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Virgin Mobile Canada Privacy Policy

Heads up! This privacy policy ended on March 23, 2017. Get the details on our new Privacy Policy so you can get up to speed.

Actually, our privacy policy is kinda interesting to read.

This is important information, so we recommend taking the time to read through the details so you can get up to speed. It’s actually kinda interesting!

Virgin Mobile is committed to maintaining the privacy, accuracy and security of its Members’ personal information. We demonstrate this commitment in our employee training, the technical safeguards we use to protect your information and our policies, including this Privacy Policy.  Virgin Mobile complies with all applicable laws and regulations relating to privacy. 

This Privacy Policy describes how we respect your privacy and treat your "Personal Information", which is information about you as an identifiable individual that is protected by law. The policy explains:

  • how and why we collect, use and disclose your Personal Information;
  • how and when your informed consent will be requested (along with certain exceptions);
  • how you can access your Personal Information held by us; and
  • who to contact if you have questions or concerns about our treatment of your privacy.

We hope you will find this policy informative and helpful.

Application of this Privacy Policy:

1. Who does this Privacy Policy apply to?

All Virgin Mobile Members and authorized users of Virgin Mobile products and services.

2. Is this Virgin Mobile’s only Privacy Policy?

While this document is meant to be comprehensive, it cannot address every situation in which Virgin Mobile deals with Personal Information.  Certain products or services provided by Virgin Mobile involve specific privacy considerations which require explanation.  We provide notice of these product or service-specific policies in various ways based on what is appropriate in the circumstances. These policies form a part of this Privacy Policy. For example, given the unique nature of mobile devices and the “small screen” challenge, Virgin Mobile has developed a Mobile App Privacy Notice which you can find within the My Benefits and My Account apps. We may also provide you with additional information on privacy practices through various means such as website terms of use, online notices or prompts, frequently asked questions or other documents or websites.  

3. Which companies do the protections of this Privacy Policy apply to?

Virgin Mobile Canada, a division of Bell Mobility Inc. (“Virgin Mobile”, “we” and “our”), along with all Bell companies and brands with whom Virgin Mobile shares your Personal Information as explained in Section 10 below.  Virgin Mobile’s suppliers and authorized agents must also treat Personal Information in a manner consistent with this Privacy Policy.

4. What information does this Privacy Policy apply to? 

All Personal Information that we collect, use or disclose is covered by this policy.  Your Personal Information is information about you as an identifiable individual that is protected by law. This may include specific information such as your name, mailing address, email address, phone number, credit information, and billing or service records.  Applicable laws and regulations create some exceptions to what is ordinarily considered Personal Information, explained in Section 5 below.

5. Is all information that identifies me considered protected Personal Information?

Not necessarily. When certain Personal Information, such as your name, mailing address and telephone number is published (for example, in a telephone directory listing), it is exempted from privacy protections by applicable law. Your name, title, business address or telephone number in your capacity as an employee of a business is also not considered to be Personal Information. Information about you but which cannot be associated with you as an identifiable individual is not considered to be Personal Information either. For example, information about you that has been anonymized or aggregated so that it doesn’t directly identify you is not "Personal Information".

Consent and Your Personal Information:

6. Does Virgin Mobile need my consent to collect, use or disclose my Personal Information?

Usually, but not always. When it is reasonable in the circumstances, we will imply consent from your actions; for example, if you give us your address we may use your address to send bills or other important notices related to your Virgin Mobile services. In other situations, we may need your express consent before we collect, use or disclose your Personal Information. For example, we would obtain your express consent before using your Personal Information to perform a credit check. You demonstrate express consent when you explicitly agree verbally, or by signing a document, or ticking a box or performing a similar act showing consent. There are a few circumstances where it might be impossible or inappropriate to obtain your consent, and in those cases, we may collect, use or disclose your information without your consent. Examples include:

  • if it is clearly in your interests (such as a medical emergency or a threat to your safety);
  • to collect a debt; 
  • to investigate the breach of an agreement or applicable law;
  • to comply with a warrant or other court order; or
  • as otherwise permitted or required by law.

