Privacy Policy


1. Introduction

The Markham and East York Agricultural Society (“Markham Fair”) is committed
to maintaining the accuracy, security and privacy of personal information.
This Privacy Policy is a statement of principles and guidelines for the
protection of personal information of our exhibitors, customers, personnel,
service providers and other individuals. The objective of the Markham
Fair Privacy Policy is to ensure responsible and transparent practices
in the management of personal information, in accordance with applicable

This Privacy Policy applies to Markham Fair and its personnel and agents.
Markham Fair does not include exhibitors, resellers or distributors of
Markham Fair products and services. Any time you do business with Markham
Fair, or with an agent authorized to act on our behalf, you are protected
by the rights and safeguards contained in this Privacy Policy. For the
purposes of this Privacy Policy, “affiliates” means the parent
company, subsidiaries and affiliated companies of Markham Fair, as they
may exist from time to time, and the Markham and East York Agricultural Society and its
parent company, subsidiaries and affiliated companies as they may exist
from time to time.

In addition to this Privacy Policy, Markham Fair may also be subject
to the requirements of applicable legislation and regulations and the
orders of any court, regulatory body or other lawful authority.

2. Personal Information

Personal information is information about an identifiable individual.
Personal information does not include aggregated information that does
not allow an individual to be identified. An individual’s business
contact information, such as his or her name, title, business address,
business telephone and business facsimile numbers, are not considered
to be personal information.

3. Privacy Principles

The following are the ten privacy principles forming this Privacy Policy.

Principle 1 – Accountability

Markham Fair is responsible for personal information under its control
and shall designate one or more persons who are accountable for Markham
Fair’s compliance with the following principles. Markham Fair has
established a Chief Privacy Officer to oversee compliance with this Privacy
Policy. Contact information for the Markham Fair Chief Privacy Officer
is provided below.

Principle 2 – Identifying Purposes for Collection of Personal Information

Markham Fair shall identify the purposes for which personal information
is collected at or before the time the personal information is collected.
Some of the identified purposes for which Markham Fair collects, uses
or discloses of personal information are described in section 4 below.

Principle 3 – Obtaining Consent for Collection, Use or Disclosure of
Personal Information

The knowledge and consent of an individual are required for the collection,
use, or disclosure of his or her personal information, except where inappropriate
or as permitted by law. In obtaining consent, Markham Fair shall use
reasonable efforts to ensure that an individual is advised of the identified
purposes for which personal information will be used or disclosed. In
determining the appropriate form of consent, Markham Fair shall take
into account the sensitivity of the personal information and the reasonable
expectations of a reasonable person. Consent shall not be obtained through
deception. An individual may withdraw consent at any time, subject to
legal or contractual restrictions and reasonable notice. Markham Fair
will advise the individual of the implications of such withdrawal.

Principle 4 – Limiting Collection of Personal Information

Markham Fair shall limit the collection of personal information, both
the amount and the type of information, to that which is necessary for
the purposes identified by Markham Fair. Personal information shall be
collected by fair and lawful means, and not by misleading or deceiving
individuals about the purpose or which information is being collected.

Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information

Markham Fair shall not use or disclose personal information for purposes
other than the identified purposes for which it was collected, except
with the consent of the individual or as required or permitted by law.
Markham Fair shall retain personal information only as long as necessary
to fulfill the identified purposes.

Principle 6 – Accuracy of Personal Information

Personal information shall be as accurate, complete and up-to-date as
is necessary for the purposes for which it is to be used. Markham Fair
shall update personal information about individuals as and when necessary
to fulfill the identified purposes or upon notification by the subject
individual. Markham Fair will not routinely update personal information,
unless such process is necessary to fulfill the identified purposes.

Principle 7 – Security Safeguards

Markham Fair shall protect personal information by security safeguards
appropriate to the sensitivity of the information. Markham Fair shall
use reasonable efforts and security measures to protect personal information
against loss or theft, as well as unauthorized access, disclosure, copying,
use, modification, disposal or destruction. Markham Fair shall protect
personal information disclosed to third parties by contractual agreements
stipulating the confidentiality of the information and the limited purposes
for which it is to be used.

