Protecting your privacy is important to U.S. Bancorp (together with its subsidiaries, “U.S. Bank”). We want you to understand what information we collect, how we use it, and with whom the information is shared. This U.S. Bank Corporate & Commercial Banking Canada Privacy Agreement (this “Agreement”) sets out the information practices of U.S. Bank and may be amended from time to time (see Section VII “Additional Rights and Modifications” below for an explanation of how we will advise you of future changes).
In this Agreement, “Service” means any personal or business banking, insurance, brokerage or financial product or service offered by us; “we”, “our” and “us” mean U.S. Bank and includes any program or joint venture in which we participate; “Business” means any business, corporation, partnership, trust, estate, association or other type of organization; “you” and “your” means an individual customer or cardholder, or an individual officer, director, authorized person, partner, trustee, executor, member, employee or cardholder of a Business customer, who has made application to us for, enrolled in or signed an application in respect of any Service and includes any co-applicants, guarantors or personal representatives; “Company Parties” means the Business and any of its affiliates, subsidiaries, employees, officers, directors, partners, guarantors, proprietors, and/or owners; and “Personal Information” means information about any identifiable individual residing in Canada or having a mailing address in Canada and as such, it may include your transactions or your account that we obtain in connection with providing a Service, such as that described in the examples in Section IV: What Information We Collect below.
We are generally required to obtain your consent for: (i) the collection of Personal Information; (ii) the use of Personal Information; (iii) the retention of Personal Information; and (iv) the sharing of your Personal Information. Application for, our provision of, and each use of any applicable Service constitutes your continuing consent to the matters set forth in this Agreement as required by applicable law in any applicable jurisdiction.
Subject to legal, regulatory, and contractual requirements, you can refuse to consent to our collection, use, or disclosure of Personal Information about you, or you may withdraw your consent to our further collection, use, or disclosure of your Personal Information at any time in the future by giving us notice in accordance with Section VI: Retention of Information and Inquiry below. However, depending on the circumstances, withdrawal of your consent may prevent us from providing or continuing to provide you or an applicable Business customer with some Services or information that may be of value to you. You cannot refuse our collection, use, and disclosure of Personal Information required by us or thirdparty service providers that is essential for the provision of the Services or required by legal authorities or our regulators, including self-regulatory organizations.
We collect, use and disclose Personal Information so we can: (i) understand your needs, your eligibility for our Services and the suitability of our Services to you and deliver Services tailored for your needs or the needs of a Business customer; (ii) set up, manage, offer, issue, or provide to you or a Business customer a Service; (iii) know who you are in order to comply with applicable law in any applicable jurisdiction or to prevent unauthorized access to Personal Information or to any Service; (iv) process, authorize, and authenticate transactions or payments in respect of any Service; (v) provide customer services to you; (vi) design and improve the products we offer; (vii) comply with laws and regulations that we believe are applicable to us in Canada and other jurisdictions, including without limitation the rules of any self-regulatory organization; (viii) manage and assess our risks and collect a debt or enforce an obligation owed to us; (ix) prevent or detect fraud or criminal activity or to manage and settle any actual or potential loss in connection with fraud or criminal activity; and (x) respond to a court order, search warrant, or other demand or request which we believe to be valid, or to comply with the rules of production of a court in any applicable jurisdiction.
We may collect Personal Information about you, such as:
You agree that all information that you give us will, at any time, be true and complete. If any Personal Information changes or becomes inaccurate or out of date, you shall advise us so we can update our records.
We do not provide directly all the Services. We may use an affiliate or a third-party service provider to process or handle Personal Information on our behalf and to assist us with various ancillary services, and you acknowledge that we may release information about you to them. We also disclose Personal Information to others. For example, we may disclose Personal Information to: (i) our other offices and branches, our affiliates, and third parties to assist us in providing, or as required for the operation of, the Service; (ii) our regulators, and to legal, government, or law enforcement authorities in response to legal process, subpoenas, or as may otherwise be required by applicable law of any applicable jurisdiction; (iii) an applicable Business customer and any party authorized by such Business customer including service providers to the Business customer; (iv) other financial institutions, including without limitation any financial institution that refers the provision of the Service to us; (v) persons with whom you or the Business customer has a financial or other business dealing; (vi) if applicable, collection agencies, credit bureau, legal service providers or other parties associated with collecting any amounts owing in connection with any Service; and (vii) a prospective purchaser of the whole or any part of a Service or line of business of U.S. Bank.
Some of our offices and branches, our affiliates, and our service providers or other third parties are located outside of Canada. As a result, your Personal Information may be accessible to regulatory authorities in accordance with the law of these jurisdictions. We maintain physical, electronic, and procedural safeguards that comply with applicable law in applicable jurisdictions to guard Personal Information. Subject to applicable law in any applicable jurisdiction, we require third parties to whom we disclose Personal Information to protect the information in a manner that is consistent with this Agreement.
In the event that we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party, we reserve the right to disclose your Personal Information to a potential buyer both before and after the purchase. However, in the event the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this Agreement and that they will only use and disclose your Personal Information as we are similarly entitled under this Agreement. In the event the sale does not go through, we will require the potential purchaser to not use or disclose your Personal Information in any manner whatsoever and to completely erase the same.
We may keep, use, and disclose Personal Information about you in our records for as long as it is needed for the purposes described in this Agreement and in accordance with our applicable retention policies, even if you or the Business customer cease to be a customer.
You may make written inquiries regarding Personal Information and you may request U.S. Bank to correct any errors regarding such information, provided that you notify us in writing of such error and provide us with a reasonable time to review your request. We will investigate the matter and, if an error has occurred, we will correct any error to Personal Information. You may make inquiries about, or correct any errors to your Personal Information by writing to us at CCBRiskPrivacy@usbank.com.
This Agreement does not apply to your relationship with other financial service providers except as expressly set out herein and you may have additional rights with those financial service providers. You acknowledge that we may amend this Agreement from time to time to take into consideration changes in legislation or other issues that may arise. We reserve the option to post the revised Agreement on our website(s) or send it to you by mail or email. Your or the applicable Business’s continued use of the Service following notice of such change means that you agree to and accept the new terms and conditions of the Agreement as amended. If you do not agree with any of the changes made or with the new terms of the Agreement, you must immediately stop using the Service and notify us that you are terminating your usage of the Service with us.
If you would like to learn more about how we at U.S. Bank use information about clients to deliver better client services and products more efficiently, please contact your relationship manager, our customer service department, or CCBRiskPrivacy@usbank.com.