1. PURPOSE
1.1 The Immigration Consultants of Canada Regulatory Council (“ICCRC” or “Council”) takes privacy and confidentiality very seriously. ICCRC strives to maintain the highest standards of public trust and integrity in all of its activities and decision-‐making to ensure that the privacy of applicants, professionals that it regulates, complainants, staff and others who entrust the Council with their personal information is protected.
1.2 ICCRC is committed to effectively and efficiently maintaining the accuracy, confidentiality and security of personal information that it collects in person, in print, or onits website. The Council collects such personal information from Regulated Canadian Immigration Consultants “RCICs”, Regulated International Student Immigration Advisors “RISIAs”, applicants to the professions it regulates, ICCRC employees, ICCRC employment applicants, and the general public. This Privacy Policy summarizes the Council’s policy and practices in connection with the personal information it collects.
2. DEFINITIONS
i. “Agent” means a person or company who:
- Does not provide immigration advice for a fee in contravention of Immigration and Refugee Protection Act (IRPA);
- Represents an ICCRC member in furtherance of the member’s practice;
- Solicits or facilitates business in connection with the ICCRC member’s practice;
- Is registered, or required to be registered, as an Agent pursuant to ICCRC’s By-‐law; and for greater certainty, “Agent” does not include an individual who merely refers a Client to a member but does not otherwise take any part in a proceeding or application,or potential proceeding or application, under the IRPA.
ii. “Canada Anti-‐Spam Legislation” or “CASL” means the government legislation which establishes rules for sending commercial electronic messages, such as emails, to third-‐ parties.
iii. “Canada Not-‐for-‐Profit Corporations Act” or “CNCA” means the law that governs the make up, management and other obligations of federally-‐incorporated not-‐for-‐profit organizations.
iv. “Chief Privacy Officer” means a person hired by ICCRC to perform the dutiesdescribed herein.
v. “Cookies” means small pieces of information in text format that are downloaded to an individual’s computer when visiting websites. These cookies may come from the website itself or from the providers of the advertising banners or other graphics that make up a web page.
vi. “ICCRC” or “Council” means Immigration Consultants of Canada Regulatory Council.
vii. “Internet Protocol” or “IP” means a set of rules governing the format of data sent over the Internet or other network.
viii. “Internet Protocol Address” or “IP Address” means the numerical label, similar to a telephone number, assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication.
ix. “Personal Information Protection and Electronic Documents Act” or “PIPEDA” means the federal law that relates to data privacy. It governs how organizations collect, use and disclose personal information in the course of commercial business.
x. “Service Providers” means third party organizations engaged by ICCRC to provide various administrative, consulting, storage, processing and/or professional services.
xi. “Third Party” or “Third Parties” means any individuals that are not staff or members of the Board of Directors.
3. APPLICATION
3.1 The kinds of personal information collected may include your name, address, telephone number and email address. ICCRC may also collect specific information relating to the nature or purpose of your inquiryor your relationship to the Council. Such information may include, but is not limited to your date of birth, Social Insurance Number, credit card details, employment history, academic or professional qualifications, immigration and citizenship status, or information relating to a specific complaint.
3.2 If you use ICCRC’s website, information may be collected relating to the webpages you view, the number of times you view them, the timeand date of your use, and your IP address. The Council may also have access to aggregate information such as number of associated users, number of transactions and other information for the purposesof improving its services, and for other internal purposes.
3.3 At any point during collection, you may be asked for consentto the collection and provided with the purpose for such collection.In certain cases your consent will be deemed from your actions, for example your use of ICCRC’s website and/or your voluntary disclosure of information to the Council through other means for the purpose for which you contacted ICCRC.
4. PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
4.1 Your personal information is used by ICCRC for a number of reasons, depending on the nature or purpose of your inquiry or your relationship tothe Council. Your personal information may be used to:
- Determine your eligibility for training and to become aregulated professional
- Process your application to write an entry-‐to-‐practice exam
- Verify your academic credentials and compile your credentials information
- Link your identity to your credentials
- Offer and develop training and guidance materials
- Process payments
- Set up, manage and offer other products and services (including ongoing services) that meet your needs
- Meet the Council’s legal and regulatory requirements
- Investigate and adjudicate public inquiries or complaints
- Understand and anticipate your needs
- Provide you with information about the Council
- Inform ICCRC employee hiring decisions
- Inform ICCRC business functions and decisions
- Optimize the design and useof ICCRC’s website
- Monitor server and software performance
- Administer disciplinary proceedings, and
- Such other purposes consistent with this Section of the Policy.
4.2 Because it is important that ICCRC keeps your trust, you will only be asked for personal information that is needed and when asked for additional personal information, you will be informed why it is needed.
4.3 The information you give ICCRC will not be shared with any third parties without your consent except as otherwise permitted or required by applicable law. If the purpose for the collection or use of your personal information is notclear from the context, you will be informed of the purpose for which it is being collected and will be given a meaningful opportunity to consent to such purpose.
5. WHEN AND TO WHOM YOUR PERSONAL INFORMATION MAY BE DISCLOSED OR TRANSFERRED
5.1 ICCRC does not disclose personal information to third parties except in accordance with this section. The Council shall decline any requests for such disclosure, including with respect to employee personal information.
