THE INVESTAFLEX FINANCIAL GROUP PRIVACY CODE
Table of Contents
Introduction
Summary of Principles
Scope and Application
Definitions
The INVESTAFLEX FINANCIAL GROUP Privacy Code in Detail
Principle 1 - Accountability
Principle 2 - Identifying Purposes for Collection of Personal Information
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information
Principle 4 - Limiting Collection of Personal Information
Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information
Principle 6 - Accuracy of Personal Information
Principle 7 - Security Safeguards
Principle 8 - Openness Concerning Policies and Procedures
Principle 9 - client and Employee Access to Personal Information
Principle 10 - Challenging Compliance
Additional Information
Introduction [Back to top]
At INVESTAFLEX FINANCIAL GROUP, respecting privacy is an important part of our commitment to our clients and employees. That is why we have developed The INVESTAFLEX FINANCIAL GROUP Privacy Code. The INVESTAFLEX FINANCIAL GROUP Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by INVESTAFLEX FINANCIAL GROUP to its clients and employees. The objective of The INVESTAFLEX FINANCIAL GROUP 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).
INVESTAFLEX FINANCIAL GROUP will continue to review The INVESTAFLEX FINANCIAL GROUP Privacy Code to make sure that it is relevant and remains current with changing industry standards, technologies and laws.
Summary of Principles [Back to top]
Principle 1 - Accountability
INVESTAFLEX FINANCIAL GROUP is responsible for personal information under its control and shall designate one or more persons who are accountable for INVESTAFLEX FINANCIAL GROUP's compliance with the following principles.
Principle 2 - Identifying Purposes for Collection of Personal Information
INVESTAFLEX FINANCIAL GROUP shall identify the purposes for which personal information is collected at or before the time the information is collected.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of a client or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.
Principle 4 - Limiting Collection of Personal Information
INVESTAFLEX FINANCIAL GROUP shall limit the collection of personal information to that which is necessary for the purposes identified by INVESTAFLEX FINANCIAL GROUP. INVESTAFLEX FINANCIAL GROUP shall collect personal information by fair and lawful means.
Principle 5 - Limiting Use, Disclosure, and Retention of Personal Information
INVESTAFLEX FINANCIAL GROUP 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.
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.
Principle 7 - Security Safeguards
INVESTAFLEX FINANCIAL GROUP shall protect personal information by security safeguards appropriate to the sensitivity of the information.
Principle 8 - Openness Concerning Policies and Procedures
INVESTAFLEX FINANCIAL GROUP shall make readily available to clients and employees specific information about its policies and procedures relating to the management of personal information.
Principle 9 - Client and Employee Access to Personal Information
INVESTAFLEX FINANCIAL GROUP shall inform a client 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 client or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10 - Challenging Compliance
A client or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for INVESTAFLEX FINANCIAL GROUP's compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code.
Scope and Application [Back to top]
The ten principles that form the basis of The INVESTAFLEX FINANCIAL GROUP Privacy Code are interrelated and INVESTAFLEX FINANCIAL GROUP 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 INVESTAFLEX FINANCIAL GROUP Privacy Code has been drafted to reflect personal information issues specific to INVESTAFLEX FINANCIAL GROUP.
The scope and application of The INVESTAFLEX FINANCIAL GROUP Privacy Code are as follows:
- The INVESTAFLEX FINANCIAL GROUP Privacy Code applies to personal information collected, used, or disclosed by INVESTAFLEX FINANCIAL GROUP in the course of commercial activities.
- The INVESTAFLEX FINANCIAL GROUP Privacy Code applies to the management of personal information in any form, whether oral, electronic or written.
- The INVESTAFLEX FINANCIAL GROUP Privacy Code does not impose any limits on the collection, use or disclosure of the following information by INVESTAFLEX FINANCIAL GROUP:
(a) an employee's name, title or business address or telephone number;
(b) information that INVESTAFLEX FINANCIAL GROUP collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose; or
(c) 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 INVESTAFLEX FINANCIAL GROUP Privacy Code will not typically apply to information regarding INVESTAFLEX FINANCIAL GROUP's corporate clients. However, such information may be protected by other INVESTAFLEX FINANCIAL GROUP policies and practices and through contractual arrangements.
