In order to serve you, ClearEstate must collect certain personal information. We realize that we receive sensitive personal information and we protect it taking into account that high level of sensitivity.
This Policy describes the practices followed by ClearEstate respecting the collection, processing and disclosure of personal information concerning ClearEstate’s customers and the estate managed by the executor.
ClearEstate only collects and uses personal information that is necessary for us to provide our services and for the executors to manage the estate. It corresponds to what is required by law. This includes the name of the deceased, the death certificate, the deceased’s date of birth and date of death, marital status, social insurance number, financial information concerning the succession’s assets and an ID number issued by the government. We must also collect the name of the executor, social insurance number, and ties with the deceased, the executor’s government identifier as well as the name of the beneficiaries, their ties to the deceased, their social security number and the beneficiaries’ government identifier.
Our platform collects personal information directly from the executor or through ClearEstate services if the executor seeks administrative support from ClearEstate to manage the succession.
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Unless we have your express consent or pursuant to a legal power, we will only disclose your personal information to organizations outside ClearEstate without your consent in the following limited circumstances:
As the personal information collected on our platform comes from the executors, executors will have to ensure it is accurate.
Executors are also responsible for informing ClearEstate of any significant change respecting the personal information relating to the succession over the course of the business relationship with ClearEstate.
If information is inaccurate or out of date, to obtain rectification, please submit a written request to our Privacy Officer at Privacy@clearestate.com. If the information in question must be corrected, erased or completed, ClearEstate will do so without delay. If required, we will send the modified information to the third parties having access to the information in question. ClearEstate undertakes to answer any request for rectification within 30 days from the date of receipt of the written request unless circumstances authorize ClearEstate to extend the time to do so. In such a case, ClearEstate will notify you, within 30 days from the date of the request, of the new time period and the reasons for the extension.
You are entitled to have access to the personal information ClearEstate holds relating to you. Requests for access can be sent in writing to our Privacy Officer at Privacy@clearestate.com.
ClearEstate undertakes to answer any request for access within 30 days from the date of receipt unless circumstances authorize ClearEstate to extend the time to do so. In such a case, ClearEstate will notify you, within 30 days from the date of the request, of the new time period and the reasons for the extension.
Access to your personal information is generally granted free of charge. However, ClearEstate may, in accordance with applicable law, charge fees by informing you of the approximate amount of such fees prior to fulfilling the request, keeping the cost minimal and provided you do not withdraw your request.
In certain situations, according to applicable law, ClearEstate may be prohibited from providing you access to your personal information. This is the case, for example, if providing access would reveal protected information such as information about another person.
If access cannot be granted to you, we will notify you in writing of the reasons for refusal.
ClearEstate implemented various means to ensure that your personal information is protected against the risk of loss and theft, as well as the risk of unauthorized access, communication, reproduction, use, modification or destruction. These means include physical, administrative and electronic (technological) measures, such as anti-viruses, strict access controls to information necessary to perform ClearEstate’s services on a need-to-know basis, security checks when hiring employees, security agreements and logging transactions to ensure their legitimacy. Employees are subject to mandatory annual cybersecurity training in order to maintain their access to ClearEstate programs and devices.
ClearEstate retains the personal information concerning you only for the time necessary to provide you our services, which includes minimal retention periods required by applicable law.
ClearEstate may process and archive your personal information in Canada, in the United States, depending on whether the succession is based in Canada or in the United States. Accordingly, only the governments, courts, law enforcement organizations or regulatory bodies of each country have access to your information stored in that country.
ClearEstate may also rely on third party service providers (for example, data hosting or payment processing providers) to ensure the management of one or several aspects of our business activities, including the processing or management of personal information. These service providers only store your personal information in Canada, the United States or Europe.
When we retain the services of an external company, we use contractual or other appropriate means to ensure that your personal information is protected in accordance with the law applicable to ClearEstate and is collected, processed, retained and destroyed in such a manner as to comply with this Policy.
If ClearEstate uses an automated decision system to make a prediction, recommendation or decision regarding your interests, it will provide you, at your request, with an explanation of the prediction, recommendation or decision and of how the personal information that was used to make the prediction, recommendation or decision was obtained.
The policies and procedures of ClearEstate intended to ensure the protection of personal information are updated on an ongoing basis. Please check back from time to time.
You may send your questions and concerns regarding the Policy to the Privacy Officer at Privacy@clearestate.com or call +1 888-572-0766 and select the privacy concern option.
The Privacy Officer will investigate each written complaint. If a complaint is justified, the Privacy Officer will take the necessary measures to settle it, including modifying the policy or its procedures for ensuring the protection of personal information, if warranted. In each case, the complainant will be notified in writing of the results of the investigation.