Privacy

INSIGHT PRODUCTIONS LTD.
EMPLOYEE & INDEPENDENT CONTRACTOR PRIVACY POLICY

INTRODUCTION

Insight Productions Ltd. is committed to protecting the privacy and security of your Personal Information (as defined below). This Employee & Independent Contractor Privacy Policy (the “Policy”) describes how Insight Productions Ltd. and its subsidiaries, affiliates and related entities (collectively, “Insight”, “we”, “us” or “our”) collect and use Personal Information about you during and after your employment or independent contractor relationship with us.

This Policy describes the categories of Personal Information that we collect, how we use your Personal Information, how we secure your Personal Information, when we may disclose your Personal Information to third parties, and when we may transfer your Personal Information outside of Canada.

This Policy also describes your rights regarding the Personal Information that we hold about you and how you can access and correct such information or withdraw your consent in certain circumstances with respect to your Personal Information.

Insight will only use your Personal Information in accordance with this Policy, unless otherwise required or permitted by applicable law. We take steps to ensure that the Personal Information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

SCOPE

This Policy applies to current and former employees and current and former independent contractors only, who are/were employed in or engaged by Insight in Canada. It applies to any Personal Information that is collected by us, whether it is collected in person, over the telephone, in writing or electronically.

DEFINITIONS

For purposes of this Policy, “Personal Information” means any information about an identifiable individual, as may be defined or limited under applicable privacy legislation.

In accordance with applicable privacy laws, Personal Information excludes anonymous or de-identified data that is not associated with a particular individual.

To the extent permitted by applicable law, Personal Information also excludes business contact information that is collected, used, and disclosed solely for the purpose of facilitating communication with you in relation to your employment, independent contract, business or profession.

COLLECTION OF PERSONAL INFORMATION

a. (a) Employees

To carry out our activities and obligations as an employer, we may collect, store and use the following categories of Personal Information, which are required for us to administer the employment relationship with you:

– Personal contact details such as name, home address, home telephone number, cellular telephone number, personal email address.
– Date of birth.
– Gender (for benefits purposes).
– Marital and dependent status.
– Beneficiary(ies) and dependent(s) contact information.
– Emergency contact information.
– Medical and benefits information.
– Government identification numbers such as social insurance or other national insurance number, driver’s license number, or other identification card number.
– Passport information.
– Immigration status and work permits, if applicable.
– Bank account details and payroll information.
– Wage and compensation information and history.
– Performance information and evaluations, including written warnings and records of disciplinary infractions.
– Insurance enrollment information.
– Guild or trade union membership, if applicable.
– CAVCO Personnel Number, if applicable.
– Language(s) spoken and level of proficiency.
– Disability disclosures that require accommodation.
– Start date and if applicable, end date.
– Location of employment.
– Education and training.
– Employment records (including professional memberships, references, work history, and proof of work eligibility).
– Photograph.
– Federal and Provincial tax deduction information.
– Other personal details included in your employment application, resume or cover letter.

Insight maintains a personnel file on each employee. Your personnel file includes such information as your job application, resume, records of training, performance evaluations, written warnings, records of disciplinary infractions, salary increases, and other employment data. Personnel files are the property of Insight and access to the information they contain is restricted, subject to applicable laws. Information on your right to access your personnel file under certain circumstances is described below under the heading “Rights of Access, Correction and Withdrawal”.

a. (b) Independent Contractors

In order to administer our contractual relationship with you, we may collect, store and use the following categories of Personal Information:

– Personal contact details such as name, home address, home telephone number, cellular telephone number, and personal email address.
– Emergency contact information.
– Government identification numbers such as social insurance or other national insurance number, driver’s license number, or other identification card number.
– Immigration status and work permits, if applicable.
– Bank account details and payment information.
– Proof of insurance coverage, if applicable.
– CAVCO Personnel Number, if applicable.
– Guild or trade union membership, if applicable.
– Language(s) spoken and level of proficiency.
– Disability disclosures which require accommodation.
– Contract start and end dates.
– Location of contract.
– Qualifications (including professional memberships, references, work history and proof of work eligibility).
– Photograph, in some circumstances.
– Federal and Provincial tax deduction information.
– Other personal details included in your application, resume or cover letter.

