A word about your privacy

We respect your privacy. Not only do we respect it, but we also protect it. The private information you share with us stays with us. We do, however, provide or collect your information as is required by legislation to those to whom you have authorized us to release information. They include the financial institutions you've asked us to deal with, and specialized service providers (like the people who print our account statements). All of the above must meet our rigorous privacy standards. We've provided this booklet for your interest and information. This policy does have a legal tone that reflects both the importance of the issue and it is consistent with federal legislation. If you want more information regarding our privacy principles, please read on. If you have privacy questions or concerns, please contact one of our Bank Associates at 1-888-464-3496. You can also contact our Privacy Office by mail at 111 Gordon Baker Road, Suite 900, Toronto, Ontario M2H 3R1 or by telephone at (416) 497-6293 or toll free (866) 677-0546.

Introduction

ING Bank of Canada (“ING Bank”) is committed to keeping personal information accurate, confidential, secure and private. The ING Bank of Canada Privacy Code is an embodiment of this commitment.

This Privacy Code is based on the Personal Information Protection and Electronic Documents Act (PIPEDA), the Canadian Bankers Association (CBA) Model Privacy Code and on the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information (CAN/CSA-Q830-96). It describes how ING Bank subscribes to the principles of the PIPEDA, CBA and CSA Model Codes. A copy of the PIPEDA is available at www.privcom.gc.ca. Copies of the CBA and CSA Model Codes are available on request from the Canadian Bankers Association at 1-800-263-0231.

The Scope Of This Privacy Code

This Privacy Code describes the principles ING Bank will use to protect the privacy of personal information in its possession or control.

This Privacy Code does not apply to information about business customers who carry on business as corporations, partnerships or in other forms of association. ING Bank does, however, protect the confidentiality of such information in accordance with the law and ING Bank’s own policies. This Privacy Code does apply to personal information of individual owners of sole proprietorships.

Changes To This Privacy Code

In order to ensure that this Privacy Code is kept up to date, we reserve the right to change this Privacy Code from time to time. Any changes will be effective 30 days following ING Bank providing you with notice. Notice of changes to the Privacy Code may be distributed through ING Bank statements, newsletters and/or posted on the ING Bank web site. If you access or choose to continue to be serviced by ING Bank after the effective date of the change, you automatically accept the change.

Definition Of Terms Used In This Privacy Code

Bank Associates
The client services representatives at ING Bank to whom the public is encouraged to address their initial questions and concerns about an ING product or service. Bank Associates may be reached by telephone at: 1-888-464-3496 or e-mail at: agent@ingfas.ca.

Direct Marketing
Promotions targeted to individuals whose personal information indicates that a certain product may be of interest to them. This includes mail, e-mail and telemarketing initiatives. This does not include statements, statement inserts, and messages in banking machines, bank machine receipts, and announcements in electronic bulletin boards, through personal bankers or customer relationship management.

Financial Representative
The individual and/or company through which you have been referred to ING Bank under a referral arrangement between such Financial Representative and ING Bank. The Financial Representative is not an agent, employee, partner or joint venturer of ING Bank.

Personal Information
Information about an identifiable individual, but does not include the name, title or business address or business telephone number of an employee of an organization.

Privacy Office
The department at ING Bank that is responsible for ensuring the protection of individuals' personal information. The Privacy Office may be contacted by mail at:

PRIVACY OFFICE
ING Bank of Canada
111 Gordon Baker Road, Suite 900
Toronto, Ontario M2H 3R1

The Ten Principles Of Privacy In Summary

These ten principles of privacy are interrelated and must be read in conjunction with the accompanying commentary.

1. ING Bank’s Accountability
   ING Bank is accountable for all personal information in its possession or control, including any personal information transferred to third parties for processing. ING Bank has established policies and procedures to comply with this Privacy Code, and has designated one or more persons accountable for compliance.
   
   
2. Identifying The Purposes Of Collecting Personal Information
   ING Bank will inform individuals of the purpose for which personal information will be used before or when they consent to its collection.
   
   
3. Obtaining Consent
   ING Bank will obtain consent before or when it collects, uses or discloses personal information about an individual.

