The Pomponio & Company Privacy Code

Table of Contents

Introduction

Summary of Principles

Scope and Application

Definitions

The Pomponio & Company Privacy Code in Detail

Principle 1 – Accountability

Principle 2 – Identifying Purposes for Collection of Personal Information

Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information

Principle 4 – Limiting Collection of Personal Information

Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information

Principle 6 – Accuracy of Personal Information

Principle 7 – Security Safeguards

Principle 8 – Openness Concerning Policies and Procedures

Principle 9 – Client and Employee Access to Personal Information

Principle 10 – Challenging Compliance

Additional Information

Introduction

At Pomponio & Company, respecting privacy is an important part of our commitment to our clients and employees. That is why we have developed The Pomponio & Company Privacy Code. The Pomponio & Company Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by Pomponio & Company to its clients and employees. The objective of The Pomponio & Company Privacy Code is to promote responsible and transparent personal information management practices in a manner consistent with the provisions of the Personal Information Protection Act (British Columbia), and the Personal Information Protection and Electronic Documents Act (Canada).

Pomponio & Company will continue to review the Pomponio & Company Privacy Code to make sure that it is relevant and remains current with changing industry standards, technologies and laws.

Summary of Principles

Principle 1 – Accountability

Pomponio & Company is responsible for personal information under its control and shall designate one or more persons who are accountable for Pomponio & Company’s compliance with the following principles.

Principle 2 — Identifying Purposes for Collection of Personal Information

Pomponio & Company collects personal information about or individual clients for the purposes of providing professional advice and services to them. Usually the scope of advice and service is set out in detail in a formal engagement letter with the client

Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information

The knowledge and consent of a client or employee are required for the collection, use, or disclosure of personal information, except where inappropriate.

Principle 4 – Limiting Collection of Personal Information

Pomponio & Company shall limit the collection of personal information to that which is necessary for the purposes identified by Pomponio & Company. Pomponio & Company shall collect personal information by fair and lawful means.

Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information

Pomponio & Company 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.

Principle 6 – Accuracy of Personal Information

Personal information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.

Principle 7 – Security Safeguards

Pomponio & Company shall protect personal information by security safeguards appropriate to the sensitivity of the information.

Principle 8 – Openness Concerning Policies and Procedures

Pomponio & Company shall make readily available to clients and employees specific information about its policies and procedures relating to the management of personal information.

Principle 9 – Client and Employee Access to Personal Information

Pomponio & Company shall inform a client or employee of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information. A client or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Principle 10 – Challenging Compliance

A client or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Pomponio & Company’s compliance with the Pomponio & Company Privacy Code.

Scope and Application

The ten principles that form the basis of the Pomponio & Company Privacy Code are interrelated and Pomponio & Company shall adhere to the ten principles as a whole. Each principle must be read in conjunction with the accompanying commentary. As permitted by the Personal Information Protection Act (British Columbia), and the Personal Information Protection and Electronic Documents Act (Canada), the commentary in the Pomponio & Company Privacy Code has been drafted to reflect personal information issues specific to Pomponio & Company.

The scope and application of the Pomponio & Company Privacy Code are as follows:

– The Pomponio & Company Privacy Code applies to personal information collected, used, or disclosed by Pomponio & Company in the course of commercial activities.

– The Pomponio & Company Privacy Code applies to the management of personal information in any form, whether oral, electronic or written.

– The Pomponio & Company Privacy Code does not impose any limits on the collection, use or disclosure of the following information by Pomponio & Company:

(a) an employee’s name, title or business address or telephone number;

(b) information that Pomponio & Company collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose; or

(c) other information about the individual that is publicly available and is specified by regulation pursuant to the Personal Information Protection Act (British Columbia), and the Personal Information Protection and Electronic Documents Act (Canada).

– The Pomponio & Company Privacy Code will not typically apply to information regarding Pomponio & Company’s corporate clients. However, such information may be protected by other Pomponio & Company policies and practices and through contractual arrangements.

– The application of The Pomponio & Company Privacy Code is subject to the requirements and provisions of the Personal Information Protection Act (British Columbia), and the Personal Information Protection and Electronic Documents Act (Canada), the regulations enacted there under, and any other applicable legislation or regulation.

Definitions

collection: The act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

consent: Voluntary agreement for the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Pomponio & Company. Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.

client: An individual who purchases or otherwise acquires or uses any of Pomponio & Company’s products or services or otherwise provides personal information to Pomponio & Company in the course of Pomponio & Company’s commercial activities.

disclosure: Making personal information available to a third party.

employee: An employee of or independent contractor to Pomponio & Company.

personal information: Information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.

