Canada Tax Help Corporation Website Privacy Policy
Canada Tax Help Corporation wants you to understand how we use the information you provide to us.
Last Updated: June 10, 2020 (the “Effective Date”)
Canada Tax Help Corporation wants you to understand how we use the information you provide to us. Canada Tax Help Corporation (“CTH”, “we”, “us”, or “our”) is sensitive to your concerns about how we use the personal information we collect from you and about you. We respect and take your privacy seriously. This privacy policy (the "Policy") and internal policies and practices have been implemented to keep your personal and financial information secure. Before you access or use our Website or Platform, please read this Privacy Policy carefully.
Please review this Privacy Policy carefully, as it may have changed since you last visited our Website. Please be advised that CTH may amend this Privacy Policy from time to time and, if we do, we will provide conspicuous notice on our Website and update the Effective Date at the top of this page. Any amendments to this Privacy Policy will be effective as of the updated Effective Date. By accessing or using the Platform on or after the updated Effective Date, you indicate to us that you consent to the amendments.
In this Policy, the words "you" and "your" refer to each customer, Client, Website visitor, or Application user. For the purposes of this Policy, “Personal Information” means personally identifiable information about you or your Organization, or information that would allow someone to contact you, or any other information that is defined as such under applicable laws.
1. Introduction
2. Definitions
3. Applicability of this policy
4. Information we collect
5. How we use Information we collect
6. Payments Information and Services
7. Sharing and Disclosure
8. Your Choices & Rights
9. Termination
10. Confidentiality
11. Security
12. Changes to this Policy
13. Capacity to Contract
14. Severability
15. No Professional-Client Relationship
16. Contact Us
1. Introduction
This Policy covers our treatment of Personal Information we collect about you and describes our practices with respect to the collection, use and disclosure of Personal Information through our Platform. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy is incorporated into our Terms of Service, and therefore governs your use of our Platform. It is your responsibility to review this Policy.
By using our Platform (as the term is defined herein) or application plug-ins, you agree to follow and be bound by this Policy and consent to the practices described in this Privacy Policy and in our Terms of Service. By accessing or using the Website or Application, you acknowledge that you have read this Policy and that you agree that this Policy will constitute the entire agreement between you and CTH with respect to:
If at any time you find this Policy unacceptable or if you do not agree to any of the terms of this Policy, please do not use professional services over our Platform. If you have any questions about this Policy, please contact a member of our customer care team at: help@canadataxhelp.ca
2. Definitions
“Account” means a User account created for you by CTH on the CTH Website or Application or otherwise;
“Application” means, collectively, the CTH Website together with any applicable mobile, tablet, or other smart-device applications and application program interfaces and all associated services;
“Aggregate Information” means information about Users we collect to create information that is aggregated and anonymized information that cannot be used to identify any natural person or Organization (including a Firm), in order to develop statistics and analytics about our Platform and improve the experience for Users on our Platform and the delivery of all services through our Website or Application. Though Aggregate Information may be derived from Personal Information, it is not Personal Information because it cannot be used to identify any natural person or Organization.
“Client” means the individual or Organization that requested the Services determined as follows: (i) if the user has requested services for themselves, then Client means that individual who specifically requested the Services over the Platform; (ii) if the Account was created by a representative of an Organization, then the Client means that Organization;
“Code” means the code(s) of ethical or professional conduct applicable to the professional in the jurisdiction in which Professional Services are provided;
“Default Retainer” means the most recent version of the standard retainer applicable to the provision of professional services to you by a Professional over our Platform on our Website and found at the following link: Standard Retainer
“CTH” means Canada Tax Help Corporation, a body corporate incorporated under the laws of Alberta, together with any affiliate or associate of such corporation and any successor of the foregoing; references to “we”, “us” or “our” are references to CTH;
“Professional” means the individual that the Client agreed to work with over the Platform based on the Client’s indication to “retain” such individual through the Application;
“Firm” means the partnership or limited liability partnership, or other Organization, in which a Professional practices, if and as applicable;
“Professional Services” means any legal, accounting, bookkeeping or other professional services contemplated by a scope of work provided by a Professional to a Client within a Quote or the description of the professional services, including any amended or supplemented services as may be requested by the Client and agreed to be delivered by the Professional over the Platform;
“Member” means any Client, Professional, Firm or other Organization that has an account with CTH;
“Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity;
“Platform” or “CTH Platform” means the Application, Website, and any associated services provided by or through CTH;
“Payments Data Controller” means the third-party payments service provider that is responsible for your Personal Information relating to the Payments Services which enables Clients to pay for Professional Services from Professionals over the Platform;
“Payments Services” means the services provided by the Payments Data Controller in order to complete financial transactions over our Platform via the application-programming interface provided by the Payments Data Controller;
“Terms of Service” means the most recent version of the CTH terms of service applicable to the Application as then posted on the Site at the following link: Terms Of Service
“User”, “you”, or “your” refers to the individual that has visited the Website or Application and requested the Professional Services over the Platform; and
“Website” means the CTH website located at www.canadataxhelp.ca and web-application, including any subdomains thereof, and any other websites through which CTH makes its services available.
