The Scope Of This Privacy Code
Changes To This Privacy Code
Why IMS Collects Personal Information
IMS collects Personal Information in the normal course of providing its products and services.
Unless additional purposes are identified to an individual before or at the time of collection of Personal Information, IMS will collect Personal Information for the following purposes:
- to help identify new clients;
- to determine the suitability of products or services for an individual or the eligibility of an individual for products and services;
- to set up and manage products and services that meet an individual’s needs;
- to offer products and services to meet those needs;
- to provide ongoing service; and
- to meet legal and regulatory requirements.
IMS takes care to explain purposes which are not as obvious as others. IMS may collect, use and disclose Personal Information for some or all of the following purposes:
- an individual’s date of birth (“DOB”) and other identifying information may be collected and used to verify the identity of a client and to protect the client and IMS from error or fraud;
- Personal Information is used by IMS to determine initial and ongoing eligibility for products and services and to notify the clients of such products by website, mail, e-mail or phone;
- Personal Information including account details may be collected from or disclosed to an individual’s insurance broker or insurance company, if that individual agrees to forward that information, and such an arrangement exists between IMS and the individual’s insurance company;
- Personal Information may be collected and used to ensure that a client’s instructions can be properly verified;
- Personal Information may be collected, used and disclosed to investigate client complaints and for diagnostic purposes; and
- Should you open an account to be operated on behalf of a third party, Personal Information of that third party will be collected from you in accordance with the product’s functionality.
IMS limits the amount and type of Personal Information it collects. IMS will collect Personal Information only for purposes it has already identified to the individual or as permitted by law. IMS will collect Personal Information using procedures which are fair and lawful. IMS will collect only the amount and type of information needed for the purposes documented by IMS and identified to the individual. IMS will collect Personal Information about an individual primarily from that individual. Except as permitted by law, IMS will only collect Personal Information from external sources if individuals have consented to such collection.
How IMS Obtains Consent
Individuals can also give consent through an authorized representative, such as a legal guardian or a person with a power of attorney. This may be necessary, for example, if IMS cannot obtain express consent from an individual who is a minor, seriously ill, or mentally incapacitated.
IMS may collect, use or disclose Personal Information without the individual’s knowledge and consent only in limited circumstances as permitted by law:
- IMS may collect, use and disclose Personal Information without the individual’s knowledge or consent if it is clearly in the individual’s best interests to do so and consent cannot be sought in a timely manner. An example of such a circumstance is when an individual is seriously ill.
- IMS may collect, use and disclose Personal Information without individuals’ knowledge or consent in certain circumstances where the information is publicly available. An example would be the name, address and phone number of a subscriber to a telephone directory that is available to the public where the subscriber can refuse to have their Personal Information appear in the telephone directory.
Subject to certain legal or contractual restrictions and reasonable notice, an individual may refuse or withdraw consent at any time. IMS will inform individuals of the consequences of refusing or withdrawing consent when individuals seek to do so. Refusing or withdrawing consent for IMS to collect, use or disclose Personal Information could mean that IMS cannot provide the individual with a product, service or information of value to the individual.
IMS, however, will not unreasonably withhold products, services or information from individuals who refuse to give consent or who withdraw consent.
How IMS Uses, Discloses, and Maintains Personal Information
IMS will only use or disclose Personal Information only for the purposes for which it was collected, unless specific consent has been obtained for another purpose. This means that typically IMS will only process and/or disclose Personal Information in order to:
- understand and meet your needs and preferences;
- develop new and enhance existing service and product offerings;
- manage and develop our business and operations;
- carry out any purposes for which IMS has received your consent; and
- meet legal and regulatory requirements.
Under certain exceptional circumstances, IMS may have a legal duty or right to disclose Personal Information without the individual’s knowledge or consent. IMS may disclose Personal Information without consent when required or permitted by law. Examples of such disclosures include:
- subpoenas, search warrants and other court and government orders;
- debt collection or demands from other parties who have a legal right to Personal Information; and
- disclosure of Personal Information to a lawyer (or, in Quebec, a notary or an advocate) who represents IMS.
IMS will protect the interests of its clients by making sure that orders or demands appear to comply with the laws under which they were issued. IMS does not comply with casual requests for Personal Information from government or law enforcement authorities.
IMS may notify individuals that an order or demand has been received, if the law does not prohibit such notification. IMS may notify individuals by telephone, or by letter to the client’s usual address.
IMS may want to use Personal Information in its possession or control to market products and services to individuals, either directly through IMS or through its existing subsidiaries, affiliates or approved network. IMS will obtain the individual’s consent before using or disclosing Personal Information for this purpose.
When an individual applies for a product or service and provides Personal Information, IMS will advise the individual that his/her Personal Information may be used by IMS to market other products and services to the individual.
IMS will keep Personal Information only as long as necessary for the identified purposes. IMS will destroy, delete or make anonymous any Personal Information no longer needed for its identified purposes or in order to meet legal requirements.
Keeping Personal Information Accurate
IMS will keep the Personal Information in its possession or control accurate, complete, current and relevant, based on the most recent information available to IMS.
Individuals may challenge the accuracy and completeness of Personal Information about them and have it amended as appropriate. IMS will make reasonable efforts to minimize the possibility of using inaccurate, incomplete or outdated Personal Information to make a decision about the individual. IMS will update Personal Information only if it is necessary for the purposes for which it was collected.
IMS will make reasonable efforts to keep Personal Information in its possession and control accurate and current if the information is used on an ongoing basis, unless limits on the need for accuracy are clearly set out by IMS.
