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Collecting Personal Information
Limiting Use, Disclosure And Retention
"Personal information" means any information about an identifiable individual. It includes, without limitation, information relating to identity, nationality, age, gender, address, telephone number, e-mail address, Social Insurance Number, date of birth, marital status, education, employment health history, assets, liabilities, payment records, credit records, loan records, income and information relating to financial transactions as well as certain personal opinions or views of an Individual."Business information" means business name, business address, business telephone number, name(s) of owner(s), officer(s) and director(s), job titles, business registration numbers (GST, RST, source deductions), financial status. Although business information is not subject to PIPEDA, confidentiality of business information will be treated with the same security measures by the CDC staff, members and Board members, as is required for individual personal information under PIPEDA."Client" means the business that is applying for or has been approved for a loan, (including sole proprietorships and individuals carrying on business in a partnership);"Individual" means the client’s owner(s) or shareholders, co-signors, and/or any guarantor associated with a client."Member" means a person who volunteers on a CDC committee, but who is not a current or active board member, or chair of the committee."Application" means the application form or related forms completed by the individual(s) to request financing for the client through the Investment Fund of the CDC."Data base" means the list of names, addresses and telephone numbers of clients and individuals held by the CDC in the forms of, but not limited to, computer files, paper files, and files on computer hard-drives."File" means the information collected in the course of processing an application, as well as information collected/updated to maintain /service the account."Express consent" means the individual signs the application, or other forms containing personal information, authorizing the CDC to collect, use, and disclose the individual's personal information for the purposes set out in the application and/or forms."Implied Consent" means the organization may assume that the individual consents to the information being used, retained and disclosed for the original purposes, unless notified by the individual."Third Party" means a person or company that provides services to the CDC in support of the programs, benefits, and other services offered by the CDC, such as other lenders, credit bureaus, persons with whom the individual or client does business, but does not include any Government office or department to whom the CDC reports in the delivery of such programs, benefits or services.
Personal information is collected in order to assess the eligibility of the individual completing an application for financial assistance, as well as to report to Industry Canada. The individual is the main source of information but the CDC will also ask to obtain information directly from a third source where the individual does not have the required information.Only that information which is required to make a determination of an individual's eligibility will be collected. Although the individual's Social Insurance Number may be requested in the application for confirming identification of the individual to the credit reporting agency, provision of this personal information is optional. The individual may provide alternative forms of identification, such as date of birth and driver's license number.
Personal information will be used for only those purposes to which the individual has consented with the following exceptions, as permitted under PIPEDA.The CDC will use personal information without the individual's consent, where:• the organization has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation; • an emergency exists that threatens an individual’s life, health or security; • the information is for statistical study or research; • the information is publicly available; • the use is clearly in the individual’s interest, and consent is not available in a timely way; • knowledge and consent would compromise the availability or accuracy of the information, and • collection is required to investigate a breach of an agreement.
Personal information will be disclosed to only those CDC employees, members of the CDC committees, and the Board of Directors that need to know the information for the purposes of their work or making an assessment as to the individual's eligibility to the loan program.Personal information will be disclosed to third parties with the individual's knowledge and consent.PIPEDA permits the CDC to disclose personal information to third parties, without an individual's knowledge and consent, to:• a lawyer representing the CDC; • collect a debt owed to the CDC by the individual or client; • comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction; • a law enforcement agency in the process of a civil or criminal investigation; • a government agency or department requesting the information; or, • as required by law. PIPEDA permits the CDC to transfer personal information to a third party, without the individual's knowledge or consent, if the transfer is simply for processing purposes and the third party only uses the information for the purposes for which it was transferred. The CDC will ensure, by contractual or other means, that the third party protects the information and uses it only for the purposes for which it was transferred.
Personal information will be retained in client files as long as the file is active and for such periods of time as may be prescribed by applicable laws and regulations.A file will be deemed inactive if the Investment Committee rejects an application, when a loan is repaid in full and securities are discharged, or when a guarantee is terminated. Information contained in an inactive file will be retained for a period of seven (7) years, except in the case where an application is rejected. Where an application has been rejected, the file and all personal information contained in the file will be retained for a period of two (2) years.
The CDC endeavours to ensure that any personal information provided by the individual in his or her active file(s) is accurate, current and complete as is necessary to fulfill the purposes for which the information has been collected, used, retained and disclosed. Individuals are requested to notify the CDC of any change in personal or business information.Information contained in inactive files is not updated.
An Individual who wishes to review or verify what personal information is held by the CDC, or to whom the information has been disclosed (as permitted by the Act), may make the request for access, in writing, to the CDC's Chief Privacy Officer. Upon verification of the individual's identity, the Chief Privacy Officer will respond within 60 days.If the individual finds that the information held by the CDC is inaccurate or incomplete, upon the individual providing documentary evidence to verify the correct information, the CDC will make the required changes to the individual's active file(s) promptly.