Liberty Tax Service Inc. (“Liberty Tax”) is committed to providing reliable, timely, and accurate income tax returns to its customers across Canada. Consistent with the Canada Standards Act Privacy code, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and other applicable law, Liberty Tax is dedicated to maintaining high standards of confidentiality with respect to the personal information it collects from its customers.
Liberty Tax uses its parent company to assist in the delivery of services. Its parent company is located in the United States and therefore personal information may be transferred and retained in the United States and may be subject to US legislation.
If a question arises regarding access to your personal information held by Liberty Tax, or there is a concern about the manner in which Liberty Tax collects, uses, retains and discloses your personal information as one of Liberty Tax’s clients, please contact:
Director of Canadian Operations
Liberty Tax Service Canada
110 Riviera Drive, Unit #16
Markham, ON L3R 5M1
Toll free: (800) 790-3863 Ext. 8183
Fax: (866) 902-1245
“CRA” means the Canada Revenue Agency.
“Consent” means voluntary agreement with the collection, use, retention and disclosure of information for the purposes for which Liberty Tax’s services have been retained. Express consent is obtained explicitly, in writing, from the Customer.
“Collection” means any and all information obtained from the Customer for the purpose of providing the income tax return preparation and filing services of Liberty Tax. Collection also means any and all information obtained about the Customer from other third party sources such as Canada Revenue Agency for the purpose of providing income tax return preparation and filing services.
“Customer” means any individual that has retained Liberty Tax’s services.
“Disclosure” means making available Personal Information and business information about the Customer to third party government agencies or organizations outside of Liberty Tax.
“Organization” means a business, association, partnership, person, or trade union.
“Personal Information” means any information about the Customer, recorded in any form, that is identifiable to that individual either directly or by inference from the information, but does not include the name, title or address, or other information relating to the Customer’s business or place of employment.
“Transfer” means filing or otherwise transferring Personal Information and business information to or from a Liberty Tax location, Liberty Tax head office, Liberty Tax parent company in the United States or Canada Revenue Agency for the purposes consented to by the Customer.
“Use” means the tabulation of all information obtained from the Customer and other third party sources, as well as the preparation of all pertinent and relevant income tax and benefit reporting and filing all related and pertinent forms as required by Canada Revenue Agency (“Return”).
3. COLLECTION, USE & TRANSFER OF PERSONAL INFORMATION
Purpose: The purpose for the collection, use and transfer of a Customer’s Personal Information by Liberty Tax, its employees, and contracted employees, is to obtain all pertinent and necessary information for the preparation and filing of the Customer’s Return as required by CRA pursuant to the Income Tax Act.
Collection: Personal Information will be collected, to the extent possible, directly from the Customer. Where Personal Information is not available from the Customer, but may be obtained from a financial institution, government agency, or other third party source, Personal Information will be collected from those sources. Personal Information that is collected by, and about, the Customer is limited to only that information that is required CRA and the Income Tax Act for the preparation and filing of the Customer’s Return.
Use & Transfer: Personal Information that is collected in the preparation of a Customer’s Return will be transferred to Liberty Tax’s head office for final review, and may be transferred to its parent company in the United States for processing prior to electronic transfer to CRA. Personal Information is not otherwise used or disclosed to any third party organizations for any reason outside the purpose stipulated above. Any data that is aggregated for statistical or business monitoring purposes, will be rendered anonymous so as not to be identifiable to the Customer.
When a Customer signs the Information Return for Electronic Filing of an Individual’s Income Tax and Benefit Return, and signs the Customer Authorization form, the Customer consents and agrees to the following:
- Liberty Tax may collect, use, retain, disclose and/or transfer all Personal Information about the Customer for the purpose and in the manner set out herein;
- The Customer has a right to access or correct data collected by Liberty Tax;
- The Customer accepts the risks that may be associated with electronic transmission of their Return;
- Liberty Tax has the right to disclose Personal Information about the Customer to government or legal enforcement agencies if Liberty Tax determines that the Customer has provided false, misleading, or otherwise incorrect information for fraudulent or illegal purposes; and
- Liberty Tax may disclose Personal Information about the Customer if requested by an organization in the midst of any criminal investigation.