7. How does Virgin Mobile obtain my consent?

It depends on the circumstances, including the type of information being collected, used or disclosed. We may rely on your implied consent if it is reasonable to think you agree in the circumstances. We may request your express consent when our collection, use or disclosure of Personal Information is considered to be more sensitive or not necessarily expected. To assist your understanding of the difference between implied and express consent, here is an example: When you sign up as a Virgin Mobile Member, we rely on your ongoing implied consent to track your usage of Virgin Mobile services for the purpose of billing you for the Virgin Mobile services you use. However, we would request your express consent before we would use your Personal Information to enable individual location-based marketing for a third-party.

Collection, Use, Disclosure and Your Personal Information:

8. When does Virgin Mobile collect my Personal Information?

It depends on the purpose for which the Personal Information is being collected and the product or service involved. Below are some examples of how we collect Personal Information:

  • when you provide your Personal Information during the inquiry, activation or purchase process for a Virgin Mobile product or service;
  • when Virgin Mobile provides service to our Members, including when we provide technical support or during the warranty, repair claims and service process;
  • automatically when you use Virgin Mobile products or services, or visit a Virgin Mobile website (such as through the use of cookies), call into a call centre, and via security cameras when you shop in one of our corporate retail locations; or
  • from third-parties, such as reporting agencies, or third-parties with whom you have had a payment relationship.

9. How does Virgin Mobile use my Personal Information?

Virgin Mobile mainly uses your Personal Information in order to provide you with products or services. Virgin Mobile may also use your Personal Information to fulfill the additional purposes set out below:

  • to establish and maintain responsible commercial relations with you and to provide ongoing service;
  • to understand the needs and preferences of our Members, and determine your eligibility for products and services;
  • to recommend products and services to meet your needs;
  • to develop, enhance, market or provide products and services;
  • to manage and develop business operations; or
  • to meet our legal and regulatory requirements.

If Virgin Mobile wishes to use your Personal Information for any purpose in addition to those explained above, we will obtain your consent beforehand if it is necessary (as described in Sections 6 and 7 above).

10. Who does Virgin Mobile disclose my Personal Information to?

There are a variety of circumstances where we may disclose some of your Personal Information. For example, as explained in your Virgin Mobile Terms and Conditions of Service, Virgin Mobile will share your Personal Information within the Bell family of companies and brands (including, but not limited to, Bell Canada, Bell TV, Bell Media, Bell Aliant, Solo, The Source, and their affiliates). We may also disclose Personal Information to:

  • suppliers and authorized agents who assist with activities such as service installation or network maintenance, subject to strict security safeguards;
  • another communications service provider or a telephone directory service provider in order to offer efficient and effective communications services (for example, to provide roaming services when you roam in another carrier’s coverage area);
  • third-party collections agencies for the purpose of collecting amounts owed to Virgin Mobile which are past due;
  • third-parties (such as credit reporting agencies or anyone you have had a payment relationship with) to assess creditworthiness;
  • to an appropriate public authority in an emergency situation where there is imminent danger to life or property; or
  • as otherwise permitted or required by law.

If Virgin Mobile wishes to use your Personal Information for any purpose in addition to those explained above, we will obtain your consent beforehand if it is necessary (as described in Sections 6 and 7 above).

Withdrawing Your Consent:

11. Can I opt-out of the collection, use or disclosure of my Personal Information by Virgin Mobile? 

You may be able to withdraw your consent, or opt-out, of the collection, use or disclosure of your Personal Information, depending on the situation.  Where your Personal Information is reasonably necessary for the provisioning of the services you have requested or the operation of Virgin Mobile’s network, the collection, use and disclosure of Personal Information is a condition of service and you cannot opt-out without terminating your services.  If your Personal Information is not reasonably necessary for the provisioning of the services you have requested or the operation of Virgin Mobile’s network, you will have the choice to withdraw your consent by opting out.  For example, where you have provided express consent for the use of specific wireless location information for marketing purposes, you can opt-out later on as you like.  Similarly, you can opt-out of your Personal Information being used for a variety of marketing communications by Virgin Mobile, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages.

