This policy explains the type of Personal Information we collect, how it is used and the steps we take to ensure that your Personal Information is handled appropriately.
WHAT IS PERSONAL INFORMATION?
“Personal Information” is any information that is specific to you as an individual and includes your residential address, date of birth, age, marital status, education, employment history, identification numbers, financial information and credit records. It does not include business contact information that would typically appear on a business card or that is available in public records such as public telephone directory information and professional and business directories available to the public.
THE TEN PRINCIPLES
Trez has adopted the 10 principles for the protection of privacy forming part of the applicable privacy legislation which established rules for the collection, use and disclosure of Personal Information.
2. Collection Purposes and Use of Your Personal Information
Trez will identify and document the purposes for which it collects the Personal Information, before or at the time of collection. In most situations where you are asked to provide Personal Information, it will be readily obvious to you why we are collecting such information and how we will use it.
If you are an investor, we will collect, as part of the subscription process, your name, address, telephone number, e-mail address, banking information and social insurance number primarily for the purposes of being able to communicate with you, to be able to remit distributions to you, and to prepare income tax and other reporting required by law.
If you are a borrower or guarantor, we will collect, as part of the loan approval process, your name, address, telephone number, and at times your personal financial information to be able to communicate with you and for the purposes of determining your creditworthiness and to assist in future enforcement and collection of the loan.
Depending on how you do business with us, we may gather Personal Information from the following sources:
We may collect from, and use and disclose Personal Information to, any person or organization for the following purposes:
We may collect, use and disclose your social insurance number for income tax reporting purposes but also to verify and report credit information to credit reporting agencies and to verify your identity. Your social insurance number may be used to keep your Personal Information separate from that of other clients with similar names. You may refuse to consent to its use and disclosure for purposes other than required by law.
If we syndicate or assign your mortgage or loan, sell parts of our business, or merge or amalgamate with other entities, we may release the information we hold about you to the prospective purchaser or assignee as part of due diligence and on completion of the transaction.
When you apply, as a borrower or guarantor, for a loan we may exchange information about you with credit bureaus for the purpose of establishing your creditworthiness and maintaining the reliability of the credit reporting system. If you use a mortgage broker or other third party to assist you in your credit application we may obtain and exchange information with them in order to determine your eligibility for credit.
We may verify relevant information you give us with your employer or your references and you authorize any person whom we contact in this regard to provide such information to us.
We may monitor or record any telephone call we have with you. We will retain the content of the call. This is to maintain an accurate record of the information you provide and to ensure that our service levels are maintained.
3. Obtaining Your Consent to Collect, Use or Disclose Your Personal Information
With certain exceptions as outlined below, we will obtain your consent to collect, use or disclose Personal Information. This consent will allow us to check your employment, obtain a credit report and exchange information with credit reporting agencies and share your information with our affiliates. In most cases, we will seek your express consent to the use of your Personal Information.
If you are an investor, by completing and signing a subscription agreement and related documentation to purchase our securities, you are giving us your express consent for us to use the Personal Information provided by you in the ways outlined above or in the documentation providedto you at the time or as required or permitted by law or other rules and regulations governing us and our business.
If you are a borrower or guarantor, by completing an application for a loan, including a personal financial statement, you are giving your express consent for us to use the Personal Information provided by you during the loan approval process in the ways outlined above or in the documentation provided to you at the time or as required or permitted by law or other rules and regulations governing us and our business.
Your consent may be given in writing, verbally or by electronic means. We may rely upon implied consent where permitted by law including where the following situations occur:
The following are exceptions where we may collect, use or disclose Personal Information without consent and for which you may not withdraw consent:
Where you are permitted to withdraw your consent, and you do withdraw your consent, (if, for example you choose not to receive direct marketing), we will do our best to make sure that our files are updated as quickly as possible. You must give us reasonable notice of your withdrawal of consent in writing.
If you withdraw your consent, we will inform you of the implications of such withdrawal. To withdraw your consent, simply contact us and advise us of what Personal Information you no longer wish us to use. Withdrawal of your consent may result in us being unable to continue to offer you our products or services.
4. Limits on Collection of Personal Information
Trez limits the amount and type of Personal Information to what is necessary for the purposes we have identified. We will obtain Personal Information only by fair and lawful means and not by misleading or deceiving you about the purposes for which information consent to collection is sought.
