Personal Information Protection Policy

Black & McDonald Limited (“B&M”, “we”, “our”) is committed to providing our clients/partners with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our clients/partners, protecting their personal information is one of our highest priorities.

We will inform our clients/partners of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances and in accordance with the applicable federal or provincial legislation.

This Personal Information Protection Policy, in compliance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), or other applicable provincial or federal legislation, outlines the principles and practices we will follow in respect of the collection, use or disclosure of our clients’/partners’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’/partners’ personal information and allows our clients/partners to request access to, and correction of, their personal information.

Scope of this Policy

This Personal Information Protection Policy applies to Black & McDonald Limited and its affiliates and partner companies.

This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Black & McDonald Limited.

The use, collection and disclosure of personal information of Black & McDonald Limited employees, as defined in applicable legislation, and may include volunteers, students, or those under a contract or agency relationship with Black & McDonald Limited, is addressed separately under the Employee Privacy and Personal Information Policy 4.8.04.

Definitions

Personal Information – information about an identifiable individual. Personal information may not include business contact information (described below).

Business contact information – information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Business contact information about an individual that is collected, used, and disclosed only for the purpose of communicating in relation to that individual’s business responsibilities may not be covered by this policy.

Privacy Officer – the designated individual responsible for ensuring that Black & McDonald Limited complies with this policy.

1. Collecting Personal Information
   1. Unless the purposes for collecting personal information are obvious and the client/partner voluntarily provides his or her personal information for those purposes, and it was reasonable for the client/partner to do so, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
   2. We respect the privacy of every individual who visits our website or other technologies. We take measures to ensure the privacy and confidentiality of any personal information collected including any passive information that is gathered without actively providing the information using various technologies (e.g., through your browser, cookies or pixel tags).
   3. All personal information supplied will remain within our organization and will not be shared with any external entity unless prior permission is given. Your personal information will not be sold, distributed or published in any manner whatsoever without your prior consent.
   4. B&M collects personal information for a variety of purposes relating to the operation of our business and delivery of services. We will only collect personal information that is necessary to fulfill the purposes identified including, but not limited to, for example:
      • To verify identity;
      • To verify creditworthiness;
      • To identify preferences;
      • To open and manage an account;
      • To deliver requested products and services;
      • To authenticate transactions;
      • To enroll in a program;
      • To ensure a high standard of service;
      • To meet regulatory requirements.
2. Consent
   1. We will obtain clients’/partners’ consent to collect, use or disclose personal information (except where, as noted below, we are authorized by applicable law to do so without consent).
   2. Consent can be provided orally, in writing, electronically, through an authorized representative or it can be inferred where the purpose for collecting, using or disclosing the personal information would be considered obvious and the clients/partners voluntarily provide personal information for that purpose and it is reasonable that they would do so.
   3. Consent may also be implied where a client/partner is given notice and a reasonable opportunity to opt out of his or her personal information being used for mail-outs, the marketing of new services or products and the client/partner does not opt out within a reasonable period of time.
   4. Subject to certain exceptions set out in applicable laws (e.g., the personal information is necessary to provide the service or product or the withdrawal of consent would frustrate the performance of a legal obligation), clients/partners can withhold or withdraw their consent for Black & McDonald Limited to use their personal information in certain ways. A client’s/partner’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the consequence of the withdrawal of consent to the clients/partners.
   5. We may collect, use or disclose personal information without the client’s/partner’s knowledge or consent in limited circumstances and only to the extent permitted by applicable law. Such circumstances may include:
      • When the collection, use or disclosure of personal information is permitted or required by law;
      • In an emergency that threatens an individual’s life, health, or personal security;
      • When the personal information is available from a public source (e.g., a telephone directory);
      • When we require legal advice from a lawyer;
      • For the purposes of collecting a debt;
      • To protect ourselves from fraud;
      • To investigate an anticipated breach of an agreement or a contravention of law.
3. Using and Disclosing Personal Information
   1. We will only use or disclose clients’/partners’ personal information where necessary to fulfill the purposes identified at the time of collection or, where permitted by applicable law, for a purpose reasonably related to those purposes, which may include:
      • To conduct client/partner surveys in order to enhance the provision of our services;
      • To contact our clients/partners directly about products and services that may be of interest.
   2. We will not use or disclose clients’/partners’ personal information for any additional purpose unless we obtain prior consent to do so or as permitted by applicable law.
   3. We will not sell client/partner lists or personal information to other parties unless we have prior consent to do so.
4. Retaining Personal Information
   1. If we use clients’/partners’ personal information to make a decision that directly affects the clients/partners, we will retain that personal information for at least one year, or as required by applicable law, so that the client/partner has a reasonable opportunity to request access to it.
   2. Subject to article 4.1, we will retain clients’/partners’ personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
5. Ensuring Accuracy of Personal Information
   1. We will make reasonable efforts to ensure that clients’/partners’ personal information is accurate and complete to the extent reasonable for the purposes of its collection, use or disclosure, including where it may be used to make a decision about the clients/partners or disclosed to another organization.
   2. Clients/partners may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.
   3. If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the clients’/partners’ correction request in the file.
6. Securing Personal Information
   1. We are committed to ensuring the security of clients’/partners’ personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. This may include but is not limited to the use of locked filing cabinets; physically securing offices where personal information is held; the use of user IDs, passwords, encryption, firewalls; restricting employee access to personal information as appropriate (i.e., only those that need to know will have access; contractually requiring any service providers to provide comparable security measures).
   2. We will use appropriate security measures when destroying clients’/partners’ personal information such as shredding documents and deleting electronically stored information.
   3. We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
7. Providing Clients/Partners Access to Personal Information
   1. Clients/partners have a right to access their personal information, subject to limited exceptions in accordance with applicable law, which may include solicitor-client privilege, where disclosure would reveal personal information about another individual, health or safety concerns. In certain circumstances, it may be necessary to sever a portion of a record containing personal information prior to permitting access to the record.
   2. A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.
   3. Upon request, we will also tell clients/partners how we use their personal information and to whom it has been disclosed if applicable.
   4. Where the information can be provided in accordance with applicable law, we will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
   5. A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the clients/partners of the cost and request further direction from the clients/partners on whether or not we should proceed with the request.
   6. If a request is refused in full or in part, we will notify the clients/partners in writing, providing the reasons for refusal and the recourse available to the client/partners.
8. Questions and Complaints: The Role of the Privacy Officer or designated individual
   1. The Privacy Officer or designated individual is responsible for ensuring Black & McDonald Limited’s compliance with this policy and the PIPEDA and/or applicable legislation.
   2. The Privacy Officer or designated individual is responsible for periodically reviewing and where necessary making changes to this policy in accordance with changes to legal requirements or internal information policies and practices.
   3. Clients/partners should direct any complaints, concerns or questions regarding Black & McDonald Limited’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the clients/partners may also write to the Privacy Commission of Canada or where applicable their Provincial Privacy Commissioner.

Contact information for Black & McDonald Limited’s Privacy Officer or designated individual:

Black & McDonald Limited
Privacy Officer
Suite 2100 – 2 Bloor Street East
Toronto, Ontario M4W 1A8
Email: privacyofficer@blackandmcdonald.com
Telephone: (416) 920-5100
Fax: (416) 922-8768

Policy Date: June 2017