Pomponio & Company: Is the professional corporation Dion Pomponio, CGA, Ltd. operating as Pomponio & Company Chartered Professional Accountant.

third party: An individual or organization outside of Pomponio & Company.

use: The treatment, handling, and management of personal information by and within Pomponio & Company or by a third party with the knowledge and approval of Pomponio & Company.

The Pomponio & Company Privacy Code in Detail

Principle 1 – Accountability

Pomponio & Company is responsible for personal information under its control and shall designate one or more persons who are accountable for Pomponio & Company’s compliance with the following principles.

1.1 Responsibility for compliance with the provisions of The Pomponio & Company Privacy Code rests with the Pomponio & Company Privacy Officer who can be reached at 1-250-478-3230 or via email at info@pomponio.ca. Other individuals within Pomponio & Company may be delegated to act on behalf of the Pomponio & Company Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.

1.2 Pomponio & Company shall make known, upon request, the title of the person or persons designated to oversee Pomponio & Company’s compliance with the Pomponio & Company Privacy Code.

1.3 Pomponio & Company is responsible for personal information in its possession or control. Pomponio & 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.

1.4 Pomponio & Company shall implement policies and procedures to give effect to the Pomponio & Company Privacy Code, including:

(a) implementing procedures to protect personal information and to oversee Pomponio & Company’s compliance with the Pomponio & Company Privacy Code;

(b) implementing procedures to receive and respond to complaints or inquiries;

(c) training and communicating to staff about Pomponio & Company’s policies and procedures; and

(d) developing information materials to explain Pomponio & Company’s policies and procedures.

Principle 2 – Identifying Purposes for Collection of Personal Information

2.1. Pomponio & Company collects personal information only for the following purposes:

Pomponio & Company collects personal information about or individual clients for the purposes of providing professional advice and services to them. Usually the scope of advice and service is set out in detail in a formal engagement letter with the client.

As part of my client service these purposes include evaluating, monitoring and assessing the tax and accounting requirements of my clients, recommending changes to asset structures, recommending changes to liability provisions and risk management and strategy consultations for items such as tax disputes. I also collect information about individual shareholders, employees and directors of organization in the course of providing services to my clients. This information is collected as necessary to properly evaluate and plan the structure and activities of these organizations as mandated by my engagement with them. This information is not utilized to review or analyze the personal financial affairs of any of these individuals, unless that is the subject of a separate engagement. If an individual also is involved in organizations for which I am separately retained to provide services, I will use their personal information for the purpose of coordinating the collective financial affairs of the individual and these organizations, as well as verifying the accuracy and consistency of information relevant to both engagements. Further reference to “identified purposes” mean the purposes identified in this Principle

2.2. Pomponio & Company 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 Pomponio & Company who can explain the purposes.

2.3. 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.

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Pomponio & Company shall identify the purposes for which personal information is collected at or before the time the information is collected.

2.1 Pomponio & Company will collect, use or disclose personal information only to provide professional services to you. Each engagement letter includes an explanation of why we require information, what use will be made of it and with whom it may be shared in order to provide our professional services.

Your personal information may be disclosed internally and with other contracted professionals for the purpose of determining compliance with applicable professional standards, Pomponio & Company internal policies, or in the performance of quality reviews. Personal Information may also be shared internally in order to allow us to offer services or products that may be of interest to you.

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

2.2 Pomponio & Company 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 Pomponio & Company who can explain the purposes.

2.3 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.

Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information

The knowledge and consent of a client or employee are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual.

3.1 In obtaining consent, Pomponio & Company 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.

3.2 Generally, Pomponio & Company shall seek consent to use and disclose personal information at the same time it collects the information. However, Pomponio & Company 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.

3.3 Pomponio & Company 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.

3.4 In determining the appropriate form of consent, Pomponio & Company 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 Pomponio & Company to collect, use and disclose personal information for the identified purposes.

3.6 A client or employee may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. clients and employees may contact Pomponio & Company for more information regarding the implications of withdrawing consent.

3.7 Pomponio & Company 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.

3.8 Pomponio & Company 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.

3.9 Pomponio & Company 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.

3.10 Pomponio & Company may use or disclose personal information without knowledge or consent to a lawyer representing Pomponio & 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.

