The Independent Mortgage Brokers Association of Ontario operating as Canadian Mortgage Brokers Association – Ontario (“CMBA Ontario”) is committed to protecting the privacy of the personal information on its members, customers, volunteers, and others.
To provide members, customers, suppliers, contractors and supporters with various programs, services and activities, CMBA Ontario may gather and use personal information. Any such information will be carefully protected, and any use of the information is in accordance with consent.
WHAT IS PERSONAL INFORMATION?
Personal information is any information that can be used to distinguish, identify, or contact a specific individual. Exceptions: business contact information and certain publicly available information, such as names, addresses and contact details as published in publicly available directories or sources, are not considered personal information.
Where CMBA Ontario customers, members, employees, volunteers, or other stakeholders use their home contact information as business contact information, CMBA Ontario will consider such information to be business contact information and it will not be subject to the same protection as any personal information provided.
CMBA Ontario is responsible for personal information under its control. CMBA Ontario’s Chief Privacy Officer is its Executive Director.
To collect and/or use an individual’s personal information, consent is required. Consent can either be express or implied and be can provided directly by the individual or by someone authorized to provide such consent. CMBA Ontario will obtain your express consent to collect, use, and/or disclose personal information, except where we are authorized or required by law to do so without consent. For example, we may collect, use, and/or disclose personal information without your knowledge or consent where:
- the personal information is publicly available from a prescribed source, such as a telephone directory membership directory, etc.;
- CMBA Ontario is collecting or paying a debt;
- it is reasonable to expect that obtaining consent would compromise an investigation or proceeding; or
- CMBA Ontario has your implied consent;
- CMBA Ontario is required by law to provide you with information or notice and it is not possible for you to opt out of receipt of any such information or notice.
Implied consent is consent that can be reasonably be inferred from an individual’s action or inaction.
In certain circumstances personal information can be collected, used or disclosed without knowledge and consent if seeking the consent of the person might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law. CMBA Ontario may from time to time engage outside suppliers, including technology providers.
At any time, you may withdraw consent, with exceptions being where CMBA Ontario is legally bound to provide information or notice to you, or where contractual restrictions prevent such withdrawal. Take note that the withdrawal of consent in certain instances means that CMBA Ontario will not be able to provide you with certain membership services, privileges, programs, etc. If the withdrawal of consent is of such a character that membership is not possible or no longer possible, you will be notified of this.
COOKIES, WEB BEACONS, & SIMILAR TECHNOLOGIES
LIMITS FOR USING, DISCLOSING AND RETAINING PERSONAL INFORMATION
CMBA Ontario keeps personal information for only if necessary, for the fulfillment of the purpose for which it was collected, except with the consent of the person or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a person, CMBA Ontario will retain, for a period that is reasonably sufficient to allow for access by the person, either the actual information or the rationale for making the decision.
We 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.
We will take due care when destroying personal information to prevent unauthorized access to the information.
CMBA Ontario uses personal information to provide various goods and services to its members. Personal Information may be supplied to contractors, customers and others for these purposes. The nature and use of the information will vary from time-to-time as CMBA Ontario provides various goods and services to its membership.
CMBA Ontario makes reasonable efforts to ensure that personal information collected and used is accurate and complete. CMBA Ontario requires members to keep their membership information including personal information and business information up-to-date and accurate. CMBA Ontario is not responsible for inaccurate information that has been supplied to CMBA Ontario. If you feel that your information is inaccurate or not completed, contact CMBA Ontario and the information will be updated and/or corrected as may be needed. If appropriate, we will send the amended information to third parties to whom the information has been disclosed.
SAFEGUARDING PERSONAL INFORMATION
CMBA Ontario takes reasonable steps to protect 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. CMBA Ontario takes reasonable steps to ensure that a comparable level of personal information protection is implemented by its suppliers and agents who assist in providing products and services to you.
Please note that confidentiality and security are not assured when information is transmitted through e-mail or other electronic communication. We will not be responsible for any loss or damage as a result of a breach of security and/or confidentiality when you transmit information to us by e-mail or other electronic communication or when we transmit such information by such means at your request.
You can access your personal information. Provide to CMBA Ontario a written request along with sufficient proof of identity or authentication and CMBA Ontario will provide you with your personal information under our 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. It may take up to sixty days for CMBA Ontario to provide you with certain information. If additional time is required or if the information is not available to CMBA Ontario to provide to you, you will be notified.
In some situations, we may not be able to provide access to 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, disclosure of the information would reveal confidential commercial information that, if disclosed, could harm the competitive position of CMBA Ontario or where CMBA Ontario maintains solicitor client privilege. Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
This Policy may be changed by CMBA Ontario from time to time in CMBA Ontario’s sole discretion and without any prior notice or liability to you or any other person. The collection, use and disclosure of your personal information by CMBA Ontario will be governed by the version of this Policy in effect at that time. New versions of this Policy will be posted here.
PRIVACY & DATA PROTECTION OFFICER
Privacy & Data Protection Officer
7- 40 Winges Road
Woodbridge, Ontario, L4L 6B2