Privacy Policy
Corporations (“CFDCs”)
PRIVACY CODE
This Privacy Code informsyou of the CFDCs' commitment to and policy on privacy. It tells you the ways aCFDC ensures that your privacy and the confidentiality of your information areprotected.
The objective of CFDCs' Privacy Code is to promote responsible and transparentpersonal information management practices in a manner consistent with theprovisions of the Personal Information Protection and Electronic Documents Act(
Community Futures Partners of Manitoba ("CFPM"), the ProvincialAssociation acting on behalf of the CFDCs, will conduct periodic reviews ofthis Privacy Code to make sure that it remains current with changing standards,technologies and laws.
TABLE OF CONTENTS
- Compliance with Legal and Industry Standards
- CFDCs' Privacy Code
- Purposes for the Collection, Use, Retention and Disclosure of InformationAbout You
- Key Principles
- Why We Ask For Your Information
- Why We Ask Others For Information About You
- When We Disclose Your Information
- How We Protect Your Information
- Your Right To Access Your Information
- Keeping Your Information Accurate
- Recording Your Options
- Information Regarding Website Practices
- Updating This Code
- Who Can Answer Your Questions About Privacy
COMPLIANCE WITH LEGAL AND INDUSTRY STANDARDS
Each CFDC will make every reasonable effort to comply with industry standardsand applicable federal and provincial laws in Canada, including the PersonalInformation Protection and Electronic Documents Act.
CFDCs' PRIVACY CODE
CFDCs' Privacy Code only applies to identifiable individuals whose personalinformation a CFDC collects, uses, retains and discloses in the course ofcommercial activities. When we use the words "personal information"or "information" in this Privacy Code, we mean information about anidentifiable individual, with the exception of the name, title or businessaddress or telephone number of an employee of an organization. Further, theseterms do not include information that does not identify particular individuals,like aggregate statistics or anonymous data, or information which is publiclyavailable, as specified in applicable laws.
PURPOSES FOR THE COLLECTION, USE, RETENTION AND DISCLOSURE OF INFORMATION ABOUTYOU
The following are the purposes for the collection, use, retention anddisclosure of personal information by a CFDC:
- To establish and maintain a relationship with you as a client and to provideservices to you;
- To provide you with information about products, programs, services,conferences, training resources and upcoming events that may interest you;
- To administer the CFDC's services, to assess the quality and quantity ofCFDCs' services, to maintain adequate accounting and tax records, and to haveinformation in such form as the CFDC may reasonably require for its businessneeds;
- To meet legal, regulatory and governmental requirements (including therequirements of Western Economic Diversification Canada ("WD") as thefunding source of the CFDCs and CFPM), to detect and prevent fraud and toprotect the interests of you, the CFDC and WD; and
- To achieve any other purpose to which you have given your consent.
For clients who have not obtained a loan from a CFDC, the above-noted purposesdiffer in that the applicable CFDC is not required to maintain accounting andtax records related to such individuals. For loan clients, further detailsregarding a CFDC's purposes for the collection, use, retention and disclosureof personal information are outlined in your Loan Application Form with theCFDC.
KEY PRINCIPLES
CFDCs' Privacy Code consists of the following key principles, which apply toall aspects of a CFDC's handling of an individual's personal information in thecontext of a commercial activity, including the collection, use, retention anddisclosure of such information.
A. Collecting and Using Information
CFDCs collect and use information to establish and serve you as a client.
CFDCs gather and use your personal information to provide you with the servicesyou have requested. CFDCs collect, use, retain and disclose information aboutyou only with your consent, except as outlined in this Privacy Code. Inobtaining your consent, whether express or implied, the purposes for which aCFDC requires your information are outlined above. If a CFDC purposes differfrom those outlined above, the applicable CFDC will advise you of its newpurposes at the time of collection of your information.
A CFDC may depart from this consent principle in accordance with the limitedexceptions described in this Privacy Code, when permitted by other written andposted policies established by the applicable CFDC, or where required orpermitted by applicable laws (for instance, a CFDC may disclose personalinformation in an emergency to protect human life or safety).
