SMITTY'S PRIVACY CODE

At Smitty’s, respecting privacy is an important part of our commitment to our customers and employees. That is why we have developed The Smitty’s Fine Furniture Privacy Code. The Smitty’s Fine Furniture Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by Smitty’s to its customers and employees. The objective of The Smitty’s Fine Furniture Privacy Code is to promote responsible and transparent personal information management practices in a manner consistent with the provisions of the Personal Information Protection and Electronic Documents Act (Canada).

Smitty’s will continue to review The Smitty’s Fine Furniture Privacy Code to make sure that it is relevant and remains current with changing industry standards, technologies and laws.

Summary of Principles

1. We are responsible for personal information under our control and shall designate one or more persons who are accountable for Smitty’s compliance with the following principles. A Privacy Officer has been appointed with these responsibilities.

2. We shall identify the purposes for which personal information is collected at or before the time the information is collected.

3. The knowledge and consent of a customer or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.

4. We shall limit the collection of personal information to that which is necessary for the purposes identified by us. We shall collect personal information by fair and lawful means.

5. We shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law.

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

7. We shall protect personal information by security safeguards appropriate to the sensitivity of the information.

8. We shall make readily available to customers and employees specific information about its policies and procedures relating to the management of personal information.

9. We shall inform a customer or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information. A customer or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

10. A customer or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Smitty’s compliance with The Smitty’s Privacy Code.

Scope and Application

The ten principles that form the basis of The Smitty’s Fine Furniture Privacy Code are interrelated and we shall adhere to the ten principles as a whole. Each principle must be read in conjunction with the accompanying commentary. As permitted by the Personal Information Protection and Electronic Documents Act (Canada), the commentary in The Smitty’s Fine Furniture Privacy Code has been drafted to reflect personal information issues specific to Smitty’s.

The scope and application of The Smitty’s Fine Furniture Privacy Code are as follows:
- The Smitty’s Fine Furniture Privacy Code applies to personal information collected, used, or disclosed by Smitty’s in the course of commercial activities.

- The Smitty’s Fine Furniture Privacy Code applies to the management of personal information in any form, whether oral, electronic or written.

- The Smitty’s Fine Furniture Privacy Code does not impose any limits on the collection, use or disclosure of the following information by Smitty’s:

(a) an employee’s name, title or business address or telephone number;

(b) other information about the individual that is publicly available and is specified by regulation pursuant to the Personal Information Protection and Electronic Documents Act (Canada).

- The Smitty’s Fine Furniture Privacy Code will not typically apply to information regarding Smitty’s corporate customers. However, such information is subject to similar policies and practices and through contractual arrangements.

- The application of The Smitty’s Fine Furniture Privacy Code is subject to the requirements and provisions of the Personal Information Protection and Electronic Documents Act (Canada), the regulations enacted thereunder, and any other applicable legislation or regulation.

Definitions

collection: The act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

consent: Voluntary agreement for the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Smitty’s

Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.

customer: An individual who purchases or otherwise acquires or uses any of Smitty’s products or services or otherwise provides personal information to Smitty’s in the course of Smitty’s commercial activities.

disclosure: Making personal information available to a third party.

employee: An employee of or independent contractor to Smitty’s.

personal information: Information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.

Smitty’s and Smitty’s Fine Furniture: Legal name is Smitty's Shopping Centre Limited.

third party: An individual or organization outside of Smitty’s.

use: The treatment, handling, and management of personal information by and within Smitty’s or by a third party with the knowledge and approval of Smitty’s.

Additional Information

For more information regarding the Smitty's Fine Furniture Privacy Code, please contact the Smitty's Privacy Officer, within the customer service department at 1-800-265-5533 or via privacyofficer@smittysfinefurniture.com

Please visit the Privacy Commissioner of Canada’s web site at www.privcom.gc.ca.

Updated: March 4, 2004

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