Code of Privacy

Berkeley International Intelligence Inc.
Code of Privacy:

INTRODUCTION:

Berkeley International Intelligence ( Berkeley ) is an Ontario based Intelligence Gathering agency. Berkeley's business practice is restricted to:

Business Intelligence / Due Diligence / Commercial Litigation

Employment & Labour Law Matters

Patent / Trademark / Copyright Infringements

Inquiries are conducted locally, nationally and internationally. We routinely collect personal information on individuals and we understand the public's interest in protecting personal information and ensuring its safekeeping. Berkeley embraces the new federal Personal Information Protection and Electronics Documents Act ( PIPEDA ) and acknowledges that it's crucial to maintain national standards to protect the personal information we collect.

Berkeley is properly licensed and regulated by the Ministry of Community Safety & Correctional Services, Ontario, Canada. We only collect personal information on individuals where there is a potential contravention of the law, breach of an agreement or other circumstances that permit us to legally collect this information under the laws of Canada. Berkeley's Code of Privacy is compliant with the Canadian Standards Association standard CAN/CSA-Q830-96, model code for the protection of personal information, as amended from time to time, which is as follows:

1. ACCOUNTABILITY

Berkeley will be responsible for all personal information within its control, and various staff members have been appointed to ensure our organization's compliance with the policies and procedures indicated in our corporate "Code of Conduct" and they report directly to our President, who has assumed the role of "Chief Privacy Officer".

Berkeley's Chief Privacy Officer is Robert H. Woodman, CFE President

Mr. Woodman can be reached at:

Berkeley International Intelligence Inc.
Toronto, Ontario, Canada
Telephone: ( 416 ) 386-1957
Toll Free Fax: ( 866 ) 386-1873
E-mail: berkeley@attglobal.net

Corporate Mailing Address:
P. O. Box # 1697, Lakefield, Ontario,
Canada, K0L 2H0

Upon receiving an enquiry "in writing", Mr. Woodman will respond to you within 30 days.

It is Berkeley's commitment to:

  • Protect personal information
  • Allow individuals to request information; seek amendments to their personal information; and file complaints against Berkeley with our Privacy Officer
  • Train and educate our staff
  • Develop information to explain these procedures to the public and our clients
We rarely use third parties to process personal information, however when utilized, we will use reasonable means to ensure that all third party transmissions of personal information is afforded a comparable level of protection to that which Berkeley maintains.

2. IDENTIFY PURPOSES

Berkeley will identify the purpose for which personal information is to be collected on affected individuals, at or before the time of collection. All assignments received from clients will be scrutinized to ensure that requests for information are compliant with PIPEDA.

The purpose for which Berkeley collects personal information is to facilitate an investigation of contraventions of the law and breaches of agreements.

Personal information collected as part of an investigation of a contravention of the law may include information pertaining to individuals involved in criminal activity, individuals suspected of involvement in criminal activity, individuals with knowledge of criminal activity, and individuals who may advance an investigation by providing information relating to the identity of those involved or suspected of criminal activity.

Personal information collected in the investigation of the breach of an agreement may pertain to individuals who are party to an agreement, individuals who have knowledge of the terms and conditions of an agreement, individuals who have knowledge of the breach of an agreement, or individuals who may advance an investigation by providing information relating to a breach of an agreement.

Berkeley may perhaps verbally explain to affected individuals the purposes for which personal information is being collected after which a notation would be placed in the applicable file referencing the conversation. Alternatively, suitable applications or other appropriate documentation would be utilized.

Berkeley may identify any new purposes that arise during the course of dealing with personal information and obtain prior consent required for this new use, even if we have already identified certain initial purposes. However, we will only do this when the intended "new use purpose" truly constitutes a "new" use, i.e., when the new purpose being proposed is sufficiently different from the purpose initially identified.

3. CONSENT

Berkeley will obtain the appropriate consent from individuals for collection, use or disclosure of personal information, except where the law provides an exception. We may obtain express consent for the collection, use or disclosure of personal information, or when we determine that consent has been implied by the circumstances.