5.2 ICCRC may disclose or transfer your personal information to:
- Individuals or organizations who are its service providers
- Individuals or organizations who are involved in maintaining, reviewing and developing its business systems, procedures and infrastructure including testing orupgrading its computer systems
- Other licensing, regulatory, educational, training, credentials verification authorities, and organizations that utilize the services of immigration consultants, law enforcement agencies (if necessary) or other third parties and organizations, and their representatives, who in the opinion ofICCRC have a legitimate interest in such information
- Any other person or organization you authorizeICCRC to disclose pursuant to any document you have executed and delivered tothe Council, and
- Nominated candidates seeking election to the ICCRC Board of Directors.Nominated candidates shall receive members’ postal addresses, but pursuant to ICCRC’s obligations to CASL, shall not receive anyaddresses to contact Members electronically. The use of information disclosed to nominated candidates must be used by candidates according to the terms and conditions – with consequences for misuse – of CNCA and other federal laws including CASL and privacy legislation.
5.3 Where personal information is transferred to vendors that perform services on its behalf, ICCRC will require those service providers to use such personal information solely for the purposes of providing services to the Council or the person concerned and to have appropriate safeguards for the protection of that personal information.
5.4 There are circumstances where ICCRC is permitted or obliged, under applicable privacy legislation, to disclose personal information without consent. Such circumstances include:
- Where required by law or by order or requirement of a court, administrative gencya or governmental tribunal
- Where ICCRC believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group
- Where it is necessary to establish or collect monies owing to ICCRC
- Where it is necessary to permit ICCRC to pursueavailable remedies or limit any damages that it may sustain, or
- Where the information is public.
5.5 A record is kept each time personal information is disclosed, noting the nature of the disclosure, the date and the identity of the party to whom the disclosure was made, provided that individual records of disclosure are not maintained for regularor routine actions such as transfers of personal information to businesses acting as agentsof ICCRC, and other licensing bodies and associations.
6. LIMITING USE, DISCLOSURE, AND RETENTION
6.1 ICCRC will not use or disclose your personal information other than for the purposes for which it was collected without your express consent or as permitted or required by law. When requested to provide information in response to a legal inquiry or order, the Council will verify its validity and only disclose information that is legally required.
6.2 ICCRC keeps your personal information only as long as it is required for the reasons it was collected. The length of time the Council retains your personal information varies, depending on the purpose for which it was collected and the nature of the information. This period may extend beyond the end of your relationship with ICCRC but it will be only for so long as it is necessary for the Council to have sufficient information to respond to any issues that may arise at a later date. When your personal information is no longer required for ICCRC purposes, procedures are in place to destroy, delete, erase or convert it into an anonymous form.
6.3 Currently, the principal place in which ICCRC holds your personal information is in Burlington, Ontario or where off-‐site storage facilities may be located.
7. SAFEGUARDS
7.1 ICCRC protects personal information in its possession and control by using industry standard technological, organizational and physical security and safeguards. The Council safeguards include the following:
- Online encryption
- Network security
- Passwords
- Employee confidentiality agreements
- Employee security clearances
- Physical restrictions on access
- Organizational restrictions on access
- Locked cabinets, and
- Restricted office access.
7.2 Suppliers of services to ICCRC, such as e-‐commerce and credential verification firms, are required to sign contracts obligating them to protect the privacy and confidentiality of personal information transferred to them to enable them to perform their functions.
7.3 ICCRC also has extensive controls to maintain the security ofits operations and confidentiality. Safeguard controls are reviewed on an ongoing basis to ensure compliance with its security and privacy policies.
7.4 When personal information is no longer needed, ICCRC shreds, destroys, erases or otherwise makes the information inaccessible or unreadable. When personal information is destroyed or erased, the Council takes care that there is no unauthorized access. In short, its staff is committed and its systems are designed to protect your privacy and
8. CANADA ANTI-‐SPAM LEGISLATION (CASL)
8.1 Where appropriate, ICCRC may seek your consent to send you commercial electronic messages or to install a computer program on your computer system.The Council will describe the purposes for your consent when seeking such consent. Such consent is sought by ICCRC at the contact information set out below. You can withdraw your consent at any time. Where applicable, you will be able to unsubscribe from these commercial electronic messages at any time by following the instructions in the message to unsubscribe, or by contacting ICCRC via the information set out below.
9. COOKIES
9.1 This website may use cookies to identify your computer as you view ICCRC’s website. Cookies are used to better understand usage patterns in order to provide you with an enhanced experience. Such cookies are never linked to your personal information.
Most browsers are set to accept cookies. You can manually set your browser to refuse cookies, however this may interfere with your access to certainICCRC’s services.
10. LINKS TO OTHER WEBSITES
10.1 ICCRC’s website may provide links towebsites that are not owned or operated by the Council. They are not covered by this Privacy Policy. You are urged to review the terms of use and privacy policies in connection with such websites. If you do not agree to such terms and policies, then you should discontinue using the related site. ICCRC takes no responsibility, nor provides any representation or warranty in respect of the content of these third parties, their websites or of their privacy policies. If you access and transact any business via a linked site you do so at your own risk and you remain subject to the terms of use and policies of any such site.
11. UPDATES
11.1 ICCRC reserves the right to change this Policy at any time without notice. Any amended Policy will be posted on its website located at www.iccrc-‐crcic.ca.
12. ACCESS
12.1 ICCRC is responsible for maintaining and protecting personal information about you in its care or control. The Council has designated a Chief Privacy Officer who is accountable for compliance with ICCRC’s policies and PIPEDA. If you have any questions, comments or complaints regarding this Policy, or wish to challenge the accuracy and completeness of your information and have it amended or deleted, please contactthe Chief Privacy Officer at the following addresses:
1002-‐5500 N. Service Road
Burlington, ON
L7L 6W6
privacy@iccrc-‐crcic.ca