At Capitally Finance Corp., we are committed to providing our clients with exceptional service. As providing this service involves the collection, use and disclosure of personal information, protecting personal information is one of our highest priorities.

British Columbia’s Personal Information Protection Act (PIPA) sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information. Alberta’s PIPA does the same in that province. Other Acts in other provinces have similar requirements. Ontario is governed by the Federal Personal Information Protection and Electronic Documents Act (PIPEDA). We seek to abide by the legal requirements in each province (collectively called “PIPEDA” hereafter).

We will inform our clients of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances. in compliance with PIPEDA, outline the principles and practices we will follow in protecting clients; personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’ personal information and allowing our clients to request access to and correct their personal information.

Definitions

Personal Information – means information about an identifiable individual such as Social Insurance Number, private address and so on. Personal information does not include contact information (described below).

Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPEDA.

Privacy Officer – means the individual designated responsibility for ensuring that Capitally Finance Corp. complies with this policy and PIPEDA.

Policy 1 – Collecting Personal Information

1.1 Unless the purposes for collecting personal information are obvious and the client’s owner(s) voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.

1.2 We will only collect client owner information that is necessary to fulfill the following purposes:

• To verify identity;
• To verify commercial account creditworthiness
• To follow up on and collect a client’s customers’ outstanding invoices
• To open and manage a client account
• To transact a credit card payment when requested by our client, as and when applicable.

Policy 2 – Consent

2.1 We will obtain client consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).

2.2 Consent can be provided in writing, or it can be implied where the purpose for collecting, using, or disclosing the personal information would be considered obvious, and the client voluntarily provides personal information for that purpose.

2.3 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients can withhold or withdraw their consent for Capitally Finance Corp. to use their personal information in certain ways. A clients’ decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or deliver a particular product. If so, we will explain the situation to assist the client in making the decision.

2.4 We may collect, use or disclose personal information without the client’s knowledge or consent in the following limited circumstances:

• When the collection, use or disclosure of personal information is permitted or required by law In an emergency that threatens an individual's life, health, or personal security
• When the personal information is available from a public source (e.g., a telephone directory)
• When we require legal advice from a lawyer
• For the purposes of collecting a debt
• To protect ourselves from fraud
• To investigate an anticipated breach of an agreement or a contravention of law

Policy 3 – Using and Disclosing Personal Information

3.1 We will only use or disclose clients’ personal information where necessary to fulfill the purposes identified at the time of collection such as:

• To complete a credit card transaction, the client has requested

3.2 We will not use or disclose clients’ personal information for any additional purpose unless we obtain consent to do so.

3.3 We will not sell client or owner lists or personal information to other parties.

Policy 4 – Retaining Personal Information

4.1 If we use clients’ personal information to make a decision that directly affects the client, we will retain that personal information for at least one year so that the individual has a reasonable opportunity to request access to it.

4.2 Subject to policy 4.1, we will retain clients’ personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

Policy 5 – Ensuring Accuracy of Personal Information

5.1 We will make reasonable efforts to ensure that clients’ personal information is accurate and complete where it may be used to make a decision about the client or disclosed to another organization.

5.2 clients may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing, and sufficient details must be provided to identify the personal information and the correction being sought.

5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the clients’ correction request in the file.

Policy 6 – Securing Personal Information

6.1 We are committed to ensuring the security of clients’ personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2 The following security measures will be followed to ensure that clients’ personal information is appropriately protected:

• Physical security over outside entry to office premises, computer passwords, server passwords and security, etc.
• Appropriate layers of security over data kept on servers as well as commercially reasonable
• Security protocols over server file access

6.3 We will use appropriate security measures when destroying clients; personal information, such as shredding documents and deleting electronically stored information.

6.4 We will continually review and update our security policies and controls as technology evolves to ensure ongoing personal information security.

Policy 7 – Providing Clients’ Access to Personal Information

7.1 Clients have a right to access their personal information, subject to limited exceptions such as solicitor-client privilege.

7.2 A request to access personal information must be made in writing, and sufficient details must be provided to identify the personal information being sought.

7.3 Upon request, we will also tell clients how we use their personal information and to whom it has been disclosed if applicable.

7.4 We will make the requested information available within 30 business days or provide written notice of an extension where additional time is required to fulfill the request.

7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client or client’s owner of the cost and request further direction from the client or owner on whether or not we should proceed with the request.

7.6 If a request is refused in full or in part, we will notify the individual in writing, providing the reasons for refusal and the recourse available to the client.

Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual

8.1 The Privacy Officer or designated individual is responsible for ensuring Capitally Finance Corp.’s compliance with this policy and PIPEDA.

8.2 clients should direct any complaints, concerns or questions regarding Capitally Finance Corp.’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the clients may also write to the Information and Privacy Commissioner of British Columbia or other applicable offices in other provinces.

Privacy Officer

Pia Banister, Office Manager
102, 2680 Matheson Blvd. East
Mississauga, ON L4W 0A5

Version: March 1, 2024