Privacy policy.

Designer Capital is committed to maintaining the security, confidentiality and privacy of your personal information. This Privacy Policy documents our on-going commitment to you and has been developed in compliance with the British Columbia and Alberta Personal Information Protection Act.

SCOPE OF POLICY

This Policy applies to Designer Capital about individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities. However, such information is protected by other Designer Capital policies and practices and through contractual arrangements. This Policy does not impose any limits on the collection, use or disclosure of the following information by Designer Capital:

  • your business contact information;

  • publicly available information recognized under PIPA.

DEFINITIONS

In this Policy:

"collection" means the act of gathering, acquiring, or obtaining personal information from any source, including third parties, by any means.

"consent" means voluntary agreement to the collection, use and disclosure of personal

information for specified purposes. Consent may be express or implied. Express consent can be given orally or in writing, it is unequivocal and does not require any inference on the part of Designer Capital. Implied consent exists when Designer Capital can reasonably infer consent based upon your action or inaction.

"disclosure" means making personal information available to a third party.

"personal information" means information about an identifiable individual but does not include business contact information of an individual. Personal information does not include information that is about corporate or commercial entities. It also does not include information that cannot be associated with a specific individual.

"PIPA" means the British Columbia Personal Information Protection Act S.B.C. 2003, c.63.

"third party" means an individual or organization other than Designer Capital and you.

"Privacy Officer" means an individual designated by Designer Capital who is accountable for Designer Capital compliance with this Policy and who can be contacted as set out at the end of this Policy.

"use" means the treatment and handling of personal information by and within Designer Capital.

1. ACCOUNTABILITY

Designer Capital is accountable and responsible for personal information under its control. Designer Capital has designated a Privacy Officer who is accountable for Designer Capital compliance with this Policy. Accountability for Designer Capital compliance rests with the Designer Capital Management who may delegate the day-to-day accountability to the Privacy Officer. Other individuals within Designer Capital may be accountable for the day-to-day collection and processing of personal information or to act on behalf of the Privacy Officer. Designer Capital will adopt procedures to protect personal information, receive and respond to complaints and inquiries, train staff regarding policies and procedures and communicate policies and procedures to you.

2. PURPOSES

When collecting information, Designer Capital will state the purpose of collection and will provide, on request, contact information for the Privacy Officer who can answer questions about the collection. Designer Capital collects your personal information for the following reasons:

  • to provide and administer products and services requested and to use/disclose the

  • information for any purpose related to the provision of requested products and services;

  • to determine your financial situation including obtaining credit reports

  • to provide information to third party suppliers of products and services, such as data service providers, etc.;

  • to provide the information to credit bureaus and other financial institutions to update credit information;

  • to protect Designer Capital, yourself and others from fraud and error and to safeguard the financial interests of Designer Capital;

  • to authenticate your identity;

  • to provide information to anyone working with or for Designer Capital as needed for the provision of requested products and services;

  • to collect debts owed to Designer Capital;

  • to manage or transfer assets or liabilities of Designer Capital, such as in the case of acquisitions and mergers; and

  • to comply with legal and regulatory requirements;

The above collections, uses and disclosures are a necessary part of your relationship with Designer Capital.

Other uses:

Designer Capital may use your personal information to offer their additional or alternative services to you and may add it to client lists which they prepare and use for this purpose;

You may instruct Designer Capital to refrain from using or sharing information in the two ways described above at any time by providing written notification to the Designer Capital Privacy Officer. Designer Capital acknowledges that the sharing of information in the two ways described above is at your option and you will not be refused services merely because you advised Designer Capital to stop using or sharing information in these ways. When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use and consent for same shall be obtained from you unless the use is authorized or required by PIPA or other law.

3. CONSENT

Designer Capital will obtain your consent to collect, use or disclose personal information except where Designer Capital Corp is authorized or required by PIPA or other law to do so without consent. For example, Designer Capital Corp may collect, use or disclose personal information without your knowledge or consent where:

  • Designer Capital is collecting or paying a debt; or

  • Designer Capital is obtaining legal advice; or

  • Designer Capital reasonably expects that obtaining consent would compromise an investigation or proceeding; or

  • Designer Capital is obtaining information under circumstances where a person is seriously ill or mentally incapacitated.