   An individual can provide consent to the collection, use and disclosure of personal information about them expressly, implicitly, or through an authorized representative. An individual can withdraw consent at any time, with certain exceptions.

   ING Bank will collect, use or disclose personal information without an individual's consent only in limited circumstances as permitted by law.

4. Limits For Collecting Personal Information
   ING Bank limits the amount and type of personal information it collects. ING Bank will collect personal information only for the identified purposes or as otherwise permitted by law.
   
   
5. Limits For Using, Disclosing And Keeping Personal Information
   ING Bank will use or disclose personal information only for the reasons it was collected, unless an individual gives consent to use or disclose it for another reason.

   Under certain circumstances, ING Bank may have a legal duty or right to disclose personal information without consent.

   ING Bank will keep personal information only as long as necessary for the identified purposes.

6. Keeping Personal Information Accurate
   ING Bank will keep the personal information in its possession or control accurate, complete, current and relevant, based on the most recent information available to ING Bank.

   Individuals may challenge the accuracy and completeness of personal information about them and have it amended as appropriate.

7. Safeguarding Personal Information
   ING Bank protects personal information with safeguards appropriate to the sensitivity of the information.
   
   
8. Making Information About Policies And Procedures Available
   ING Bank will be open about the procedures used to manage personal information. Individuals will have access to information about these procedures through this Privacy Code, by contacting our Bank Associates or by contacting the Privacy Office. The information will be available in a format that is easy to understand.
   
   
9. Providing Access To Personal Information
   When an individual requests it, when possible, ING Bank will advise the individual what personal information ING Bank has in its possession or control about the individual, what it is being used for, and to whom it has been disclosed.

   When an individual requests it, ING Bank will give an individual access to personal information about them which is in the possession or control of ING Bank. In certain situations, however, ING Bank may not be able to give individuals access to all of their personal information.

10. Handling Complaints And Questions
    Individuals may challenge ING Bank's compliance with this Privacy Code. Complaints and inquiries should be directed to our Bank Associates or sent to the Privacy Office.

Principle 1
ING Bank’s Accountability

ING Bank is accountable for all personal information in its possession or control, including any personal information transferred to third parties for processing. ING Bank has established procedures to comply with this Privacy Code, and has designated one or more persons to be accountable for compliance.

1. Senior management of ING Bank will have ultimate accountability for protecting personal information. Senior management has delegated the day-to-day management of procedures involving personal information protection to one or more persons.
   
   
2. ING Bank’s Privacy Office is responsible for overall personal information protection and ING Bank’s compliance with this Privacy Code. In addition, Bank Associates are able to respond to most inquiries about the protection of personal information.
   
   
3. ING Bank will allow the following categories of ING Bank employees to access individuals’ personal information in ING Bank’s control:
   
   Sales and Service Personnel;
   Marketing Personnel;
   Security Personnel;
   Audit Personnel;
   IT Personnel;
   Operations Personnel;
   Legal and Compliance Personnel;
   Risk Management; and
   Credit and Lending Personnel.
   
   
4. ING Bank is also accountable for personal information that has been transferred to a third party for processing. ING Bank’s policies for safeguarding personal information transferred to third parties are set out in sections 7.4 and 7.5 of this Privacy Code.
   
   
5. To practice the principles of this Privacy Code, ING Bank:
   
   • has established procedures to protect the privacy of personal information
   • has established procedures to receive and respond to questions and complaints;
   • gives the public access to this Privacy Code; and
   • has trained ING Bank staff to understand and follow ING Bank's procedures.
     
   
   ING Bank also oversees compliance with this Privacy Code through regular audits and other compliance procedures. Senior management reports to a committee of its Board of Directors regarding compliance with this Privacy Code.

Principle 2
Identifying The Purposes of Collecting Personal Information

ING Bank will identify the purposes of collecting personal information, before or when consent is provided.

1. Except as noted below, when an individual applies for a product or service, ING Bank will make the individual aware of the purposes for which ING Bank is requesting the personal information. If ING Bank identifies other purposes for which the personal information may be used, ING Bank will seek the individual’s consent prior to starting these uses. ING Bank will explain that it is the individual’s right to refuse permission for ING Bank to use personal information for any such other purposes.
   