Principle 4 – Limiting Collection of Personal Information

Pomponio & Company shall limit the collection of personal information to that which is necessary for the purposes identified by Pomponio & Company. Pomponio & Company shall collect personal information by fair and lawful means.

4.1 Pomponio & Company collects personal information primarily from its clients or employees.

4.2 Pomponio & Company 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.

Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information

Pomponio & Company 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 or permitted by law. Pomponio & Company shall retain personal information only as long as necessary for the fulfillment of those purposes.

5.1 Pomponio & Company will obtain a client or employee’s consent prior to using their personal information for a purpose not previously identified to them.

However, we may use personal information without consent where for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual. We may also disclose personal information without consent:

· to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction or to comply with rules of conduct required by regulatory bodies

· to a government institution that has requested the information, identified its lawful authority, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security or the conduct of international affairs; or is for the purpose of administering any federal or provincial law.

· to an investigative body or government institution on our initiative when we believe the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or we suspect the information relates to national security or the conduct of international affairs

5.2 Only Pomponio & Company’s employees with a business need-to-know, or whose duties reasonably so require, are granted access to personal information about clients and employees.

5.3 Pomponio & Company 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, Pomponio & Company 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.

5.4 Pomponio & Company 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.

Principle 6 – Accuracy of Personal Information

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal information used by Pomponio & Company 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.

6.2 Pomponio & Company shall update personal information about clients and employees as necessary to fulfill the identified purposes or upon notification by the individual.

Principle 7 – Security Safeguards

Pomponio & Company shall protect personal information by security safeguards appropriate to the sensitivity of the information.

7.1 Pomponio & Company 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.

7.2 Pomponio & Company 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.

7.3 All of Pomponio & Company’s employees with access to personal information shall be required to respect the confidentiality of that information.

Principle 8 – Openness Concerning Policies and Procedures

Pomponio & Company shall make readily available to clients and employees specific information about its policies and procedures relating to the management of personal information.

8.1 Pomponio & Company shall make information about its policies and procedures easy to understand, including:

(a) the title and address of the person or persons accountable for Pomponio & Company’s compliance with The Pomponio & Company Privacy Code and to whom inquiries and/or complaints can be forwarded;

(b) the means of gaining access to personal information held by Pomponio & Company;

(c) a description of the type of personal information held by Pomponio & Company, including a general account of its use; and

(d) a description of what personal information is made available to related organizations (e.g., subsidiaries).

8.2 Pomponio & Company 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 Pomponio & Company.

Principle 9 – client and Employee Access to Personal Information

Upon request, Pomponio & Company shall inform a client or employee of the existence, use, and disclosure of his or her personal information and shall give the individual access to that information. A client or employee shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

9.1 Upon request, Pomponio & Company 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.

9.2 In certain situations, Pomponio & Company may not be able to provide access to all the personal information that it holds about a client or employee. For example, Pomponio & 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, Pomponio & Company 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.

9.3 Upon request, Pomponio & Company 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, Pomponio & Company 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.

9.4 In order to safeguard personal information, a client or employee may be required to provide sufficient identification information to permit Pomponio & Company 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.

9.5 Pomponio & Company 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, Pomponio & Company shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.

9.6 clients and employees can obtain information or seek access to their individual files by contacting the Pomponio & Company Privacy Officer.

Principle 10 – Challenging Compliance

A client or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Pomponio & Company’s compliance with The Pomponio & Company Privacy Code.

10.1 Pomponio & Company shall maintain procedures for addressing and responding to all inquiries or complaints from its clients and employees regarding Pomponio & Company’s handling of personal information.

10.2 Pomponio & Company shall inform its clients and employees about the existence of these procedures as well as the availability of complaint procedures.

10.3 The person or persons accountable for compliance with The Pomponio & Company Privacy Code may seek external advice where appropriate before providing a final response to individual complaints.

10.4 Pomponio & Company shall investigate all complaints concerning compliance with the Pomponio & Company Privacy Code. If a complaint is found to be justified, Pomponio & 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.

Additional Information

For more information regarding The Pomponio & Company Privacy Code, please contact the Pomponio & Company Privacy Officer at 1-250-478-3230 or via info@pomponio.ca.

Please visit the Privacy Commissioner of Canada’s web site at www.privcom.gc.ca.

© Copyright 2009 D. Pomponio & Company Ltd. All rights reserved.

Pomponio & Company, the professional corporation D. Pomponio and Company Ltd. 927A Goldstream Avenue, Victoria BC V9B 2Y2