USE OF PERSONAL INFORMATION

We will only use your Personal Information for the purposes for which we collected it, as described below. If we need to use your Personal Information for a new or unrelated purpose, we will provide notice to you and, if required by law, seek your consent. We may use your Personal Information without your knowledge or consent where required or permitted by applicable law or regulation.

a. (a) Employees

We only use your Personal Information where applicable law permits or requires it, for example, when necessary for the performance of our employment relationship with you, or when the use is necessary to comply with a legal obligation that applies to us as your employer. We may use your Personal Information for the following legitimate business purposes:

– Employee administration (including payroll and benefits administration).
– Business management and planning, including internal administration with our affiliated entities.
– Processing employee work-related claims (for example, insurance and worker’s compensation claims).
– Accounting and auditing.
– Conducting performance reviews and determining performance requirements.
– Assessing qualifications for a particular job or task.
– Gathering evidence for disciplinary action or termination.
– Complying with applicable law.
– Education, training, and development requirements.
– Health administration services.
– Diversity reporting and initiatives.
– Complying with health and safety obligations.
– Deducting and remitting trade union membership dues, if applicable.
– Applying for and otherwise administering tax credits and other governmental incentives and responding to inquiries in connection therewith.

a. (b) Independent Contractors

We only use your Personal Information where applicable law permits or requires it, for example, when necessary for the performance of our contractual relationship with you, or when the use is necessary to comply with a legal obligation. We may use your Personal Information for the following legitimate business purposes:
– Contracts administration (including payment).
– Business management and planning, including internal administration with our affiliated entities.
– Accounting and auditing.
– Assessing qualifications for a particular job or task.
– Complying with applicable law.
– Complying with health and safety obligations.
– Applying for and otherwise administering tax credits and other governmental incentives and responding to inquiries in connection therewith.

DATA SHARING

a. (a) Employees

Insight respects the privacy of our employees. Other than confirming dates of employment and job title, we generally will not release any Personal Information about employees to third parties, unless we have your written authorization, or we are required by law to disclose such information.

In order to manage our employment relationship with you, we will disclose your Personal Information to our employees, contractors, designated agents, or third-party service providers who require it to assist us with administering our employment relationship with you, including third-party service providers who provide services to us or on our behalf. All of these persons are required to ensure that Personal Information is not disclosed in violation of this Policy, Insight’s policies or practices, or applicable legal requirements.

Human Resources staff, staff who do payroll, supervisors and other employees with access to employee Personal Information are required to treat all such information with the utmost confidentiality and access to such information is strictly on a need-to-know basis.

Third-party service providers include, but are not limited to, payroll processors, benefits administration providers and information technology providers. These third-party service providers may be located outside of Canada, including in the USA. We require all our third-party service providers, by written contract, to implement appropriate security measures to protect your Personal Information consistent with our policies and any data security obligations applicable to us. We only permit our third-party service providers to use your Personal Information for specified purposes in accordance with our instructions. We do not permit our third-party service providers to use your Personal Information for their own purposes, [or to communicate your Personal Information to third parties without consent, subject to limited exceptions].

We may also disclose your Personal Information for the following additional purposes where permitted or required by applicable law:

– To other members of the Insight group of companies [(including outside of Canada)] for the purposes set out in this Policy and as necessary to perform our employment relationship with you.
– As part of our regular reporting activities to other members of the Insight group of companies.
– To comply with legal obligations or valid legal processes, such as search warrants, subpoenas, or court orders. When we disclose your Personal Information to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum Personal Information necessary for the specific purpose and circumstances.
– During emergency situations or where necessary to protect the safety of persons.
– Where the Personal Information is publicly available.
– If a prospective or completed business transaction or change in ownership occurs.
– Applying for and otherwise administering tax credits and other governmental incentives and responding to inquiries in connection therewith.
– As required by governing tax and revenue authorities.
– For additional purposes with your consent, where such consent is required by law.
Employees should guard each other’s privacy by not sharing Personal Information, such as home addresses, telephone numbers, email addresses, names of children, birth dates, etc. with anyone inside or outside of Insight, without the relevant employee’s prior approval.

a. (b) Independent Contractors

We will only disclose your Personal Information to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require it to assist us with administering our contractual relationship with you, including third-party service providers who provide services to us or on our behalf. All of these persons are required to ensure that Personal Information is not disclosed in violation of this Policy, Insight’s policies or practices, or applicable legal requirements.

Third-party service providers include, but are not limited to, payment processors, information technology providers, royalty and rights management providers and external legal counsel, accountants and financial advisors. These third-party service providers may be located outside of Canada, including in the USA. We require all our third-party service providers, by written contract, to implement appropriate security measures to protect your Personal Information consistent with our policies and any data security obligations applicable to us. We only permit our third-party service providers to use your Personal Information for specified purposes in accordance with our instructions. We do not permit our third-party service providers to use your Personal Information for their own purposes, [or to communicate your Personal Information to third parties without consent, subject to limited exceptions.]