The information a CFDC collects depends on the service you have requested. Forevery client, a CFDC needs your contact information (your name, address andsome identification). Here is why a CFDC needs some of the other information itasks you to provide.
- Birth Date
This helps a CFDC identify you and ensure that no one is trying to impersonateyou.
- Social Insurance Number (SIN)
A CFDC uses your SIN to keep your information separate from that of otherclients with a similar name. For loan applicants, CFDCs use your SIN to obtaininformation with your consent, through the credit approval process.
- Financial Information
For loan applicants, your financial information is used to assess youreligibility for a business loan.
- Health Information
For loan applicants, a CFDC requires your health information if you wish toapply for group creditor life insurance, as an insurance company will notprovide such coverage unless you are eligible based on your health information.
A CFDC only collects the information it needs and only uses it for the purposesexplained to you.
A CFDC will only ask for the information it needs for the particular serviceyou have requested and will only use it for the purposes outlined in thisPrivacy Code or, if applicable, outlined to you at the time of collection ofyour information, such as in the case of a loan applicant. When you apply for anew service, a CFDC will indicate how it intends to use your information if itspurposes differ from those already outlined. A CFDC will advise whichinformation would help it to serve you but is optional for you to provide.
With your consent, a CFDC may obtain information about you from third parties.
Obtaining additional information about you from trustworthy third parties helpsa CFDC assess your eligibility for its loans and services. For example, forloan applicants a CFDC needs to know your credit history. For this reason, aCFDC may contact other lenders or credit bureaus to give it information on yourcredit history. A CFDC may also contact employers or other personal referencesto verify information that you have given it. CFDCs will not do this withoutyour consent, but please remember that if you do not give your consent a CFDCwill not be able to process your loan application and extend credit services toyou.
B. Releasing Information
Under no circumstances do CFDCs sell client lists or information to others.CFDCs release your information to outside parties only under the followingcircumstances:
- Where a CFDC has your consent, whether express or implied.
For example, for loan applicants, a CFDC will disclose your credit history withsuch CFDC to other lenders or credit bureaus in order to support the creditapproval process. In such cases, the CFDC will release the information requiredto identify you, as well as facts from its credit records about your repaymenthistory.
For business clients, a CFDC may disclose your contact information to WesternEconomic Diversification Canada and other related organizations, such as theManitoba Women's Enterprise Centre or the Canada/Manitoba Business ServiceCentre, whose programs, services and/or products also may interest you. If youdo not want a CFDC to provide your contact information to those other relatedorganizations, please advise the CFDC.
- To suppliers and agents who assist the CFDC in servicing you and whom theCFDC can reasonably trust to respect your privacy.
For example, a CFDC will disclose your name and address to a courier companymaking a delivery to you at its request. In such cases, a CFDC will only makedisclosure to the extent necessary and whenever possible, require that theparty receiving this information provides reasonable assurances that they willrespect the privacy of your information in accordance with applicable laws.
- When required or permitted by law to do so.
For example, a CFDC must give information in response to a valid demand, searchwarrant or other legally valid enquiry or order. A CFDC may discloseinformation to the authorities to serve a clear public interest and fulfill itspublic duty - such as to protect against fraud or other criminal activity. ACFDC may take action to protect its interests which may result in disclosinginformation to parties outside the CFDC, such as using agents to collectoverdue accounts. A CFDC may also disclose information under an exception tothe requirement for consent expressly set out in applicable laws, such as theexception for disclosures necessary to protect human life or safety in anemergency.
- When a CFDC needs to do so to protect its interests in the context of anexisting or potential legal or administrative proceeding.
For example, in the event of a proceeding commenced by or against a CFDC inconnection with you, a CFDC may disclose your information to its lawyers and tothe court or administrative body involved.
- When required by Western Economic Diversification Canada ("WD"), asa partial funder of CFDCs and the source of CFDC investment funds.
For example, a CFDC must prepare reports for distribution to WD in order toreceive funding. Although the information contained in such reports is oftende-identified data, such reports may contain personal information of loanapplicants and other clients.
C. Protecting Information
CFDCs will protect your information with appropriate safeguards and securitymeasures.
