DriverCheck’s External Privacy Policy

Effective Date: January 5, 2024

1. Introduction

At DriverCheck Inc. (together with any affiliates, “DriverCheck,” “us,” “we”), we strive to be transparent about how we collect, use, and disclose your information. This Privacy Policy (“Privacy Policy”) is meant to help you understand, in plain terms, what personal information DriverCheck collects, why we ask for your personal information, how we keep your personal information confidential, under what circumstances we share your personal information with third parties, and how you can inquire about the personal information we hold about you.

This Privacy Policy applies to:

individuals who undergo medical, drug, alcohol testing, or fingerprinting through our services (for example, in the context of employer or governmental requirements for testing);
individuals representing our clients (such as employers), who provide information to us in order to enter into an agreement with us or to manage, administer, or coordinate client use of our services;
visitors to our website;
any other individuals who interact with us or use our services, other than our employees or other personnel, or users of our Virtual Care Response service.

Please read this Privacy Policy carefully to understand our policies and practices for collecting, using, and disclosing your information. If you do not agree with our policies and practices, you should not use our services (including our website) or otherwise interact with us. By using our services or otherwise interacting with us, you indicate that you understand, accept, and consent to the practices described in this Privacy Policy. Please note that this Privacy Policy may change from time to time (please see the section entitled “Changes” below).

2. What Is Personal Information?

"Personal information" means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate an individual. It includes not only your name and address, age and gender but also your personal medical information. Information that is aggregated and/or anonymized and cannot be associated with an identifiable individual is not considered to be personal information.

3. Personal Information We Collect

The following provides examples of the type of personal information that we may collect from you:

Contact information, such as your name, email and postal address, and telephone number.
Identity verification information, which may include your contact information and forms of government-issued or employer-issued photo identification such as a valid driver’s license.
Medical or health information, such as your medical, drug, and alcohol test results and testing history. The specific types of information depends on the nature of the test and can include but are not limited to: drug and alcohol tests; health and occupational history questionnaires, physical exams, and clinical assessments; audiometric testing, spirometry (i.e., pulmonary function testing), respirator fit tests, X-Rays, vision tests, cognitive and functional impairment testing, blood work and urinalysis, physical abilities testing, biological testing (e.g., blood and urine testing for the purposes of monitoring exposure to chemicals and heavy metals), vaccinations, and tuberculosis skin tests.
Technical information, such as information gathered when you visit our website, including device-specific identifiers and information such as IP address, cookie information, mobile device identifiers, browser version, operating system type and version, mobile network information, device settings, and software data.
Location information, such as may be collected when you use our website.
Any other information you provide to us.

4. How We Collect Your Personal Information

We may collect personal information when you interact with DriverCheck in the following circumstances:

Directly from you. Your personal information is primarily provided to us directly from you through the course of conducting medical, drug, and alcohol testing. We may also collect information that you provide to us, such as when you submit inquiries to us, use one of our online forms, or when you provide us with your information in any other way.
Through our clinics, collection sites, laboratories, employers, medical professionals, governmental authorities, and others. In order to facilitate our testing services, we may collect your personal information from third parties involved in collecting samples, administering and analyzing tests, assessing results, administering treatment, and enforcing employer policies or governmental regulatory regimes. When we do so, we provide separate consent forms that set out the parties involved in greater detail depending on the nature of the test.
Automatically when you interact with our website. When you visit our website, we collect information from your devices (computers, mobile phones, tablets, etc.), including information about how you interact with our website and information that allows us to recognize and associate your activity across devices, including through cookies and other similar technologies. For more information on your choices with cookies, please see the section entitled “Your Choices” below.

5. How We Use Your Personal Information

We may use your information to:

Provide, maintain, and improve our services, such as our medical, drug, and alcohol testing services, including by verifying your identity, fulfilling requests for testing, disseminating testing results, participating in information exchange among participating third parties (such as clinics, collection sites, laboratories, employers, medical professionals, governmental authorities, and others), and responding to inquiries;
Manage our operations, including deploying and managing our information technology systems and our testing systems, to provide you with administrative messages and legal notices, and meeting our contractual and legal obligations;
Conduct research and analytics regarding the use of and trends related to our services, including our testing services and our website;
Detect and defend against fraudulent, abusive, or unlawful activity.