IMS will also rely on individuals to keep certain Personal Information relating to them accurate, complete and current. If an individual demonstrates to IMS that Personal Information relating to them is inaccurate, incomplete, out of date or irrelevant, IMS will revise or delete the Personal Information. If necessary, IMS will disclose the revised Personal Information to any third parties to whom IMS disclosed wrong or outdated information in order to permit them to revise their records.
If IMS does not agree to revise Personal Information as requested by the individual, the individual may challenge IMS’s decision. IMS will make a record of this challenge, and, if necessary, disclose the challenge by the individual to any third parties to whom IMS has disclosed the Personal Information.
Safeguarding Personal Information
IMS will protect Personal Information with safeguards appropriate to the sensitivity of the information.
IMS will safeguard Personal Information in its possession or control from loss or theft and from unauthorized access, disclosure, duplication, use or modification.
The safeguards employed by IMS to protect Personal Information will vary depending on the sensitivity, amount, distribution, format and storage of the Personal Information. IMS stores most of your information electronically. Recent paper records containing individuals’ Personal Information are stored in files kept onsite at our Waterloo head office, and older records containing individuals’ Personal Information may be stored at an offsite storage facility. IMS will give the highest level of protection to the most sensitive Personal Information.
IMS will safeguard Personal Information in its possession or control through security measures. For example:
- physical security, such as secure locks on filing cabinets and restricted access to offices;
- organizational security, such as controlled entry in data centres and limited access to relevant information; and
- electronic security, such as passwords, personal identification numbers and encryption.
IMS may transfer Personal Information to third parties for processing, including, market research, data processing services, collection, service agents, and for other goods and services. IMS requires these third parties to safeguard all Personal Information in a way that is consistent with IMS’s measures and/or as regulated by law.
In some circumstances, the third parties retained by IMS to perform functions on its behalf may be located outside of Canada. Therefore, some Personal Information collected by IMS may be retained in countries other than Canada where privacy laws may offer different levels of protection from those in Canada and Personal Information may be subject to access by and disclosure to law enforcement agencies in those jurisdictions. Where this is the case, IMS will use contractual obligations to ensure the standards of privacy and protection of your Personal Information in your home territory are maintained.
When IMS contracts with third parties, they are given only the Personal Information necessary to perform the services as set out in the contract. Third parties are prohibited from storing, analyzing or using the Personal Information transferred by IMS for any other purpose without your prior express consent. These third parties are contractually required to protect Personal Information transferred by IMS in a manner that provides a level of protection consistent with privacy policies and practices established by IMS.
IMS will use care when disposing of or destroying Personal Information in order to prevent unauthorized access to the information.
Making Information About Policies And Procedures Available To Individuals
Access To Personal Information
When an individual requests it, IMS will give the individual access to Personal Information about them which is in the possession or control of IMS. In certain exceptional situations IMS may not be able to give individuals access to all of the Personal Information about them.
IMS has established procedures for responding to requests for access to Personal Information. IMS will respond to requests within a reasonable amount of time. Individuals must be specific about the Personal Information that may be in IMS’s possession or control. In the unlikely event that IMS determines that there will be a cost to the individual in granting such access, IMS shall inform the individual of the costs permitted by law prior to granting such access.
IMS will identify from whom it collected the Personal Information, to whom it has disclosed the Personal Information, and how and when the information was disclosed. IMS will take this data from its records, and will provide it to the individual.
In some cases, IMS may not provide access to Personal Information that is in its possession or control. This may occur when:
- providing access to Personal Information would be likely to reveal Personal Information about a third party;
- providing the Personal Information could result in a threat to the security of another individual;
- disclosing the information would reveal confidential commercial information;
- the Personal Information is protected by solicitor-client privilege;
- the information is the result of arbitration or other formal dispute resolution process; or
- the information has been collected for the purposes of a legal investigation.
If IMS denies the individual’s request for access to Personal Information, IMS will advise the individual of the reason for the refusal.
Rights of European Data Subjects
Under the laws of the Member States of the European Union and states of the European Economic Area, as well as the UK, IMS is required to provide you with the following additional information:
- You have the right to withdraw your consent to IMS processing your Personal Information at any time. This will not affect any Personal Information processed before such withdrawal. You can exercise this right by contacting IMS at firstname.lastname@example.org.
- You have the right to request access to or the correction or deletion of your Personal Information. This can be done by contacting IMS at email@example.com.
- You have the right to ask IMS to transfer your Personal Information to another person. Please contact us at firstname.lastname@example.org with the contact details of the person you would like IMS to transfer the data to, and which data you want to transfer.
- You may contact IMS at email@example.com if you have a question or complaint about the way IMS has handled, processed, or used your Personal Information. In the unlikely event that IMS cannot address your complaint to your satisfaction, you have the right to complain to your local regulatory authority.
Handling Individuals’ Complaints And Questions
IMS has policies and procedures to receive, investigate, and respond to individuals’ complaints and questions relating to privacy. In the event of questions about this policy, how to access Personal Information, or how IMS collects, uses, and discloses Personal Information, please contact Client Services at (519) 745-8887 or toll free 1-877-273-7483 or by email at firstname.lastname@example.org. You may also write to the Privacy Officer at the following address:
IMS PRIVACY OFFICER
435 King Street North
Waterloo, ON N2J 2Z5
IMS will investigate all complaints. If IMS finds a complaint justified, IMS will attempt to resolve it. If necessary, IMS will modify its policies and procedures to ensure that other individuals will not experience the same issue.
If individuals are not satisfied with the way IMS has responded to their complaint, they can contact the Federal Privacy Commissioner.
Last Modified: 05/25/2018