Your consent can be express, implied or given through an authorized representative such as a lawyer, agent or broker. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify Designer Capital that you do not wish your personal information collected/used/disclosed for optional purposes following reasonable notice of same), action, or otherwise. For example, oral consent could be expressed over the telephone when information is being collected; electronically when submitting an agreement, application or other information; or in writing when signing an agreement or application form. You may withdraw consent at any time, subject to legal or contractual restrictions, provided that reasonable notice of withdrawal of consent is given to Designer Capital. On receipt of notice of withdrawal of consent, Designer Capital will inform you of the likely consequences of the withdrawal of consent, which may include the inability of Designer Capital to provide certain products or services for which that information is necessary.

4. LIMITS ON COLLECTION OF PERSONAL INFORMATION

Designer Capital will limit collection of information to that which is reasonable and necessary to provide a product or service and which is reasonable and necessary for the purposes consented to by you. Designer Capital will also collect information as authorized by PIPA or other law.

5. LIMITS FOR USING, DISCLOSING AND RETAINING PERSONAL INFORMATION

Your personal information will only be used or disclosed for the purposes set out above and as authorized by PIPA and other law. Designer Capital will keep personal information used to make a decision affecting an individual for at least one year after using it to make the decision. Designer Capital will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. Designer Capital will take due care when destroying personal information so as to prevent unauthorized access to the information.

6. ACCURACY

Designer Capital will make a reasonable effort to ensure that personal information it is using or disclosing is accurate and complete. In some cases, Designer Capital relies on you to ensure that certain information, such as your address or telephone number, is current, complete and accurate. If you demonstrate the inaccuracy or incompleteness of personal information, Designer Capital will amend the information as required. If appropriate, Designer Capital will send the amended information to third parties to whom the information has been disclosed. When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, Designer Capital will annotate the personal information under its control with a note that the correction was requested but not made.

7. SAFEGUARDING PERSONAL INFORMATION

Designer Capital protects the personal information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Designer Capital will take reasonable steps, through contractual or other reasonable means, to ensure that a comparable level of personal information protection is implemented by the suppliers and agents who assist in providing services to you. Some specific safeguards include:

  • physical measures such as locked filing cabinets;

  • organizational measures such as restricting employee access to files and databases as appropriate;

  • electronic measures such as passwords and firewalls;

  • regular reviews of processes in place to safeguard personal information; and

  • investigative measures where Designer Capital has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.

Confidentiality and security are not assured when information is transmitted through e-mail or other wireless communication. Designer Capital will not be responsible for any loss or damage suffered as a result of a breach of security and/or confidentiality when you transmit information to Designer Capital by e-mail or other wireless communication or when Designer Capital transmits such information by such means at your request.

8. OPENNESS

Designer Capital is open about the policies and procedures it uses to protect your personal information. Information about these policies and procedures will be made available in writing and electronically. However, to ensure the integrity of our security procedures and business methods, Designer Capital will not disclose sensitive information about its policies and procedures. Designer Capital will make available a description of the type of personal information held by Designer Capital, and a general description of its use and disclosure.

9. PROVIDING ACCESS

You have a right to access your personal information held by Designer Capital. Your information, such as copies of statements, transaction slips and account agreements will be provided upon request and authentication of identity. Upon written request and authentication of identity, Designer Capital will provide you with your other personal information under its control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. Designer Capital may charge a reasonable fee for providing information in response to a PIPA access request and will provide an estimate of any such fee upon receiving an access to information request. Designer Capital may require a deposit for all or part of the fee. Designer Capital will make the information available within 30 days or provide written notice where additional time is required to fulfil the request. In some situations, Designer Capital may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purposes of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed, could harm the competitive position of Designer Capital. Designer Capital may also be prevented by law from providing access to certain personal information. Where an access request is refused, Designer Capital will notify you in writing, document the reasons for refusal and outline further steps which are available to you.

10. COMPLIANCE

Designer Capital will, on request, provide information regarding its complaint procedures. Any inquiries, complaints or questions regarding this Policy should be directed in writing to the Designer Capital Privacy Officer. Designer Capital will give appropriate notice of any amendments to this Policy.