Privacy Policy

Learn what information we collect, how we use it, and how we protect it.

Privacy Policy

S. W. Hopkins & Associates Inc., (“Hopkins“) recognizes the importance of privacy and the sensitivity of personal information. This Privacy Policy describes how we manage and safeguard personal information and help to protect the privacy of individuals whose personal information we collect, use and disclose.

Personal Information

'Personal Information' is any information that identifies you, or by which your identity could be deduced. It does not include your business address, business title, professional designation or business telephone number. However, it does include information such as your name and residential address, your financial and credit history, age, gender and e-mail addresses that include personal names.

Purposes for Collecting Personal Information

We collect the Personal Information of individuals in connection with bankruptcy proceedings under the Bankruptcy and Insolvency Act ('BIA'), to provide financial counselling and other insolvency services to those individuals.

We also collect Personal Information from debtors to provide services to the debtors and to facilitate communications between Hopkins, the debtors, the debtor’s creditors, the Office of the Superintendent of Bankruptcy (“OSB“) and the Canada Revenue Agency (“CRA“) in connection with bankruptcy proceedings under the BIA.

Methods of Collecting Personal Information

We collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, we collect Personal Information directly from the individual identified by the Personal Information. However, in some circumstances we may collect Personal Information about individuals and their BIA proceedings from their creditors, or the CRA. This Personal Information may be collected through application forms, documents exchanged by e-mail or by fax, or during telephone calls or personal meetings. We may also collect Personal Information from public documents, including public BIA records.

Consent

Our standard form documents that are provided to individuals in BIA proceedings provide for their consent to the collection, use and disclosure of their Personal Information for purposes that relate to the provision of counselling services and other insolvency services in Hopkins’ role pursuant to the BIA. In particular, a Disclosure Statement specifies that Personal Information filed by the person's bankruptcy trustee or by the person’s administrator of consumer proposal will become public and accessible to any party conducting a search of BIA records.

When Personal Information is collected through application forms, documents exchanged by e-mail or by fax, or during telephone calls or personal meetings, we will obtain consent at the time of collection.

In some circumstances, the consent of the individual may be implied through his or her conduct, e.g. by providing updated Personal Information to Hopkins, or to a creditor.

Use of Personal Information

We use the Personal Information we collect to provide services to individuals, their creditors, and generally to facilitate the effectiveness and efficiency of BIA proceedings. In most cases, we use a third party, Promeric Technologies Inc. (“Promeric“), as our agent to assemble and transmit the required forms to the OSB and to the individual’s creditors. As an example, we use Promeric’s computer software to reformat and reorganize information and to prepare reports and notices.

Disclosure of Personal Information

In connection with the services that we provide in connection with BIA proceedings, to individuals, and to creditors, we will disclose Personal Information as specified in the consents we have obtained and as described herein. Personal Information may be disclosed, without consent, where that Personal Information is already publicly available, e.g. in public records relating to BIA proceedings. Personal Information may also be disclosed to a third-party service provider, e.g. where it is engaged to provide administrative services to us and such third party is bound by this Privacy Policy. Finally, we will disclose Personal Information as required by law, e.g. in response to a subpoena issued by a court.

Security of Personal Information

Like other organizations, we depend on communications and computer information systems that can never be completely free of viruses or guaranteed to be secure from unauthorized access. However we take all reasonable precautions to ensure that the Personal Information we collect and use is kept safe from loss and unauthorized access, modification or disclosure. Included among the steps we take to protect Personal Information are that we restrict access to all Personal Information in our files and databases to staff and agents whose work requires access to that Personal Information; our computer systems require the use of passwords; and we utilize technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access.

Retention and Destruction of the Personal Information

Hopkins retains the Personal Information we collect for as long as we determine is necessary for the purposes described in this Privacy Policy. We will destroy the Personal Information when it is no longer necessary to retain and use it as described herein.

Updating Personal Information

Updated Personal Information may be provided by the individual, or by creditors through mailed, e-mailed, or faxed correspondence, during phone calls or meetings, or through public records relating to BIA proceedings.

Access to Personal Information

Individuals have the right to ask us for access to the Personal Information we hold about them. In cases where records are detailed and extensive, we may provide summary information. More detailed requests which involve archival or other retrieval costs may be subject to normal professional and copying fees.

The right of an individual to access his/her Personal Information is not absolute. We may deny access to Personal Information when: denial of access is required or authorized by law; granting access would have an unreasonable impact on the privacy of others; or if Hopkins determines that the request is frivolous or vexatious. In circumstances where a request for access to Personal Information is denied, we will provide an explanation.

Correcting Errors

If the Personal Information we hold about an individual is not accurate, complete and up-to-date, we will take reasonable steps to correct it.

Changes to this Privacy Policy

This Privacy Policy is subject to change from time to time, to comply with changes in the law, and to reflect changes to Hopkins’ services and procedures. A current version of this Privacy Policy is posted on our Internet web site at www.hopkinstrustee.com.

Contact

If you have any questions about this Privacy Policy or if you wish to obtain a summary of the Personal Information we hold about you, in order to review and update it, please contact our Privacy Officer at:

The Privacy Officer, S. W. Hopkins & Associates Inc., 10 Southhaven Close, Dartmouth, NS B2W 6P8 Canada

Telephone: (902) 401-6222 Toll-Free: (855) 794-8787 Fax: (902) 404-5872 E-Mail: privacy@hopkinstrustee.com

Update: October, 2012