Liberty Tax endeavors to ensure that any Personal Information provided by its Customers, and in its possession, is accurate, current and complete as is necessary for the purposes for which the Personal Information is used and transferred. Upon notification by a Customer that the Personal Information collected and used by Liberty Tax requires correction or updating, Liberty Tax will endeavor to make the necessary corrections promptly. Personal Information contained in files that have been closed, or from prior year income tax returns, is not actively updated or maintained.
Liberty Tax retains Personal Information as long as Liberty Tax believes it is required to retain such information for the purpose of filing completed Returns and having such Returns available in the event that such information is required by Customer to respond to a request by CRA. After a Customer’s Return has been filed with CRA, the said Return and all Personal Information contained therein is stored at the Liberty Tax site where the Return was prepared or at Liberty Tax’s parent company’s main database in the United States to enable Liberty Tax to respond to any inquiries from Customer or CRA and for no other purpose.
Liberty Tax endeavors to maintain physical, procedural and technological security at its offices, head office, and information storage facilities to prevent any loss, misuse, unauthorized access, inadvertent disclosure or modification of Personal Information.
Liberty Tax further protects Personal Information by restricting access to Personal Information to those employees that have authorized access in order for Liberty Tax to provide its services to its Customers. Liberty Tax has a policy under which employee misuse of Personal Information is treated as a serious offence for which disciplinary action may be taken.
Regarding electronic transmission of Personal Information in the form of the Customer’s completed Return, there is no method of transmitting or storing data that is completely secure. Although Liberty Tax, its locations across Canada and its parent company, use all available technological security in the transmission of Customer’s Returns, all Internet transmissions are susceptible to possible loss, misrouting, interception and misuse.
8. ACCESS TO PERSONAL INFORMATION
Liberty Tax permits a Customer to access and review the Personal Information it holds about the Customer upon receipt of a written request to the Chief Privacy Officer.
Liberty Tax reserves the right to refuse access to Personal Information about a Customer where the information requested:
- Concerns another individual or Customer of Liberty Tax and no consent has been granted by that Customer for such access;
- May harm or interfere with law enforcement activities and other investigative functions of a body authorized by statute to perform such functions;
- Is subject to solicitor-client or litigation privilege; or
- Does not exist, is not held, or cannot be found by Liberty Tax.
Where Personal Information will not or cannot be disclosed, the Customer making the request will be provided with reasons for the non-disclosure.
Liberty Tax reserves the right to decline to respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the purpose for which the Personal Information was collected and used, the nature of the information being requested by the Customer, and the frequency with which the Customer repeats the same or similar access request.
To protect against fraudulent requests for access, Liberty Tax will require sufficient information or proof of identification from the Customer before granting access or making corrections to the Customer’s Personal Information.
Where a request for access to a Customer’s Personal Information is granted, Liberty Tax will endeavor to provide the information in question within a reasonable time and no later than 60 days following receipt of the written request and confirmation of the Customer’s identity. Liberty Tax may charge a nominal cost to the Customer making the access request to cover photocopying or mailing costs, if necessary.
Where a Customer requests deletion of Personal Information held by Liberty Tax, Liberty Tax reserves the right to refuse such a request to the extent that its retention of Personal Information is subject to CRA regulations and the Income Tax Act.
10. COMPLAINT PROCESS
Any concern or complaint by a Customer about a Liberty Tax location’s or employee’s management of the Customer’s Personal Information should be directed to the Chief Privacy Officer, in writing. All complaints received by the Chief Privacy Officer will be investigated promptly and the Customer will be advised of the results of the investigation. Where corrective or disciplinary action is indicated by the Chief Privacy Officer’s investigation, Liberty Tax will undertake to take such corrective and/or disciplinary action promptly.
If the Customer is dissatisfied with the answers received from the Chief Privacy Officer’s investigation, or feels that the corrective action taken by Liberty Tax is insufficient, the Customer may direct a complaint to the Federal Privacy Commissioner by writing to:
The Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario K1A 1H3