   In some cases ING Bank will not explain those purposes or obtain the individual's consent. (See section 3.4 and section 5.1 for details).
   
   
2. ING Bank will clearly identify the purposes for which it is collecting personal information in writing, verbally (either in person or over the telephone), or by any other means it communicates with individuals.
   
   
3. Individuals can ask for information about the purposes for which ING Bank collects personal information when they phone or write to the Privacy Office.
   
   
4. Unless additional purposes are identified to an individual before or at the time of collection, ING Bank will collect personal information (which may include credit, employment and other financially related information) for the following purposes:
   
   • to help identify new clients;
   • to determine the suitability of products or services for an individual or the eligibility of an individual for products and services;
   • to set up and manage ING Bank’s products and services offered by approved distributors that meet an individual's needs;
   • to offer products and services to meet those needs;
   • to provide ongoing service; and
   • to meet legal and regulatory requirements, such as requirements under the Income Tax Act and credit reporting requirements.
     
     
5. ING Bank takes care to explain purposes which are not as obvious as others. The purposes for collecting a name or address are obvious and do not need to be explained, but the purposes for collecting other information may not be as self-evident.
   
   ING Bank may collect, disclose and use personal information for some or all of the following purposes:
   
   • references are used to verify information on an application;
   • an individual’s date of birth (“DOB”) and other identifying information may be collected and used to verify the identity of a client and to protect the client and ING Bank from error or fraud. ING BANK may also collect and use personal information obtained from credit bureaus, credit reporting agencies, credit insurers and other financial institutions in order to help verify a new client’s identity;
   • a Social Insurance Number (“SIN”) is collected and used because the Income Tax Act requires it for the individual's income tax reporting. In addition, a SIN may be used to match credit bureau information to help verify the identity of a client;
   • personal information is exchanged with credit bureaus, credit reporting agencies, credit insurers, and other financial institutions, to maintain the integrity of the credit-granting process and to determine eligibility for financial products. In certain cases, individuals have a right to access their personal information in the control of these institutions. Individuals may contact our Bank Associates or the Privacy Office to find out how to access their personal information in the control of these institutions;
   • personal information is used by ING Bank to determine initial and ongoing eligibility for financial products and to notify the clients of such products by website, mail, e-mail or phone;
   • personal information including account details may be disclosed to an individual’s Financial Representative to allow account administration by the Financial Representative;
   • personal information may be collected, used and disclosed to investigate specific transactions or patterns of transactions for the purpose of detecting unauthorized or illegal activities;
   • personal information may be collected and used to ensure that a client’s instructions, through a Financial Representative, can be properly verified;
   • personal information may be collected, used and disclosed to investigate client complaints;
   • should an individual open an account to be operated on behalf of a third party, personal information of that third party will be collected from you in accordance with money laundering legislation; and
   • personal information may be used by ING Bank and disclosed to affiliates to satisfy regulatory reporting requirements and international banking standards.

Principle 3
Obtaining Consent

ING Bank will obtain consent before or when it collects, uses or discloses personal information about an individual. An individual can provide consent to the collection, use and disclosure of personal information about them expressly, implicitly or through an authorized representative.

ING Bank will collect, use or disclose personal information without an individual’s consent only in limited circumstances as permitted by law.

Subject to certain legal and contractual restrictions and reasonable notice, an individual can refuse or withdraw their consent to the collection, use or disclosure of personal information about them at any time.

1. ING Bank will obtain consent before or when it collects, uses or discloses personal information. Generally, ING Bank will seek consent to use and disclose personal information at the same time it collects the information. In some circumstances, ING Bank may identify a new purpose and seek consent to use and disclose personal information after it has been collected.
   
   
2. ING Bank will explain to individuals in plain language how personal information will be used or disclosed before they give their consent.
   
   
3. Consent to the collection, use and disclosure of personal information can be expressed, implied, or given through an authorized representative of the individual.
   
   • Individuals can express consent verbally, such as when information is collected over the telephone, in writing, such as when completing and signing an application or electronically, such as when applying through a computer.
     
   • Individuals can imply their consent, for example, by using an ING Bank product or service. In such a case, ING Bank may assume that the individual consents to the use of the personal information.
     
