Dated for reference October 1, 2018
Andersen LLP and Andersen Inc., both doing business as Andersen (the “Companies”) understand the importance of privacy and recognizes the sensitivity of personal information received by us in the course of their practice. The Companies manage the collection, use and disclosure of personal information in accordance with the Personal Information Protection Act (Alberta); the Personal Information Protection Act (British Columbia), and the Act Respecting the Protection of Personal Information in the Private Sector (Quebec), as applicable (collectively the “Privacy Legislation”). “Personal Information” is defined in the applicable Privacy Legislation, but generally means all information about an identifiable individual.
The Companies acknowledge their professional obligation to maintain the confidentiality of client information and recognize their obligation concerning personal information that they collect, use or disclose in the performance of their services. This policy has been developed with those obligations in mind and outlines the practices that the Companies follow in protecting and managing personal information.
Our Need for Personal Information
The Companies only collect personal information that is necessary for operating their business. Specifically, to provide tax advice to clients, the Companies need to access to all relevant facts and information that relate to their retainer and to the representation of clients. This information necessarily includes personal information.
Collection, Use and Disclosure of Personal Information
Generally, the Companies collect personal information directly from the person to whom the information pertains. When necessary, however, the Companies may collect personal information from other sources. The Companies will only collect information from other sources with your consent, or as authorized by Privacy Legislation. By retaining the Companies for tax advice or representation, you consent to their collection, use or disclosure of your personal information to properly advise and represent you.
The Companies will ask for consent to collect, use or disclose personal information, except in circumstances where collection, use or disclosure of personal information without consent is authorized or required by Privacy Legislation. Where permitted by the Privacy Legislation applicable, the Companies may imply consent in cases where an individual volunteers information for an obvious purpose.
Individuals may withdraw their consent to the use and disclosure of personal information at any time, unless the personal information is necessary to fulfill the Companies’ legal obligations. The withdrawal of an individual’s consent to the use and disclosure of personal information may mean that the Companies will not be able to continue a commercial relationship or provide certain products and services if they do not have the necessary personal information.
The Companies will use and disclose personal information only for the purposes for which the information was collected, except as authorized by Privacy Legislation. If the Companies wish to use or disclose personal information for a new purpose, they will ask for consent unless consent is not required by Privacy Legislation.
The Companies may, from time to time, transfer personal information to other members of Anderson Global located outside of Canada, including the United States. Such members may receive, process and handle personal information for the purposes described in this Policy and will provide a level of protection for personal information that is comparable to that provided by the Companies.
Additionally, the Companies may disclose personal information to other third party service providers for the purposes of providing services or functions on behalf of the Companies. Personal information will not be disclosed to such third party service providers except as described in this Policy, with consent of the individual or as required or permitted by Privacy Legislation. The Companies will endeavour to ensure that their contracts with third party service providers limit the retention, use and disclosure of personal information by the third party service provider solely for the purpose of carrying out the contracted services and provide a level of protection for personal information that is comparable to that provided by the Companies.
The Companies will make reasonable efforts to ensure that all personal information they collect, use or disclose is accurate and complete.
Security of Personal Information
The Companies recognize their obligations to protect the personal information they have gathered about their clients and about other individuals in our practice.
The Companies protect personal information in a manner appropriate to the sensitivity of the information. The Companies will make every reasonable effort to prevent loss, misuse, disclosure, copying, modification, disposal or destruction of personal information or any unauthorized access to personal information. Access to personal information is limited to those tax professionals or employees who require such personal information to carry out their responsibilities. The Companies will retain personal information only for as long as is reasonable to fulfil the purposes for which the information was collected or for legal or business purposes and will employ appropriate measures to render personal information non-identifying or destroy personal information, including shredding paper records and permanently deleting electronic records, once the information is no longer necessary.
Requests for Access to Personal Information
Individuals may access their own personal information in the Companies’ custody or control, subject to certain exceptions. Individuals may make a request for access to their personal information under the Companies’ custody or control or for information about the use of their personal information and any disclosure of such personal information to other individuals and organizations by writing to the Companies’ Privacy Officers: Nicole Elzinga, Business Development Manager for Andersen LLP or Patrick Coutu for Andersen Inc. Sufficient information must be provided in the access request to allow the Companies to identify the information the individual is seeking.
The Companies will respond to requests within the time limits specified by Privacy Legislation and will make a reasonable effort to assist applicants. All requests may be subject to fees and disbursements as permitted by Privacy Legislation.
An individual’s ability to access his or her personal information under the Companies’ control is subject to certain exceptions. For example, Privacy Legislation prohibits access to information that may contain personal information about another individual or confidential business information. Access may also be refused if the information is subject to solicitor-client privilege. If refusing a request in whole or in part, the Companies will provide the reasons for the refusal. In some cases where exceptions to access apply, the Companies may withhold that information and provide the remainder of the information.
Requests for Correction of Personal Information
Individuals may also request, in writing, that the Companies correct errors or omissions in their personal information that is in the Companies’ custody or control. Upon receipt of such request the Companies may:
- correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom the incorrect information was disclosed; or
- decide not to correct the personal information, but note that a correction was requested but not made.
Contacting or Communicating with Us
If you have any questions with respect to the Companies’ policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under the Companies’ care and control please contact:
|For Andersen:By phone: 604.448.0200By regular mail to:|
1230 – 1177 West Hastings Street
Vancouver, BC Canada V6K 2K3
Attention: Nicole Elzinga
|For Andersen Inc.:By phone: 514.419.8919By regular mail to:|
2000 Peel, suite 620
Montreal, QC Canada H3A 2W5
Attention: Patrick Coutu
If you are dissatisfied with the Companies’ handling of your personal information, please to contact the Privacy Officer in writing, setting out the reasons for your concern. If, after the Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the applicable privacy commissioner.