Each CFDC has reasonable security standards to protect its systems and yourinformation against unauthorized access and use. All employees of the CFDCs arefamiliar with the procedures that must be taken to safeguard clientinformation.
A CFDC will retain your information only as long as it is legally or reasonablyrequired by it.
The length of time a CFDC retains information varies depending on the serviceand the nature of the information. This period may extend beyond the end ofyour relationship with the CFDC but only for so long as it is legally orreasonably required by it. When your information is no longer needed, CFDCshave procedures to destroy, delete, erase or convert it to an anonymous form.
D. Providing Information Access and Accuracy
A CFDC will give you access to the information it has about you.
Most of your information is kept in a CFDC's client file about you. Pleasecontact the CFDC that serves you if you wish to access any information the CFDCmay have about you. Each CFDC will advise you in advance if a minimal chargewill be required for conducting a search, and will do its utmost to respond toyour request within 30 days. Please note that a CFDC may not be able to provideinformation about you from its records if it contains references to otherpersons, is subject to legal privilege, contains information proprietary to theCFDC, is too costly to retrieve, or cannot be disclosed for other legalreasons.
CFDCs will make every reasonable effort to keep your information accurate andup-to-date.
Having accurate information about you enables a CFDC to give you the bestpossible service. You can help by keeping the CFDC that serves you informed ofany changes, for instance if you move or change telephone numbers. If you findany errors in a CFDC's information about you, please send the CFDC thecorrection in writing by mail, fax or e-mail. The CFDC will make appropriatecorrections and make sure that such corrections are conveyed to anyone it mayhave misinformed. For information that remains in dispute, a CFDC will noteyour opinion in its file.
E. Respecting andResponding to Your Privacy Concerns
CFDCs will explain your options of refusing or withdrawing consent to thecollection, use or disclosure of your information, and will record and respectyour choices subject to any legal or contractual restrictions and reasonablenotice.
Please contact the CFDC that serves you and ask to speak to the CFDC's PrivacyOfficer if you have any questions related to your options. For example, you mayrefuse consent for a CFDC to do a credit check, but the CFDC will not be ableto extend credit services to you. Once you have a credit product, you will notbe able to withdraw your consent to share your credit experience with otherlenders and credit bureaus, as this is necessary to support the credit approvalprocess.
A CFDC will investigate and respond to your concerns about any aspect of itshandling your information.
If you have any concerns or questions about privacy and confidentiality - orany concerns about the way a request for information was handled - you can takethe following action. Contact the CFDC that serves you and ask to speak to itsPrivacy Officer. Log on to www.cfpm.mb.ca to find contact information for theCFDC that serves you.
The Privacy Officer appointed for each CFDC has the decision-making authorityto resolve most concerns. However, if you are unsatisfied with the way yourcomplaint or request was addressed, you may contact the Federal PrivacyCommissioner:
Office of the Privacy Commissioner
112 Kent Street
Ottawa, Ontario
K1A 1H3
INFORMATION REGARDING WEB SITE PRACTICES
The principles outlined in this Privacy Code apply to information collectedthrough each CFDC's and CFPM's Web site, with the following qualifications.
A CFDC and CFPM collects and stores your e-mail address from any communicationsthat you may send to it by clicking on any of its e-mail links. A CFDC and CFPMmay use your e-mail address to communicate with you, if you are registering fora program, conference, training resource or upcoming event, your e-mailindicates that a response to your inquiry is requested or if CFDC or CFPMwishes to address a concern or complaint you may have.
A CFDC may have its own Web site privacy policy, which should be consulted forfurther information regarding such CFDC's Web site privacy practises. Links toexternal sites are provided for you as a convenience and no responsibility orliability is assumed in respect of such linked sites. These other sites maysend their own cookies to users, collect data or solicit personal information.You should check the privacy policy of any site you visit for information regardingtheir privacy handling practices.
UPDATING THIS CODE
Any changes to this Privacy Code or to a CFDC's information handling practiceswill be recorded in a timely manner.
We may add, modify or remove portions of this Privacy Code when we feel it isappropriate to do so. However, a CFDC will not use any information collectedprior to such changes for any new purposes without first obtaining yourconsent.
Effective Date: January 1, 2004