Express consent is specific authorization given by the individual to Berkeley, either orally or in writing. Implied consent is when Berkeley has not received specific consent, but the circumstances allow us to collect, use, or disclose personal information.

In most situations, obtaining the knowledge and consent of individuals would defeat the purpose of an investigation, in particular with respect to a breach of an agreement or contravention of a law. Personal information will only be collected, used and disclosed by Berkeley employees "without consent" in accordance with Section 7 of the Personal Information Protection and Electronics Documents Act, S.C. 2000, c.5 (PIPEDA) or under other lawful means.

4. LIMITING COLLECTION

The collection of personal information will be limited to that which is necessary for purposes identified by Berkeley. Berkeley will collect personal information about individuals only if there are reasonable grounds to believe that the information relates to dishonest conduct, breaches of agreements, or contraventions of the laws of Canada, a province, or a foreign jurisdiction.

Berkeley will only collect the personal information required for the preventative and investigative purposes set out above and will not collect personal information indiscriminately. Information will only be collected by fair and lawful means and not by misleading or deceiving individuals about the purpose for which the information is being collected.

Berkeley's Chief Privacy Officer will hold regular briefings with all staff engaged in collection, use and disclosure of personal information to ensure corporate policies and procedures relating to the limitations of this activity are properly communicated.

5. LIMITING USE, DISCLOSURE, AND RETENTION

Personal information will not be used or disclosed for purposes other than those for which it is collected, except with the consent of the individual or as required by law. Berkeley will only retain personal information as long as necessary for the fulfillment of those purposes.

Berkeley may disclose personal information only to Law Enforcement agencies, other investigative bodies or Berkeley's clients for the purpose for which the personal information was collected. Berkeley will destroy all personal information in its possession once it is no longer required for the purpose for which it was collected.

6. ACCURACY

The personal information Berkeley collects will be accurate, complete and current as is necessary for the purposes for which it is to be used.

Berkeley commits to ensuring that inaccurate personal information on any individual will not be used or processed during an investigation and that the information will remain relative to the stated purpose.

7. SAFEGUARDS

Security safeguards appropriate to the sensitivity of the information will protect personal information collected by investigators.

Berkeley ensures that all personal information is and will be stored in secure electronic and hard copy files. Hard copy file are and will be stored in locked file cabinets with restricted access. Electronic files are and will be stored in secure systems that include power-on password protection and a secure firewall. Electronic files are and will be encrypted with an industry standard encryption program before being transferred electronically. Distribution of personal information will be on a need-to-know basis.

8. OPENNESS

Berkeley will make readily available to individuals specific information about its policies and procedures relating to the management of personal information that is under our control.

We will make available to the public easily understandable information about our company, it's privacy policies, our Code of Privacy, both in hard copy and by accessing our website at www.berkeleyintelligence.com

9. INDIVIDUAL ACCESS

Upon request, an individual will be informed of the existence, use and disclosure of his / her personal information which is under our control, and shall be given access to and be permitted to challenge the accuracy and the completeness of that information. If the requestor can provide proof of an error in the personal information in Berkeley's possession, Berkeley will amend the information and send the corrected information to others who have used the incorrect information.

There are lawful exceptions that will prevent Berkeley from providing access, which include, but are not limited to the following:

  1. Personal information about another individual might be revealed.
  2. Commercially confidential information could possibly be revealed.
  3. An individual's life or security could be compromised.
  4. The information was collected without consent for purposes relating to an investigation of a breach of an agreement or contravention of a law or other lawful exemption.
  5. The information was generated during the course of a formal dispute resolution process.
  6. The information is protected by Solicitor / Client privilege.
  7. When restricted from providing this disclosure under Section 25 (1) of the Private Investigators and Security Guards Act; Revised Statutes of Ontario 1990 Chapter P.25.

10. CHALLENGING COMPLIANCE

An individual may address a challenge concerning compliance with the aforementioned policies and procedures to our Privacy Officer whose details are listed in Section 1.

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