FCT is Canada's leading provider of title insurance and other related products and services. As such, FCT values its relationship with its customers and employees, and is committed to the protection of their personal information. Accordingly, FCT adheres to the privacy principles, and accompanying commentary, set out below (the "Privacy Principles"). "Personal Information", as used in this Policy, means information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.
In 2006, FCT was awarded the Top Privacy Policies in Canada Award by Nymity Inc., Canada's leading privacy research firm. The Award is given to those companies that best provide clear, complete and readily available notice of their privacy policies and practices.
We are responsible for all Personal Information under our control.
Accountability for our compliance with the Privacy Principles rests with our Privacy Officer, Vice President - Legal, even though other individuals within our organization have responsibility for the day-to-day collection and processing of Personal Information and may be delegated to act on behalf of the Privacy Officer, Vice President - Legal.
We are responsible for Personal Information in our possession or custody. Where we disclose or transfer Personal Information to related corporations or third party service providers as set out in this Policy, we use contractual or other safeguards to provide a comparable level of protection.
We will identify the purposes for which we collect Personal Information at or before the time of collection.
The purposes will be limited to those which are related to our business and which a reasonable person would consider appropriate in the circumstances. We collect, use and disclose Personal Information concerning our customers and employees for the following reasons:
- to provide requested products or services;
- to accurately assess and determine which title insurance products and related services will meet the needs and specific requirements of each of our customers;
- to establish and collect premiums and other amounts owing in relation to our products and services ;
- to process applications submitted, particularly with respect to insurance risks being undertaken;
- to investigate and administer claims;
- to advise our customers of underwriting and claims initiatives to reduce the risks associated with the acquisition and financing of real property;
- to investigate, detect and prevent fraudulent title insured transactions;
- to reinsure as required;
- to develop, enhance, market or provide products and services;
- to manage and continually develop our businesses and operations, including personnel and employment matters; and
- to meet legal and regulatory requirements.
If we plan to use Personal Information we have collected for a purpose not previously identified, we will identify and document this purpose before such use.
We will make a reasonable effort to identify the purpose of collection to the individual from whom the Personal Information is collected. We will state the purpose in such a manner that an individual can reasonably understand how the information will be used or disclosed.
When you visit our Website, Personal Information is not collected that could identify you unless you choose to provide it voluntarily. We are not responsible for the privacy practices or the content of the websites to which it may link.
Personal Information will only be collected, used, or disclosed with the knowledge and consent of the individual, except where inappropriate.
The way in which we seek consent, including whether it is express or implied, may vary depending upon the sensitivity of the information and the reasonable expectations of the individual. An individual can withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We will inform individuals of any implications of withdrawing consent.
We will seek consent for the use or disclosure of information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (such as where we want to use information that has already been collected for a purpose not previously identified).
We will not, as a condition of the supply of services, require an individual to consent to the collection, use, or disclosure of Personal Information beyond that required to fulfill legitimate purposes.
In certain circumstances, as permitted or required by law, we may collect, use or disclose Personal Information without the knowledge or consent of the individual. These circumstances include, Personal Information which is subject to solicitor-client privilege or is publicly available as defined by regulation, where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way, to investigate a breach of an agreement or a contravention of a law, to act in response to an emergency that threatens the life, health or security of an individual, for debt collection, or to comply with a subpoena, warrant or court order.
We will limit the amount and type of Personal Information collected to that which is necessary for our identified purposes and we will only collect Personal Information by fair and lawful means.
Our collection of Personal Information shall be limited to that which is necessary for the purposes identified by us. We collect Personal Information by fair and lawful means.
Personal Information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal Information will be retained only as long as necessary to fulfill those purposes.
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 by law.
From time to time, we transfer Personal Information for processing to related corporations or third party service providers, which may be in another jurisdiction. We may also disclose and/or transfer Personal Information to third parties retained to assist in the administration and investigation of a claim reported to us. In these cases, we use contractual or other safeguards to ensure protection of Personal Information.
