Privacy Code

Responsibility for compliance with the provisions of The Custom Software Solutions Inc. Privacy Code rests with the Custom Software Solutions Inc. Privacy Officer who can be reached at 1-888-291-3588 or via e-mail at privacy@cssionline.com. Other individuals within the Company may be delegated to act on behalf of the Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.

Custom Software Solutions Inc. shall make known, upon request, the title of the person or persons designated to oversee the Company’s compliance with The Privacy Code.

Custom Software Solutions Inc. is responsible for personal information in its possession or control. The Company shall use contractual or other means to provide a comparable level of protection while information is being processed or used by a third party.

1. implementing procedures to protect personal information and to the company’s compliance with The Privacy Code;
2. implementing procedures to receive and respond to complaints or inquiries;
3. training and communicating to staff about the Company’s policies and procedures; and
4. developing information materials to explain the company’s policies and procedures.

Custom Software Solutions Inc. collects personal information only for the following purposes:

• Protecting the Company against inaccuracy;
• Administering employee benefits plans;
• Client payment processing;
• Employee payroll direct deposits;
• Complying with federal, provincial and local laws, regulations and by-laws;
• Delivering services to clients and their customers where the personal information is collected, retained and disclosed for purposes including, without limitation, in support of transactions such as quoting, requesting, binding, or updating any policy of insurance or the processing of insurance claims.

Further reference to “identified purposes” mean the purposes identified in this Principle.

Custom Software Solutions Inc. shall specify orally, electronically or in writing the identified purposes to the client or employee at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within the Company who can explain the purposes.

When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is permitted or required by law, the consent of the client or employee will be acquired before the information will be used or disclosed for the new purpose.

In obtaining consent, Custom Software Solutions Inc. shall use reasonable efforts to ensure that a client or employee is advised of the identified purposes for which personal information will be used or disclosed. The identified purposes shall be stated in a manner that can be reasonably understood by the client or employee.

Generally, Custom Software Solutions Inc. shall seek consent to use and disclose personal information at the same time it collects the information. However, Custom Software Solutions Inc. may seek consent to use and/or disclose personal information after it has been collected, but before it is used and/or disclosed for a new purpose.

Custom Software Solutions Inc. may require clients to consent to the collection, use and/or disclosure of personal information as a condition of the supply of a product or service only if such collection, use and/or disclosure is required to fulfill the explicitly specified, and legitimate identified purposes.

In determining the appropriate form of consent, Custom Software Solutions Inc. shall take into account the sensitivity of the personal information and the reasonable expectations of its clients and employees.

3.5 The purchase or use of products and services by a client, or the acceptance of employment or benefits by an employee, may constitute implied consent for Custom Software Solutions Inc. to collect, use and disclose personal information for the identified purposes.

A client or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Clients and employees may contact Custom Software Solutions Inc. for more information regarding the implications of withdrawing consent.

Custom Software Solutions Inc. may collect or use personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.

Custom Software Solutions Inc. may collect, use or disclose personal information without knowledge or consent if seeking the consent of the individual might defeat the purpose of collecting, using or disclosing the information, such as in the investigation of a breach of an agreement or a contravention of a law.

Custom Software Solutions Inc. may collect, use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.

Custom Software Solutions Inc. may use or disclose personal information without knowledge or consent to a lawyer representing the Company, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

Custom Software Solutions Inc. collects personal information primarily from its clients or employees.

Custom Software Solutions Inc. may also collect personal information from other sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose the information.

