Data Privacy, Data Use and Data Retention Policy

Last Updated: January 1, 2023

Introduction 

Welcome to Megger Group's privacy notice.  

Megger respects your privacy and is committed to protecting your personal information. This policy will inform you as to how we look after and use your personal information when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This policy should be read in conjunction with our Cookie Policy.  

This policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this policy. 

  1. Important information and who we are 

Purpose of this privacy notice 

This policy aims to give you information on how Megger collects and processes your personal information, whether it is collected in person, via telephone, post, emails, texts or through your use of this website, including any information you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a contest. 

This website is not intended for children and we do not knowingly collect information relating to children.  

It is important that you read this policy together with any other data privacy, data use and data retention notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This policy supplements the other notices and is not intended to override them.  

Responsible Organization 

Megger is made up of different legal entities. This policy is issued on behalf of the Megger Group so when we mention "Megger", "we", "us" or "our" in this policy, we are referring to the relevant company in the Megger Group responsible for processing your personal information. We will let you know which entity will be the responsible organization for your personal information when you purchase a product or service with us. Megger Limited is the responsible organization for this website.  

We have a Data Privacy Department responsible for overseeing questions in relation to this data privacy, data use and data retention policy. If you have any questions about this policy, including any requests to exercise your legal rights, please contact us using the details set out below.  

Contact details 

Our full details are: 

Full name of legal entity:  Megger Limited 

Title:  Megger Privacy Department  

Postal Address Canada:  550 Alden Road, Unit 6, Markham, Ontario L3R 3L5 

Email address:  [email protected]  

Changes to this policy and your duty to inform us of changes 

Megger regularly reviews and may update this policy from time to time, if any changes are made these will be updated in the latest available version on the Megger website. [NTD:  Confirm that this hyperlinks to the Canadian website.] Documents will be updated and will contain the date processed. We encourage you to view the latest data privacy, data use and data retention policy when accessing any of our services to stay informed about the latest handling processes and ways you can protect your privacy. 

This policy is issued and owned by the Megger Group Board. No deviations may be made from it without written Board approval. 

This version was last updated on 1st January, 2023.  

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. 

Third-party links 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party platforms and are not responsible for their privacy practices. When you leave our website, we encourage you to read the privacy notice of every platform you visit. 

  1. The information we collect about you 

Personal information means any information about an identifiable individual.  It does not include “business contact information” (i.e., any information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession such as the individual’s name, position name or title, work address, work telephone number, work fax number or work electronic address) or “anonymous information” (i.e., personal information that has been irreversibly and permanently modified to remove all direct and indirect identifiers).  

We may collect, use, store and transfer different kinds of personal information about you, including but not limited to the information which we have grouped together as follows: 

  • Identity Information such as first name, maiden name, last name, username or similar identifier, marital status, title, academic title, gender and LinkedIn profile. 

  • Contact Information includes but not limited to billing address, delivery address, email address and telephone numbers. 

  • Financial Information such as bank account and payment card details and results of credit searches. 

  • Transaction Information such as details about payments to and from you and other details of products and services you have purchased from us. 

  • Technical Information includes internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. 

  • Profile Information such as username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.   

  • Usage Information such as information about how you use our website, products and services.  

  • Marketing and Communications Information such as your interactions, your communication preferences and subscription preferences in receiving marketing from us and our third parties.   

Personal information is collected from a multitude of sources, including but not limited to direct correspondence with the customer, sales and marketing events, seminars, webinars, and data processing service partners (where they have obtained your consent to disclose your personal information to us). 

We also collect, use and share Aggregated Data such as statistical or demographic information for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this privacy notice. 

Other than Financial Information, we do not collect any Sensitive Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric information). Nor do we collect any information about criminal convictions and offences. 

If you fail to provide personal information 

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.  

  1. How is your personal information collected? 

We use different methods to collect information from and about you including through: 

  • Direct interactions. You may give us your Identity, Contact and Financial Information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you: 

  • apply for our products or services; 

  • create an account on our website; 

  • subscribe to our news or other publications; 

  • request marketing to be sent to you; 

  • enter acontest, promotion or survey; or 

  • give us some feedback. 

  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this  Technical Information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details on cookies.

  • Third parties or publicly available sources. We may receive personal information about you from various third parties (with your consent) and public sources as set out below: 

  • Technical Data from the following parties: 

  1. analytics providers such as Google; 

  1. advertising networks; and 

  1. search information providers. 