Other than as described in this Privacy Policy, we will only use your personal information where you have provided your implied or expressed consent or as otherwise permitted or required by applicable laws.

6. How We Share Your Personal Information

We may share or disclose your personal information in the following circumstances:

Clinics, Collection Sites and Laboratories. We provide information to our trusted DriverCheck clinics, collection sites and laboratories we work with, to collect, analyze and report on test samples related to your medical, drug, and alcohol tests, testing history, and related information.
Medical Professionals. Depending on the nature of the tests conducted and in accordance with applicable laws, we may release information to medical professionals involved in assessing your test results and treatment regimes, including our Corporate Medical Director, our Chief Medical Review Officer (MRO), DriverCheck’s consultant physicians, nurse practitioners, and other clinical staff including nurses, your personal healthcare practitioners, substance abuse professionals, pharmacists, and other healthcare providers charged with determining whether you are fit for duty under applicable laws or regulations.
Governmental Agencies. Depending on the nature of the tests conducted and in accordance with applicable laws, we may release information to Canadian and American governmental agencies, at the federal and provincial/state levels, that administer or participate in mandatory testing regulatory regimes, including, but not limited to, the Department of National Defence (DND), the Canadian Nuclear Safety Commission (CNSC), Transport Canada (TC), the United States Department of Transportation (DOT), or the United States National Transportation Safety Board (NTSB) in the course of an accident investigation.
Employers. We provide information to your employer where our services are performed pursuant to your employer’s policies and related requirements, such as your employer’s drug and alcohol policies or occupational health policies.
Service Providers. We provide your personal information to third-party service providers who work on behalf of DriverCheck. For example, we may disclose your personal information to third-party service providers in connection with providing our services (including our testing services), management of our operations (including our website), to assist us in undertaking research or analytics, or other reasons reasonably related to the operation of our business.
Business Transactions. If another company acquires, or plans to acquire, our company, business, or our assets, or if we undergo a reorganization or financing of parts of our business (including in proceedings of insolvency or bankruptcy), we may share information with other parties to the transaction, including at the negotiation stage.

For Legal and Other Purposes. Applicable laws may permit or require the use, sharing, or disclosure of personal information without consent in specific circumstances. We may disclose your personal information: (i) to any governmental authority as part of an investigation to determine our compliance with applicable laws, rules, and regulations; (ii) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding; (iii) to protect the rights, property, or personal safety of DriverCheck, its clients, users of its services or the public, including to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities or suspected fraud; or (iv) as otherwise permitted or required by law.
Otherwise With Your Consent. Other than as listed above, we may, with your implied or expressed consent, share, or disclose your personal information with third parties, in accordance with applicable laws.

Other than the circumstances as listed above, we have a strict policy of not releasing personal information about you.

7. Cross-border Transfers

DriverCheck or its service providers may transfer your personal information for storage or processing to other jurisdictions, including in Canada and the United States. As a result, your personal information may be transferred to a jurisdiction other than the jurisdiction in which DriverCheck is located and in which you reside, and in those circumstances, your personal information may be subject to the law of that foreign jurisdiction and may thereby become accessible to government agencies, courts, and law enforcement in that jurisdiction.

8. Your Rights

If you want to review, verify, or correct your personal information or find out to whom we have disclosed it, you can ask our Privacy & Compliance Coordinator at the coordinates provided in the section entitled “Contact Us,” below. At that time, we will need specific information from you to enable us to search for, and provide you with, the personal information we hold about you.

We may take reasonable steps to verify your identity before granting access. Once we have done so, we will provide you with access to your personal information within a reasonable timeframe, in compliance with applicable laws. We may charge you a nominal fee to do this, however, we will advise you of the fee in advance.

There are a few instances where we will not be able to provide the personal information we hold about you that you request. Some of these instances include if it:

contains references to other persons;
is subject to solicitor-client, or litigation, privilege;
contains our own proprietary information that is confidential to us;
has already been destroyed due to legal requirements or because we no longer needed it for the purposes set out in this Privacy Policy; or,
cannot be disclosed for legal reasons.

If we are unable to provide you with access to your personal information, we will always explain the reasons why.

