Privacy Policy
Promeric Technologies its BankEx™ division and its affiliated companies (collectively, “Promeric”) recognize the importance of privacy and the sensitivity of personal information. This Privacy Policy describes how we manage and safeguard personal information and help to protect the privacy of individuals whose personal information we collect, use and disclose.
Personal Information
“Personal Information” is any information that identifies you, or by which your identity could be deduced. It does not include your business address, business title, professional designation or business telephone number. However, it does include information such as your name and residential address, your financial and credit history, age, gender and e-mail addresses that include personal names.
Purposes for Collecting Personal Information
We collect the Personal Information of individuals in connection with bankruptcy proceedings under the Bankruptcy and Insolvency Act (“BIA”), to provide computer software and other services to those individuals, their bankruptcy trustees and to creditors.
We also collect Personal Information from employees and agents of bankruptcy trustees (“Trustee Representatives”) to provide services to the trustees and to facilitate e-mail communications between Promeric, the trustees and creditors, in connection with bankruptcy proceedings under the BIA.
Methods of Collecting Personal Information
We collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, we collect Personal Information directly from the individual identified by the Personal Information. However, in some circumstances we may collect Personal Information about individuals and their BIA proceedings from their bankruptcy trustees or creditors. This Personal Information may be collected through application forms, documents exchanged by e-mail or by fax, or during telephone calls or personal meetings. We may also collect Personal Information from public documents, including public BIA records.
We collect the Personal Information of Trustee Representatives, including personal e-mail addresses, directly from that Trustee Representative, from another Trustee Representative or from a trustee.
Consent
Our standard form documents that are provided to individuals in BIA proceedings provide for their consent to the collection, use and disclosure of their Personal Information for purposes that relate to the provision of counselling services and Promeric’s role pursuant to the BIA. In particular, a Disclosure Statement specifies that Personal Information filed by the person’s bankruptcy trustee will become public and accessible to any party conducting a search of BIA records.
When Personal Information is collected through application forms, documents exchanged by e-mail or by fax, or during telephone calls or personal meetings, we will obtain consent at the time of collection.
The Personal Information of Trustee Representatives is collected by e-mail, forms that are mailed or faxed to us, during telephone calls or in person.
Use of Personal Information
We use the Personal Information we collect to provide services to individuals, their bankruptcy trustees creditors, and generally to facilitate the effectiveness and efficiency of BIA proceedings. As an example, our computer software is used to enable trustees to reformat and reorganize information and to prepare reports and notices. Generally, such processes use aggregated, anonymous data, rather than Personal Information about specific individuals, however, in some cases, Personal Information may be used or could be identified from the aggregated data.
Disclosure of Personal Information
In connection with the services that we provide in connection with BIA proceedings, to individuals, trustees and to creditors, we will disclose Personal Information as specified in the consents we have obtained and as described herein. Personal Information may be disclosed, without consent, where that Personal Information is already publicly available, e.g. in public records relating to BIA proceedings. Personal Information may also be disclosed to a third-party service provider, e.g. where it is engaged to provide administrative services to us and such third party is bound by this Privacy Policy. Finally, we will disclose Personal Information as required by law, e.g. in response to a subpoena issued by a court.
Security of Personal Information
Like other organizations, we depend on communications and computer information systems that can never be completely free of viruses or guaranteed to be secure from unauthorized access. However we take all reasonable precautions to ensure that the Personal Information we collect and use is kept safe from loss and unauthorized access, modification or disclosure. Included among the steps we take to protect Personal Information are that we restrict access to all Personal Information in our files and databases to staff and agents whose work requires access to that Personal Information; our computer systems require the use of passwords; and we utilize technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access.
Retention and Destruction of the Personal Information
Promeric retains the Personal Information we collect for as long as we determine is necessary for the purposes described in this Privacy Policy. We will destroy the Personal Information when it is no longer necessary to retain and use it as described herein.
Updating Personal Information
Updated Personal Information may be provided by the individual, or by his/her trustee, or by creditors through mailed, e-mailed, or faxed correspondence, during phone calls or meetings, or through public records relating to BIA proceedings.
Updated Personal Information of Trustee Representatives may be provided by the Trustee Representative, by another Trustee Representative or by a trustee.
Access to Personal Information
Individuals have the right to ask us for access to the Personal Information we hold about them. In cases where records are detailed and extensive, we may provide summary information. More detailed requests which involve archival or other retrieval costs may be subject to normal professional and copying fees.
The right of an individual to access his/her Personal Information is not absolute. We may deny access to Personal Information when: denial of access is required or authorized by law; granting access would have an unreasonable impact on the privacy of others; or if Promeric determines that the request is frivolous or vexatious. In circumstances where a request for access to Personal Information is denied, we will provide an explanation.
Correcting Errors
If the Personal Information we hold about an individual is not accurate, complete and up-to-date, we will take reasonable steps to correct it.
Changes to this Privacy Policy
This Privacy Policy is subject to change from time to time, to comply with changes in the law, and to reflect changes to Promeric’s services and procedures. A current version of this Privacy Policy is posted on our Internet web site at www.promeric.com/privacy.
Contact
If you have any questions about this Privacy Policy or if you wish to obtain a summary of the Personal Information we hold about you, in order to review and update it, please contact our Privacy Officer at:
Privacy Officer
Promeric Technologies
2235 Sheridan Garden Drive
Oakville, Ontario
L6J 7Y5
Telephone: 1.800.307.0370
E-mail: privacy.inquiries@fct.ca
This Privacy Policy was last revised December 2015.