  • Contact, Financial and Transaction Information from providers of technical, payment and delivery services. 

  • Identity and Contact Information from referencing companies and information brokers or aggregators. 

  • Identity and Contact Information from publicly availably sources such as telephone directories or professional or business directories. 

  1. How we use your personal information 

We will only use your personal information with your consent or as otherwise permitted under applicable law. Most commonly, we will use your personal information in the following circumstances: 

  • Where we need to perform the contract we are about to enter into or have entered into with you. 

  • For any purpose for which you have consented. 

  • Where it is necessary for our legitimate interests as permitted by applicable law. 

  • To enforce our website Terms and Conditions, our Terms and Conditions of Sale and any other legal rights. 

  • Where we need to comply with a legal or regulatory obligation. 

  • To send direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us on [email protected].   

Purposes for which we will use your personal information 

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and the reasons for such use.  As previously noted, business contact information that is used to communicate with you in relation to your employment, business or profession is not regarded as personal information under Canadian privacy laws. 

Please contact us for any questions regarding the use of your personal information.  

Purpose/Activity 

Type of information 

Reason 

To register you as a new customer or supplier 

  1. Identity 

  1. Contact 

Performance of a contract with you 

To process and deliver an order including: 

(a) Manage payments, fees and charges 

(b) Collect and recover money owed to us 

(c) Verify your identity and carry out credit and fraud prevention checks 

  1. Identity 

  1. Contact  

  1. Financial  

  1. Transaction  

  1. Marketing and Communications 

  1. Performance of a contract with you 

  1. To recover debts due to us 

  1. Necessary to comply with a legal obligation 

To manage our relationship with you which will include: 

(a) Notifying you about changes to our terms or privacy policy 

(b) Asking you to leave a review or take a survey 

  1. Identity 

  1. Contact 

  1. Profile 

  1. Marketing and Communications 

  1. Performance of a contract with you 

  1. Necessary to comply with a legal obligation 

  1. To keep our records updated and to study how customers use our products/services 

To enable you to partake in a contest or complete a survey 

  1. Identity 

  1. Contact  

  1. Profile 

  1. Usage 

  1. Marketing and Communications 

  1. Performance of a contract with you 

  1. To study how customers use our products/services, to develop them and grow our business 

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

  1. Identity 

  1. Contact 

  1. Technical 

  1. For running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise 

  1. Necessary to comply with a legal obligation 

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you 

  1. Identity  

  1. Contact  

  1. Profile  

  1. Usage  

  1. Marketing and Communications  

  1. Technical  

To study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences 

  1. Technical  

  1. Usage  

To define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy 

To make suggestions and recommendations to you about goods or services that may be of interest to you 

  1. Identity  

  1. Contact  

  1. Technical  

  1. Usage  

  1. Profile  

To develop our products/services and grow our business 

Marketing  

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We have established the following personal information control mechanisms: 

Promotional offers from us  

We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).  

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a contest or registered for a promotion and, in each case, you have not opted out of receiving that marketing. 

Third-party marketing  

We will get your express opt-in consent before we share your personal information with any company outside the Megger group of companies for marketing purposes.  

Opting out 

You can ask us to stop sending you marketing messages at any time by contacting us at any time or by logging into your account on our website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.  

Where you opt out of receiving these marketing messages, you may still receive electronic messages from us related to a product/service purchase, warranty registration, product/service experience or other transactions. 

Cookies 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. Please refer to our Cookie Policy for more details on our use of targeted advertising. 

Change of purpose  

We will only use your personal information for the purposes for which you consented or as otherwise permitted under applicable law. 

If we need to use your personal information for an additional purpose, we will obtain your consent where required by applicable law. 

Please note that we may process your personal information without your knowledge or consent, where this is required or permitted by applicable law. 

  1. Disclosures of your personal information 

We may have to share your personal information with the parties set out below for the purposes set out in the table in paragraph 4 above. 

  • Internal Third Parties as set out in the Glossary.  

  • External Third Parties as set out in the Glossary. 

  • Specific third parties such as credit reference agencies, fraud prevention agencies or as otherwise may be required by law. 

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy notice.  

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. 

  1. Data location and International transfers 

We share your personal information within the Megger Group in order to provide you with our goods and services and for other purposes as set out in the table in paragraph 4 above. This will involve transferring your information outside of Canada and the storage of personal information at a secure EU information centre. 

