Personal Information Protection
Private Sector Privacy Legislation
Personal Information Protection Policy
YARDALE MORTGAGE CORPORATON LIMITED
Personal Information Protection Policy
At Yardale, we are committed to providing our clients and associates with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our clients and associates, protecting their personal information is one of our highest priorities.
While we have always respected our client’s and associate’s privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA). PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
We will inform our clients and associates 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.
This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting client’s and associate’s personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our client’s and associate’s personal information and allowing our clients and associates to request access to, and correction of, their personal information.
Personal Information –means information about an identifiable individual including name, age, home address, phone number, e-mail address, social insurance number, marital status, religion, income, credit history, employment information and banking information.
Privacy Officer – means the individual designated responsibility for ensuring that Yardale complies with this policy and PIPA.
Policy 1 – Collecting Personal Information
1.1 Unless the purposes for collecting personal information are obvious and the client or associate voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect client or associate information that is necessary to fulfill the following purposes:
- To verify identity, we may collect name, home address, home telephone number and birth date
- To verify creditworthiness, we may contact the credit granting agencies in Canada.,
- To prepare mortgage applications or other financing requests, we may collect information from banks and other financial institutions, contact employers, receive and share all financial and personal information necessary and proper to process the applications with those institutions and individuals who are directly concerned with completing the applications.
- To comply with the registration requirements of FICOM, we may collect photographic identification and criminal record checks;
- To meet regulatory requirements we may collect any or all of the items mentioned under the definition of personal information.
Policy 2 – Consent
2.1 We will obtain client or associate consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally or in writing, by means of facsimile transmission or electronic mail] or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client or associate voluntarily provides personal information for that purpose.
2. 3 Subject to certain exceptions (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 or associates can withhold or withdraw their consent for Yardale to use their personal information in certain ways. A client’s or associate’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 situation to assist the client or associate in making the decision.
2.5 We may collect, use or disclose personal information without the client’s or associate’s knowledge or consent in the following limited circumstances:
- 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.
Policy 3 – Using and Disclosing Personal Information
3.1 We will only use or disclose client or associate personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as obtaining a mortgage loan or complying with the regulatory requirements in registering mortgage sub-brokers or disclosing personal details including name when required as a condition for becoming a member of a professional body dealing with the mortgage industry such as the Mortgage Brokers’ Association of British Columbia or the Canadian Association of Accredited Mortgage Professionals.
3.2 We will not use or disclose or associate personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell client or associate lists or personal information to other parties unless we have consent to do so
Policy 4 – Retaining Personal Information
4.1 If we use client or associate personal information to make a decision that directly affects the client or associate, we will retain that personal information for at least one year so that the client or associate, has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain client or associate personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Policy 5 – Ensuring Accuracy of Personal Information
5.1 We will make reasonable efforts to ensure that client, or associate personal information is accurate and complete where it may be used to make a decision about the client or associate or disclosed to another organization.
5.2 Clients or associates 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. Such request to be sent to the Privacy Officer.
5.3 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 client’s’ or associate’s correction request in the file.
Policy 6 – Securing Personal Information
6.1 We are committed to ensuring the security of client or associate personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that client or associate personal information is appropriately protected: use of locked filing cabinets, securing offices where personal information is held, the use of user ID’s, passwords, encryption, firewalls and restricting employee access to information as appropriate.
6.3 We will use appropriate security measures when destroying client’s or associate’s personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 – Providing Clients or Associates Access to Personal Information
7.1 Clients or associates have a right to access their personal information, subject to limited exceptions such as client-solicitor privilege or where disclosure would reveal personal information about another individual or safety concerns.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.
7.3 Upon request, we will also tell clients or associates how we use their personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available within thirty business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client or associate of the cost and request further direction from the clienmt or associate client on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the client or associate in writing, providing the reasons for refusal and the recourse available to the client or associate.
Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 The Privacy Officer is responsible for ensuring Yardale’s compliance with this policy and the Personal Information Protection Act.
8.2 Clients or Associates should direct any complaints, concerns or questions regarding Yardale’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client or associate may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for Yardale’s Privacy Officer: Peter Dale, 130-10030 Resthaven Drive, Sidney, B.C. V8L 3G4. Telephone: 250-426 -4378