Privacy Policy

Chocolaterie Bernard Callebaut

(last updated November 9, 2011)

Alberta’s Personal Information Protection Act, S.A. 2003, c. P-6.5 (" the Act" ) regulates the way private sector organizations within Alberta collect, use, and disclose personal information. " Personal Information" means information about an identifiable individual. Chocolaterie Bernard Callebaut Partnership and Chocolaterie Bernard Callebaut Ltd. (collectively, " Chocolaterie Bernard Callebaut" ) recognize the importance of individual privacy and respect the sensitivity of personal information we receive in the course of our manufacturing, distribution, and retail sale business. This policy has been developed with these considerations in mind.

This policy provides details regarding: (1) why we collect personal information, (2) what we do with that information, (3) the steps we take to ensure that access to that information is secure, (4) how individuals can access personal information pertaining to them, and (5) how to contact us with questions or concerns regarding our policies or practices.

Since we regularly review our policies and practices, comments on this policy are always welcome. We reserve the right to change this Privacy Policy at any time. However, any changes or additions to the section of this policy that describes our collection, use, and disclosure of personal information will not apply to an individual unless that individual consents to such application. We will alert individuals to changes in this Privacy Policy by indicating at the top of the Privacy Policy the date that it was last updated.

Part A - Which Applies to our Customers and Suppliers

Our Need to Collect Personal Information

In the course of our business manufacturing, distributing, and selling products, and licensing the use of our brands and names, we need to collect relevant facts and information from the individuals with whom we deal. We ordinarily collect personal information in the following circumstances:

when we communicate with a customer or prospective customer regarding the purchase of our products by an individual
when we communicate with an individual about the possibility of us forming a business relationship with that individual or another person, such as a Chocolaterie Bernard Callebaut dealership or other distribution arrangement in respect of our products
when we communicate with an individual during the course of an established business arrangement identified in point (2) above
when we communicate with an individual regarding brand and name licensing matters
when we purchase goods or services from, or obtain quotations from, suppliers who are individuals (or when we are given personal information by individuals employed by our suppliers)
when we communicate with individuals regarding donations or regarding our participation in promotional or public relations activities
when we require business or credit information about our customers or the individuals referred to in point (2) above, to make sure that we are paid for products or services that we supply
when we communicate with individuals regarding leasing activities or the management and operation of real property owned or leased by us

Where practical, we will try to collect personal information directly from the person to whom the information pertains. Where necessary, however, we will collect personal information from other sources.

Use and Disclosure of Personal Information

We will only use the personal information we collect in connection with the following activities:

uses mentioned or implicit in items (1) - (8) listed under the heading above
manufacturing, distributing, selling, and shipping products
contacting our customers about matters affecting health or safety
managing our provision of goods and services to customers, including the taking of steps to ensure that we are paid for goods and services that we supply
entering into and then managing business relationships with others, including dealership and other distribution arrangements
purchasing and managing our acquisition of goods and services from suppliers
evaluating requests for and making donations
evaluating promotional or public relations opportunities, and then participating in such activities
monitoring or investigating the credit status of customers
compiling aggregated data for internal analysis
including an individual’s personal information within a marketing database, so that we can contact customers and potential customers regarding our products and promotions
exchanging personal information with third party dealers who operate Chocolaterie Bernard Callebaut retail stores or who otherwise distribute our products, for the purposes mentioned in items (2) - (9) of this list
contracting with third parties to do work that we might otherwise do ourselves, as outlined in points (1) - (11) of this list, in which case such third parties will only be provided with personal information subject to the terms of this Privacy Policy, and then only as required to permit such third parties to undertake the work in question for us
engaging the services of consultants, professionals, or other advisors to assist us in our financial, legal, or strategic activities and planning
sharing personal information with affiliates of Chocolaterie Bernard Callebaut, in which case the personal information will be shared on the basis that the terms of this Privacy Policy apply to the affiliate’s collection, use, and disclosure of the personal information

Consent to the Collection, Use, and Disclosure by Us of Personal Information

The Act provides that an individual is deemed to consent to the collection, use, or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.

By communicating with Chocolaterie Bernard Callebaut in respect of any of the activities described above, we consider that an individual consents to our collection, use, or disclosure of that individual’s personal information as necessary for us to undertake the business activities noted.

It is our policy to collect personal information about individuals other than our customers and suppliers in accordance with the provisions of the Act.

When we collect personal information about individuals directly from them, except when their consent to the collection is deemed, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.

The Act also permits us to collect, use, or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited) to the circumstance where:

the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way
collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding
the personal information is available to the public from a prescribed source, or
the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada

Accuracy and Retention of Personal Information

When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete. The Act also allows us, for legal or business purposes, to retain personal information for as long as is reasonable. Once we no longer require personal information for the purposes described above, we will destroy the records containing such personal information.

