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Tim Hortons app collected vast amounts of sensitive data: privacy watchdogs

Users had movements tracked and recorded every few minutes, even when app was not open
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A Tim Hortons cup is seen inside a Tim Hortons restaurant in Toronto, Friday, March 6, 2020. THE CANADIAN PRESS/Cole Burston

The Tim Hortons mobile ordering app violated the law by collecting vast amounts of location information from customers, an investigation by federal and provincial privacy watchdogs has found.

In a report released Wednesday, privacy commissioners said people who downloaded the Tim Hortons app had their movements tracked and recorded every few minutes, even when the app was not open on their phones.

The investigation came after National Post reporter James McLeod obtained data showing the Tim Hortons app on his phone had tracked his location more than 2,700 times in less than five months.

Federal privacy commissioner Daniel Therrien did the probe with privacy commissioners from British Columbia, Quebec and Alberta.

BԪַOur joint investigation tells yet another troubling story of a company that failed to ensure proper design of an intrusive technology, resulting in a mass invasion of CanadiansBԪַ privacy,BԪַ Therrien said.

BԪַIt also highlights the very real risks related to location data and the tracking of individuals.BԪַ

The commissioners found the Tim Hortons app asked for permission to access a mobile deviceBԪַs geolocation functions, but misled many users to believe information would be accessed only when the app was in use.

However, the app tracked users as long as the device was on, continually gathering their location data.

The commissioners say Tim Hortons collected BԪַvast amountsBԪַ of granular location data with the aim of delivering targeted advertising, to better promote its coffee and associated products, but that it never actually used the data for this purpose.

The app used location data to infer where users lived, where they worked and whether they were travelling, the watchdogs found.

It generated an BԪַeventBԪַ every time users entered or left a Tim Hortons competitor, a major sports venue or their home or workplace, the commissioners said in a joint news release.

BԪַThe investigation uncovered that Tim Hortons continued to collect location data for a year after shelving plans to use it for targeted advertising, even though it had no legitimate need to do so,BԪַ the release said.

BԪַThe company says it only used aggregated location data in a limited way, to analyze user trends BԪַ for example, whether users switched to other coffee chains, and how usersBԪַ movements changed as the pandemic took hold.BԪַ

Tim Hortons said Wednesday the company took immediate steps in 2020 to improve how it communicates with customers about the data they share with the company, and began reviewing its privacy practices with external experts.

BԪַShortly thereafter, we proactively removed the geolocation technology outlined in the report from the Tims app,BԪַ the company said in a statement. BԪַThe very limited use of this data was on an aggregated, de-identified basis to study trends in our business.BԪַ

While Tim Hortons stopped continually tracking usersBԪַ locations after the privacy probe began, this did not end the risk of surveillance, the watchdogs say.

The investigation found that Tim HortonsBԪַ contract with a U.S. third-party location-services supplier contained language so BԪַvague and permissiveBԪַ that it would have allowed the supplier to sell BԪַde-identifiedBԪַ location data for its own purposes.

There is a real risk that such geolocation data could be BԪַre-identified,BԪַ the watchdogs warned.

BԪַGeolocation data is incredibly sensitive because it paints such a detailed and revealing picture of our lives,BԪַ Therrien said.

Surveillance of everyday movements reveals where people live and work, as well as information about visits to a medical clinic or place of worship, he added. BԪַIt can be used to make deductions about sexual preferences, social political affiliations and much more.BԪַ

Tim Hortons agreed to implement recommendations that the company:

BԪַ delete any remaining location data and direct third-party service providers to do the same;

BԪַ establish and maintain a privacy management program for apps; and

BԪַ report on measures it has taken to comply with the recommendations.

Tim Hortons said the company had strengthened its internal team working to improve best privacy practices and continues to focus on ensuring customers BԪַcan make informed decisions about their data when using our app.BԪַ

BԪַJim Bronskill, The Canadian Press





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