A.K. Ross Professional Corporation
At A.K. Ross Professional Corporation, respecting privacy is an important part of our commitment to our clients and employees. That is why we have developed this Privacy Code. Our Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by A.K. Ross Professional Corporation to its clients and employees. The objective of our 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).
A.K. Ross Professional Corporation will continue to review this Privacy Code to make sure it is relevant and remains current with changing industry standards, technologies and laws.
SUMMARY OF PRINCIPLES
Principle 1 – Accountability
A.K. Ross Professional Corporation (“the Corporation”) is responsible for personal information under its control and shall designate one or more persons who are accountable for the Corporation’s compliance with the following principles.
Principle 2 – Identifying Purposes for Collection of Personal Information
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation shall limit the collection of personal information to that which is necessary for the purposes identified by the Corporation. The Corporation shall collect personal information by fair and lawful means.
Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information
A.K. Ross Professional Corporation 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. The Corporation shall retain personal information only as long as necessary for the fulfillment of those 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.
Principle 7 – Security Safeguards
A.K. Ross Professional Corporation shall protect personal information by security safeguards
appropriate to the sensitivity of the information.
Principle 8 – Openness Concerning Policies and Procedures
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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 the Corporation’s compliance with the A.K. Ross Professional Corporation’s Privacy Code.
SCOPE AND APPLICATION
These ten principles that form the basis of our Privacy Code are interrelated and A.K. Ross Professional Corporation shall adhere to these 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 our Privacy Code has been drafted to reflect personal information issues specific to the Corporation.
The scope and application of the Corporation’s Privacy Code are as follows:
» Our Privacy Code applies to personal information collected, used, or disclosed by A.K. Ross Professional Corporation in the course of commercial activities.
» Our Privacy Code applies to the management of personal information in any form, whether oral, electronic or written.
» Our Privacy Code does not impose any limits on the collection, use or disclosure of the following information by the Corporation:
» Our Privacy Code will not typically apply to information regarding the Corporation’s corporate clients. However, such information may be protected by other A.K. Ross Professional Corporation policies and practices and through contractual arrangements.
» The application of our 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
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 A.K. Ross Professional Corporation. 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 A.K. Ross Professional Corporation’s products or services or otherwise provides personal information to A.K. Ross Professional Corporation in the course of the Corporation’s commercial activities.
disclosure:
Making personal information available to a third party.
employee:
An employee of, or independent contractor to, A.K. Ross Professional Corporation.
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.
third party:
An individual or organization outside of A.K. Ross Professional Corporation.
use:
The treatment, handling, and management of personal information by and within A.K. Ross Professional Corporation or by a third party with the knowledge and approval of the Corporation.
OUR PRIVACY CODE IN DETAIL
Principle 1 – Accountability
A.K. Ross Professional Corporation (“the Corporation”) is responsible for personal information under its control and shall designate one or more persons who are accountable for the Corporation’s compliance with the following principles.
1.1
Responsibility for compliance with the provisions of our Privacy Code rests with the Corporation’s Privacy Officer who can be reached at (403) 512-9281 or via . Other individuals within the Corporation may be delegated to act on behalf of the Corporation’s Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.
1.2
A.K. Ross Professional Corporation shall make known, upon request, the title of the person or persons designated to oversee the Corporation’s compliance with our Privacy Code.
1.3
A.K. Ross Professional Corporation is responsible for personal information in its possession or control. The Corporation 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
A.K. Ross Professional Corporation shall implement policies and procedures to give effect to our Privacy Code, including:
Principle 2 – Identifying Purposes for Collection of Personal Information
A.K. Ross Professional Corporation shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1
A.K. Ross Professional Corporation collects personal information only for the following purposes:
Further reference to “identified purposes” mean the purposes identified in this Principle.
2.2
A.K. Ross Professional Corporation 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 the Corporation who can explain the purposes.
2.3
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 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, A.K. Ross Professional Corporation 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, A.K. Ross Professional Corporation shall seek consent to use and disclose personal information at the same time it collects the information. However, the Corporation 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
A.K. Ross Professional Corporation 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, A.K. Ross Professional Corporation 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 A.K. Ross Professional Corporation 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 the Corporation for more information regarding the implications of withdrawing consent.
3.7
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation may use or disclose personal information without knowledge or consent to a lawyer representing the Corporation 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
A.K. Ross Professional Corporation shall limit the collection of personal information to that which is necessary for the purposes identified by the Corporation. The Corporation shall collect personal information by fair and lawful means.
4.1
A.K. Ross Professional Corporation collects personal information primarily from its clients or employees.
4.2
A.K. Ross Professional Corporation 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 Information
A.K. Ross Professional Corporation 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. The Corporation shall retain personal information only as long as necessary for the fulfillment of those purposes.
5.1
A.K. Ross Professional Corporation may disclose a client’s personal information to:
5.2
A.K. Ross Professional Corporation may disclose personal information about its employees to:
5.3
Only the Corporation’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
A.K. Ross Professional Corporation 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, the Corporation 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
A.K. Ross Professional Corporation 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
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 A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1
A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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 the Corporation’s employees with access to personal information shall be required to respect the confidentiality of that information.
Principle 8 – Openness Concerning Policies and Procedures
A.K. Ross Professional Corporation shall make readily available to clients and employees specific information about its policies and procedures relating to the management of personal information.
8.1
A.K. Ross Professional Corporation shall make information about its policies and procedures easy to understand, including:
8.2
A.K. Ross Professional Corporation 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 the Corporation.
Principle 9 – Client and Employee Access to Personal Information
A.K. Ross Professional Corporation 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.
9.1
Upon request, A.K. Ross Professional Corporation 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, A.K. Ross Professional Corporation may not be able to provide access to all the personal information that it holds about a client or employee. For example, the Corporation 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, the Corporation 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, A.K. Ross Professional Corporation 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, the Corporation 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 A.K. Ross Professional Corporation 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
A.K. Ross Professional Corporation 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, the Corporation 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 Corporation’s Privacy Officer.
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 the Corporation’s compliance with the A.K. Ross Professional Corporation’s Privacy Code.
10.1
A.K. Ross Professional Corporation shall maintain procedures for addressing and responding to all inquiries or complaints from its clients and employees regarding the Corporation’s handling of personal information.
10.2
A.K. Ross Professional Corporation 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 Corporation’s Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.
10.4
A.K. Ross Professional Corporation shall investigate all complaints concerning compliance with our Privacy Code. If a complaint is found to be justified, the Corporation 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
For more information regarding the A.K. Ross Professional Corporation‘s Privacy Code, please contact the Corporation’s Privacy Officer at (403) 512-9281 or via .
For further information, please visit the Privacy Commissioner of Canada’s web site at www.priv.gc.ca.