Security of Personal Information

We recognize our business and legal obligations to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our customers, suppliers, and other individuals during the course of conducting our business.

We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.

Requests for Access to Personal Information

The law permits individuals to submit written requests to us to provide them with:

their personal information under our custody or control
information about the purposes for which their personal information under our custody or control has been and is being used by us
the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by us

We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.

An individual’s ability to access his or her personal information under our control is not absolute. The law provides that we must not disclose personal information where:

the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request
the disclosure would reveal personal information about another individual, or
the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity

The law further provides that we may choose not to disclose personal information where:

the personal information is protected by any legal privilege
the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information
the personal information was collected by us for an investigation or legal proceeding
the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided
the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under an agreement, under an enactment, or by a court, or
the personal information relates to or may be used in the exercise of prosecutorial discretion

Requests for Correction of Personal Iinformation

The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:

correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information, or
decide not to correct the personal information but annotate the personal information that a correction was requested but not made

Communicating with Us

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at:

Chocolaterie Bernard Callebaut
1313 - 1st Street S.E.
Calgary, Alberta
T2G 5L1
Telephone: (403) 265-5777
Fax: (403) 265-7738
Attn: Brian Beck

If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, you may wish to contact the Office of the Information and Privacy Commissioner at:

410, 9925 - 109 Street
Edmonton, AB T5K 2J8
Telephone: (780) 422-6860
Fax: (780)422-5682

Part B - Applicable to our Employees

Employee Personal Information

An employee is someone employed by Chocolaterie Bernard Callebaut or someone who performs a service for us and includes a volunteer, a student, a temporary employee, and those in a contract or agency relationship with us.

Employee personal information refers to an employee’s personal information reasonably required by us that is collected, used or disclosed for the purposes of establishing, managing or terminating an employment or volunteer relationship, but does not include personal information not related to that relationship.

Contact information refers to an individual’s name and position or title, business telephone number, business address, business e-mail, business fax number and other business contact information.

Collection, Use and Disclosure of Personal Information

The law provides that we can collect, use, and disclose an individual’s employee personal information without consent if the individual is an employee of the organization or if it is for the purpose of recruiting a potential employee, but only if:

the collection, use, or disclosure is reasonable for the purposes for which it is being collected, used, or disclosed
the information is related to the employment relationship with us and
we have, with employees, provided notification to them before collecting, using or disclosing the information that we are doing so and our purposes for doing so.

Where practical, we try to collect employee personal information directly from the person to whom the information pertains. Where necessary, we collect personal information from other sources.

When collecting employee personal information from other sources, or when using or disclosing the personal information we have collected, we will, where required, first obtain the consent of the individual.

The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.

In addition to the circumstances outlined above, there are other times when the law permits us to collect, use or disclose personal information about an individual without their consent. Such circumstances include (but are not limited) to where:

the collection, use, or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way
the collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding
the personal information is available to the public from a prescribed source, or
the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.

When we collect, use, or disclose employee personal information, we will make reasonable efforts to ensure that it is accurate and complete. The Act also allows us, for legal or business purposes, to retain personal information for as long as is reasonable.

Security of Personal Information

We recognize our legal obligations to protect personal information during the course of conducting our business. We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information.

Requests for Access to Personal Information

The law permits individuals, including employees, to submit written requests to us to provide them with:

their personal information under our custody or control
information about the purposes for which their personal information under our custody or control has been and is being used by us, and,
the names of persons to whom, and the circumstances in which, their personal information has been and is being disclosed by us

We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. We are not permitted to charge fees for requests for employee personal information.

An employee’s ability to access his or her personal information under our control is not absolute. The law provides that we must not disclose personal information where:

the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request
the disclosure would reveal personal information about another individual, or
the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity

The law further provides that we may choose not to disclose personal information where:

the personal information is protected by any legal privilege
the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information
the personal information was collected by us for an investigation or legal proceeding
the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided
the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under an agreement, under an enactment, or by a court, or
the personal information relates to or may be used in the exercise of prosecutorial discretion

Requests for Correction of Personal Information

The law permits individuals, including employees, to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:

correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information, or
decide not to correct the personal information but annotate the personal information that a correction was requested but not made.

Contacting or Communicating with Us

Chocolaterie Bernard Callebaut
1313 - 1st Street S.E.
Calgary, Alberta
T2G 5L1
Telephone: (403) 265-5777
Fax: (403) 265-7738
Attn: Brian Beck

410, 9925 - 109 Street
Edmonton, AB T5K 2J8
Telephone: (780) 422-6860
Fax: (780)422-5682