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Privacy Statement

Last Revised: May 25, 2020

The Facility Association (“we,” “our,” or “us”) is committed to protecting your privacy and safeguarding
your personal information.

This Policy explains how we collect, use, and disclose personal information and your choices regarding
that information.

Our Privacy Officer is responsible for ensuring compliance with this Policy and privacy legislation.

Topics Covered in this Privacy Policy

1. Whose personal information do we collect, use, and disclose?
2. On what basis do we collect, use, and disclose your personal information?
3. What personal information do we collect, use, and disclose?
4. Why do we collect, use, and disclose your personal information?
5. From whom do we collect your personal information?
6. Who are the third parties involved in the collection, use, and disclosure of your personal
information?
7. How long do we retain your personal information?
8. Is your personal information transferred outside Canada?
9. What safeguards have we implemented to protect your personal Information?
10. How can you access your personal information that we have collected, used, or disclosed?
11. What if the personal information we have on you is inaccurate?
12. How do you withdraw your consent?
13. How do we handle your privacy requests?
14. How do you make a complaint or challenge our privacy compliance?
15. How do you contact our Privacy Officer?
16. Updates
1. Whose personal information do we collect, use, and disclose?
We may collect, use, and disclose personal information belonging to:
• Our policyholders and individuals who have claims against them
• Individuals in the four Atlantic provinces who have claims under the Uninsured Automobile
Funds we administer
• Individuals in the risk-sharing pools we administer and individuals who have claims against
them
• Insured drivers whose information is submitted to us under the Underwriting Information Plan
(“UIP”), which we provide and administer
2. On what basis do we collect, use, and disclose your personal information?
For personal information submitted to us under the UIP, we primarily rely on authority granted to us
under applicable provincial statutes and regulations to collect, use, and disclose such information.

1. What is Personal Information?

“Personal Information” is any information that is identifiable with you, as an individual. This information may include but is not limited to your:

  • Name and contact information;
  • Personal identification information, such as driver license number, address, age, gender, family and marital status;
  • Information about your vehicle and driving history, such as Vehicle Identification Number (VIN) and prior accidents/highway traffic violations;
  • Previous insurance and claims data history;
  • Financial and credit information, such as Social Insurance Number (SIN) and account payment details.

Personal Information does not include any information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, or work electronic address.

2. How do we collect your Personal Information?

We will collect your Personal Information by fair and lawful means. We may collect Personal Information from you directly and/or from third parties (such as from insurance companies, insurance adjusters, police services and individual witnesses) where you have provided your consent to do so or as otherwise required or permitted by law.

3. How do we use your Personal Information?

We identify the purposes for which we use your Personal Information at the time we collect such information from you and obtain your consent, in any case, prior to such use. We generally use your Personal Information for the following purposes (the “Purposes”):to determine eligibility for insurance;

  • to enable the identification, collection and transformation of data into information to assist the valid and appropriate risk assessment by members;
  • to administer the billing and payment process, and to conduct credit checks;
  • to settle insurance claims relating to motor vehicle accidents;
  • to conduct internal statistical analysis;
  • to receive, investigate and address complaints;
  • to administer our website;
  • to investigate legal matters;
  • for such purposes, as you may otherwise consent from time to time; and
  • as otherwise required or permitted by law.

4. To whom do we provide your Personal Information?

We generally identify to whom, and for what purposes, we disclose your Personal Information, at the time we collect such information from you and obtain your consent to such disclosure. We may transfer your Personal Information to third party service providers with whom we have a contract that includes appropriate privacy standards, where such third parties are assisting us with the Purposes.

5. When and how do we obtain your consent?

For insurance coverage matters, we generally rely on consent obtained by your broker and/or insurance company to communicate your personal information to the Facility Association in accordance with the laws of your province. In other cases, we may obtain your consent directly. The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the Personal Information and the reasonable expectations you might have in the circumstances.

6. What safeguards have we implemented to protect your Personal Information?

We have implemented physical, organizational, contractual and technological security measures in an effort to protect your Personal Information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that only employees who are granted access to your Personal Information are those with a business ‘need-to-know’ or whose duties reasonably require such information. We ensure that our service providers that process Personal Information on our behalf are generally contractually required to observe the intent of this Privacy Statement and our privacy practices.

7. How long will we utilize, disclose or retain your Personal Information?

We may keep a record of your Personal Information, correspondence or comments, in a file specific to you. We will utilize, disclose or retain your Personal Information for as long as necessary to fulfill the purposes for which that Personal Information was collected and as permitted or required by law.

8. How can you review your Personal Information that we have collected, utilized or disclosed?

If you make a written request to review any Personal Information about you that we have collected, utilized or disclosed, we will provide you with any such Personal Information to the extent required by law. We will attempt to make such Personal Information available to you in a form that is generally understandable.

9. How do you know that your Personal Information is accurate?

We will attempt to ensure that your Personal Information is kept as accurate, complete and up-to-date as possible. However, we will not routinely update your Personal Information, unless such a process is necessary. Facility Association will work with its Members and Servicing Carriers to ensure that Personal Information provided to the Facility Association is accurate and remains current.

10. What if the Personal Information we have on you is inaccurate?

At any time, you can challenge the accuracy or completeness of your Personal Information in our records. If you successfully demonstrate that your Personal Information in our records is inaccurate or incomplete, we will amend the Personal Information as required. Where appropriate, we will transmit the amended information to third parties having access to your Personal Information.

11. How fast will we respond to your written requests?

We will attempt to respond to each of your written requests not later than thirty (30) days after receipt of such requests. We will advise you in writing if we cannot meet your requests within this time limit. You have the right to make a complaint to the Privacy Commissioner of Canada or applicable provincial privacy commissioner in respect of this time limit.

12. Are there any costs to you for requesting information about your Personal Information or our privacy practices?

We will not charge any costs for you to access your Personal Information in our records without first providing you with an estimate of the approximate costs, if any.

13. How do we know that it is really you requesting your Personal Information?

We may request that you provide sufficient identification to permit access to the existence, use or disclosure of your Personal Information. Any such identifying information shall be used only for this purpose.

14. How do you contact us regarding access to your Personal Information or our privacy practices?

All comments, questions, concerns or complaints regarding your Personal Information or our privacy practices should be forwarded to our Privacy Officer as follows:


Address:
Attn: Privacy Officer
Facility Association
2235 Sheppard Avenue East, Atria II
Suite 600
Toronto, Ontario
M2J 5B5


By e-mail:
PrivacyOfficer@facilityassociation.com

Facility Association | Privacy