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The Barker Group Limited

Introduction

The Barker Group Limited is a corporation with its head office at 394 Main Street, Middleton, NS B0S 1P0. The term "The Barker Group" will be used throughout this document which means "The Barker Group Limited."

The Barker Group Limited is the parent company for Bruce GM Limited. A franchise provider for General Motor's products Imperial Oil and various other automotive related supplies. TBGL's Privacy Officer ensures that TBGL fulfills its obligations under the federal personal Information Protection and Electronic Documents Act (also known as PIPEDA). TBGL must comply with all federal and provincial laws regarding privacy applicable to its business.

Definitions

The following definitions apply in this Privacy Policy:

Collection:

Consent:

Disclosure:

Use:

Principle 1: Accountability

Accountability for TBGL's compliance to the privacy principles shall rest with the Privacy Officer as appointed by TBGL.

TBGL is responsible for all personal information in its possession or custody including information that has been transferred to it through any third party, such as the General Motors member proposing such activities to ensure a written contract with the outside party will afford a comparable level of protection while the personal information is being processed by the third party. Random internal audits will occur to ensure this policy is being obliged.

The third party will be supplied with a copy of the TBGL Privacy Policy and written acknowledgement from such third party that it will be bound by the policy. Further provisions include the return of personal information to TBGL on completion of the activity. The third party must inform TBGL on the completion of the activity. The third party must inform TBGL immediately of any concerns or objections expressed by individuals.

TBGL takes care to select contractors and third parties who offer the technical and organizational requirements and security provisions necessary for the processing.

To ensure the effectiveness of TBGL's Privacy Policy, the following shall be implemented:

Procedures and Processes to protect personal information.
Establish procedures to receive and respond to complaints and inquiries.
Train staff and communicating to staff information about TBGL's Privacy policies and procedures.
Develop information to explain TBGL policies and procedures.
Monitor developments in privacy and security on an on-going basis.

Staff of TBGL will have access to consumer personal information on a need to know basis only.

Principle 2: Identifying Purposes

TBGL will identify before or at the time of collection the purpose for gathering personal information. TBGL shall collect personal information for the following reasons:

Assist customers with the purchase or maintenance of a vehicle and accessories - Includes warranty programs, customization and financials
Develop principles and solutions for the design of General Motors
Identify and communicate with individuals interested in receiving information about General Motor's products and services and other marketing purposes.
Comply with governmental regulations - including requirements on recall notification.
Participation in customer loyalty programs.
Hiring and employment purposes.
Training of staff
Operation of various web sites controlled by TBGL.
Information regarding special events and promotions.

TBGL generally uses personal information for business purposes and to serve to customers in the above manner. If the business is transferred to a new owner, the personal information will also be transferred to subject to limitations of Principle 5.

The purpose for which a member of TBGL is collecting personal information 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 an individual are required for the collection, use or disclosure of personal information except where 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 requirements are specified in the PIPEDA.

When acting as a service provider to another organization with respect to the collection, use or disclosure of personal information, a member of TBGL shall obtain and adhere to any form of consent previously obtained by such organization, subject to the exceptions provided for in PIPEDA.

TBGL may not, as a condition of sale or service, require an individual to consent to the collection, use or disclosure or personal information beyond what is necessary for such purpose.

The adequacy of the form of consent depends upon the circumstances and the type of information that is being collected. Generally the more sensitive the information ( health, banking, etc.) the more explicit the consent is required. Reasonable expectations of the individual are taken into account when obtaining consent. Consent will never be obtained in a deceptive manner.

Processing of personal information concerning racial/ ethnic origin, political opinions, religious / philosophical beliefs, trade union membership, health or sexual orientation of the individual concerned is not permitted except when processing of this data is required or allowed by law. Furthermore, processing of such sensitive categories of personal data is also permitted when 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 his or her personal data prevails. Sensitive data categories may also be processed if the data subject has given explicit consent.

An individual may with draw consent at any time, subject to legal or contractual restrictions and reasonable notice. The individual shall be informed of the implications of such withdrawal at that time.

Principle 4: Limiting Collection

The collection of personal information shall be limited to that which is necessary for the purpose identified by TBGL. 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 the 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.

TBGL is an independent legal entity that has a dealer relationship with General Motors Canada. Accordingly any transfer of personal information, that is information that can be linked to a specific individual to General Motors constitutes a disclosure to a third party and consent is required.

Personal information that is no loner required to fulfill the identified purposes should be destroyed, erased or made anonymous.

