Our Commitment to Privacy
Effective Date: September 2, 2015
From time to time, PNC Canada may amend or update this Policy and will make reasonable efforts to provide notice to you of any material changes or amendments to this Policy.
This Policy explains how PNC Canada collects, uses, discloses and protects the privacy of Personal Information in its possession or control regarding its customers or individuals associated with its customers. This Policy does not apply to information about PNC Canada’s current, former or prospective Officers, Employees and Agents.
This Policy, however, does apply to Personal Information supplied by the corporate customers as part of the customer on-boarding process, including individual identification information and verification data taken from directors and/or authorized signatories and/or the ultimate (beneficial) owners of the customer who are individuals, or individuals associated with such individuals. In some cases, information is collected that relates to other business interests of the ultimate individuals that own the customer. This policy applies to that information and also to information collected about individual owners of sole proprietorships and individual loan guarantors.
“Personal Information” is information about an identifiable individual. It includes any factual or subjective information, other than certain information excluded by law. Personal Information may include but is not limited to the individual’s name, mailing address, telephone number, email address, age, gender, marital status, health status, financial status, Social Insurance Number, credit card information and credit history. It includes information that the individual has provided to PNC Canada or that was collected by PNC Canada from other sources with their consent.
Personal Information, however, does not include information that is aggregated and not associated with a specific individual.
The following sets out the ten principles of privacy, to which PNC Canada is committed to adhering in order to protect the privacy and confidentiality of Personal Information.
PNC Canada, including its Officers, Employees and Agents are accountable for all Personal Information under their custody or control including any Personal Information disclosed to third parties for processing.
PNC Canada has appointed its Chief Compliance Officer as its Canadian Privacy Officer. Any questions about PNC Canada’s handling of Personal Information should be directed to the Canadian Privacy Officer at the address set forth in Section 10 of this Policy.
2. Identifying the Purposes for Collecting Personal Information
Personal Information is collected by PNC Canada when a customer, an individual associated with a customer, or a third party provides it to us. This Personal Information is used by PNC Canada to better serve its customers’ needs, to verify the identity of customers or individuals associated with customers (including checking identity against watch lists established by regulatory agencies and similar bodies in Canada and foreign countries), to evaluate creditworthiness, meet insurance, security and processing requirements, to protect against fraud, to detect and deter money laundering and terrorist financing offences, including to assess the risk of such offences, to provide customers with requested products and services, to conduct internal risk assessments, and to comply with applicable laws and regulations such as mandated transaction surveillance, and reporting to Canadian and foreign governmental agencies where required by law. Personal Information is also shared within PNC Bank and its wholly owned affiliates and subsidiaries as necessary for the purposes just described, including so that PNC Canada can appropriately identify and service its customers and to ensure that all legal and regulatory requirements are met.
As a result, certain data concerning and arising out of PNC Canada’s business relationship with its customers is maintained in PNC Bank’s consolidated secure systems in certain locations where PNC Bank is carrying on business, such as the United States. This data is made available on a need-to-know basis to a limited number of relevant specialists within PNC Bank and its wholly owned affiliates and subsidiaries along with a limited number of third-party service providers and bank regulators. Under the laws of these other jurisdictions, in certain circumstances, foreign courts, law enforcement agencies, or regulatory agencies may be entitled to access an individual’s Personal Information without notice to the individual.
Unless Personal Information is collected for an already permitted purpose or required by law, PNC Canada will notify the individual from whom the information is collected either verbally or in writing of the purpose for which PNC Canada is collecting the information.
3. Obtaining Consent
When a customer applies for a new product or service, PNC Canada will ask for consent to collect, use or disclose Personal Information if required. If Personal Information is provided by someone other than the person to whom the information relates, the person providing the information to PNC Canada represents and warrants that they have consent from the individual for PNC Canada to collect, use and disclose his/her Personal Information for the purposes described in this Policy, or such other purposes as may be described at the time of collection. An individual may also be requested from time to time to consent to the collection, use and disclosure of Personal Information for purposes that have not been previously identified. This consent will be obtained at or before the time that Personal Information is collected or used for a new purpose. Consent may also be implied (for example, when an individual provides information necessary for a service he or she has requested or where an individual has been provided with notice about PNC Canada’s intentions with respect to Personal Information and he/she has not withdrawn his/her consent for the identified purpose, such as by using an “opt out” option provided, if any).
Consent may be withdrawn as long as:
If consent is withdrawn or withheld, PNC Canada may be limited in the products and services it can provide to a customer.
PNC Canada may use Personal Information without the knowledge or consent of a customer if:
4. Limiting Collection
The collection of Personal Information shall be limited to that which is necessary for the purposes as identified by PNC Canada. Information shall be collected by fair and lawful means.
5. Limiting Use, Disclosure and Retention
PNC Canada will only use or disclose Personal Information for the reason(s) it was collected, except as described in this Policy. Under no circumstances will PNC Canada sell or give lists of its customers to other companies for their own use and, if PNC Canada obtains client lists from other organizations, these organizations will be required to confirm their compliance with all relevant privacy legislation.
It may happen that PNC Canada at some point in the future buys new businesses/asset portfolios/individual transactions or sells some of its lines of businesses/asset portfolios/individual transactions. Accordingly, Personal Information associated with any accounts, products or services of the business being purchased or sold will be transferred as a business asset to the new business owner, with no duplicates retained in the original files. If Personal Information is disclosed prior to the completion of the sale or transfer, PNC Canada will require the acquiring organization to protect the privacy of Personal Information consistently with the terms of this Policy.