- The application of The INVESTAFLEX FINANCIAL GROUP 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 [Back to top]
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 INVESTAFLEX FINANCIAL GROUP. Implied consent is consent that can reasonably be inferred from an individual's action or inaction.
client: An individual who purchases or otherwise acquires or uses any of INVESTAFLEX FINANCIAL GROUP's products or services or otherwise provides personal information to INVESTAFLEX FINANCIAL GROUP in the course of INVESTAFLEX FINANCIAL GROUP's commercial activities.
disclosure: Making personal information available to a third party.
employee: An employee of, or independent contractor to, INVESTAFLEX FINANCIAL GROUP.
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.
INVESTAFLEX FINANCIAL GROUP: INVESTAFLEX FINANCIAL GROUP or INVEST-A-FLEX FINANCIAL STRATEGIES INC.
third party: An individual or organization outside of INVESTAFLEX FINANCIAL GROUP.
use: The treatment, handling, and management of personal information by and within INVESTAFLEX FINANCIAL GROUP or by a third party with the knowledge and approval of INVESTAFLEX FINANCIAL GROUP.
The INVESTAFLEX FINANCIAL GROUP Privacy Code in Detail [Back to top]
Principle 1 - Accountability [Back to top]
INVESTAFLEX FINANCIAL GROUP is responsible for personal information under its control and shall designate one or more persons who are accountable for INVESTAFLEX FINANCIAL GROUP's compliance with the following principles.
1.1 Responsibility for compliance with the provisions of The INVESTAFLEX FINANCIAL GROUP Privacy Code rests with the INVESTAFLEX FINANCIAL GROUP Privacy Officer who can be reached at 604-331-2520 or via e-mail at info@investaflex.com. Other individuals within INVESTAFLEX FINANCIAL GROUP may be delegated to act on behalf of The INVESTAFLEX FINANCIAL GROUP Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.
1.2 INVESTAFLEX FINANCIAL GROUP shall make known, upon request, the title of the person or persons designated to oversee INVESTAFLEX FINANCIAL GROUP's compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code.
1.3 INVESTAFLEX FINANCIAL GROUP is responsible for personal information in its possession or control. INVESTAFLEX FINANCIAL GROUP shall use contractual or other means to provide a comparable level of protection while information is being processed or used by a third party.
1.4 INVESTAFLEX FINANCIAL GROUP shall implement policies and procedures to give effect to The INVESTAFLEX FINANCIAL GROUP Privacy Code, including:
(a) implementing procedures to protect personal information and to oversee INVESTAFLEX FINANCIAL GROUP's compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code;
(b) implementing procedures to receive and respond to complaints or inquiries;
(c) training and communicating to staff about INVESTAFLEX FINANCIAL GROUP's policies and procedures; and
(d) developing information materials to explain INVESTAFLEX FINANCIAL GROUP's policies and procedures.
Principle 2 - Identifying Purposes for Collection of Personal Information [Back to top]
INVESTAFLEX FINANCIAL GROUP shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 INVESTAFLEX FINANCIAL GROUP collects personal information about our individual clients or prospective clients for the purposes of evaluating whether an engagement will be accepted or entered into, and providing financial planning or other consulting services to them. Usually the scope of advice and service is set out in detail in a formal engagement letter with our client.
2.2 As part of our client services these purposes include reviewing of corporate, tax, legal, insurance and investment structures, and recommendations for changes in these structures as part of an integrated planning process.
2.3 INVESTAFLEX FINANCIAL GROUP also collects information about individual shareholders, employees and directors of organizations in the course of providing services to our clients which are organizations. This information is collected as necessary to properly evaluate and plan the structure and activities of these organizations.
2.4 If an individual client also is involved in organizations for which we are separately retained to provide services, INVESTAFLEX FINANCIAL GROUP will use their personal information for the purpose of coordinating the collective financial affairs of the individual and these organizations, as well as cross-checking and verifying the accuracy and consistency of information relevant to both retainers.
2.5 If instructed by you, INVESTAFLEX FINANCIAL GROUP will add individual client names and contact details to our client database, in order to allow us to send them newsletters, brochures, tax updates, details of forthcoming seminars and other materials relating to our general services. We understand that not all of our clients may wish to receive this type of material. If a client prefers that we do not send this type of material they can let us know by writing the Privacy Officer at 938 Howe St., #308, Vancouver, BC V6Z 1N9, or by phone at 604-331-2521 or via email at info@investaflex.com, and their contact details will then not be utilized in this fashion.
Further reference to "identified purposes" mean the purposes identified in this Principle.