Principle 8 – Openness Concerning Policies and Practices

Markham Fair shall make readily available to individuals specific information
about its policies and practices relating to the management of personal
information. Markham Fair shall make information about its personal information
policies and practices available on the Markham Fair website at
and upon request to the Chief Privacy Officer via the contact information
provided below.

Principle 9 – Individual Access to Personal Information

Upon written request from an individual pursuant to Principle 8, Markham
Fair shall inform the individual of the existence, use, and disclosure
of his or her personal information and, subject to certain exceptions,
shall give the individual access to that information. If access is denied,
Markham Fair shall notify the requesting individual in writing, give
reasons for the denial, and inform the individual of the recourses open
to him or her. If access is granted, Markham Fair shall afford the requesting
individual a reasonable opportunity to review the personal information
collected by Markham Fair. Personal information will be provided in an
understandable form within a reasonable time, generally within 30 days,
and at minimal cost to the individual. Markham Fair may extend such 30
day period by up to an additional 30 days if meeting the time limit would
unreasonably interfere with the activities of Markham Fair or the time
required to undertake any consultations necessary to respond to the request
would make the time limit impracticable to meet. An individual shall
be able to challenge the accuracy and completeness of the information
and have it amended as appropriate.

Principle 10 – Challenging Compliance

An individual shall be able to address a challenge concerning compliance
with this Privacy Policy to the Markham Fair Chief Privacy Officer.

4. Identified Purposes for the Collection, Use and Disclosure of Personal

Markham Fair and its agents, affiliates and service providers may collect,
use and/or disclose your Personal Information for the following purposes:

(a) to consider whether Markham Fair or any of its affiliates should
establish or continue a commercial or franchise relationship with existing
or potential exhibitors, including without limitation, to evaluate credit
standing and to match credit bureau or credit reporting agency information,
to check references and confer with banking institutions;

(b) to establish and maintain commercial or franchise relations with
exhibitors, customers, suppliers, financial institutions, and affiliates,
and to provide ongoing products and services, administer accounts, make
and receive payments, engage in leasing arrangements (including without
limitation, with M.T. Leasing Inc.), and fulfill contractual obligations;

(c) to understand and respond to franchisee and customer needs and preferences,
including to communicate with exhibitors and customers and to conduct
surveys and promotions;

(d) to develop, publish and distribute our franchise newsletters, press
releases, marketing and advertising media, and other Markham Fair branded
products and services, in any format or media;

(e) to develop, enhance, market, sell, provide and inform you of Markham
Fair’s products and services;

(f) to develop, enhance, market, sell, provide and inform you of products
and services of third parties, including our affiliates and franchise
suppliers, with whom Markham Fair and/or its exhibitors have a commercial

(g) to manage and develop Markham Fair’s and its affiliates’ businesses
and operations;

(h) in the course of conducting regular human resources operations,
compensation, tax and benefits administration, including for the purposes
of establishing, managing or terminating an employment or consulting
relationship, to administer corporate travel, and to obtain and provide
references regarding prospective, current or former personnel and exhibitors;

(i) to update and verify our databases and information provided by third

(j) to monitor communications to ensure the consistency and quality
of the products and services of Markham Fair, its affiliates, exhibitors,
suppliers, and other third parties with whom Markham Fair has a commercial

(k) to detect and protect Markham Fair, its affiliates, exhibitors and
other third parties against error and fraud and other illegal activity,
and to audit compliance with Markham Fair’s corporate policies
and contractual obligations;

(l) to engage in business transactions, including the purchase, sale,
lease, merger, amalgamation or any other type of acquisition, disposal,
securitization or financing involving Markham Fair or its affiliates
or exhibitors;

(m) as permitted by, and to comply with, any legal or regulatory requirements
or provisions; and

(n) for any other purpose to which you consent.