3. Applicability of this policy
As indicated above, this Privacy Policy applies to Personal Information collected through our Platform. This Privacy Policy does not apply to third-party services, websites, or applications that we may link to through the Website. When you use one of these links to leave our Website, we encourage you to review the privacy policies that apply to the services, websites, or applications you choose to access.
Certain parts of our Platform that are made available to clients who have formally engaged a Professional over the Platform as legal counsel may be subject to additional terms and conditions, as well as additional privacy and data security provisions. In such cases, both this Privacy Policy and the additional terms will apply, including but not limited to a retainer or engagement agreement between you and a Professional, whether in the form of our Default Retainer or otherwise.
We will only use this Personal Information (i) for the purposes explicitly described to you at the time you provided us with the information; (ii) to respond to your inquiries about Platform Services or Professional Services; (iii) to evaluate a prospective attorney-client relationship between you and a Professional or Firm and what Professional Services we may be able to provide you over our Platform; (iv) to send you newsletters, publications, and other communications that may be of interest to you; (v) for internal business analytics, such as understanding the demographics of visitors to our Website; and (vi) to create Aggregate Information (defined below) that, after being aggregated and anonymized, can no longer be used to identify you.
4. Information we collect
(a) Information you give us which is necessary to use our Platform
CTH collects the following categories of information from you through the Platform:
We ask for and collect the following personal information about you when you use the CTH Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations and provide access to the Platform. Without it, we may not be able to provide you with all the requested Platform Services or Professional Services.
(b) Information you choose to give us
You may choose to provide us with additional personal information in order to obtain a better user experience when using CTH Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
(c) Usage Information – Information we collect from your use of the Platform
When you use the CTH Platform and the Payment Services, we may also automatically collect certain information regarding your access to and usage of the Website and Platform (“Usage Information”) about how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the CTH Platform and Payment Services. We collect such Usage through the device you use to access and use the Website. We also collect Usage Information by use of cookies and other tracking technology including but not limited to Google Analytics, Full Story, and One Signal (collectively, “Tracking Technologies”). Such Usage Information includes, but is not limited to:
We use Usage Information: (i) to improve and customize our Platform; (ii) to examine the effectiveness and response of visitors to information and content we put on our Platform; (iii) for business analytics purposes, such as determining usage patterns on certain pages or features on our Platform; (iv) for security and maintenance purposes; (v) from Tracking Technologies as described below; (vi) to create Aggregate Information (defined below); and (vi) other uses consistent with applicable law.
CTH and its third-party vendors (including Google Analytics, who provides additional privacy notices here) may use Tracking Technologies, such as cookies and pixel tags, to collect Usage Information. “Cookies” are small files that are saved onto your device or browser through your web browser that allow us to collect certain Usage Information, and “pixel tags” are tiny graphics with unique identifiers that are embedded on the Site that allow us to collect certain Usage Information. Tracking Technologies do not, by themselves, collect Personal Information; however, we may use Tracking Technologies to, for example, identify that the device you are using has accessed certain parts of the Site and may associate that information with Personal Information you have voluntarily provided us.
Please note that you have choices with respect to the use of Tracking Technologies and may, in some instances, disable them depending on your preferences. Please see “Managing Your Information”, below, for more information.
(d) Information from Third Parties
CTH and the Payments Data Controller may collect information, including Personal Information, that others provide about you when they use the CTH Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the CTH Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your Personal Information to us should be directed to such third parties.