Custom Software Solutions Inc. may disclose a client’s personal information to:

• Government departments and/or agencies as required by law;
• A person who is seeking the information in the capacity of agent or legal representative
• An organization retained to evaluate a client’s creditworthiness
• Taxation authorities
• Regulators and licensing bodies
• Law enforcement agencies when so compelled or when there are reasonable grounds indicating the client knowingly provided false information or is involved in unlawful activities
• Public authorities if it appears there is imminent danger to life or property that can be averted or mitigated by disclosure of information
• Identifying other products or services that may be of interest to the client

Custom Software Solutions Inc. may disclose personal information about its employees to:

• Government departments and/or agencies as required by law;
• Providers of employee benefits plans for the purposes of determining eligibility, enrollment, underwriting, investigating and paying claims, prevention and detection of fraud, compiling statistics, and establishing and maintaining communications with plan participants;
• Potential investors to permit the evaluation of the Company’s human capital as part of the overall investment due diligence process;
• Governmental or quasi-governmental organizations engaged in providing project funding to permit the determination of the Company’s eligibility;
• Insurers where the information is required to underwrite the related business risk;

Only Custom Software Solutions Inc.’s employees with a business need-to-know, or whose duties reasonably so require, are granted access to personal information about clients and employees.

Custom Software Solutions Inc. shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a client or employee, Custom Software Solutions Inc. shall retain, for a period of time that is reasonably sufficient to allow for access by the client or employee, either the actual information or the rationale for making the decision.

Custom Software Solutions Inc. shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.

Personal information used by Custom Software Solutions Inc. shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a client or employee.

Custom Software Solutions Inc. shall update personal information about clients and employees as necessary to fulfill the identified purposes or upon notification by the individual.

Custom Software Solutions Inc. shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.

Custom Software Solutions Inc. shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

All of Custom Software Solutions Inc.’s employees with access to personal information shall be required to respect the confidentiality of that information.

In the event of a data breach where it is reasonable to believe that the breach poses a real risk of significant harm to the affected individuals, Custom Software Solutions Inc. will carry out the following mandatory reporting as soon as feasible after determination that a breach has occurred:

1. Notification of affected individuals
2. Notification of the Office of the Privacy Commissioner
3. Notification of any other organization or government institution to reduce the risk of harm or to mitigate harm. For example, in the case of a breach where SIN information is accessed, the Canada Revenue Agency may be advised.

Custom Software Solutions Inc. will maintain records of all security breaches to verify compliance and to encourage better data security practices.

Custom Software Solutions Inc. shall make information about its policies and procedures easy to understand, including:

1. the title and address of the person or persons accountable for Custom Software Solutions Inc.’s compliance with The Custom Software Solutions Inc. Privacy Code and to whom inquiries and/or complaints can be forwarded;
2. the means of gaining access to personal information held by Custom Software Solutions Inc.;
3. a description of the type of personal information held by Custom Software Solutions Inc., including a general account of its use; and
4. a description of what personal information is made available to related organizations (e.g., subsidiaries).

Custom Software Solutions Inc. shall make available information to help clients and employees exercise control of the collection, use and/or disclosure of their personal information and, where applicable, privacy-enhancing services available from the Company.

Upon request, Custom Software Solutions Inc. shall afford clients and employees a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in understandable form within a reasonable time, and at minimal or no cost to the individual.

In certain situations, Custom Software Solutions Inc. may not be able to provide access to all the personal information that it holds about a client or employee. For example, the Company may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, Custom Software Solutions Inc. may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of the laws of Canada or a province.

Upon request, Custom Software Solutions Inc. shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Custom Software Solutions Inc. shall provide a list of third parties to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.

In order to safeguard personal information, a client or employee may be required to provide sufficient identification information to permit Custom Software Solutions Inc. to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.

Custom Software Solutions Inc. shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, the company shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.

Clients and employees can obtain information or seek access to their individual files by contacting the Custom Software Solutions Inc. Privacy Officer.

Custom Software Solutions Inc. shall maintain procedures for addressing and responding to all inquiries or complaints from its clients and employees regarding the Company’s handling of personal information.

Custom Software Solutions Inc. shall inform its clients and employees about the existence of these procedures as well as the availability of complaint procedures.

The person or persons accountable for compliance with The Custom Software Solutions Inc. Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.

Custom Software Solutions Inc. shall investigate all complaints concerning its compliance with The Privacy Code. If a complaint is found to be justified, the Company shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A client or employee shall be informed of the outcome of the investigation regarding his or her complaint.