PNC Canada may use third party or related party service providers to provide services on its behalf such as data processing, account administration and marketing. They will be given only the Personal Information needed to perform those services. Contracts are in place holding these parties to the same high standards of confidentiality by which PNC Canada is governed. In some cases, these other parties may be located outside of Canada, including in the United States and may be required to disclose information to government authorities, regulators or law enforcement under a lawful order made in that country or as otherwise required by law.
PNC Canada may act as an agent for other lenders in a syndicated transaction, and as a result may collect, use and disclose Personal Information on behalf of itself and the other lenders for the purposes of verifying identity (including checking identity against watch lists established by regulatory agencies and similar bodies in Canada and foreign countries), evaluating creditworthiness, protecting against fraud, detecting and deterring money laundering and terrorist financing offences, including assessing the risk of such offences, conducting risk assessments, meeting insurance, security and processing requirements and complying with applicable laws and regulations such as mandated transaction surveillance, and reporting to Canadian and foreign governmental agencies where required by law. PNC Canada may share all of the Personal Information it collects in connection with the foregoing with all of the lenders to the syndicated transaction.
Note that Personal Information may be released to Canadian or foreign legal or regulatory authorities in cases of suspected money laundering, terrorist financing, insider trading, manipulative or deceptive trading, or other potentially criminal or unlawful activity, for the detection and prevention of fraud, or when required to satisfy the legal or regulatory requirements of Canadian or foreign governments, regulatory authorities or other self-regulatory organizations. Personal information may also be shared within PNC Bank and its wholly owned affiliates and subsidiaries for the purposes of detecting and deterrening money laundering and terrorist financing offences, including assessing the risk of such offence, preventing, detecting or suppressing fraud or investigating breach of an agreement or contravention of laws. Other reasons for the release of Personal Information include when PNC Canada is otherwise legally required to do so (e.g. by court order) or to protect its assets (e.g. collection of loans). PNC Canada has policies in place that govern the retention of customer Personal Information so it will be kept only for as long as it fulfills its intended purpose or as legally required.
Personal Information shall be as accurate, complete, and up-to-date as is necessary. Customers are encouraged to contact their banking Relationship Managers to update their personal information. If a Customer has questions about the accuracy of Personal Information collected by PNC Canada, the customer may request access to the information to verify and update it. If PNC Canada has disclosed inaccurate information about a customer to a third party, it will contact that third party to advise them of the error.
Personal Information will be protected by security safeguards appropriate to the sensitivity of the information. The file containing your Personal Information is maintained in consolidated secure systems, which may be located anywhere that PNC Bank is carrying on business, such as the United States.
PNC Bank protects the security of Personal Information and takes reasonable measures to assure the reliability of the data it collects. PNC Bank has physical, electronic and procedural safeguards in place, including an Information Security Policy to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
All members of PNC Bank and any third-party service providers that have been engaged by or on behalf of PNC Canada are required to adhere to those same strict security and technology standards and can only have access to this information subject to confidentiality obligations.
8. Information about Policies and Procedures
PNC Canada will make readily available to customers specific information about its policies and procedures relating to the management of Personal Information. Customers can request specific information about PNC Canada policies and procedures by contacting the Canadian Privacy Officer.
9. Access to Personal Information
Customers will have reasonable access to Personal Information about them that PNC retains. Individuals will able to correct or amend Personal Information where it may be inaccurate, subject to certain exceptions. Upon written request to the Canadian Privacy Officer, the customer shall be informed of the existence, use and disclosure of his or her Personal Information and shall be given access to such information except where inappropriate. If access is refused, individuals shall be informed of the reasons for such refusal in writing.
10. Other important information
Third Party Websites
The Site may contain links to independently owned, controlled and/or managed third party, websites to which the Policy does not apply. We do not monitor or control thecontent that appears on these websites and such content may be changing. If you view these websites, they may assign a cookie. We do not control these cookies, and we are not responsible for any marketing or other use of your information by these third parties.
11. Handling Complaints and Questions
Individuals may challenge PNC Canada’s compliance with this Policy. Complaints and inquiries should be directed to the Canadian Privacy Officer or, if they involve the Canadian Privacy Officer directly or in his or her absence, to PNC Canada’s Principal Officer in writing to the attention of:
PNC Bank Canada Branch
Suite 2140, 130 King Street West
Toronto, Ontario, Canada
The Canadian Privacy Officer’s responsibility is to investigate any concerns or complaints, and, in consultation with and in conjunction with PNC Bank’s legal department, to recommend action and implement any and all appropriate corrective or remedial actions as applicable and warranted. Customers with questions, concerns or who would like more informationabout the collection, use or disclosure of their personal information should address their concerns in writing to the attention of:
Canadian Privacy Officer
PNC Bank Canada Branch
Suite 2140, 130 King Street West
Toronto, Ontario, Canada
The Office of the Privacy Commissioner of Canada investigates privacy issues under the Personal Information Protection and Electronic Documents Act (Canada). Customers, if their complaint is not resolved to their satisfaction and concerns a privacy issue under federal law, may address their concerns in writing to:
The Privacy Commissioner of Canada
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario K1A 1H3