Last Updated: October 31, 2019
Epiq Class Action Services Canada Inc. and its related entities (“Epiq”,
“we” or “us”) are committed to the protection of your personal
information provided to us by mail or in connection with our website on
may be used, shared and safeguarded.
Scope of Policy
Epiq, as a third-party service provider acting on behalf of and under
the direction of our clients, may collect, use and disclose personal
information related to claims (the “claims data”), in order to provide
our claims management services on behalf of such clients.
Information Protection and Electronic Documents Act and other applicable
federal and provincial privacy laws relating to the protection of
personal information (collectively, “privacy legislation”). By visiting
our websites or otherwise providing us with personal information, you
are consenting to the collection, use and disclosure of your personal
any time. If we make changes, we will notify you by posting the updated
policy and revising the “Last Updated” date above. We will provide you
with reasonable prior notice of substantial changes in how we use your
information, including by email at the email address you provide. We
our website and to stay informed about our information practices and how
you can help protect your privacy.
Collection of Information
In the course of our business, Epiq may collect claims data and other
“personal information” (as defined under privacy legislation) from
claimants, clients and third parties. The claims data we collect on
behalf of our clients may include but is not limited to:
Identity information, such as name, address, email address and other
contact information for claimants and other related parties;
- Personal health information;
- Banking and financial account information;
Publicly available information about you, related parties, and other
related information related to your claim(s); and
Other information that you may disclose to or share with us online,
over the phone, or otherwise related to your claim(s).
We do not knowingly request or collect personal information from
children – persons under 13 years of age, or another age if required by
applicable law – without prior verifiable consent of his or her parent
or legal guardian. If we become aware that we have unknowingly collected
personal information about a child without verifiable parental or legal
guardian consent, we will delete this information from our records or
take reasonable available steps to de-identify the information.
How We use the Information
We generally use the claims data and other personal information we
collect for the following purposes:
To initiate, process, review, investigate, assess, validate, settle,
finalize, and otherwise administer claims, according to the terms and
conditions of the class action settlement agreements as approved by
For reporting, auditing and analytics purposes, including to provide
with reports on claims and to audit claims on behalf of its clients;
- To communicate with you regarding your claim(s);
- To verify your identity;
- To locate claimants with whom we have lost contact
For fraud detection and verification purposes, and to otherwise
protect us, our clients and others from fraud, error and other harm;
To improve our services and operations that we use to provide claims
management and related services, and to provide training to relevant
In order to comply with the law, a judicial proceeding, court order,
or other legal process, such as in response to a court order or a
- For any other purposes identified by our clients.
We may also use de-identified information and aggregate information
relating to claims for research, analytics, and related purposes.
How We Share Your Information
We will not disclose your personal information to any non-affiliated
third party without your prior consent, other than as provided below.
In carrying out the activities and purposes described above on behalf of
its clients, claims data may be processed by Epiq, including other
affiliated Epiq entities, who perform services or provide support
relating to the claims management services. Claims data and other
personal information we collect may also be disclosed to third parties
as set forth below:
Adjusters, assessors, valuators and service providers engaged by Epiq
to perform services or functions related to the claims management
Authorized representatives, consultants, research firms and other
third party service providers acting on our behalf, including cloud
storage providers, data analytics providers, research partners,
background check providers, consultants, lawyers, accountants and
other professional services providers.
Epiq may also disclose the claims data to its clients, who have control
over the claims data. In certain situations, our clients may be
government authorities subject to different privacy laws. Our privacy
policy does not apply to the practices of our clients or any third
parties and Epiq does not assume any responsibility for such practices.
We encourage you to review our clients’ privacy policies to determine
how your information will be treated.
We reserve the right to disclose your personal information as required
or permitted by law, in response to legal or regulatory process and law
enforcement requests by government authorities that have asserted a
lawful right to access such information, to our legal counsel, or as
necessary to protect the property, interests and rights of Epiq.
If Epiq or substantially all of Epiq’s assets are acquired, or in the
unlikely event Epiq were to go out of business or enter bankruptcy,
claimant data or other personal information may be transferred or
acquired by a third party. You acknowledge that such transfers may
occur, and that any acquirer of Epiq may continue to use your personal
from time to time).