Personal information may also be processed by staff operating outside of Canada who work for us or for one of our suppliers or service providers. Such staff maybe engaged in but not limited to the fulfilment of your order, the processing of your payment details and the provision of support services. 

We ensure your personal information is protected by requiring all our group companies to follow the same rules when processing, retaining, and disposing of your personal information. 

Whenever we transfer your personal information out of Canada, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:  

  • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.  

  • Where we use certain service providers, we may use specific contracts approved for use in Canada which give personal information the same protection it has in Canada. 

Your Personal Information may be subject to the laws of the jurisdiction where it is transferred and may be accessible without notice to you by the courts, law enforcement and national security authorities of that jurisdiction.  Please contact us if you want further information about our policies and practices with respect to the use of non-Canadian service providers.  

  1. Data security 

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.  

We have put in place procedures to deal with any suspected and confirmed personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

  1. Data retention 

How long will you use my personal information for? 

In most cases your information will only be held for no longer than seven years from the last point of contact. However, it is our policy to store information for as long as reasonably necessary for us to comply with our legal obligations and fulfil the purpose(s) for which it was collected. Subject to applicable law, personal information may be kept longer than seven years for reasons such as crime prevention, detection or repression, archiving purposes in the public interest, scientific and historical research purposes, or statistical analysis. 

When information is no longer required by the organization and does not have archival value it will be securely destroyed.  

To determine the appropriate retention period, we take into consideration the purpose for collecting and processing the information, the amount of information, sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, legal requirements and lastly but not limited to whether we can achieve the intended purpose through other means.  

In certain circumstances we may anonymize your personal information (so that it can no longer be directly or indirectly associated with you) for archiving purposes in the public interest, scientific and historical research purposes or statistical purposes in which case we may use this information indefinitely without further notice to you. 

By law we may be required to keep basic information about our customers and suppliers including contact, identity, financial and transactional information for seven years after they cease being customers for tax purposes. 

Information about contacts obtained via third party partners will be kept for up to 12 months. If there has not been any interaction, correspondence, or transactions with a contact, they will be removed from our systems. 

Deletion Policy 

When personal information has reached the end of the retention period, the information will usually be reviewed to ensure that it is no longer necessary for the information to be retained. For some personal information Megger has an automated retention schedule and information that has an automatic action to destroy may be disposed of without review. Information may be retained in certain circumstances including but not limited to:  

  1. To fulfil statutory legal or regulatory requirements  

  1. To adhere to an access request 

  1. If the information is required to fulfil purposes of public interest/ archival interest 

When information is set for permanent deletion, digital and paper documents will be destroyed simultaneously. Digital documents will be permanently deleted and not overwritten; this will include any back-ups. Paper records will be placed in confidential waste bins and securely destroyed. 

  1. Your legal rights 

In certain circumstances under privacy laws, you have individual rights surrounding your personal information, these are summarized below. To access further information regarding your rights you can refer to the applicable privacy commissioner’s website.  

You have the right to

Request access to your personal information (an “access request”). Subject to certain legal exceptions, this enables you to receive a copy of the personal information we hold about you and to be informed of its use and disclosure. 

Request correction of the personal information that we hold about you. Subject to certain legal exceptions, this enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us. 

Request deletion of your personal information. This enables you to ask us to delete personal information where the information is no longer required for the purpose(s) for which it was collected or is obsolete. You also have the right to ask us to delete or remove your personal information where the information was not collected or processed in a lawful manner. Note, however, that we may not always be able to comply with your request of deletion for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Request the transfer of your personal information to an authorized person.  Where required under applicable law, we will provide to such authorized person, your personal information in a structured, commonly used and technological format. Note that this right only applies to computerized personal information that was collected directly from you.  

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. 

If you wish to exercise any of the rights set out above, please contact us at the above address marked for the attention of the Data Controller or email us.  

No fee usually required 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. 

What we may need from you 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

Time limit to respond 

We try to respond to all legitimate requests within 30 days. Occasionally it may take us longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.  

  1. Glossary 

Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. 

Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to. 

THIRD PARTIES 

Internal Third Parties 

Other companies in the Megger Group acting as responsible organizations or service providers and who are based globally and provide IT and system administration services and undertake leadership reporting.   

External Third Parties 

  • Service providers who provide IT and system administration services to the Megger Group.  

  • Professional advisers acting as responsible organizations or service providers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. 

  • Regulators and other authorities who require reporting of processing activities in certain circumstances. 

  • Third party suppliers who may supply goods and/or services to Megger (which may be incorporated or form part of the products or services we supply to you).