We shall retain Personal Information only as long as necessary for the fulfillment of those purposes.
Only our employees with a business need to know, or whose duties reasonably so require, are granted access to an individual's Personal Information.
Where Personal Information is no longer required to fulfill the purpose for which it was collected, it will be destroyed, erased, or made anonymous, provided there are no legal requirements for its continued retention. We maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction, which apply to collected Personal Information.
We will use our best efforts to ensure that Personal Information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
We will use our best efforts to ensure that Personal Information that is used on an ongoing basis, including information that is transferred to third parties for information processing, and information that is used to make a decision about an individual, is accurate, complete, and up-to-date.
We will protect Personal Information with safeguards appropriate to the sensitivity of the information.
Our safeguards will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. We will make our employees aware of the importance of maintaining the confidentiality of Personal Information, and we will exercise care in the disposal or destruction of Personal Information to prevent unauthorized parties from gaining access to the information.
Our methods of protection will include physical measures (for example, locked filing cabinets and restricted access to offices), organizational measures (for example, security clearances and limiting access on a "need-to-know" basis), and technological measures (for example, the use of passwords and encryption).
We will make information about our policies and procedures respecting Personal Information readily available to individuals.
The information we will make available will include how to gain access to Personal Information, the type of Personal Information held by us, including a general account of its use, general information concerning our policies respecting Personal Information, and how to contact our Privacy Officer, Vice President - Legal.
Upon written request, we will inform an individual of the existence, use and disclosure of his or her Personal Information and we will give the individual access to that Personal Information. An individual can challenge the accuracy and completeness of his or her Personal Information and have it amended as appropriate.
We will respond to an individual's written request within a reasonable time and at a reasonable or no cost. We will assist any individual who informs us that they need assistance in preparing a request. We may require an individual to provide sufficient information to permit us to provide an account of the existence, use and disclosure of Personal Information.
If an individual successfully demonstrates the inaccuracy or incompleteness of Personal Information, we will amend the information as required. If a challenge is not resolved to the satisfaction of the individual, we will record the substance of the unresolved challenge. Where appropriate the amended information or the existence of the unresolved challenge, as the case may be, will be transmitted to third parties having access to the information in question.
We may refuse a request or not be able to provide access to all the Personal Information we hold about an individual, as permitted or required by law. Where permitted, the reasons for denying access will be provided to the individual upon request. Exceptions may include: information that contains references to other individuals or contains confidential commercial information, where such information cannot be severed from the record; information collected in the course of investigating a breach of an agreement of in the course of a formal dispute resolution process; and information that is subject to solicitor-client privilege.
Any individual can address a challenge concerning our compliance with any of the Privacy Principles to our Privacy Officer, Vice President - Legal.
We will investigate all written complaints. If we find a complaint to be justified, we will take all appropriate measures, including, if necessary, amending our policies and practices. A customer or employee shall be informed of the outcome of the investigation regarding his or her complaint.
An individual is encouraged to use our internal information and resolution process to resolve a complaint. However, an individual may also seek advice from the Office of the Privacy Commissioner of Canada at 1.800.282.1376 or info@privcom.gc.ca and, if appropriate, file a written complaint with that office.
Our goal is to protect your privacy and Personal Information. If you have any questions, comments or concerns about our Privacy Policy or our procedures affecting your Personal Information, please contact our Privacy Officer, Vice President - Legal:
Vice President - Legal
FCT
2235 Sheridan Garden Drive
Oakville, Ontario
L6J 7Y5
Telephone: 1.800.307.0370
E-mail: privacy.inquiries@firstcdn.com
† In this Policy, the words "we", "us", "our" and "FCT" refer to FCT Insurance Company Ltd., the Canadian arm of First American Title Insurance Company , and First Canadian Title Company Limited and its subsidiary companies, as they may exist from time to time.