Information from Third Parties could include, but is not limited to the following:
5. How we use Information we collect
We may use, store, and process personal information to (1) provide, understand, improve, and develop the CTH Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with our policies) and (3) provide, personalize, measure, and improve our advertising and marketing.
(a) Provide, Improve, and Develop the CTH Platform
We may use the Personal Information to provide, improve, and develop the Platform such as to:
We process this personal information for these purposes given our legitimate interest in improving the CTH Platform and our Users’ experience with it, and where it is necessary for the adequate performance of the contract with you.
(b) Create and Maintain a Trusted and Safer Environment
We may use the personal information to create and maintain a trusted and safer environment such as to:
We process this personal information for these purposes given our legitimate interest in protecting the CTH Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
(c) Provide, Personalize, Measure, and Improve our Advertising and Marketing
We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
6. Payments Information and Services
(a) Collection of information necessary for the use of Payment Services
The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
Other than as is necessary for the use of our Platform as described in section 4(a) above, we do not collect or store any Personal Information related to the Payments Services. All Personal Information is collected, sored and managed by the Payments Data Controller, which has its own Privacy Policy. To access the information regarding the policies of the Payments Data Controller, please visit the Payments Data Controller web site.
To the extent we collect Personal Information related to Payments, this Privacy Policy also applies to the Payment Services provided to you by Stripe. When using the Payment Services, you will be also providing your information, including personal information, to one or more Stripe entities, which will also be the Payments Data Controller of your information related to the Payment Services.
(b) How the Payments Data Controller uses the Personal Information Collected
We may use or provide Personal Information to the Payments Data Controller as a part of Payment services such as to:
The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
7. Sharing and Disclosure
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your CTH Account or when you participate in promotional activities conducted by our partners or other third parties.
(a) Advertising and Social Media; Sharing With Your Consent
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the CTH Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal information are not controlled or supervised by CTH. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.
Please note that you may, at any time ask CTH to cease processing your data for these direct marketing purposes by sending an e-mail to help@canadataxhelp.ca.
(b) Sharing between Professionals and Clients
To help facilitate bookings or other interactions between Professionals and Clients, we may need to share certain information, including Personal Information, with Professionals over our Planform, as it is necessary to enable you to obtain Professional Services over our Platform and ensure adequate performance of the contract between CTH and its Users. This includes the following disclosure of information:
We do not share your billing and payout information.
(c) Profiles, Listings, and other Public Information of Professionals
The CTH Platform lets Professionals publish information, including Personal Information, that is visible to the general public. For example:
Based on our legitimate interest to promote the CTH Platform we may display parts of the CTH Platform (e.g., your Profile page or Professional Services) on sites operated by CTH’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the CTH Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
(d) Additional Services used by Professionals
Professionals may need to use third party services available through our Platform to assist with managing their Professional Services or providing additional services requested by you, such as a calendar provider, accounting software, or legal practice management software. Professionals may use features on the Platform to share information about a Client (like organization name, file number, account number, general nature of matter) with such third party service providers for the purposes of coordinating the delivery of Professional Services. Professionals are responsible for third party service providers they use and ensuring those service providers process and maintain Client information securely and in compliance with applicable law including, but not limited to, data privacy and data protection laws, professional codes of conduct or ethics, and law applicable to solicitor-client or lawyer-client privilege.
(e) Compliance, Professional Requests, Preventing Harm and Protection of our Rights.
CTH, either directly or through its Payments Data Controller, may disclose your information, including Personal Information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against CTH, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our Users to legal liability, (iv) to enforce and administer our Terms of Service, payment terms, or other agreements with Professionals, Clients or other Users, or (v) to protect the rights, property or personal safety of CTH, its employees, its Professionals, Clients, or members of the public. For example, Professional or Firm tax information may be shared with tax authorities or other governmental agencies. For the avoidance of doubt, we will only provide disclosure to the extent necessary and will not disclose any information which is properly the subject of our common interest in protecting solicitor-client privilege between Professionals and Clients on our Platform, including information which specifying which Professional represented you or your Organization.
Such disclosure may be necessary to comply with our legal obligations, for the protection of your or another person's or Organization’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the CTH Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Professionals or Clients about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon our property, our Members and our Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
(f) Service Providers
CTH may use a variety of third-party service providers to help us provide services related to the CTH Platform, including, but not limited to, Payments Services. Service providers may be located inside or outside of Canada, the United States or the European Economic Area (“EEA”). In particular, our service providers may be based in Europe, India, Asia Pacific or South America.
