Privacy Policy

TaxGen considers privacy a serious issue and complies with federal and provincial privacy legislation.

A. INTRODUCTION

TaxGen Estate Planning Ltd. (“TaxGen”) recognizes the importance of privacy and the sensitivity of personal information. We are committed to keeping personal information accurate, secure and confidential. This policy outlines how we will manage personal information and safeguard its privacy.

TaxGen’s Privacy Officer is Wayne Stone. He can be contacted at 604-656-8850 or wayne.stone@taxgen.ca.
TaxGen provides estate tax planning services to our clients. In order to provide effective services, we need to collect and use personal information.

On occasion, we may need to disclose personal information to third parties when disclosure is required to provide effective services. We do not disclose personal information to enable other companies to market their products and services.

We may collect personal information directly from the individual or from third parties. For example, we may collect personal information from an individual’s insurance agent, insurance company, lawyer, or accountant.
Our policy is based upon the following principles:

1. Accountability
2. Identification of the purpose for collection, use and disclosure
3. Consent
4. Limitation on collection of personal information
5. Limitation on use, disclosure, and retention of personal information
6. Accuracy
7. Protection of personal information
8. Openness
9. Access to personal information
10. Compliance

B. SCOPE AND APPLICATION

This policy applies to personal information about our clients, suppliers, third parties, agents, contractors, partners and affiliated entities that is collected, used or disclosed by us.

C. DEFINITIONS

Collection - the act of gathering, acquiring, recording, or obtaining personal information from any source including third parties

Consent - informed voluntary agreement for the collection, use and disclosure of personal information for defined purposes

(i) consent can be express, deemed or implied
(ii) express consent can be given orally or in writing, and can be in hard copy form or digital
(iii) deemed consent may exist if the purpose for the collection, use or disclosure of the information would be considered obvious to a reasonable person and the individual provides the personal information to us or a third party for that purpose
(iv) implied consent may exist if it can reasonably be inferred from an individual's action or inaction
(v) consent can be given through an authorized representative, such as a legal guardian or a person with a power of attorney

Disclosure - the act of making personal information available to a third party

Personal information - information about an individual that does or could identify the individual including information relating to personal characteristics, health, activities or views; does not include aggregated information that cannot be associated with a specific individual

Stakeholders – clients, potential clients, associates, suppliers, collaborators, agents and contractors of TaxGen

Third party - an individual or organization other than TaxGen

Use - the treatment, handling, or management of personal information by and within TaxGen

D. APPLICATION OF THE TEN PRINCIPLES

1. Accountability
TaxGen is accountable and responsible for personal information in its possession or control. To ensure this accountability, we have developed this policy, and trained our employees about our policies and practices.
TaxGen has designated Wayne Stone as the employee who is the Privacy Officer accountable for TaxGen’s compliance with the policy. He can be contacted at TaxGen (wayne.stone@taxgen.ca or 604-656-8850).
TaxGen will:
(a) be responsible for protecting personal information in its possession or control and ensuring compliance with the provisions of the policy;
(b) implement procedures to protect the privacy of personal information;
(c) establish policies and procedures to
(i) receive and respond to questions, inquiries or complaints;
(ii) ensure the accuracy of personal information; and
(iii) obtain consent;
(e) train firm employees to understand and comply with TaxGen’s policies and procedures; and
(f) provide public access to this policy.

2. Identification of the Purpose for Collection
TaxGen will identify the purposes for which personal information is collected.
TaxGen collects personal information for the following purposes:
(a) to establish and maintain relations with stakeholders;
(b) to understand the needs and preferences of stakeholders, including the preferences of visitors to our website;
(c) to develop, enhance, market or provide products and services to meet the needs or expectations of stakeholders;
(d) to manage and develop TaxGen’s business;
(e) to meet legal and regulatory requirements; and
(f) such additional purposes that are identified to an individual.
TaxGen will clearly identify the purposes for which it collects personal information orally, in writing, or by any other means it communicates with individuals. On request, persons collecting personal information will elaborate on the purpose for such collection.
TaxGen will not use or disclose for any new purpose personal information that has been collected without first identifying the new purpose and obtaining the consent of the stakeholder, unless permitted by law.

3. Obtaining Consent for Collection, Use or Disclosure of Personal Information
TaxGen will obtain consent for the collection, use or disclosure of personal information about a stakeholder. TaxGen will collect, use or disclose personal information without stakeholder consent only as permitted by law. The following principles will apply:
(a) in obtaining consent, TaxGen will explain to stakeholders in plain language the purposes for which personal information will be collected, used or disclosed;
(b) generally, TaxGen will seek consent to use and/or disclose personal information at the same time it collects the information. In some circumstances, TaxGen may identify a new purpose and will seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose;
(c) in determining the appropriate form of consent, TaxGen will consider the sensitivity of the personal information and the reasonable expectations of stakeholders;
(d) subject to certain legal or contractual restrictions and reasonable notice, a stakeholder may withdraw consent and TaxGen will stop collecting, using or disclosing the personal information of that stakeholder unless the collection, use or disclosure is permitted by law. For more information regarding the consequences of withdrawing consent for use and disclosure of personal information a stakeholder may contact TaxGen;
(e) TaxGen may collect, use and disclose personal information from a third party without obtaining consent from the individual if the third party has already obtained consent from the individual to collect, use and disclose the personal information for the same purpose;
(f) TaxGen may collect, use and disclose personal information without consent if it is clearly in the individual’s best interest and consent cannot be obtained in a timely manner; and
(g) TaxGen may disclose personal information without consent to a lawyer representing TaxGen to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