2.6 INVESTAFLEX FINANCIAL GROUP shall specify orally, electronically or in writing the identified purposes to the client or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within INVESTAFLEX FINANCIAL GROUP who can explain the purposes.
2.7 When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is permitted or required by law, the consent of the client or employee will be acquired before the information will be used or disclosed for the new purpose.
Principle 3 - Obtaining Consent for Collection, Use or Disclosure of [Back to top]
Personal Information The knowledge and consent of a client or employee are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.
3.1 In obtaining consent, INVESTAFLEX FINANCIAL GROUP shall use reasonable efforts to ensure that a client or employee is advised of the identified purposes for which personal information will be used or disclosed. The identified purposes shall be stated in a manner that can be reasonably understood by the client or employee.
3.2 Generally, INVESTAFLEX FINANCIAL GROUP shall seek consent to use and disclose personal information at the same time it collects the information. However, INVESTAFLEX FINANCIAL GROUP may seek consent to use and/or disclose personal information after it has been collected, but before it is used and/or disclosed for a new purpose.
3.3 INVESTAFLEX FINANCIAL GROUP may require clients to consent to the collection, use and/or disclosure of personal information as a condition of the supply of a product or service only if such collection, use and/or disclosure is required to fulfill the explicitly specified, and legitimate identified purposes.
3.4 In determining the appropriate form of consent, INVESTAFLEX FINANCIAL GROUP shall take into account the sensitivity of the personal information and the reasonable expectations of its clients and employees.
3.5 The purchase or use of products and services by a client, or the acceptance of employment or benefits by an employee, may constitute implied consent for INVESTAFLEX FINANCIAL GROUP to collect, use and disclose personal information for the identified purposes.
3.6 A client or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Clients and employees may contact INVESTAFLEX FINANCIAL GROUP for more information regarding the implications of withdrawing consent.
3.7 INVESTAFLEX FINANCIAL GROUP may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.
3.8 INVESTAFLEX FINANCIAL GROUP may collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting, using or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a law.
3.9 INVESTAFLEX FINANCIAL GROUP may collect, use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.
3.10 INVESTAFLEX FINANCIAL GROUP may use or disclose personal information without knowledge or consent to a lawyer representing INVESTAFLEX FINANCIAL GROUP, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.
Principle 4 - Limiting Collection of Personal Information [Back to top]
INVESTAFLEX FINANCIAL GROUP shall limit the collection of personal information to that which is necessary for the purposes identified by INVESTAFLEX FINANCIAL GROUP. INVESTAFLEX FINANCIAL GROUP shall collect personal information by fair and lawful means.
4.1 INVESTAFLEX FINANCIAL GROUP collects personal information primarily from its clients or employees.
4.2 INVESTAFLEX FINANCIAL GROUP may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.
Principle 5 - Limiting Use, Disclosure, and Retention of Personal [Back to top]
Information INVESTAFLEX FINANCIAL GROUP 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 or permitted by law. INVESTAFLEX FINANCIAL GROUP shall retain personal information only as long as necessary for the fulfillment of those purposes.
5.1 As a general rule, INVESTAFLEX FINANCIAL GROUP only discloses personal information of our clients as instructed by them. However, there are a number of exceptions. Circumstances of disclosure without consent include:
(a) as permitted or required by applicable law (eg. compulsion by court order; investigation of suspected fraud).
(b) to defend our firm in proceedings arising from statements or opinions issued by us in the cause of our professional services (eg. negligence claim on an audit letter).
(c) to service providers in circumstances where we remain in control of the information (eg. IT outsourcing).
(d) to professional regulatory bodies, as required by legislation, rules, policies or codes governing our profession.
5.2 INVESTAFLEX FINANCIAL GROUP may disclose personal information about its employees to respond to a request for a reference only when they have provided specific consent for this to occur. Personal information of employees can also be collected, used and disclosed without the individual's consent where required or permitted by applicable law. In other circumstances, the consent of the employee will be required for any use or disclosure of their personal information.
5.3 Only INVESTAFLEX FINANCIAL GROUP's employees with a business need-to-know, or whose duties reasonably so require, are granted access to personal information about clients and employees.
5.4 INVESTAFLEX FINANCIAL GROUP shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a client or employee, INVESTAFLEX FINANCIAL GROUP shall retain, for a period of time that is reasonably sufficient to allow for access by the client or employee, either the actual information or the rationale for making the decision.