   • By applying for an ING Bank product through a Financial Representative, individuals consent to the disclosure of his or her account information and other related personal information to the Financial Representative(s) by ING Bank.
     
   • Individuals can also give consent through an authorized representative, such as a legal guardian or a person with a power of attorney. This may be necessary, for example, if ING Bank cannot obtain express consent from an individual who is a minor, seriously ill, or mentally incapacitated. Authorized representatives may also include an individual’s Financial Representative.
     
     
4. ING Bank may collect, use or disclose personal information without the individual’s knowledge and consent only in limited circumstances as permitted by law.
   
   • ING Bank may collect, use and disclose personal information without the individual’s knowledge or consent if it is clearly in the individual’s best interests to do so and consent can not be sought in a timely manner. An example of such a circumstance is when an individual is seriously ill.
     
   • ING Bank may collect, use and disclose personal information without individuals’ knowledge or consent in certain circumstances where the information is publicly available. An example would be the name, address and phone number of a subscriber to a telephone directory that is available to the public where the subscriber can refuse to have their personal information appear in the telephone directory.
     
     
5. Subject to certain legal or contractual restrictions and reasonable notice, an individual may refuse or withdraw consent at any time.
   
   • ING Bank will inform individuals of the consequences of refusing or withdrawing consent when individuals seek to do so. Refusing or withdrawing consent for ING Bank to collect, use or disclose personal information could mean that ING Bank cannot provide the individual with a product, service or information of value to the individual.
     
     For example, if an individual does not allow ING Bank to obtain a credit history report, ING Bank may not be able to lend money to the individual due to prudent lending practices, or other regulations.
     
     ING Bank, however, will not unreasonably withhold products, services or information from individuals who refuse to give consent or who withdraw consent.
     
     
   • ING BANK is required by law to collect certain types of personal information in order to verify the identity of its clients. If an individual does not allow ING BANK to collect and use this information, or if the client later attempts to withdraw their consent, ING BANK may not be able to open an account or maintain the account on behalf of that client.
     
   • Withdrawal of consent is not permitted in relation to a credit product where ING Bank must collect and report information after credit has been granted. This is to maintain the integrity of the credit system.
     
   • ING Bank will not deny credit to an individual solely because the individual does not provide a SIN for this purpose, but ING Bank may be unable to open a savings account or sell an individual a GIC or other interest-bearing instrument unless a SIN is provided.

Principle 4
Limits On The Collection Of Personal Information

ING Bank limits the amount and type of personal information it collects. ING Bank will collect personal information only for purposes it has already identified to the individual or as permitted by law. ING Bank will collect personal information using procedures which are fair and lawful.

1. ING Bank will collect only the amount and type of information needed for the purposes documented by ING Bank and identified to the individual.
   
   
2. ING Bank will collect personal information about an individual primarily from that individual. Except as permitted by law, ING Bank will only collect personal information from external sources if individuals have consented to such collection.

Principle 5
Limits On Using, Disclosing And Keeping Personal Information

ING Bank will use or disclose personal information only for the reasons it was collected, unless consent is given to use or disclose it for another reason.

Under certain exceptional circumstances, ING Bank may have a legal duty or right to disclose personal information without the individual’s knowledge or consent.

ING Bank will keep personal information only as long as necessary for the identified purposes.

1. ING Bank may disclose personal information without consent when required or permitted by law. Examples of such disclosure include:
   
   • Subpoenas, search warrants and other court and government orders;
   • debt collection or demands from other parties who have a legal right to personal information; and
   • disclosure of personal information to a lawyer (or, in Quebec, a notary or an advocate) who represents ING Bank
     
     
2. In any of the circumstances referred to in Principle 5.1, ING Bank will protect the interests of its clients by making sure that:
   
   • orders or demands appear to comply with the laws under which they were issued; and
   • ING Bank does not comply with casual requests for personal information from government or law enforcement authorities
     
     
   ING Bank may notify individuals that an order or demand has been received, if the law does not prohibit such notification. ING Bank may notify individuals by telephone, or by letter to the client's usual address.
   
