Schedule E – Confidentiality/Privacy

• Document Access: The Client acknowledges that, to enable the Consultant to provide the Services, and to enable EuroPassport to help the Client obtain Citizenship by Descent and any related citizenship registration, civil status, identity document, passport, travel document, residency, consular, administrative, judicial, translation, authentication, legalization, apostille, courier, payment, and follow-up services connected with that process, the Consultant will require ongoing access to family history data, records and documents, whether in paper or electronic form, including anything set out in Lineage Documents as defined above in Section 1.1 (Family History Documents) of Schedule A – Scope of Work, together with any other personal information, supporting records, identifiers, communications, correspondence, forms, signatures, images, audio, video, government-issued documents, financial and payment details, and sensitive personal information provided by or about the Client and any included family member (“Client Data”). The Client shall grant the Consultant such access to Client Data as may reasonably be required for Consultant to perform the Services. The Client hereby permits the Consultant to collect and use the Client Data for such purpose.
• Confidentiality: The Consultant agrees to keep all Client Data confidential and shall refrain from disclosing any Client Data to any person save and except as contemplated in this Agreement, any Pricing Documents, the Consultant’s privacy policy, as reasonably necessary to provide the Services and related citizenship and passport services, or with the written consent of the Client.
• Exception – By Law: Despite Section 2 (Confidentiality) in this Schedule, the Client acknowledges and understands that Consultant will not keep Client Data confidential and will inform the appropriate authorities in the event that:
  • .1 Statutes, etc.: The Consultant is required to disclose Client Data under any statute, regulation, rule, by-law, ordinance or other legal requirement binding on the Consultant under the laws of the jurisdiction governing this Agreement;
  • .2 Court Order: The Consultant is required to disclose Client Data pursuant to valid court order, or similar order from any governing authority, issued by a tribunal, court, agency or other body of competent jurisdiction; and
  • .3 Criminal Activity: After reviewing the Client Data, the Consultant has reasonable grounds to believe that one or more individuals are involved in activity that could constitute an offence under any Canadian federal or provincial statute or regulation, including (without limiting the generality of the foregoing) the Criminal Code of Canada, the Income Tax Act (Canada), the Human Rights Code (Ontario) or the Occupational Health and Safety Act (Ontario).
• Exception – Safety: Despite Section 2 (Confidentiality) in this Schedule, the Client acknowledges and understands that Consultant will not keep Client Data confidential and will inform the appropriate authorities in the event where there is a reasonable basis to conclude that there is a likely risk of danger, bodily harm or death to any individual (which includes the possibility of self-harm).
• Return of Client Data: When this Agreement terminates, all original paper information (including Client Data) in paper form that belongs to the Client and is then in EuroPassport’s possession shall, on written request and subject to applicable law and any lawful right of retention, be returned to the Client or dealt with in accordance with the Client’s written directions. For clarity, where this Agreement remains in force due to non-payment by the Client of the Price (or any portion thereof), EuroPassport shall be entitled to retain the Client Data (including any Lineage Documents in paper form) until the Client pays EuroPassport in full. The Client acknowledges that EuroPassport shall be entitled to retain Client Data in electronic form, and copies or records of Client Data in any form, in accordance with its privacy policy (referenced in Section 6 (Privacy) below), along with any applicable internal document storage, legal, compliance, fraud prevention, accounting, evidentiary, backup, and dispute-resolution policies. Despite the foregoing, as contemplated in its privacy policy, at the Client’s written request EuroPassport shall provide the Client with any personal information relating to the Client that EuroPassport finds in its records, subject to applicable law.
• Privacy: When collecting, using and disclosing any personal information (whether or not such information is confidential) the Consultant agrees to comply with the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) and any other applicable legislation governing privacy. The Client acknowledges that EuroPassport will be collecting, using, disclosing, transferring, retaining, and otherwise processing all Client Data (which includes personal information as defined in PIPEDA) in accordance with the PIPEDA-compliant privacy policy set out on the EuroPassport Website (https://europassport.ca/). The Consultant shall implement and use systems to protect personal information that meet or exceed the standards set out for such systems in PIPEDA. Without limiting the foregoing, the Client acknowledges and agrees that EuroPassport may process Client Data on an ongoing basis for client intake; eligibility screening; genealogical and document research; case assessment; obtaining records and certificates; translation; notarization; authentication; apostille and legalization; communications; billing and collections; fraud prevention; identity verification; quality assurance; training; technology administration; recordkeeping; service improvement; marketing where permitted by law; legal compliance; dispute resolution; and the provision, management, support, and follow-up of citizenship, passport, and related services for the Client and included family members. The Client further acknowledges that Client Data may be disclosed to and processed by Third Party Contractors, government authorities, consulates, courts, tribunals, public registries, notaries, translators, payment providers, couriers, and other service providers or counterparties involved in the Services, including recipients located outside Canada and outside the Client’s jurisdiction, where reasonably necessary for the foregoing purposes. Where a European Lawyer receives Client Data for the purpose of providing legal advice, legal representation, or carrying out activities subject to that lawyer’s professional and legal obligations, the European Lawyer shall act as an independent controller of such Client Data. Where a European Lawyer or other service provider processes Client Data solely on EuroPassport’s behalf for administrative, coordination, or other non-legal purposes, that recipient may act as EuroPassport’s processor or sub-processor to the extent permitted by applicable law. The Consultant shall implement and use systems to protect personal information that meet or exceed the standards required by applicable privacy law.
• Third Party Disclosure: The Client hereby consents to EuroPassport using said Client Data in accordance with that policy. The Client also acknowledges that EuroPassport may, from time to time throughout providing the Services, disclose Client Data to one or more Third Party Contractors (as that term is defined above in Section 3 (Outside Experts) of Schedule A – Scope of Work). Said Third Party Contractors shall be deemed a third party for processing as contemplated in PIPEDA Schedule 1 at section 4.1.3.