What personal information we collect about our clients? We collect your name, address, postal code, email address, case assignment, payment card number, payment expiry, firm name and your title and customer satisfaction information.
Why do we collect this information? So that we can enter into a business relationship and work on your behalf.
Who has access to this information? Janie A. Duncan is the only individual that has access to this information. No other associates, staff or investigators have access to client file information.
What happens to this information if I decide not to engage your services? This information is deleted from our records permanently.
Who has access to your client file retentions? Janie A. Duncan is the only person that has access to this information. All our files, including our accounting software is managed by passwords and software security with an audit trail of access.
How much personal information does your firm collect from your clients? Under the privacy legislation, we advise our clients why we are collecting the personal information and we only collect the personal information for the purpose of carrying out our assignment.
Is the information that I send to your firm safe while transmitting over the internet? Yes, the site was designed to protect confidential data sent between the web servers and browsers over the internet using a secure socket layer that works by using a key to encrypt data.
We spoke to some of your competitors and they said they have back-door connections. Is this the case with your firm? No, all our investigations are conducted in a legal manner.
What happens if there is a conflict? Before we engage in any business transaction, we will check with our investigation software to determine if there are any matches on our system that would pose a conflict. We will conduct a name search. If we find a match, we will advise you there is a conflict. We will not discuss this with any third parties.
How long do you retain our files? We will retain your files as long as necessary. It is unlikely that a due diligence matter will go to court. We will generally discuss this with our client at the onset to determine how long they would wish to retain the information.
Are we violating the federal privacy legislation if we hire you to conduct a due diligence investigation?
Under the Federal Privacy Legislation, there is an exemption with respect to business transactions. This means that businesses are permitted to to carry out due diligence investigations without the consent of the other party for prospective and completed business transactions. However, in order to consider this exemption, the buyers must ensure that the collection and the disclosure of the information is limited to, and for the sole purposes of gathering information for the business transaction. Therefore, any information we gather, must be specific for the purposes of the merger or acquisition. We will ensure that we provide this to you in writing, as part of our specific privacy policy relative to these matters. These policies are not posted on line. However, we maintain them in our software, to ensure we are abiding by the Federal Privacy Legislation. However, in certain circumstances, especially when we are requesting disclosure from financial institutions or other government agencies, we will be required to have written consent of the seller. We have these forms on file.
What happens if you are gathering information about third parties; such as customer and client lists? In this particular area, we would require the consent of the customer or client to collect and release information. I think it would be wise to advise your clients of your intent to sell, as this is good business ethics.
Can you disclose the information that you gather on our behalf, without the consent of the other party? Yes, we can provide you disclosure of our investigation without the consent of the other party. If the information that we gather is a matter of public record, then we do not require the consent for collection or disclosure of the information, as in these circumstances, there is no reasonable expectation of privacy.
What happens if you discover evidence that is not favorable to the other party and we make a determination not to engage in any business relationship. Do we have to disclose the information that you uncovered to the other party, providing the they are aware of your involvement? Generally, at the onset of any due diligence, there is a letter of intent which will include a clause to carry out a due diligence investigation. In these circumstances, the other party will obviously be aware of our involvement. If the other party requests the reasons why you decided not to enter into a business transaction, it would only seem fair to them to offer the reasons for not completing the deal. The other party is entitled to know, in order to ensure the accuracy of the information that we gather. However, all our evidence that we disclose to you, will be solely based on factual information and reports to confirm our data.
What should we do with your evidence, if we decide not to proceed? After you have made a determination not to engage in a business transaction, you should shred our evidence, as you should only retain the information as long as necessary. However, if the other party seeks to have a copy, you should provide them with a copy.
Legal Disclaimer:
Links on this site are provided as a courtesy and in no way shall be interpreted as an endorsement.
Duncan Investigations Inc. (1989) Inc. assumes no liability for the use of any information posted here or for the use of any product or service described herein.
In no event shall Duncan Investigations (1989), Inc.,or its clients, employees, agents, suppliers or contractors be liable for any damages of any kind of defamation of character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income, loss of profit, damage to property, damage to reputation, damage to character, even if Duncan Investigations (1989) has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this web site or any other web site linked, affiliated or associated with Janie A. Duncan or Duncan Investigations Inc (1989).
Who should I contact about privacy issues - Janie A. Duncan
