Privacy Policy

Privacy Policy Summary

We are committed to safeguarding your privacy and to process your information with transparency. The type of personal data we handle varies depending on the product or service you request and agree to. This Policy applies to our both existing and potential clients, as well as other individuals who visit our Website.

This Policy outlines how we process personal data. It applies to individuals, including authorized representatives, agents/signatories, or beneficial owners of legal entities.

In this Policy, your data may be termed as "personal data" or "personal information". Furthermore, actions such as handling, collecting, using, saving, protecting, and storing your personal data are collectively referred to as "processing".

For the context of this Policy, personal data encompasses information that identifies or could identify you, such as your name, address, or identification number.

When do we process your personal data

We process your personal data to provide you with optimal services and solutions, to engage in agreements, and to meet legal requirements. Our processing aligns with applicable laws.

This involves processing your personal data in the following situations:

• When you sign or consider signing an agreement for a financial product or service we offer, including transaction execution, and to complete our client acceptance process;
• To provide you with payment services, accounts, and electronic money solutions.
• For identification and authentication purposes.

We have legal obligations stemming from pertinent laws, such as those concerning Money Laundering, Taxation, and Electronic Communications, as well as oversight by various regulatory bodies. These laws mandate essential personal data processing activities such as credit checks, identity verification, tax reporting (FATCA/CRS), and anti-money laundering measures.
Additionally, we must protect our legitimate interests. We process personal data to uphold these interests, including:

• Ensuring our security, preventing unlawful use and losses, and safeguarding information and payment security.
• Analyzing feedback for product demand, advertising, and market research, provided you explicitly consent via Policy or affirmative action.
• Further developing and promoting payment products and services.

Your consent is obtained for processing your personal data, and you have the right to withdraw it at any time. However, any processing conducted before the withdrawal of consent remains unaffected.
What personal data do we process and their sources
We process different kinds of personal data obtained from you through different channels such as completed applications for product or service orders, document submissions, phone calls (where we inform you of any recording especially if it pertains to investment services as required by law), website and mobile app usage, and participation in online surveys.
Furthermore, we may lawfully collect and process personal data not only from you directly but also from other entities or third parties. Additionally, we may process personal data obtained from publicly available sources where permissible by law.
The personal data we may process pertains to existing or potential clients, or non-client counterparts in transactions involving our clients (e.g., account or payment authorizations by SWIFT, e-transfers) or authorized representatives/agents of legal entities. This data may include:

• Name, contact details (phone, email), address, identification information (ID card, passport), date of birth, nationality, marital status, employment status, income information.

When providing products or services to you, we may collect and process additional personal data, including:

• Current income and expenses, employment history, ownership of securities and property, personal debts, family and household information, details of other banking relationships, tax residency and ID, employment position (as indicated in corporate certificates of directors/shareholders).

Additionally, we may process data regarding the products and services you receive, your usage patterns, and preferences.
We recognize the significance of safeguarding children's privacy and only collect personal data related to children if we have obtained parental or legal guardian consent. For the purpose of this Privacy, "children" are individuals under the age of 18.
We only process special category personal data (e.g., sensitive data) when absolutely necessary to provide advice or offer financial products or services, and we will seek explicit consent unless legally authorized otherwise.
You have to provide us with your personal data
To establish a business relationship with you, it is necessary for you to provide us with your personal data. The quality of advice and products we can offer you greatly depends on our understanding of your profile. Additionally, we are mandated by anti-money laundering regulations to verify your identity before engaging in any contractual or business dealings with you. Hence, it's crucial that the information you provide is accurate, current, and truthful. Moreover, you are responsible for updating us about any changes in your personal data.
Please be aware that failure to provide the required data will prevent us from initiating or maintaining a business relationship with you, whether as an individual or as the authorized representative/agent or beneficial owner of a legal entity.
Who receives your personal data
Your personal data may be shared with our various departments and offices, as well as with other associates, third-party vendors, service providers, and suppliers, to fulfill our contractual and legal obligations.
Third parties entrusted with processing our personal data are bound by contractual agreements that include clauses pertaining to secrecy, confidentiality, and data protection, in accordance with the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) (PIPEDA).
Furthermore, we may disclose your personal data in the following circumstances:

• If legally required to do so.
• If authorized under our contractual and statutory obligations.
• If you have provided your consent.