Employees of TBGL with access to personal information shall only be those who have 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.

One of the purposes TBGL collects, uses and or discloses personal information is the operation of its business. In the event that all or part of the assets of TBGL are sold to a new owner, all personal information or that part of the personal information associated with the assets being sold, will be transferred ( disclosed) to the new owner, subject to conditions. Either the new owner must agree to maintain and abide by TBGL's then existing Privacy Policy for a minimum of six months, or the new owner must agree to sending notices to all of TBGL's current customers advising them of the proposed transfer, the new owners privacy policy and providing its customers with a easy and effective means of withdrawing their personal information from the transfer, at TBGL's option.

Principle 6: Accuracy

Personal information shall be accurate, complete and up-to-date as is necessary for the purposes for which it is used.

Personal information used by TBGL on an on-going basis, including information that is disclosed to third parties, should generally be accurate and up- to- date.

Accuracy of information is particularly important where the information is being used to make a judgment or evaluation of an individual, such as 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.

Principle 7: Safeguards

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

Security safeguards as documented in the TBGL. Security Policy shall protect personal information against loss/ theft, unauthorized access, copying, disclosure or modification. The sensitivity of the information will determine the extent of security.

Safeguards include but are not limited to physical measures, organizational measures, and technological measures. All personal information is handled on a need to know basis only and each member of TBGL is responsible for the use of information within their job function.

TBGL makes regular audits and notices to its employees on the importance of maintaining secure personal information.

Care shall be used in the disposal or destruction of personal information to present unauthorized parties from gaining access to the information.

Principle 8: Openness

Make readily available to individuals specific information about its policies and practices relating to the management of personal information.

TBGL will be open about our policies and practices with respect to the management of personal information. Individuals shall be able to acquire information about TBGL's policies and procedures without unreasonable effort. This information shall be made available in a form that is understandable.

Advise that the individual can gain access to the personal information held by TBGL by writing to the Privacy officer, confirming and verifying their identity, and requesting the specified information.
A description of the personal information held by TBGL including a general account of the use of such information.
Information about the personal information is generally made available to third party organization.
How to withdraw consent

This information will be available through literature at TBGL facilities, through the web site, and by contacting the Privacy Officer of TBGL.

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.

Prior to granting an individual with personal information, a member of TBGL must contact the Privacy Officer. The PIPED Act contains restrictions on the grant of access where it would reveal personal information about a third party that cannot be severed from the individual making the request. In certain circumstances certain government institutions need to be notified before the information is released.

Access to information may be refused where the information is protected by solicitor-client privilege where revealing such information would also reveal confidential commercial information; where revealing 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 of 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 request, TBGL will inform an individual whether or not TBGL holds personal information about the individual. When the information is provided to the individual, TBGL will privide an account for the use that the information has been made or is being made, along with an account of all third parties to which the information has been disclosed. Before providing any information to the individual, TBGL will verify the person's identity.

TBGL will respond to all requests for information within 30 days at a minimal or no cost to the individual. In the case where there is a reasonable cost, the individual will be notified in advance. The individual may withdraw the request for information after they have been advised of the costs involved.

When an individual successfully demonstrates inaccuracies or incompleteness of information that TBGL holds, TBGL will amend the information as required. Depending on the nature of the challenge, amendment could involve the correction, deletion, or addition of information. When appropriate, the amended information will be transmitted to third parties.

When a challenge is not resolved to the satisfaction of the customer, a member of TBGL shall record the substance of the unresolved challenge. When appropriate, this challenged information will be transmitted to third parties.

If the original request for information comes from a dealer, the dealer will be notified of the resolution and any changes to policy or data that must be corrected.

Principle 10: Challenging Compliance

An individual shall be able to address a challenge concerning compliance with the above policy principles to the Privacy Officer.

The Privacy Officer of TBGL is accountable for the compliance with the above principles. The Privacy Committee will establish procedures to receive and respond to complaints or inquires about TBGL policies and practices relating to the handling of personal information.

Members of TBGL shall inform individuals who make inquiries or lodge complaints of the existence of the relevant complaint mechanism of TBGL, TBGL will investigate all complaints. If a complaint is found to be justified through either the internal or external complaint review process, TBGL will take appropriate measures including amending its policies and practices of necessary. If the complaint is from a customer, the customer shall be informed immediately of such measures.

Changes

From time to time the Privacy Committee 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 Committee acting reasonably such changes will allow TBGL 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.

Justin G. Barker
Vice-President