Your Privacy Rights
On January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act. The Act gives all Canadians rights concerning the privacy of their personal information.
The Millar Corporation is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy. The Millar Corporation’s Chief Privacy Officer ensures that proper personal information procedures and policies are in place, and that all company employees abide by the procedures that are established to protect our clients’ personal information.
Why Does The Millar Corporation Need Personal Information?
The Millar Corporation must collect personal information from our clients to fully understand and address their estate planning/succession, wealth management or life insurance requirements and to provide them with the appropriate services needed to achieve their objectives in each of these areas. Personal information is collected during the initial client contact as well as on an ongoing basis as we work with our clients throughout the planning and implementation process. In most cases, the personal information is collected directly from our clients. However, at times, we may obtain personal information about our clients from other sources that is required to deliver our services, with our clients’ permission: for example, from lawyers, accountants, physicians, insurance companies or other financial institutions that work with our clients. All of this information is treated with the same standard of care.
The Use Of Your Personal Information
We limit our collection of personal information to what is required to provide estate planning, investment management/advisory or insurance services for you and future updates of these arrangements. If you tell us that you no longer wish to receive our services or updates, we will not send any further information to you. We do not sell, trade or exchange any personal information that we receive from our clients with third parties to market their products.
Disclosure Of Your Personal Information
Any personal information we receive is held in strict confidence. However, we may need to disclose personal information to provide you with the services you have requested, or if we are required to do so by law. Circumstances that may require disclosure include:
• When we are required or authorized by law to do so, for example if a court issues a subpoena.
• When you have consented to the disclosure.
• When the services we are providing to you require us to give your information to third parties. For example: as a portfolio manager, to a custodian in order to transact investment business; to other portfolio managers in the case of a referral or to an insurance company in order to underwrite coverage. In these situations, your consent will be implied, unless you tell us otherwise.
• Where it is necessary to establish or collect fees.
• If the information is already publicly known.
Updating Information & Correcting Errors
Since we use our clients’ contact and other personal information to provide services to them, it is important that the information be accurate and current. Therefore, we ask our clients to inform us of any change in their personal information so that we can update our files and records. When a client advises us that the personal information we hold is not accurate, complete or current, The Millar Corporation will take all reasonable steps to correct it.
Is My Personal Information Secure?
The Millar Corporation endeavours to take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Safeguards in place to protect your personal information include premise security, restricted file access, proper destruction procedures and technological safeguards like security software, firewalls, internal password procedures, a secure portal for electronic document transmission and security policies.
Access To Your Personal Information
You may ask for access to your personal information that we hold at any time. Requests that require archive or other retrieval costs (i.e., from investment or insurance institutions) may be subject to professional or disbursement fees. The Millar Corporation, in limited circumstances, may deny access when:
• Denial of access is required or authorized by law (for example, when a record containing personal information about the requester is subject to a claim of legal professional privilege by one of our other clients);
• Information relates to existing or anticipated legal proceedings against a client;
• Granting access to a client would have an unreasonable impact on other people’s privacy;
• To do so would prejudice negotiations with a client;
• Protecting The Millar Corporation’s rights and property; or
• The request is frivolous or vexatious.
If we refuse your request for access, or refuse a request to correct information, we will send a letter to you outlining why your request has been denied.
Requests For Access Or Other Privacy Questions Or Concerns
To find out more about federal privacy laws, contact the Privacy Commissioner of Canada at: 112 Kent Street, Ottawa, Ontario K1A 1H3 T: (800) 282-1376, or visit the website at www.privcomm.gc.ca.