Privacy Policy

As at November 6, 2004

Introduction

New Flyer Industries and its affiliates and subsidiaries (collectively, "New Flyer") value the privacy and personal information of their customers, prospective customers, suppliers, prospective suppliers, directors, officers, shareholders, consultants, independent contractors and other stakeholders (collectively, the "New Flyer Stakeholders"). This Privacy Policy outlines the manner in which New Flyer collects, uses, discloses and manages the personal information of New Flyer Stakeholders in the course of commercial activities. It is based upon and adheres to the Ten Privacy Principles set out in the Government of Canada’s Personal Information Protection and Electronic Documents Act ("PIPEDA").

For the purposes of this Privacy Policy, "personal information" means any information that can be used to identify, distinguish or contact an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization. Our Privacy Policy does not apply to corporate information.

We recommend that you review this Privacy Policy in its entirety and revisit it periodically, as it may change from time to time. All changes will be posted on the New Flyer Web Site.

1. Accountability
We are responsible for personal information in our possession or under our control. Ms. Pamela Grushka has been designated as our Privacy Officer.  Ms. Grushka is responsible for New Flyer’s compliance with applicable privacy legislation, including PIPEDA.  Ms. Grushka's contact information is as follows (the "Privacy Officer Contact Information"):

Pamela Grushka
Privacy Officer
New Flyer Industries
711 Kernaghan Avenue
Winnipeg, Manitoba, Canada
R2C 3T4
T:  (204) 224-6481
F:  (204) 224-6620|
Email: pam_grushka@newflyer.com

2. Purposes for Collection of Personal Information
We collect personal information only for the following purposes:
(a) to identify the New Flyer stakeholders;
(b) to establish and maintain responsible relationships with the New Flyer Stakeholders;
(c) to understand, develop and/or enhance the needs, desires, concerns or opinions of the New Flyer stakeholders;
(d) to carry out our organizational activities;
(e) to manage and develop our business and operations; and
(f) to meet legal and regulatory requirements;
(collectively, the "Identified Purposes").

3. Consent

We will obtain consent for the collection, use and disclosure of personal information, except where inappropriate or permitted or required by law. How we obtain consent (i.e., the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. We may seek consent orally, electronically or in writing. Typically, we will seek consent at the time personal information is being collected.

When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose will be identified prior to such use or disclosure. Unless the new purpose is permitted or required by law, consent will be required before the personal information will be used or disclosed for the new purpose.

Keep in mind that you may withdraw your consent at any time to any of the uses or disclosures contemplated in this Privacy Policy, subject to legal or contractual restrictions and reasonable notice. Simply contact our Privacy Officer by using the Privacy Officer Contact Information to withdraw your consent. Please note, however, that withdrawing your consent to some of the contemplated uses or disclosures may render it impossible for us to continue to deal with you.

4. Collection of Information

We collect personal information in a number of different ways, including whenever you access our website.

We will limit the amount and type of personal information collected from you to that which is necessary for the purposes we have communicated to you, including the Identified Purposes. Further, we will retain your personal information only for so long as is necessary to fulfill our stated purposes.

We routinely collect anonymous, non-personal information through our Web servers. This is information that is not associated with or traced back to a specific individual. Gathered electronically, this information includes the type of Web browser used, the level of encryption a browser supports and the Internet Protocol address. This information may be used for research and analytical purposes, to examine how our website is being used and to determine how it can be improved.

When you visit our website, we may place a "cookie" on your computer. A cookie is a file written to your computer’s hard drive that records certain technical information about your Internet usage, such as your Internal Protocol address, browser type, or domain name. Also, if you submit personal information to our website (such as your name, interests or preferences), we may use cookies to keep track of such information so that you will not need to re-enter this information during subsequent visits. We may also use cookies to customize delivery to you of the content on our website. You may set your Internet browser preferences to notify you when you receive a cookie or to decline acceptance of cookies. However, if you decline acceptance of cookies, you may experience less than optimal performance of our Web Site.

Our websitecontains links to other third party sites. New Flyer is not responsible for the privacy policies or content on such sites.

5. Use, Disclosure and Retention of Personal Information

We will protect personal information disclosed to third parties by contractual or other means, stipulating the purposes for which it is to be used and the necessity to provide a comparable level of protection.

We will keep personal information only as long as it remains necessary or relevant for the Identified Purposes, any other purpose that has been consented to or as required by law. We will maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for any such purposes or required by law to be retained. Such information will be destroyed, erased or made anonymous.

6. Accuracy

7. Security and Safeguards

8. Openness

9. Individual Access
Upon request, we will provide you with access to the personal information we retain about you. Also upon request, you will be informed of the use and disclosure of your personal information. You may verify the accuracy and completeness of your information, and may request that it be amended, if appropriate. Simply contact our Privacy Officer by using the Privacy Officer Contact Information and we will look into your request.

In certain situations, we may not be able to provide you with access to all of your personal information. For example, if doing so would likely reveal personal information about another individual or any of our confidential information. In such a case, we will provide you with the reasons for denying your request.

10. Challenging Compliance
For More Information

If you have any questions, comments, complaints or suggestions about this Privacy Policy or New Flyer’s privacy practices, or if you wish to withdraw your consent to our use or disclosure of your personal information for any of the purposes contemplated herein, you can contact our Privacy Officer by using the Privacy Officer Contact Information.Even before we became subject to PIPEDA, we were committed to treating all New Flyer Stakeholders with the greatest respect and consideration and with providing the highest level of service. That commitment continues, and now extends to compliance with our Privacy Policy and with PIPEDA. Accordingly, if a complaint is found to be justified, we will take appropriate measures to resolve the complaint including, if necessary, amending our policies and procedures. An individual will be informed of the outcome of the investigation regarding his or her complaint.We are committed to being open about our policies and practices with respect to the handling of personal information. Our Privacy Policy is available through our website. If a hard copy or additional information is required, please contact our Privacy Officer by using the Privacy Officer Contact Information. We will use appropriate security measures to protect personal information against such risks as loss or theft or unauthorized access, disclosure, copying, use, modification or destruction, regardless of the format in which it is held.We will make every reasonable effort to keep personal information accurate, complete and up-to-date. In the event that you become aware of errors in your personal information, we would very much appreciate you submitting appropriate notification and corrective information to us. In such an event, we will correct the information in our records and make reasonable efforts to communicate the new information to relevant third parties.We may use an individual's personal information for any of the Identified Purposes, or for any other purpose that has been consented to or that is permitted by law. Only our directors, officers, employees, consultants and independent contractors with a business need to know, or whose duties or services reasonably so require, are granted access to personal information about a New Flyer stakeholder.

We may disclose an individual's personal information to a third party:
(a) who requires such information in order to assist New Flyer in the general administration and/or operation of its business and/or the supply of products and/or services to that individual; or
(b) who requires such information and who is affiliated with or otherwise related to or part of the New Flyer group of companies; or
(c) with whom New Flyer may at any time in the future be negotiating for the purpose of that third party making an investment in New Flyer, making a loan to New Flyer or purchasing all or any part of New Flyer's business operations; or
(d) where that individual has consented to such disclosure; or
(e) where such disclosure is permitted or required by law.