   
3. ING Bank may want to use personal information in its possession or control to market products and services to individuals, through its independent network of approved distributors or affiliates. ING Bank will obtain the individual’s consent before using or disclosing personal information for this purpose.
   
   When an individual applies for a product or service and provides personal information, ING Bank will advise the individual that his/her personal information may be used by ING Bank to market other products and services to the individual.
   
   
4. ING Bank will collect health records only for specific purposes. Subject to anything herein, ING Bank will not disclose health records to subsidiaries or affiliates, and vice versa. For example, ING Bank will not use an individual’s health records collected by a subsidiary to help assess a loan application.
   
   
5. If personal information has been used to make a decision about an individual, ING Bank will keep the personal information long enough for the individual to have access to it after the decision has been made.
   
   
6. ING Bank will destroy, erase or make anonymous any personal information no longer needed for its identified purposes or for legal requirements.

Principle 6
Keeping Personal Information Accurate

ING Bank will keep the personal information in its possession or control accurate, complete, current and relevant, based on the most recent information available to ING Bank.

Individuals may challenge the accuracy and completeness of personal information about them and have it amended as appropriate.

1. ING Bank will make reasonable efforts to minimize the possibility of using inaccurate, incomplete or outdated personal information to make a decision about the individual.
   
   
2. ING Bank will update personal information only if it is necessary for the purposes for which it was collected.
   
   
3. ING Bank will make reasonable efforts to keep personal information in its possession and control accurate and current if the information is used on an ongoing basis, unless limits on the need for accuracy are clearly set out by ING Bank.
   
   
4. ING Bank will also rely on individuals to keep certain personal information relating to them accurate, complete and current. If an individual demonstrates to ING Bank that personal information relating to them is inaccurate, incomplete, out of date or irrelevant, ING Bank will revise or delete the personal information. If necessary, ING Bank will disclose the revised personal information to any third parties to whom ING Bank disclosed wrong or outdated information in order to permit them to revise their records.
   
   
5. If ING Bank does not agree to revise personal information as requested by the individual, the individual may challenge ING Bank's decision. ING Bank will make a record of this challenge, and, if necessary, disclose the challenge by the individual to any third parties to whom ING Bank has disclosed the personal information.

Principle 7
Safeguarding Personal Information

ING Bank will protect personal information with safeguards appropriate to the sensitivity of the information.

1. ING Bank will safeguard personal information in its possession or control from loss or theft and from unauthorized access, disclosure, duplication, use or modification.
   
   
2. The safeguards employed by ING Bank to protect personal information will vary depending on the sensitivity, amount, distribution, format and storage of the personal information. ING Bank stores most of your information electronically, recent paper records containing individuals' personal information are stored in files kept onsite at our Toronto head office, and older records containing individuals' personal information may be stored at an offsite storage facility. ING Bank will give the highest level of protection to the most sensitive personal information.
   
   
3. ING Bank will safeguard personal information in its possession or control through security measures. For example:
   
   • physical security, such as secure locks on filing cabinets and restricted access to offices;
   • organizational security, such as controlled entry in data centres and limited access to relevant information; and
   • electronic security, such as passwords, personal identification numbers and encryption.
     
     
4. ING Bank may transfer personal information to third parties for processing, including printing cheques, market research, data processing services, collection, or for other goods and services. ING Bank will require these third parties to safeguard all personal information in a way that is consistent with ING Bank's measures and/or as regulated by law.
   
   When ING Bank contracts with third parties, they are given only the information necessary to perform the services as set out in the contract. The third parties are prohibited from storing, analyzing or using the personal information transferred by ING Bank for any other purpose. The third parties are required to protect personal information transferred by ING Bank in a manner that is consistent with privacy policies and practices established by ING Bank
   
   
5. ING Bank may disclose personal information to businesses such as credit bureaus, credit insurers and lenders with the individual's consent. ING Bank relies on the added protection of credit reporting legislation to ensure that credit bureaus protect personal information which is disclosed to them.
   
   
6. ING Bank will use care when disposing of or destroying personal information in order to prevent unauthorized access to the information.
   

