required to fulfil the identified purposes should be destroyed, erased or made anonymous.
PRINCIPLE 6: ACCURACY
Personal information shall be accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
This is particularly important where the information is being used to make some evaluation or judgement about the individual, such as granting credit. The extent to which the personal information shall be accurate, complete and up-to-date will depend upon the use of the information taking into account the interests of the individual.
Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date.
PRINCIPLE 7: SAFEGUARDS
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
The security safeguards shall protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. The nature of the safeguards will vary according to the sensitivity of the information. Kumon will monitor security developments and re-assess the risks at regular intervals.
The methods of protection will include physical measures, organizational measures and technological measures. All personal information shall be handled on a “need-to-know” basis and each member of Kumon shall be responsible for the protection of the personal information used in his or her job function.
Kumon shall regularly make all of its members aware of the importance of maintaining the security of personal information.
Care shall be used in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information.
PRINCIPLE 8: OPENNESS
Kumon shall make readily available to the individual’s specific information about its policies and practices relating to the management of personal information.
Kumon shall be open about its policies and practices with respect to the management of personal information. Individuals shall be able to acquire information about Kumon’s policies and practices without unreasonable effort. This information shall be made available in a form that is generally understandable.
The information made available must include:
- (a) the correct legal name of Kumon;
- (b) how the individual may contact the Privacy Officer with respect to complaints or inquiries;
- (c) advice that the individual can gain access to the personal information held by Kumon by writing to the Privacy Officer, confirming and verifying their identity, and requesting the specified information;
- (d) a description of the type of personal information held by Kumon including a general account of its use;
- (e) a copy of any brochures or other information that explain Kumon’s policies, standards or codes; and
- (f) what personal information is generally made available to related organizations?
- (g) advice that the individual may refuse to allow the use of his or her data for purposes of direct marketing, which must be given no later than the time of the first inclusion in a mailing.
This information is also to be made available on the website.
PRINCIPLE 9: INDIVIDUAL ACCESS
Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Before granting an individual access to the personal information, a member of Kumon must consult the Privacy Officer or that person’s delegate. There are restrictions on the grant of access in PIPEDA where it would reveal personal information about a third party that cannot be severed from the information about the individual making the request, and in certain other circumstances there needs to be notification of governmental institutions before release.
Access may also be refused where the information is protected by solicitor-client privilege; where revealing the information would also reveal confidential commercial information; where revealing the information could reasonably be expected to threaten the life or security of another individual; if the information was collected during an investigation of a breach of an agreement or a contravention of the laws of Canada or a province on the expectation that the knowledge or consent or consent of the individual would compromise the availability or accuracy of the information; or where the information was generated in the course of a formal dispute resolution process.
Upon such a request, Kumon shall inform an individual whether or not Kumon holds personal information about the individual. When disclosure is made to the individual, the organization shall provide an account of the use that has been made or is being made of the information and an account of the third parties to which the information has been disclosed. Before providing any information to the requestor, Kumon must verify and satisfy itself as to the individual's identity.
Where the request for access is with respect to personal information collected, used or disclosed in the course of serving a customer or other third party, the customer or other third party shall immediately be provided with a copy of the request.
Kumon shall respond to an individual’s request within 30 days and at minimal or no cost to the individual. Kumon may require a reasonable payment for the information provided only if it has informed the individual in advance of the approximate cost and the individual has advised Kumon that the request is not being withdrawn.
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Kumon must amend the information as required. Depending upon the nature of the information challenged, amendment could involve the correction, deletion or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
When a challenge is not resolved to the satisfaction of the customer, the substance of the unresolved challenge shall be recorded by the member of Kumon. When appropriate, the existence of the unresolved challenge should be transmitted to third parties having access to the information in question.
PRINCIPLE 10: CHALLENGING COMPLIANCE
An individual shall be able to address a challenge concerning compliance with the above privacy principles to the Privacy Officer.
The individual accountable for Kumon’s compliance is the Privacy Officer. All inquiries and complaints shall be made to Kumon’s Privacy Officer.
The Privacy Officer shall investigate all complaints. If a complaint is found to be justified through either the internal or external compliant review process, the Privacy Officer will take appropriate measures, including amending its policies and practices if necessary.
Where the complaint arises out of a customer matter, the customer shall be informed immediately of such measures.
From time to time the Privacy Officer may make changes to this policy to adapt to changing business conditions and for other reasons. In the event that in the opinion of the Privacy Officer acting reasonably such changes will allow Kumon to make materially greater use and/or disclosure of any personal information, the individuals affected by the changes will be clearly and concisely notified of the changes and their proposed effect, and provided with an opportunity to withdraw their consent to the collection, use and/or disclosure of their personal information.