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At Capital Direct*, we understand that privacy is a critical issue for all our clients. This policy outlines the principles Capital Direct applies when protecting clients' privacy. This policy outlines the principles and commitments we make to you, our client, to protect the privacy of your personal information.
This policy does not apply to the information collected, used or disclosed with respect to corporate or commercial entities that are clients. However, Capital Direct exercises the same care and diligence in protecting the confidentiality of this information.
1. Capital Direct is accountable for the protection of clients' personal information. While senior management is ultimately accountable for the protection of personal information, the day-to-day monitoring for compliance may be delegated to other staff.
2. Capital Direct is committed to ensuring that the appropriate security measures are employed in the transfer of sensitive information. However, when using e-mail or wireless communication, Capital Direct advises clients that complete confidentiality and security are not assured.
3. Capital Direct is not accountable for any damages suffered when a client transmits personal information through e-mail or wireless communication or when Capital Direct transmits information at the request of the client.
4. Capital Direct has developed policies and procedures to: protect personal information; receive and respond to complaints and inquiries; train staff regarding the policies and procedures; communicate the policies and procedures to our clients.
5. Capital Direct collects client personal information for the following reasons only:
Capital Direct will only collect personal information for the purposes identified. Capital Direct will use methods that are lawful and will not collect information indiscriminately. Capital Direct will not use personal information for any additional purpose unless Capital Direct seeks client consent to do so.
6. Capital Direct will obtain client consent to collect, use or disclose any personal information except where detailed in this policy. Capital Direct will make reasonable efforts to ensure that clients understand how their personal information will be used and disclosed.
7. A client's consent can be express, implied, or given through an authorized representative such as a lawyer, agent or broker. Consent may be given orally, in writing, or electronically. For example, depending on the sensitivity of the information, consent can be expressed over the telephone when information is being collected; electronically when submitting an agreement, application, or other information; in writing when signing an agreement or application form. Implied consent exists when Capital Direct can reasonably infer consent based upon the action or inaction of the client.
8. Capital Direct, however, may collect, use or disclose personal information without the client's knowledge or consent in exceptional circumstances:
9. Subject to contractual or legal arrangements, clients may withdraw or refuse consent provided that Capital Direct is given reasonable notice. Capital Direct may decline to deal with a client or person who will not consent to the use of such information.
10. Capital Direct may periodically use client personal information to conduct client surveys in order to enhance our provision of services or products. If an outside body is employed to conduct research on behalf of Capital Direct, or provide other services that require access to client information, Capital Direct will ensure that appropriate security undertakings, such as confidentiality clauses in contractual arrangements, are employed to protect the transfer and use of personal information.
11. Capital Direct will retain client personal information only as long as necessary or expected to be necessary for the identified purposes, or as required by legislation.
12. Capital Direct may disclose personal information related to a financial asset of Capital Direct along with transfer of the financial asset.
13. Capital Direct will make reasonable efforts to ensure that client personal information is as accurate. In some cases, Capital Direct relies on its clients to ensure that certain information, such as the client's address or telephone number, is current, complete, and accurate.
14. Capital Direct will not routinely update information unless it is necessary to fulfill the purposes for which it was collected or if it is required to maintain an active account.
15. Capital Direct is committed to the safekeeping of client personal information in order to prevent its loss, theft, unauthorized access, disclosure, duplication, use, or modification, and will employ appropriate security measures to protect the information. The measures may include, for example, the physical security of offices and data, and electronic security measures such as passwords and encryption where appropriate.
16. Capital Direct will use appropriate security measures when disposing of client personal information.
17. The development of Capital Direct's policies and procedures for the protection of personal information is an ongoing process. Changes in technology necessitate that Capital Direct continually develops, updates, and reviews information protection guidelines and controls to ensure ongoing information security.
18. Capital Direct will make the following information available:
19. Clients have a right to access their personal information held by Capital Direct. Upon request, Capital Direct will, within a reasonable time period, tell the client what personal information it has, what it is being used for, and to whom it has been disclosed if applicable and within the time period for which records are available.
20. Clients may be asked to be specific about the information they would like to access and to submit their request in writing to Capital Direct.
21. Clients will be required to provide personal information to identify themselves to enable Capital Direct to provide an account of the existence, use, and disclosure of personal information.
22. Capital Direct will make the information available within 30 days, or provide written notice of extension where additional time is required to fulfill the request. When information is not provided within 30 days of the request, Capital Direct will, no later than 30 days after the date of the request, send a notice of extension to the client, advising of the new time limit, the reasons for extending the time limit and of the right of the client to make a complaint regarding the extension.
23. If a request is refused, Capital Direct will notify the client in writing, documenting the reasons for refusal and resources for redress available to the client.
24. The information will be made available at a cost that will vary with the type and amount of information requested. Where the client will incur a cost, Capital Direct will inform the client of the cost and request further direction from the client on whether or not Capital Direct should proceed with the request.
25. In certain situations, Capital Direct may not be able to provide access to any or all personal information about a client. In such cases, Capital Direct will explain the reasons it will not provide the requested information, and identify resources for recourse available to the client. The reasons for not providing information may include that it is unreasonably costly to provide, information that would threaten the life or security of another individual, information generated in a formal dispute resolution process, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
26. If the information is demonstrated to be inaccurate or incomplete, Capital Direct will amend the information as required. Where appropriate, Capital Direct will transmit the amended information to Third Parties having access to the information in question.
28. Clients may withdraw consent at any time, subject to legal or contractual restrictions, provided that reasonable notice of withdrawal of consent is given to the Capital Direct. On receipt of notice of withdrawal of consent, Capital Direct will inform the individual of the likely consequences of the withdrawal of consent, which may include the inability of Capital Direct to provide certain products or services, if the information is necessary to provide the products and services.
29. To improve the usability of our website at www.capitaldirect.ca, we capture information about how users interact with our site and what pages they visit. No personal information is collected as part of this process. The data we collect is used internally to better understand and support our users.
Capital Direct Lending Corp., Attention Compliance Officer
c/o Beck, Robinson & Company
Barristers and Solicitors
700 - 686 West Broadway
Vancouver, B.C. V5Z 1G1
* "Capital Direct" means Capital Direct Lending Corp., Capital Direct Management Inc. and Capital Direct Income Trust I, and their respective officers, directors, employees, contractors and agents.