9. Keeping Your Personal Information Accurate

We are committed to maintaining the accuracy of your personal information for as long as it is being used for the purposes set out in this Privacy Policy, and you play an active role in keeping us up to date. Should you discover, upon review of your personal information, that amendments are required, please advise us. We will use our best efforts to advise others of any important amendments to your personal information that we may have released to them.

If we do not agree to make the amendments that you request, you may challenge our decision. We will make a record of this challenge and, if necessary, disclose the challenge to third parties that also possess the personal information.

10. Safeguarding and Keeping Your Personal Information Confidential

Your personal information is secure within DriverCheck. We have comprehensive security controls to protect against unauthorized use, alteration, duplication, destruction, disclosure, loss or theft of, or unauthorized access to your personal information. We maintain policies and practices to protect your information that include:

Our internal privacy policy

Provides a framework for our handling of your personal information;
Defines roles and responsibilities within DriverCheck for handling your information from the moment we gather it until it is destroyed; and,
Governs our internal process for dealing with complaints regarding the protection of personal information.

Our Confidentiality Policy governs our employees use of confidential information and consequences for not abiding by it.
Our Acceptable Use Policy governs the acceptable use of DriverCheck Inc.’s computing and network resources (IT resources) as well as other organizational assets.
Our Employee Handbook governs the behaviour and expectations of our employees with regards to personal information and confidential information.
Our Electronic Monitoring Policy provides information and transparency about how DriverCheck may electronically monitor and collect information pertaining to its employees during the course of their employment.
Our Workstation and Mobile Device Policy ensures the security of information residing on workstations and mobile devices owned by DriverCheck, as well as information that users can access through them.
Multifactor Authentication Policy is to ensure the security of DriverCheck's IT Infrastructure and that company resources and other sensitive data under our care do not get into the wrong hands.
Our Work from Home Policy establish terms, conditions, and expectations for employees regarding work from home arrangements.
Our privacy training course for employees goes into detail on what personal information is, how it is to be handled, and respected.
Our contracts and terms and conditions signed with third parties that we work with (suppliers and subcontractors) stipulate privacy and confidentiality requirements and the consequences for breaching such requirements.

Each and every one of our employees is responsible for maintaining the confidentiality of all personal information to which they have access. We keep our employees informed about our policies and procedures for protecting personal information and reinforce the importance of complying with them. All employees are also required, as a condition of employment, to conform to these policies and procedures.

11. Your Choices

Consent. You may be entitled under applicable law to withdraw your consent (except in limited circumstances, including legal or regulatory requirements or as a result of your contractual obligations with us or to your employer). If you choose not to provide us with certain personal information or if you withdraw your consent, where such withdrawal is available, we may not be able to provide you with our services, and there may be additional consequences, for example relating to your employment or to governmental authorizations, that are beyond our control. You may withdraw your consent by providing us with at least sixty (60) days written notice and by completing the necessary form available. The form can be obtained by contacting privacy@drivercheck.ca.

Cookies and other online technologies. Our website may make use of cookies, which automatically collect user data (such as user traffic patterns and server activity). A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer, allowing the website to identify your computer and track your activities on the website. If you do not want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies.

12. Changes

If we decide to change our Privacy Policy, we will post a new version reflecting these changes on our website. If the changes we make are significant, we will provide a more prominent notice when required by applicable laws. By continuing to use our services or otherwise interacting with us after the modified version of the Privacy Policy has been posted or you have been informed of such update, you agree to be bound by all such changes unless you advise us in writing, by phone, or by e-mail that you wish to withdraw your consent in accordance with the procedures provided in this Privacy Policy. If you do not agree to the changes in our Privacy Policy, it is your responsibility to stop using our services or interacting with us. It is your obligation to regularly review this policy to ensure that you read, understand, and agree to the latest version of the Privacy Policy. The "Effective Date" at the top of the Privacy Policy indicates when it was last updated.

13. Contact Us

We take our responsibility to protect the confidentiality of your personal information very seriously. Our Vice President of Enterprise, Dianne Holmes, oversees the protection of personal information and is responsible for our compliance with applicable privacy laws.

For more information about our commitment to protect the privacy and confidentiality of your personal information, please contact our Privacy & Compliance Coordinator, Branden Kearse, at privacy@drivercheck.ca or write to:

Privacy & Compliance Coordinator
DriverCheck Inc.
P.O. Box 1186
1 Manley Street
Ayr, Ontario N0B 1EO