We will not transfer your personal information across national borders
to fulfil any of the above purposes, including to the United States,
without your consent. All information collected by us will only be
stored and accessed in Canada.
information about individuals when they visit or interact with us
online. Cookies are unique identifiers, which are used to customize your
website experience. Most web browsers automatically accept cookies, but
you can usually change your browser to prevent or notify you whenever
you are sent a cookie. This gives you the chance to decide whether or
not to accept the cookie. We use the information in cookies to help us
improve our website and our services, and for fraud detection and
verification purposes. If you do not accept a cookie, there may be
limitations on your use of some site functions.
We use automated devices and applications operated by third parties,
including google analytics
(http://www.google.com/intl/en/policies/privacy/ ) to evaluate the usage
of our website and services, in order to improve our website and
services, performance and user experiences. These third parties may use
cookies and other tracking technologies to perform their services. We do
not share your personal information with these third parties, but they
may collect your IP address as part of their services.
Limiting Use, Disclosure, and Retention
Personal information will not be used or disclosed for purposes other
than those for which it was collected, except with the consent of the
individual or as required by law.
Pursuant to privacy legislation or our mandate or upon a client’s or
claimant’s direction, we will destroy, erase or anonymize documents or
other records containing personal information as soon as it is
reasonable to assume that the original purpose is no longer being served
by retention of the information and retention is no longer necessary for
a legal or business purpose. We will take due care when destroying
personal information and anonymizing documents so as to prevent
unauthorized access to, or reverse engineering of, the information.
How We Store and Safeguard Your Information
Epiq has implemented measures designed to secure personal information
from accidental loss and from unauthorized access, use, alteration, and
disclosure. All personal information is stored on our secure servers
Epiq’s security measures include:
Education and training to relevant staff to ensure they are aware of
our privacy obligations when handling personal data;
Administrative and technical controls to restrict access to personal
data on a ‘need to know’ basis;
Technological security measures, including firewalls, multi-factor
authentication, encryption and anti-virus software;
Physical security measures, such as staff security passes to access
our premises; and
Reasonable precautions for the disposal or destruction of personal
information that may consist of securely shredding physical documents
and deleting electronically stored information in a manner that
prevents it from being readily recovered.
While we strive to protect your personal information, we cannot ensure
or warrant the security of any information you transmit to us, and you
do so at your own risk. If we find out there has been a breach of our
security safeguards and there is a real risk of significant harm to you,
you will be notified unless otherwise prohibited by law.
Accessing and Correcting Your Personal Information
The personal information Epiq collects will be as accurate, complete and
up-to-date as is necessary for the purposes for which it is to be used.
We will, on an ongoing basis, take reasonable steps to ensure the
accuracy and completeness of personal information under our care and
control. Individuals who provide their personal information to Epiq must
do so in an accurate and complete manner. Our goal is to minimize the
possibility that inaccurate information is used to make a decision about
any individual whose personal information we process.
You may request access to, or the correction of the personal information
collected and processed by Epiq as part of the claim services,
information about the ways in which that information is being used and a
description of the individuals and organizations to whom that
information has been disclosed, by making a written request to our
privacy officer. You may be required to verify your identity. Because we
are acting for and on behalf of our clients, we will provide them with
your request and will work with them as needed to respond to your
request. In some situations, we or our clients may not be able to
provide access to certain personal information. This may be the case
where, for example, disclosure would reveal personal information about
another individual, the personal information is protected by
solicitor/client privilege, the information was collected for the
purpose of an investigation or where disclosure of the information would
reveal confidential commercial information.
We may also be prevented by law from providing access to certain
personal information. When an access request is refused, we will notify
you in writing, document the reasons for refusal and outline further
steps available to you.
Withdrawing Your Consent
You may withdraw your consent to the collection, use and disclosure of
upon reasonable notice to Epiq in writing, subject to legal or
Epiq has designated a privacy officer who is responsible for our
compliance with this policy. Any inquiries, complaints or questions
regarding this policy should be directed in writing to our privacy
officer as follows:
Epiq Class Action Services Canada Inc.
Suite 400-220 Laurier Avenue West
K1P 5Z9 Canada
If you believe the privacy legislation relating to the protection of
you may file a complaint with our privacy officer at the address listed
above. Epiq will investigate all complaints. If, after an investigation,
your complaint is deemed justified, Epiq will take appropriate steps to
correct the situation, including, if necessary, amending our policies
and practices. If you are not satisfied with the results of the
investigation or the corrective measures taken by Epiq, you may exercise
the remedies available under law by contacting the Office of the Privacy
Commissioner of Canada at the address below:
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, QC K1A 1H3