Accuracy and Safeguarding of Your Personal Information:

12. How do I learn more about my Personal Information at Virgin Mobile and if it is accurate?

Just ask us, we are happy to help. The contact information for the Office of the Virgin Mobile Privacy Ombudsman can be found in Section 18 below. Virgin Mobile will provide you with the opportunity to review the Personal Information in your file within a reasonable time after receiving your request  –  and at nominal or no cost to you – subject to certain restrictions. If we cannot provide you with access to your Personal Information (for example, if it would involve disclosure of someone else’s Personal Information or confidential or privileged information), then Virgin Mobile will advise you of the reason for denying part or all of your request.  We aim to keep the Personal Information we hold about you accurate, up-to-date and complete. If you find that there are inaccuracies in your Personal Information, just let us know and your Personal Information will be corrected.

13. How does Virgin Mobile protect my Personal Information?

By using appropriate security safeguards which vary depending on the sensitivity of the Personal Information in question. All of our employees with access to Personal Information are required as a condition of employment to respect the confidentiality of Personal Information. Personal Information disclosed by Virgin Mobile to third-parties is also governed by this Privacy Policy through comparable protections in our commercial agreements and protected by any additional safeguards that may be required depending on key factors such as the sensitivity of the Personal Information being processed.

14. Will my Personal Information ever be transferred, stored or processed outside of Canada?

Yes, sometimes. In such cases, your Personal Information may be subject to the legal jurisdiction of foreign countries. Your Personal Information is only provided to Virgin Mobile’s suppliers and authorized agents operating outside of Canada in accordance with agreed upon safeguards for your information no less rigorous than those offered by Virgin Mobile in Canada. Personal Information processed outside of Canada may only be used by such third parties for the purposes of providing the services detailed in their commercial agreement with Virgin Mobile.

15. How long does Virgin Mobile keep my Personal Information?

Only as long as it remains necessary or relevant for the identified purposes or as required by law. Virgin Mobile maintains reasonable schedules and practices for Personal Information retention and destruction. Once Personal Information is no longer necessary or relevant for the identified purposes, or required by law to be retained, such information is destroyed, erased or made anonymous.

Changes, Questions and Contact Information:

16. How will I be informed of changes to this Privacy Policy?

Virgin Mobile may change this Privacy Policy (and other product or service-specific privacy policies) over time in accordance with applicable laws. Virgin Mobile will notify you of changes either by posting the change on virginmobile.ca, by including notice in your bill, by sending you an email or a text message, or by any other reasonable means.

17. Which laws apply to Virgin Mobile’s collection, use and disclosure of my Personal Information?

Virgin Mobile designs its privacy practices to be compliant with applicable Federal and provincial laws of Canada, including the Personal Information Protection and Electronic Documents Act and the Canadian Radio-television and Telecommunications Commission rules regarding confidential information.

18. Questions or concerns about Virgin Mobile’s privacy practices?  

We recognize that your Personal Information is important to you, so please visit our privacy pages at virginmobile.ca/privacy for additional information. The virginmobile.ca/privacy pages include frequently asked questions on topical privacy issues.  Or contact us at the number shown on your bill.  If a Virgin Mobile service representative cannot address your concerns to your satisfaction, you can write to:

The Office of the Virgin Mobile Privacy Ombudsman
160 Elgin Street
 Ottawa, Ontario K2P 2C4 or via email at privacy@virginmobile.ca.

Virgin Mobile investigates all complaints concerning compliance with this Privacy Policy. If a complaint is found to be justified, we will take appropriate steps to resolve the complaint including, if necessary, changing our policies and practices.

19. What if I still have concerns after contacting the Virgin Mobile Privacy Ombudsman?

If the Virgin Mobile Privacy Ombudsman does not resolve your concern to your satisfaction, you can contact:

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3
Toll-free: 1-800-282-1376