1. Objective & Scope of Policy
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 NCESI collects from and about our employees. 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 NCESI treats Personal Information in connection with your use of our web site.
Using contractual or other arrangements, NCESI requires agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to protect that Personal Information in a manner consistent with the principles articulated in this Policy Statement.
2. The Collection, Use of Personal Information
For the purposes of this Policy:
“Customer” means an individual who has purchased products or services from NCESI;
“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, consultants and business partners (in some provinces we may partner with insurance companies to enrol and provide you with our products and services);
“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.
NCESI 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:
- Provide you with its extended warranty services and benefits described in your Extended Warranty Plan and communicate any important information which may impact your Extended Warranty Plan;
- To Track products and services purchased and respond to customer inquiries when requested;
- To Provide you with marketing information about products and services that we think may interest you either directly by NCESI, indirectly through affiliated companies or third party suppliers or through Nissan Dealers (unless you choose to opt out of receiving marketing information);
- Manage our relationship with Nissan Canada Inc. and Nissan Dealers;
- Meet any legal or regulatory requirement; and
- Such other purposes consistent with the foregoing purposes.
NCESI’s use of Personal Information is limited to these purposes. Personal information will be collected, to the extent possible, directly from the individual concerned. Due to our role as a service provider to Nissan Canada Inc., we may receive information that you have provided to Nissan Canada Inc. or its dealers in order to provide our services. NCESI does not knowingly collect Personal Information from anyone under the age of 18, and does not use such information if NCESI discovers that it has been provided by a minor.
3. The Disclosure of Personal Information
NCESI does not sell, trade, barter or exchange for consideration any Personal Information it has obtained.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where NCESI is obliged to disclose information without consent. Such circumstances may include:
- Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
- Where NCESI believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
- Where it is necessary to establish or collect monies owing to NCESI;
- Where it is necessary to permit NCESI to pursue available remedies or limit any damages that NCESI may sustain; or
- Where the information is public.
Where obliged or permitted to disclose information without consent, NCESI will not disclose more information than is required.
Personal Information may also be subject to transfer to another company in the event of a change of ownership of all or part of NCESI. 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.
NCESI may provide Personal Information of Customers to External Associates. Personal Information will only be provided to External Associates if they agree to use such information solely for the purposes of providing services to NCESI and under the instruction of NCESI and, with respect to that information, to act in a manner consistent with the relevant principles articulated in this Policy.
NCESI 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 NCESI uses that data. Information contained in files that have been closed is not actively updated or maintained and will be archived or deleted.
NCESI retains Personal Information as long as NCESI believes it is necessary to fulfil the purpose for which it was collected. Currently, the principle places in which NCESI 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.
NCESI 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
NCESI further protects Personal Information by restricting access to it to those employees and External Associates that the management of NCESI has determined need to know that information in order that NCESI may provide its products or services.
In terms of communicating Personal Information to NCESI, 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, NCESI attempts to strike a reasonable balance between security and convenience. In communicating with Customers and Dealers, NCESI 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 NCESI believes that many of our Customers and affiliates 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.
7. Visiting Nissan and NCESI Web Sites
In addition to Personal Information you provide and cookies, NCESI may collect other information about your visits to our web sites. 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 web site 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.
NCESI has no control over the content of third party web sites that may be identified on the NCESI web site or, if applicable, accessed through hyperlinks.
8. Access to Personal information
NCESI permits access to and review of Personal Information held by NCESI 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. NCESI 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 NCESI delete an individual’s Personal Information from NCESI’s system and records. However, due to technical constraints and the fact that NCESI backs up its systems, Personal Information may continue to reside in NCESI’s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from NCESI systems in response to an accepted request for deletion.
NCESI 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 NCESI 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 NCESI.
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, NCESI will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.
NCESI 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, NCESI will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
9. Amendment of NCESI Practices and This Policy
This statement is in effect as of May 1, 2008. NCESI 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 NCESI web sites 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 NCESI’s web site as well as to existing information held by NCESI.
10. Contact Us
In the event of questions about: (i) access to your Personal Information; (ii) NCESI’s collection, use, management or disclosure of Personal Information; or (iii) this Policy Statement; please contact:
Customer Information Centre
Please also contact us at to do any of the following:
- to request a copy of your Personal Information
- to ask that we not contact you