For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of Professional Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the Personal Information and only use the personal information in accordance with our instructions, and only insofar is necessary for the provision of required services.
We will need to share your information, including Personal Information, if necessary, in order to ensure the adequate performance of our contract with you.
8. Your Choices & Rights
(a) Limiting Information Collected and Opting-out
You have choices with respect to the promotional messages that you choose to receive.
You may exercise any of the rights described in this section by sending an email to help@canadataxhelp.ca. Please note that we may ask you to verify your identity and request before taking further action on your request.
(b) Managing your Information
You may access and update some of your information through your Account settings. If you have chosen to connect your CTH Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
(c) Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within CTH Account).
(d) Data Access and Portability
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and request us to transmit this information to another service provider (where technically feasible).
(e) Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your Personal Information:
(f) Withdrawing Consent and Restriction of Processing
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to CTH specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 8(g) and pending the verification whether the legitimate grounds of CTH override your own.
(g) Objection to Processing
In some jurisdictions, applicable law may entitle you to require CTH and the Payments Data Controller not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing CTH and the Payments Data Controller will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask CTH to cease processing your data for these direct marketing purposes by sending an e-mail to help@canadataxhelp.ca.
(h) Lodging Complaints
You have the right to lodge complaints about our data processing activities by filing a complaint with us. Please see “Contact Us” section below.
9. Termination
This Agreement will automatically terminate without any further act or communication by either the Professional or the Client when the Professional has completed the Services set forth in Section 3(a) herein and the Client has made payment for such Services. The Professional will not provide further services to the Client without entering into a further written agreement outlining the nature and scope of those Services.
10. Confidentiality
Your Professional is obligated at all times to preserve the confidentiality of Personal Obligation you disclose over the Platform, subject only to applicable law and that Professional’s professional and ethical obligations. Information that you share with your Professional over the Platform in connection with the provision of Professional Services is subject to solicitor-client privilege.
This duty of confidentiality includes, under applicable professional rules, that the Professional’s must not disclose having been consulted or retained by you about this matter unless you consent to our doing so. Our acceptance of this matter is on the basis that you consent to our disclosing to third parties from time to time that we represented you in this matter and to our disclosing to third parties a general description of the matter. Such disclosure would not in any way extend to any sensitive information or to any details beyond a general description of the transaction.
Because your Professional owes this duty of confidentiality to all clients, the Professional will not disclose to you information held in confidence for others (even where such confidential information would be relevant to that Professional’s representation of you) or disclose to others information the Professional holds in confidence for you (even where such confidential information may be relevant to the Professional’s representation of other individuals or Organizations).
11. Security
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your CTH Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your CTH Account, please contact us following the instructions in the Contact Us section below.
12. Changes to this Policy
CTH reserves the right to modify this Policy at any time and from time to time in accordance with this provision. If we make changes to this Policy, we will post the revised Privacy Policy on the CTH Platform and update the “Last Updated” date at the top of this Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Policy becomes effective, your continued access to or use of the CTH Platform will be subject to the revised Policy and you will be deemed to have consented to the revised Policy.
13. Capacity to Contract
The Client hereby represents and warrants: (i) if the User is the Client, that you are of the minimum legal age capable of forming a binding contract in the jurisdiction in which the Client is resident; and (ii) if the Client is an Organization, that the User has all authority and capacity to contract on behalf of the Client.
14. Severability
If any term, provision, covenant, or condition of this Policy is held invalid or unenforceable for any reason, the remainder of the provisions shall continue in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
15. No Professional-Client Relationship
CTH is not a law firm or accounting firm or consulting firm and may not perform legal or accounting or consulting services directly. CTH provides an online Platform to give users a general understanding of their options in dealing with tax matters in Canada and allows clients to connect and work with a network of lawyers, accountants, bookkeepers and other professionals over our Platform. The Website and Application may include general information on commonly encountered legal or tax issues. However, we do not directly provide legal, accounting or tax advice and at no time do we review the answers or services of any professional for sufficiency and effectiveness, draw legal conclusions, provide professional (including legal or accounting or tax) advice, documents, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.
16. Contact Us
If you have any questions or complaints about this Policy or our information handling practices, you may email us at help@canadataxhelp.ca.