Taking care of what’s important to you
WE and our representatives collect Personal Information for the purposes of:
WE identify to our customers the rationale for collecting the personal information at or prior to its actual collection. Our consumers in turn must consent to its collection implicitly, or expressly. It’s our promise to ensure that the personal information collected on our customers is only used for the purpose for which it was originally intended.
Chief Operating Officer
A-WIN Insurance Ltd. & RV Direct Insurance Ltd.
Federal Legislation: Personal Information Protection and Electronic Documents Act
The Personal Information Protection and Electronic Documents Act (PIPEDA) sets standards and regulations governing the collection, use and disclosure of personal information by private sector organizations.
This law impacts the way private corporations, federal agencies, not-for-profit organizations and associations handle personal information. At the same time, it clearly establishes a code of practices to ensure that the personal information of Canadians is handled respectfully and privately.
PIPEDA is based on ten principles established by the Canadian Standards Association's Model Code for the Protection of Personal Information (CSA Model Code). These principles were recognized as a Canadian standard in 1996 and address the ways in which organizations should collect, use, and disclose personal information. They also address an individual's right to access his/her personal information and his/her right to have it amended where appropriate.
The federal law was implemented in three stages. The first stage, which came into effect on January 1, 2001, affected federally regulated organizations including Canadian banks and airlines, and organizations that collect, use, or disclose personal information for profit on an inter-provincial or international basis. On January 1, 2002, this law was extended to cover personal health information. On January 1, 2004, most organizations regardless of their size, which collect, use or disclose personal information in the course of commercial activity, became subject to the provisions of this Act.
The provinces of Alberta and British Columbia enacted their own privacy laws, the Personal Information Protection Act of British Columbia and the Personal Information Protection Act of Alberta, on January 1, 2004.
As other provinces enact similar legislation, organizations conducting commercial activity within a province will be subject to the provisions of their provincial laws rather than PIPEDA. However, PIPEDA will continue to regulate cross-border, inter-provincial and international trade and commerce.
“Personal Information” is defined as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. This is a very broad definition and may encompass most types of information held such as race, medical, criminal, employment and financial history. The legislation only applies to information collected, used or disclosed in the course of commercial dealings.
It also includes, for example, an individual's address, telephone number, date of birth, family status, marital status, occupation, , assets, liabilities, income, credit rating, credit and payment records, an individual's previous insurance experience, including claims history and policy number.
However, Personal Information does not include certain prescribed sources of public information such as:
WE are responsible for all Personal Information under our control, whether supplied to us directly by you or by a third party, or that WE have provided to a third party for processing.
WE shall inform individuals of the purposes for which Personal Information is collected at or before the time the information is collected.
WE shall collect your Personal Information from but not limited to you, government agencies, brokers, agents, insurers, other insurance reporting or data sharing agencies and credit bureaus to:
If WE require your Personal Information for any purpose other than as identified above, WE will seek your consent prior to using it.
WE require the knowledge and consent of the individuals for the collection, use, or disclosure of their Personal Information, except in certain circumstances where consent is not required.
WE issue an insurance policy with the understanding that, in addition to providing your consent, you have obtained the consent from all persons named in your insurance policy for the collection, use and disclosure of their Personal Information, for the purposes outlined above.
You can provide consent to the collection, use and disclosure of your Personal Information expressly or implicitly.
Express consent can be given orally or in writing. It is given by agreement or action on the part of the customer, to acquire or accept a product or service. For example, express oral consent can be given over the telephone, or express written consent can be given by signing an application form or an agreement which may relate to Personal Information. Express consent by an action can be given by clicking an accept button on a computer screen. If oral express consent is given, WE will document and/or record the conversation, specifically the name, date, and details of the conversation in either hard or soft copy within the appropriate policy or claim file documentation in order that it may be easily located and accessed should this be necessary.
Implied consent can be inferred from the relationship between the parties or from the nature of the dealings between the parties. For example, when you give Personal Information to a broker or agent for the purpose of obtaining insurance, it is reasonable to infer that there is implied consent to the disclosure of that information to the insurer to meet your insurance needs.
When your Personal Information is highly sensitive, for example financial records such as income tax returns, WE obtain your express written consent in writing before using it.
In addition when you make changes to your policy or when your policy automatically renews, you are agreeing that any consent you have previously provided to us relative to your policy remains in effect unless the consent is otherwise withdrawn.