4. Limitation on Collection of Personal Information
TaxGen will take reasonable steps to limit the amount and type of personal information it collects. TaxGen will collect personal information only for the purposes identified to the individual at or before the time of collection or as permitted by law. TaxGen will collect personal information by fair and lawful means and in a fashion that is not unreasonably intrusive.
TaxGen primarily collects personal information directly from stakeholders. TaxGen may also collect personal information from external sources such as other employers, personal references or other sources that represent that they have the right to disclose the information.

5. Limitation on Use, Disclosure, and Retention of Personal Information
TaxGen will use or disclose personal information only for the purposes it was collected, except with the consent of the individual or as permitted by law. Under some circumstances, TaxGen may have a legal obligation or right to disclose personal information without any individual’s consent.
TaxGen will keep personal information only as long as necessary for the identified purpose or as required by law. If personal information has been used to make a decision about a stakeholder, TaxGen will keep the personal information for a reasonable period after the decision has been made.
TaxGen will maintain controls, schedules, practices and procedures for retention and destruction of personal information.

6. Accuracy
TaxGen will keep personal information that is in its possession or control accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used to better ensure that only appropriate information is used to make a decision about a stakeholder.

TaxGen will only update personal information about a stakeholder if it is necessary to fulfill the purposes for which the personal information was collected. TaxGen will take steps to ensure that personal information in its possession that is used on an ongoing basis, including information that is lawfully disclosed to third parties, is kept accurate and up-to-date.

7. Protection of Personal Information
TaxGen will protect personal information with safeguards appropriate to the sensitivity of the information as follows:
(a) TaxGen will safeguard personal information in its possession or control from loss or theft and from unauthorized access, use, disclosure, copying or modification through appropriate security measures depending on the sensitivity, format and storage of the personal information;
(b) TaxGen will protect personal information disclosed to third parties by requiring those third parties to safeguard all personal information in a manner that is consistent with TaxGen’s practices and as regulated by law;
(c) any TaxGen employee with access to personal information will be required to respect the confidentiality of such information; and
(d) TaxGen will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information.

8. Openness
TaxGen will be open about its policies and procedures regarding personal information. TaxGen will readily make available to stakeholders specific information about its policies and practices relating to the management of personal information.

TaxGen will make this policy available to stakeholders. TaxGen will make information available to assist stakeholders in understanding the collection, use and disclosure of their personal information. On request, TaxGen will advise if and how an individual can access personal information held by TaxGen.

9. Access to Personal Information
Stakeholders can seek access to their personal information by contacting the Privacy Officer at TaxGen.
On written request, TaxGen will inform a stakeholder of the personal information it has in its possession and control relating to that stakeholder and will give the individual reasonable access to that information. A stakeholder will be able to challenge the accuracy and completeness of the information and, in appropriate circumstances, TaxGen will amend the information.

Personal information requested by a stakeholder will be provided in a form that is easy to understand. TaxGen will provide the requested information within a reasonable time at no charge.

Upon request, TaxGen will provide an account of the use and disclosure of the personal information. Where reasonably possible, TaxGen will identify from whom the personal information was collected, to whom it has been disclosed, and how and when disclosure took place.

In some cases, including the following, TaxGen may not provide access to personal information that it holds about a stakeholder where:

(a) it is likely to reveal personal information about a third party;
(b) disclosing the personal information could reveal confidential commercial information;
(c) the denial of access is required or authorized by law;
(d) information relates to existing or anticipated legal proceedings against that stakeholder;
(e) it might prejudice negotiations with that stakeholder;
(f) it is necessary to protect the rights and property of TaxGen;
(g) the request is frivolous or vexatious; and
(h) the information is collected for purposes of an investigation or the information is the result of arbitration or other formal dispute resolution process.

If TaxGen denies an individual’s request for access to personal information, TaxGen will advise the individual of the reason for the refusal. A stakeholder is entitled to request a review of the decision.

TaxGen will promptly correct or complete any personal information determined to be inaccurate or incomplete by TaxGen. Any differences as to accuracy or completeness that cannot be resolved will be noted in the individual's file.

10. Compliance
A stakeholder may address a challenge concerning compliance with the above principles to the Privacy Officer.

TaxGen will investigate all complaints. If TaxGen finds a complaint justified, TaxGen will take the steps necessary to resolve it. This may include modification by TaxGen of its policies and procedures. A stakeholder will be informed of the outcome of the investigation regarding any complaint.

TaxGen will not disadvantage a stakeholder because the individual, acting in good faith, has invoked, or may invoke, the provisions of this policy or any applicable federal or provincial privacy legislation.