U.S. Bank Canada Privacy Agreement

Protecting your privacy is important to U.S. Bank National Association (operating through its Canadian branch, “U.S. Bank Canada”). We want you to understand what information we collect, how we use it and with whom the information is shared. This U.S. Bank Canada Privacy Agreement (this “Agreement”) sets out the information practises of U.S. Bank Canada and may be amended from time to time (see Section 7 “Additional Rights and Modifications” below for an explanation of how we will advise you of future changes).

In this Agreement, “Service” means any personal or business banking, insurance, brokerage or financial product or service offered by us; “we”, “our” and “us” mean U.S. Bank Canada and includes any program or joint venture in which we participate; “Business” means any business, corporation, partnership, trust, estate, association or other type of organization; “you” and “your” means an individual customer or cardholder, or an individual officer, director, authorized person, partner, trustee, executor, member, employee or cardholder of a Business customer, who has made application to us for, enrolled in or signed an application in respect of any Service and includes any co-applicants, guarantors or personal representatives; and “Personal Information” means information about you, your transactions or your account that we obtain in connection with providing a Service, such as that described in the examples in Section 3 below.

1. Your Consent

We are generally required to obtain your consent for: (1) the collection of Personal Information; (2) the uses of Personal Information; (3) the retention of Personal Information; and (4) the sharing of your Personal Information. Application for, our provision of and each use of any applicable Service constitutes your continuing consent to the matters set forth in this Agreement as required by applicable law in any applicable jurisdiction.

Subject to legal, regulatory and contractual requirements, you can refuse to consent to our collection, use or disclosure of Personal Information about you, or you may withdraw your consent to our further collection, use or disclosure of your Personal Information at any time in the future by giving us notice in accordance with section 5.B. below. However, depending on the circumstances, withdrawal of your consent may prevent us from providing or continuing to provide you or an applicable Business customer with some Services or information that may be of value to you. You cannot refuse our collection, use and disclosure of Personal Information required by us or third party service providers that is essential for the provision of the Services or required by legal authorities or our regulators, including self-regulatory organizations.

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2. Why We Collect, Use or Disclose Your Information

We collect, use and disclose Personal Information so we can: (i) understand your needs, your eligibility for our Services and the suitability of our Services to you and deliver Services tailored for your needs or the needs of a Business customer; (ii) set up, manage, offer, issue or provide to you or a Business customer a Service; (iii) know who you are in order to comply with applicable law in any applicable jurisdiction or to prevent unauthorized access to Personal Information or to any Service; (iv) process, authorize and authenticate transactions or payments in respect of any Service; (v) provide customer services to you; (vi) design and improve the products we offer; (vii) comply with laws and regulations that we believe are applicable to us in Canada and other jurisdictions, including without limitation the rules of any self-regulatory organization; (viii) manage and assess our risks and collect a debt or enforce an obligation owed to us; (ix) prevent or detect fraud or criminal activity or to manage and settle any actual or potential loss in connection with fraud or criminal activity; and (x) respond to a court order, search warrant or other demand or request which we believe to be valid, or to comply with the rules of production of a court in any applicable jurisdiction.

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3. What Information We Collect

We may collect Personal Information about you, such as:

  • Information about your identity, such as your name, address, birth date, home address, home phone numbers, principal business or occupation, employee number, driver’s license number, passport number, social insurance number and other identifying information.
  • Information about your transactions, such as your account balance and activity, payment history, source of incoming funds, how you intend to use the Service, general Service usage and our website or customer service usage.
  • Information we receive from you on applications or account forms, on other accounts you may have with us, such as your assets, liabilities or income.
  • Credit and financially-related information we receive from you, a Business customer or other organizations (including other financial institutions) and from references you or a Business customer has provided to us, such as your payment history, and if applicable, your credit history.

You agree that we may monitor or record any telephone call we have with you. The content of the call may also be retained. We may inform you before proceeding with the call of this possibility. This is to establish a record of the information you provide, to ensure that your instructions are followed properly and to ensure customer service levels are maintained.

You agree that all information that you give us will, at any time, be true and complete. If any Personal Information changes or becomes inaccurate or out of date, you shall advise us so we can update our records.

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4. To Whom We Disclose Information

We do not provide directly all the Services. We may use an affiliate or a third party service provider to process or handle Personal Information on our behalf and to assist us with various ancillary services, and you acknowledge that we may release information about you to them. We also disclose Personal Information to others. For example, we may disclose Personal Information to: (i) our other offices and branches, our affiliates and third parties to assist us in providing, or as required for the operation of, the Service, including without limitation payment networks, their affiliates and third party service providers; (ii) to our regulators and to legal, government or law enforcement authorities in response to legal process, subpoenas or as may otherwise be required by applicable law of any applicable jurisdiction; (iii) to an applicable Business customer and any party authorized by such Business customer including service providers to the Business customer; (iv) other financial institutions, including without limitation any financial institution that refers the provision of the Service to us; (v) to persons with whom you or the Business customer has a financial or other business dealing; (vi) if applicable, we may disclose Personal Information to collection agencies, credit bureaux, legal service providers or other parties associated with collecting any amounts owing in connection with any Service; and (vii) a prospective purchaser of the whole or any part of a Service or line of business of U.S. Bank Canada.

Some of our other offices and branches, our affiliates and our service providers or other third parties are located outside of Canada. As a result, your Personal Information may be accessible to regulatory authorities in accordance with the law of these jurisdictions. We maintain physical, electronic, and procedural safeguards that comply with applicable law in applicable jurisdictions to guard Personal Information. Subject to applicable law in any applicable jurisdiction, we require third parties to whom we disclose Personal Information to protect the information in a manner that is consistent with this Agreement.

In the event that we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party, we reserve the right to disclose your personal information to a potential buyer both before and after the purchase. However, in the event the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this Agreement and that they will only use and disclose your personal information as we are similarly entitled under this Agreement. In the event the sale does not go through, we will require the potential purchase to not use or disclose your personal information in any manner whatsoever and to completely erase the same.

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5. Retention of Information and Inquiry Rights

A. We may keep, use and disclose Personal Information about you in our records for as long as it is needed for the purposes described in this Agreement and in accordance with our applicable retention policies, even if you or the Business customer cease to be a customer.

B. You may make written inquiries regarding Personal Information and you may request U.S. Bank Canada to correct any errors regarding such information, provided that you notify us in writing of such error and provide us with a reasonable time to review your request. We will investigate the matter and, if an error has occurred, we will correct any error to Personal Information. You may make inquiries about, or correct any errors to, your Personal Information by writing to us at U.S. Bank National, 120 Adelaide Street W., P.O. Box 2300, Toronto, Ontario, M5H 1T1.

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6. Availability of Agreement

This Agreement is also available on our website at usbankcanada.com.

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7. Additional Rights and Modifications

This Agreement does not apply to your relationship with other financial service providers except as expressly set out herein and you may have additional rights with those financial service providers. You acknowledge that we may amend this Agreement from time to time to take into consideration changes in legislation or other issues that may arise. We will post the revised Agreement on our website or we may also send it to you by mail. We may notify you of any changes to this Agreement by posting a notice of the amendment on our website or by including a notice with your monthly statement. Your continued use of the Service following notice of such change means that you agree to and accept the new terms and conditions of the Agreement as amended. If you do not agree with any of the changes made or with the new terms of the Agreement, you must immediately stop using the Service and notify us that you are terminating your usage of the Service with us.

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8. Want to Learn More?

If you would like to learn more about how we at U.S. Bank Canada use information about clients to deliver better client services and products more efficiently, please contact our customer service representatives at the address set forth in section 5.B above.

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