Who Can Give Consent
Consent may be given by the individual or by an authorized representative (such as a person having power of attorney, or a legal guardian). WE will verify authorization by requesting identification, the reason for representation, and if applicable, the approval of representation by the applicable individual.
When consent is not required:
Withdrawing your consent:
Subject to certain legal and contractual restrictions and reasonable notice, you may refuse or withdraw consent to the collection, use or disclosure of Personal Information at any time by notifying our Privacy Officer in writing. In addition, you may also opt out of certain communications WE may send you regarding other products and services. However, you should be aware that withdrawing your consent may affect our ability to respond to your insurance needs.
WE shall only collect Personal Information that is necessary for the Identified purposes mentioned above and such information shall be collected by fair and lawful means.
WE only collect information that WE require to do business with you. WE will collect it openly, fairly and lawfully.
WE shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. WE shall only retain Personal Information as long as necessary for the fulfillment of such purposes.
There are situations specific to the Property and Casualty insurance business where WE will use, disclose and retain Personal Information as dictated by prudent insurance practices. Examples of these situations include:
WE do not use or disclose your Personal Information for purposes not identified in Principle 2 unless WE have your consent or it is required by law. WE will keep your information only for as long as it is needed.
Disclosure within our member companies
WE may internally share your personal information for the purposes identified in this policy with our Canadian affiliates or other related companies outside of Canada. Only such companies with legitimate business reasons will have access to your Personal Information and must ensure that Personal Information in their possession is securely held.
Disclosure to Third Parties
WE may disclose your Personal Information to: third parties, which include brokers, agents, private investigators, and adjusters. Third Parties are also subject to PIPEDA and other applicable privacy legislation. Only those companies or individuals, who are authorized, based on their need to carry out work for the purposes identified in Principle 2, can have Personal Information disclosed to them.
Furthermore, should WE become involved in any business transaction including purchase or sale, merger or amalgamation or a financing arrangement, pertaining to any of its business assets, your Personal Information may need to be shared with applicable third parties to complete such a transaction.
Disclosure Outside of Canada
WE may use service providers located outside of Canada or related companies located outside of Canada to collect, use, disclose or store your Personal Information. Only those companies or individuals, who are authorized, based on their need to carry out work for the purposes identified in Principle 2, can perform such functions.
Where your Personal Information is collected, used, disclosed or stored outside of Canada, WE will attempt to contractually protect it, however, it may be subject to the laws of that jurisdiction and may be accessed by the courts, law enforcement and national security services of that jurisdiction.
The jurisdictions where Personal Information may be collected, used, disclosed and stored include the United Kingdom and the United States of America. To obtain further information on our policies and practices with respect to service providers outside of Canada you may contact our Privacy Officer.
The retention periods for Personal Information are consistent with the company Retention Policy, which in turn meets the provincial and federal legislation requirements.
Your Personal Information will only be retained for as long as necessary for us to serve you or as long as may be required for legal purposes. As soon as any of the Personal Information reaches its maximum retention period, it is either destroyed, made anonymous, or archived from operating systems to a secured, limited access site.
Personal Information that still serves an identified purpose may be retained indefinitely provided that it is archived outside of the regular operating environment with more restrictive accessibility.
WE shall ensure that Personal Information is as accurate, complete, and up-to-date as is deemed necessary for the purposes for which it is to be used.
WE will make sure to keep your Personal Information sufficiently accurate, complete, and up-to-date, to minimize the possibility that inappropriate information may be used to make a decision about you.
If WE have any doubt about your Personal Information being accurate, complete and/or up-to-date, given that there is a business need, you may be contacted to verify the information currently available, and amendments shall be made where necessary.
If it is not possible to verify your Personal Information, or WE are unable to contact you, no action, other than logging these limitations in your file are taken.
WE shall protect Personal Information by establishing and operating security safeguards appropriate to the sensitivity of the information, which is held, and to prevent any unauthorized activity relative to the information.
Responsibility for safeguarding:
WE are responsible for safeguarding your Personal Information from loss, theft, unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is stored.
The nature of the safeguards will vary depending on sensitivity, amount, distribution, format and method of storage of the Personal Information. In general, the following are observed:
Our employees are required to be diligent about safeguarding Personal Information. WE take particular care with sensitive Personal Information such as:
Information Received from Third Parties
Our employees adhere to the same diligence for Personal Information received from third parties and adhere to any higher standard of third parties if so contracted.