5.5 INVESTAFLEX FINANCIAL GROUP shall 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 the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
Principle 6 - Accuracy of Personal Information [Back to top]
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal information used by INVESTAFLEX FINANCIAL GROUP shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a client or employee.
6.2 INVESTAFLEX FINANCIAL GROUP shall update personal information about clients and employees as necessary to fulfill the identified purposes or upon notification by the individual. Principle 7 - Security Safeguards [Back to top]
INVESTAFLEX FINANCIAL GROUP shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1 INVESTAFLEX FINANCIAL GROUP shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.
7.2 INVESTAFLEX FINANCIAL GROUP shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
7.3 All of INVESTAFLEX FINANCIAL GROUP's employees with access to personal information shall be required to respect the confidentiality of that information.
Principle 8 - Openness Concerning Policies and Procedures [Back to top]
INVESTAFLEX FINANCIAL GROUP shall make readily available to clients and employees specific information about its policies and procedures relating to the management of personal information.
8.1 INVESTAFLEX FINANCIAL GROUP shall make information about its policies and procedures easy to understand, including:
(a) the title and address of the person or persons accountable for INVESTAFLEX FINANCIAL GROUP's compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code and to whom inquiries and/or complaints can be forwarded;
(b) the means of gaining access to personal information held by INVESTAFLEX FINANCIAL GROUP;
(c) a description of the type of personal information held by INVESTAFLEX FINANCIAL GROUP, including a general account of its use; and
(d) a description of what personal information is made available to related organizations (e.g., subsidiaries).
8.2 INVESTAFLEX FINANCIAL GROUP shall make available information to help clients and employees exercise control of the collection, use and/or disclosure of their personal information and, where applicable, privacy-enhancing services available from INVESTAFLEX FINANCIAL GROUP.
Principle 9 - Client and Employee Access to Personal Information [Back to top]
Upon request, INVESTAFLEX FINANCIAL GROUP shall inform a client or employee of the existence, use, and disclosure of his or her personal information and shall give the individual access to that information. A client or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon request, INVESTAFLEX FINANCIAL GROUP shall afford clients and employees a reasonable opportunity to review the personal information in the individual's file. Personal information shall be provided in understandable form within a reasonable time, and at minimal or no cost to the individual.
9.2 In certain situations, INVESTAFLEX FINANCIAL GROUP may not be able to provide access to all the personal information that it holds about a client or employee. For example, INVESTAFLEX FINANCIAL GROUP may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, INVESTAFLEX FINANCIAL GROUP may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of the laws of Canada or a province.
9.3 Upon request, INVESTAFLEX FINANCIAL GROUP shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, INVESTAFLEX FINANCIAL GROUP shall provide a list of third parties to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.
9.4 In order to safeguard personal information, a client or employee may be required to provide sufficient identification information to permit INVESTAFLEX FINANCIAL GROUP to account for the existence, use and disclosure of personal information and to authorize access to the individual's file. Any such information shall be used only for this purpose.
9.5 INVESTAFLEX FINANCIAL GROUP shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual's file. Where appropriate, INVESTAFLEX FINANCIAL GROUP shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
9.6 Clients and employees can obtain information or seek access to their individual files by contacting the INVESTAFLEX FINANCIAL GROUP Privacy Officer.
Principle 10 - Challenging Compliance [Back to top]
A client or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for INVESTAFLEX FINANCIAL GROUP's compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code.
10.1 INVESTAFLEX FINANCIAL GROUP shall maintain procedures for addressing and responding to all inquiries or complaints from its clients and employees regarding INVESTAFLEX FINANCIAL GROUP's handling of personal information.
10.2 INVESTAFLEX FINANCIAL GROUP shall inform its clients and employees about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.
10.4 INVESTAFLEX FINANCIAL GROUP shall investigate all complaints concerning compliance with The INVESTAFLEX FINANCIAL GROUP Privacy Code. If a complaint is found to be justified, INVESTAFLEX FINANCIAL GROUP shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A client or employee shall be informed of the outcome of the investigation regarding his or her complaint.
Additional Information [Back to top]
For more information regarding The INVESTAFLEX FINANCIAL GROUP Privacy Code, please contact the INVESTAFLEX FINANCIAL GROUP Privacy Officer at 604-331-2520 or via e-mail at info@investaflex.com, or by mail at #308, 938 Howe Street, Vancouver, BC, V6Z 1N9.
Please visit the Privacy Commissioner of Canada's web site at www.privcom.gc.ca.