These third parties include:

• Supervisory, regulatory, and public authorities.
• Retailers, banks, and other payment service providers when you use credit or payment cards, online banking services, or other payment methods. We save and use your personal information so that we can carry out payment requests or prepare account statements.
• Financial institutions like Acquiring banks, for international electronic money services, or for payment transfers requested by you.
• Entities involved in our anti-money laundering processes, such as credit reference agencies or tax authorities, when legally mandated.
• External legal consultants.
• Financial and business advisors, auditors, and accountants.
• Companies providing technological expertise, solutions, and support to facilitate our service provision to you, including payment facilitation.
• Purchasing, procurement, and website agencies.

The transfer of your personal data to processors located outside of Canada
Client personal data might be sent to countries beyond the borders of Canada. In other jurisdictions personal data may be accessed by the courts, law enforcement and national security authorities. This could be for purposes such as processing your payment or investment instructions, carrying out IT development, maintenance and support, or upon your explicit consent. We guarantee the protection of your rights and privacy during data transfers by adhering to standard agreements.
How do we treat your personal data for marketing activities
We might utilize your personal data sourced from the information you provide us or from data collected during your use of our services, including transaction details, to propose products or services we deem relevant to you.
We may only use your personal data for promotional purposes if we have obtained your explicit consent or if it aligns with our legitimate interests.
You retain the right to request cessation of marketing communications at any time by withdrawing your consent.
Profiling and automatic decisions using your personal data
Profiling involves the automated processing of your personal data. We want to clarify that we only engage in automated processing to provide tailored products and services, prevent money laundering, and streamline our pricing strategies. Automatic decisions are solely employed to, for instance, deter misuse.
Our personal data retention policy
We retain your personal data for as long as necessary based on the original purpose of collection and the duration of our business relationship with you (either as an individual or in relation to the legal entity you represent) to fulfill our contractual and legal obligations.
Upon termination of our business connection, we adhere to our data retention policy, outlined as follows:

1. Personal data of clients (individuals or authorized representatives/agents or beneficial owners of legal entities) will be retained, according to PIPEDA, for as long as necessary to fulfill the purposes for which it was collected.
2. If litigation or investigations are foreseeable regarding the services provided, the retention period will commence from the end of such period, following which the relevant retention period mentioned in (a) will apply.

Your data protection rights
You possess the following rights regarding the personal data we hold:

• Right to access and obtain a copy of the personal data concerning you in a structured, commonly used format, and to verify its lawful processing.
• Right to correction (rectification): If your personal data is inaccurate, incomplete, or irrelevant, you can request correction or removal.
• Right to erasure of your personal information: You can request the deletion of your personal data (known as the 'right to be forgotten') where there is no valid reason for us to continue processing it. This right also applies if you have objected to processing (see Object to processing below).
• Object to processing of your personal data: If we rely on legitimate interests for processing and you wish to object to processing. You also have the right to object to direct marketing, which encompasses profiling related to direct marketing.
• Right to request restriction of processing: You can ask us to suspend processing your personal data if it is inaccurate, unlawfully used but you prefer not to delete it, no longer relevant but may be required for legal claims, or while awaiting confirmation of legitimate grounds for continued processing.
• Right to data portability: You can request your personal data be transferred to other organizations, and we can transmit it directly to organizations of your choice.
• Rights related to automated decision making and profiling: You have the right not to be subject to decisions based solely on automated processing.
• Right to withdraw consent at any time: Your withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Please be aware that we shall continue processing your personal data if it is necessary or required by law to fulfill a contract. Additionally, the data protection legislation and any limitations or restrictions imposed by our business activities may affect your rights.
If you wish to exercise any of your rights or have any questions regarding the processing of your personal data, you can reach out to us by completing the online form at www.leskarpay.com, emailing us at info@leskarpay.com.
Right to lodge a complaint
If you feel that your concerns have not been satisfactorily resolved by us (info@leskarpay.com), you also have the option to lodge a complaint with the Office of the Privacy Commissioner.
Changes to this privacy policy
Please note that we reserve the right to revise or amend this Policy periodically.
We will indicate any changes by updating the revision date at the top of this page, serving as a notification method. Therefore, we recommend reviewing this Policy regularly to stay informed about how we safeguard your personal data.