Last Revised: Sept. 26, 2014.
The Federal Personal Information Protection and Electronic Documents Act (PIPEDA) was passed in April 2000 and implemented the final phase as of January 1, 2004. This legislation impacts how organizations collect, use and disclose personal information about individuals in the course of commercial activities.
In the course of its business, it is necessary for JDS or its employees and agents to record, store, process, transmit, and otherwise handle private information about individuals. Private information includes all information concerning an identifiable physical person (“Personal Information”). This information may include, but is not limited to, name, address, age, marital status, identification numbers (such as your SIN or business number), identification documents, source of funds and references, employment information, and information relating to financial transactions in which the individual has been involved.
All employees, agents and other persons or organizations acting for JDS or on its behalf will be required to conform to this policy.
Why we collect, use and retain clients’ personal information.
When a client applies for or obtains any product or service from JDS, we need certain personal information from the client.
The personal information collected from the client is required primarily for, but may not be limited to, the following purposes: to identify the client and ensure accuracy of personal information, to determine eligibility for products and services, to establish and administer the selected products, to provide ongoing service, maintaining and storing account holdings and transaction information in the client record, providing account statements, transaction confirmations, maturity notices and other information which may be requested by the client, financial institution or their agent to service the client’s account, and to comply with legal requirements and regulations.
The personal information from the client, is required primarily for, but not limited to, the following purposes: meet legal, regulatory, audit and contractual obligations, for billing and in order to comply with the Canada Revenue Agency’s income reporting requirements.
How we collect personal information.
We collect information directly from the client.
Consent may be expressed in writing or be implied. It may be given verbally or electronically.
Consent is required for the collection, use of disclosure of Personal Information, except where required or permitted by PIPEDA or other law. When the client applies for a product or service offered by JDS, consent is deemed to be granted. Express consent may be obtained verbally, in writing, or through electronic means. Alternatively, consent may be implied the client request, purchase or continue the use of our financial products or services.
Refusal to provide us with personal information may limit products and services available to the client. The client may withdraw their consent if they have already have provided us with the information, however the client must give us reasonable notice of withdrawal of their consent to us with the request in writing. We require at least sixty days notice. This withdrawal may affect our ability to provide certain products and we only do so provided we remain in compliance with legal requirements and regulations.
We can collect, use or disclose personal information without your knowledge and consent in a limited number of instances, in order to: detect and/or prevent criminal activity, collect overdue accounts, comply with legal requirements, and carry out routine banking functions within our organization like data processing.
We will limit the use and disclosure of clients’ information.
JDS collects, uses and discloses client information provided where it is needed to service a client’s account. We will limit the use and disclosure of clients’ personal information within our organization, and to the companies the client makes an application with and to any third party service providers the financial institution has retained and requested we transmit the data to, in order to provide our client with the product or service the client has requested. We do not give or sell personal information to third parties for marketing purposes.
Any deposit products and applications entered or uploaded into our system may be submitted to the issuing financial institution by electronic means, including but not limited to fax transmission, data transfer or through industry recognized service providers.
The use and disclosure of clients’ information shall be done only to the extent necessary to perform our duties, to provide high quality support and gain access to select deposit products, or where such use and disclosure is required to meet our legal and regulatory requirements.
We will limit the length of time we retain clients’ personal information.
We will keep personal information as long as necessary for the identified purposes or as required by law, even if you cease to be a client.
Keeping your information accurate.
We will keep clients’ personal information as accurate, complete and up to date as possible and as necessary. It is the clients’ responsibility to notify us if there is any change to personal information so that we may update our files.
You may challenge the accuracy and completeness of the personal information we hold about you and we will make any necessary amendments that we feel are appropriate. If the information has been provided to third parties with your consent, we will convey any corrected information to them as necessary.
Security of clients’ personal information.
We have developed and continue to enhance security measures and procedures designed to protect the physical, organizational and electronic security of your personal information.
We destroy, erase or make anonymous any personal information that is no longer required to meet legal requirements or serve our stated purposes and use appropriate safeguards in doing so.
Your access to your information
With satisfactory verification of your identity, we will provide you with any information available in our files. If your request is made through a third party, we will need satisfactory proof of your consent and authorization to release information to that party, and we will ensure their entitlement to such information. We will also provide you with access, upon request, to your own personal information in a timely manner, and for a reasonable cost. We will also provide you with access, upon request, to your own personal information, except in certain situations. We will explain the reason for this lack of access when you make your request. There are certain legal exceptions to your right of access. Should your request fall into such a category, we will inform you of the reason for not providing access and any recourse you may have.
We will not provide certain information if it contains references to other persons, is subject to solicitor-client or litigation privilege, cannot be disclosed for legal reasons or is used for the detection and prevention of criminal activity and dealings in proceeds of crime.
Questions, complaints and access
If you have any questions or concerns about the use or accuracy of your information, please contact the following in writing at:
J. D. Stewart & Associates Financial Services Inc.
5870 King Road, Unit A
Nobleton, ON L0G 1N0P: 905-558-3070 F: 905-558-0580