Principle 8
Making Information About Policies And Procedures Available To Individuals

ING Bank will be open about the procedures used to manage personal information. Individuals will have access to information about these procedures through ING Bank’s Privacy Code, by contacting our Bank Associates or by writing to the Privacy Office. The information will be available in a format that is easy to understand.

1. ING Bank will make this Privacy Code available to the public.
   • Paper copies of this Privacy Code will be mailed to all new clients; and
   • An electronic version of this Privacy Code is available on ING Bank’s website at www.ingfas.ca or www.ingsrf.ca.
     
     
2. Information about this Privacy Code will be available in a format that is easy to understand.
   • ING Bank has produced a summary of this Privacy Code at the beginning of this document and at www.ingfas.ca and www.ingsrf.ca
   • The contact information of the Bank Associates and the Privacy Office are provided in the summary as in this Privacy Code, so individuals know where to address complaints and questions about ING Bank’s personal information policies and procedures.
     
     
3. ING Bank may make information about its procedures available in a variety of ways, depending on the nature of the services individuals are using and the sensitivity of the personal information.
   • ING Bank may make brochures available on premises, mail or e-mail information to its clients, establish a toll-free telephone service or provide on-line access

Principle 9
Access To Personal Information

When an individual requests it, ING Bank will advise what personal information ING Bank has in its possession or control about the individual, what it is being used for and to whom it has been disclosed.

When an individual requests it, ING Bank will give the individual access to personal information about them which is in the possession or control of ING Bank. In certain exceptional situations ING Bank may not be able to give individuals access to all of the personal information about them.

1. An individual has the right to know, on request, what personal information about the individual ING Bank has in its possession or control, a right to access that personal information and to know to which third parties ING Bank has disclosed that information. Individuals may direct their requests by telephone to the Bank Associates or, in writing, to the Privacy Office.
   
   
2. ING Bank has established procedures for responding to requests for access to personal information. Individuals must be specific about the personal information that may be in ING Bank's possession or control. In the unlikely event that ING Bank determines that there will be a cost to the individual in granting such access, ING Bank shall inform the individual of the costs permitted by law prior to granting such access.
   
   
3. ING Bank will identify from whom it collected the personal information, to whom it has disclosed the personal information, and how and when the information was disclosed. ING Bank will take this data from its records, and will provide it to the individual in a form that is easy to understand, providing explanations for abbreviations and policies. ING Bank will provide the personal information and the above data to the individual within a reasonable time.
   
   
4. In some cases, ING Bank may not provide access to personal information that is in its possession or control. This may occur when:
   
   • providing access to personal information would be likely to reveal personal information about a third party;
   • providing the personal information could result in a threat to the security of another individual;
   • disclosing the information would reveal confidential commercial information;
   • the personal information is protected by solicitor-client privilege;
   • the information is the result of arbitration or other formal dispute resolution process; or
   • the information has been collected for the purposes of a legal investigation
     
     
5. ING Bank will not record in individual files when personal information was disclosed to third parties for routine purposes. For example:
   
   • reporting to Revenue Canada (T5 and other reports);
   • regular updating of credit information to credit bureaus; and
   • indicating to third parties when cheques are returned for NSF (not sufficient funds)
     
     
6. If ING Bank denies the individual's request for access to personal information, ING Bank will advise the individual of the reason for the refusal. The individual may then challenge ING Bank's decision.

Principle 10
Handling Individuals’ Complaints And Questions

Individuals may challenge ING Bank's compliance with this Privacy Code. ING Bank will have policies and procedures to receive, investigate, and respond to individuals' complaints and questions.

1. ING Bank has policies and procedures to receive, investigate, and respond to individuals' complaints and questions relating to privacy. Individuals are advised to direct their complaints and questions by telephone to the Bank Associates or in writing to the Privacy Office.
   
   
2. ING Bank will investigate all complaints. If it finds a complaint justified, ING Bank will attempt to resolve it. If necessary, ING Bank will modify its policies and procedures to ensure that other individuals will not experience the same problem.
   
   
3. If individuals are not satisfied with the way ING Bank has responded to their complaint, they can contact the Office of the Superintendent of Financial Institutions, the Ombudsman for Banking Services and Investments, or the Federal Privacy Commissioner.
   

Print Privacy Code