5. Limitations on Use, Disclosure, and Retention of Your Personal Information
Personal Information will be stored on our server and that storage site might be outside of the jurisdiction where it was first obtained.
We will make every effort to ensure the Personal Information in our records is accurate and up to date. We also rely on you to tell us when your Personal Information changes. If you identify any incorrect or outdated Personal Information requiring amendment, please contact your investment representative or your mortgage broker, as applicable.
7. Security of Your Personal Information
The security of your Personal Information involves both physical, organizational and electronic methods. We only contract with key suppliers that have a proven track record of securely handling Personal Information and share our policies.
We restrict physical access to areas where information is collected, stored or processed to authorized employees and agents only.
We maintain electronic security measures such as password protection to prevent unauthorized access to our electronic records of Personal Information.
When information is no longer required and is to be destroyed we shred paper documents that contain Personal Information and erase or make anonymous any Personal Information on any electronic media.
Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.
A privacy breach is the loss of, or unauthorized access to, or disclosure of, Personal Information resulting from a breach of an organization’s security safeguards. Upon the occurrence of a privacy breach or potential privacy breach, Trez will investigate and evaluate the implications of the breach of security safeguards. Trez will report the breach to the appropriate regulatory body and/or applicable organization as soon as feasible after we have determined the breach occurred and such reporting will occur within the prescribed timeframe. Trez will also notify the affected individuals (in the prescribed form) if the breach creates a real risk of significant harm to an individual as soon as feasible after we have determined the breach has occurred, unless giving notice is otherwise prohibited by law. Trez will take immediate steps to prevent future breaches after taking all necessary steps to mitigate the risks associated with a breach of security safeguards.
Trez will maintain a record of all breach of security safeguards for a period of 24 months from the day that it has been determined that the breach has occurred.
9. Individual Access
Upon your request, we will tell you what Personal Information we have, what it is being, or may be used for, from whom it was collected and to whom it has been disclosed. Depending on the nature of the information you are requesting and the complexity of your request, we may ask you to put your request in writing. Some of the information you request may not be immediately available. If this is the case, we may require that your request be submitted in writing or by e-mail and we will provide such information as soon as reasonably available and generally within thirty days.
Generally, there will be no charge for verifying or correcting your Personal Information. Depending on the circumstances, there may be a charge if you want a copy of records that we have already given you or your request is relatively complex. We will let you know in advance if there is a charge.
If we have obtained Personal Information about you from other people, you can ask us for the source of that information. If we obtained a credit report on you, we will advise you of the agency that provided such report and you may contact them directly for a current credit report.
We may not be able to provide you with a copy of appraisals or other materials obtained by us from third parties subject to copyright, without the authorization of the author. We will provide you with a summary of the findings of such third party reports.
On request, and except where legally prohibited, we will provide you with the names of outside companies or organizations to whom we’ve given your Personal Information. This will not include outside suppliers we engaged to provide services to us or companies that process information for us. This also will not include reports to the Canada Revenue Agency, regular updating of credit information to credit bureaus, indicating to third parties when cheques are returned NSF, or information provided to legal counsel for the purpose of collection or enforcement of security or information that has been provided for legal or regulatory reasons.
We will not provide Personal Information if it:
We will give you brief reasons for any refusal to allow access to your Personal Information. You may then challenge our decision.
If we discover that we have information about you that is obsolete or incorrect, we will update our records accordingly. We reserve the right to decline a requested correction but will append a notation to the records of your requested alternative information. Whenever possible, we will correct any information which we may have given to an outside organization.
If a third party such as a credit bureau or reporting agency has given us information that you tell us is wrong, we will give you the name and address of that party so that you can contact them to correct the information they maintain.
10. Complaints about Policy and Compliance
Trez Capital Limited Partnership/Trez Capital Fund Management Limited Partnership Attention: Privacy Officer
1700-745 Thurlow Street
Vancouver, BC V6E 0C5
Tel: (604) 689-0821
Fax: (604) 638-2775
Should you not accept the conclusion of Trez’s Privacy Officer, you may contact:
Office of the Privacy Commissioner of Canada 30, Victoria Street
Toll free at 1-800-282-1376