Destruction of Information
All Personal Information that is no longer required for its original purpose and has been retained for the minimum required term shall be destroyed, erased, made anonymous, or archived to the secure limited access site.
WE shall make available to individuals upon receipt of a written request, specific information about its policies and practices relating to the management of Personal Information and its complaints handling process.
Upon request, WE will provide an explanation of our Policy with respect to the management of Personal Information. You can contact our Privacy Officer with any inquiries or complaints or if you require further information.
WE shall, upon the receipt of a written request from individuals, inform them of the existence, use, and disclosure of any Personal Information about them, and they shall be given access to such information except as may be limited by law. WE shall amend Personal Information as deemed appropriate to ensure continued accuracy.
Requests for disclosure must be made in writing, by fax, email, or letter. WE respond to all requests within 30 days.
It is important to verify that the individual requesting information is in fact the person in question. For this reason WE demand that all inquiries be in writing and that our responses, also in writing are sent to the address WE have on file. Any alternative handling will require mandatory validation of the requestor’s identity and address information.
WE will assist any individual who needs help in preparing the request.
Any responses shall be provided in an understandable manner with adequate explanation of abbreviations or codes. Upon request, WE will provide access to Personal Information in an alternative format for individuals with sensory disabilities, if conversion to an alternate format is reasonable and necessary.
Timeframe for Responding to the Request
Refusal of Request for Disclosure
If a request for disclosure is denied, WE will provide an explanation. The individual will be informed that he/she can challenge the denial of the request through our Privacy Officer via the Complaints Handling Process [see Principle Ten: Challenging Compliance] or the Federal or Provincial Commissioner.
Examples of acceptable reasons for non-disclosure include:
If you successfully demonstrate the inaccuracy or incompleteness of Personal Information, WE will amend the information, as required (correction, deletion, addition). Where appropriate, the amended information shall be transmitted to applicable third parties having access to the information in question.
Maintenance of Records
All amendments resulting from this process are formally recorded with an explanation given, if necessary.
When a challenge is not resolved to the satisfaction of the individual, WE shall record the substance of the unresolved challenge. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
Personal Information that is the subject of a request or has been used to make a decision about an individual shall be retained as long as is necessary to allow the individual to exhaust any recourse that they may have under the applicable privacy legislation.
Cost of the Disclosure
WE may charge you for providing access to your information but only after first advising you of the approximate cost.
TEN: Challenging Compliance
WE shall provide a means for individuals to challenge compliance with the above with our Privacy Officer.
Recognizing and Recording a Complaint or Inquiry
For an inquiry/complaint on privacy that is received via telephone: the Privacy Officer’s address information is provided along with advice to the individual to put his/her inquiry/complaint in writing to our Privacy Officer.
The Privacy Officer or designate receives all inquiries and complaints, coordinates responses, ensures responses meet Privacy requirements, and ensures that responses are timely.
All complaints received are investigated. If WE find a complaint is justified, WE attempt to resolve it. If necessary, WE modify our policies and procedures to ensure that other individuals will not experience the same concerns.
The investigation will involve a review of the facts in order to understand your complaint by:
Acknowledging and Responding
If the inquiry/complaint cannot be resolved immediately, WE will advise you that your inquiry/complaint is being reviewed and when you can expect an answer. If you have any concerns about our policy or treatment of your Personal Information and WE have not been able to resolve it, you will be advised to contact the office of the Privacy Commissioner of Canada, or if applicable, the provincial privacy commissioner. Our Privacy Officer will provide this contact information on request.
The Privacy Officer or designate will, if warranted and appropriate, contact you to verify whether or not the matter has been resolved satisfactorily.
If the solution means that WE need to alter its practices and procedures then the Privacy Officer or designate is responsible for ensuring such changes are made.
Monitoring of Complaint Handling Procedures
On a periodic basis, the Privacy Officer or designate will review the complaints process to ensure a fair, appropriate, and prompt process is in place.
Updates to our Policy
Federal Privacy Commissioner
The Federal Privacy Commissioner's powers include:
The Act provides for fines of up to $100,000 for interfering with the Commissioner's investigation or audit, destruction of records before a case is concluded, or where a company dismisses or disciplines an employee who whistle-blows.
How to Contact Our Privacy Officer
In writing: Privacy Officer
#100, 10325 Bonaventure Dr SE
Calgary AB T2J 7E4
By Phone: 1-800-387-4518 x54171 or 416-701-4171
By Email: PrivacyOfficer@awinins.ca