In addition to the purposes identified above, Markham Fair may collect,
use or disclose personal information from or to an organization or individual
(including an affiliate):

(1) who, in the reasonable judgment of Markham Fair, is providing or
seeking the information as an agent of the subject individual;

(2) retained by Markham Fair to perform functions on its behalf or to
provide services to Markham Fair, provided such organization or individual
does not collect, use or disclose the personal information for any purpose
other than to perform such functions or provide services to Markham Fair;

(3) where the subject individual consents to such collection, use or
disclosure, or as required or permitted by law.


BY LAW. Subject to legal and contractual requirements, you may refuse
or withdraw your consent to any one or all of the purposes described
in Sections 4(a), (b), (c), (d), (e), (f), (g), (i), (j), (l) and (n)
at any time with reasonable notice by contacting the Markham Fair Chief
Privacy Officer. If you refuse or withdraw your consent, we may not be
able to establish or maintain a franchise or commercial relationship
or provide you or continue to provide you with some products, services
or information which may be of value to you. To the extent that you provide
Markham Fair with personal information of another person, you represent
that you have the power and/or have obtained all necessary consents from
such person to enable Markham Fair to collect, use and disclose such
personal information for the purposes set forth in this Privacy Policy.

5. Privacy and our Websites

Cookies – When you access the Markham Fair websites, we may use a browser
feature called a ‘cookie’ to collect information that is
not personally identifiable (such as the type of Internet browser and
operating system you use, the domain name of the website from which you
came, number of visits, average time spent on our website, and pages
viewed). A cookie is a small text file containing a unique identification
number that identifies your browser, but not you, to our computers each
time you visit one of our websites that uses cookies. Unless you specifically
inform us, we will not know who you are. In addition to the identified
purposes described in our Privacy Policy, Markham Fair may use this cookie
information and share it with our affiliates and other organizations
with whom we have a commercial relationship to measure the use of our
websites and to improve the functionality and content of the websites.
If you wish, you can reset your browser either to notify you when you
have received a cookie or refuse to accept cookies. However, if you refuse
to accept cookies, you may not be able to use certain features on our

Online Communications – In order to provide you with a product,
service or information, you may voluntarily submit personal information
to us for purposes such as submitting a franchise application, obtaining
information, corresponding with us, and participating in contests and
surveys. We may combine and store personal information about your use
of our websites and the online information you have provided with certain
other online and offline information we may have collected.

E-Mail Communications – Occasionally, Markham Fair may send you e-mail
communications with information that may be useful to you, including
information about the products and services of Markham Fair, its affiliates
and other third parties with whom we have a commercial relationship.
We will include instructions on how to unsubscribe and inform us of your
preferences if you decide you do not want to receive any future marketing
or promotional e-mails from Markham Fair. However, if you are a franchisee,
customer, supplier or otherwise have a commercial relationship with Markham
Fair, to ensure that you receive important information, you agree that
we may send you non-marketing related information when necessary.

Links – Our websites may contain links to other websites which are provided
to you as a convenience only. You are advised that other third party
websites may have different privacy practices than Markham Fair, and
Markham Fair has no responsibility for such third party websites.

6. Changes to this Privacy Policy

Markham Fair reserves the right to modify or supplement this Privacy
Policy at any time. If we make any change to this Privacy Policy, we
will post such changes on our website and will be available upon request
to the Markham Fair Chief Privacy Officer. However, Markham Fair will
seek an individual’s consent if it seeks to collect, use or disclose
his or her personal information for purposes other than those to which
the individual has consented unless otherwise required or permitted by

Changes to our Privacy Policy will be noted here so that you can be
fully informed about our privacy policies and practices.

Date last revised: April 18, 2004

Description of Revision: New draft

7. Further Information

For more information on Markham Fair’s privacy practices or if
you have questions or concerns about your privacy, you can contact us
through the Markham Fair website at or by phoning
Customer Service at 905-642-3247. Our customer service representatives
will assist you in resolving the situation. If you still have unsolved
concerns with respect to the treatment of your personal information by
Markham Fair, you may address these concerns to the Chief Privacy Officer

Markham Fair Chief Privacy Officer

10801 McCowan Road,

Markham, Ontario,

L3P 3J3


fax: 905-640-8458