We may also disclose your Personal Information for the following additional purposes where permitted or required by applicable law:

– To other members of the Insight group of companies [(including outside of Canada)] for the purposes set out in this Policy and as necessary to perform our contractual relationship with you.
– As part of our regular reporting activities to other members of the Insight group of companies.
– To comply with legal obligations or valid legal processes, such as search warrants, subpoenas, or court orders. When we disclose your Personal Information to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum Personal Information necessary for the specific purpose and circumstances.
– During emergency situations or where necessary to protect the safety of persons.
– Where the Personal Information is publicly available.
– If a prospective or completed business transaction or change in ownership occurs.
– For royalty and rights management purposes.
– Applying for and otherwise administering tax credits and other governmental incentives and responding to inquiries in connection therewith.
– As required by governing tax and revenue authorities.
– For additional purposes with your consent, where such consent is required by law.

CROSS-BORDER DATA TRANSFERS

Where permitted by applicable law, we may transfer, process, use and/or store the Personal Information we collect about you to other jurisdictions, as necessary to perform our employment contract or independent contract relationship with you and for the purposes set out in this Policy. Such jurisdictions may not be deemed to provide the same level of privacy protection as Canada. The measures that we use to protect Personal Information are subject to the legal requirements of the jurisdictions to which we transfer such information, which may include lawful requirements of access to Personal Information by local governments, courts, government agencies and law enforcement authorities without your consent.

DATA SECURITY

Insight is committed to the secure storage of Personal Information. We have implemented appropriate physical, technical, and organizational security measures designed to secure your Personal Information against accidental loss or deletion and unauthorized access, use, alteration, or disclosure. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.

We limit Personal Information access to those employees, agents, contractors, and other third parties that have a legitimate business need for such access. Only Insight’s Human Resources and Payroll Department, Business & Legal Affairs and senior management are permitted to keep employee personnel files. Physical personnel files are kept under lock and key; electronic personnel files have restricted security access.

Documents containing Personal Information are kept confidential and are shredded when no longer needed, particularly documents containing social insurance numbers, salary or payment, or other critical or sensitive data.

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or de-identify your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. Once you are no longer an employee or independent contractor of Insight, we will retain and securely destroy your Personal Information in accordance with applicable laws and regulations.

RIGHTS OF ACCESS, CORRECTION AND WITHDRAWAL

It is important that the Personal Information we hold about you is accurate and current at all times. It is your responsibility to promptly notify us of any changes in your Personal Information by contacting the Human Resources Department or other appropriate personnel.
With respect to our employees, Insight relies upon the accuracy of information contained in your employment application to us, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in Insight excluding you from further consideration for employment advancement or terminating your employment for cause.

With respect to independent contractors, any misrepresentations, falsifications, or material omissions in any of your Personal Information or data may result in Insight excluding you from consideration for future work or terminating our existing contractual relationship with you.

By law you have the right to request access to and to correct the Personal Information that we hold about you, or to withdraw your consent to the use of your Personal Information under certain circumstances. Employees who wish to review their own personnel file should submit a written request to Human Resources. Independent contractors who wish to access their Personal Information we have on file, should submit a written access request to Human Resources Subject to limited exceptions as prescribed by law, within 30 days’ of your request, you will be permitted to review your own personnel files during regular business hours and in the presence of an individual appointed to maintain the files. For all other requests, please contact us as set out below under the “Contact Us” section. Any such communication must be in writing.

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us as set out below under the “Contact Us” section. Any such communication must be in writing.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or to make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous or de-identified, in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

CHANGES TO THIS POLICY

We reserve the right to update this Policy at any time, and we will provide you with a new Policy when we make any updates. If we would like to use your previously collected Personal Information for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your Personal Information for a new or unrelated purpose. We may use your Personal Information without your knowledge or consent where required or permitted by applicable law or regulation.

CONTACT US

Insight’s Human Resources department oversees compliance with this Policy and may be reached at: spapais@insighttv.com If you have any questions with respect to our policies concerning the handling of your Personal Information, please speak to Human Resources. If you wish to request access to, correction of, or to withdraw your consent with respect to, your Personal Information under our care and control, please contact Human Resources as set out above in the section entitled “Rights of Access, Correction or Withdrawal”.

Adopted Date: June 1, 2020