APEXA Privacy Policy
Key Elements of This Privacy Policy
Click on the following links to quickly navigate to specific topics in this Privacy Policy.
Scope of this Privacy Policy
The purpose of this Privacy Policy is to inform insurance advisors and, in respect of insurance advisors operating through a partnership or corporation, such insurance advisor’s principals, partners and shareholders (collectively the “Advisors”), how their information is collected, used and disclosed in connection with the APEXA Service. By registering for the APEXA Service or providing your information through the APEXA Service, you consent to the collection, use and disclosure of your information as described below.
This Privacy Policy applies only to information which APEXA Corp. collects through its website at: www.apexa.ca (the “Website”) and the APEXA platform through which Advisors use or access, and other electronic communications sent through or in connection with the Website.
Accountability; Privacy Officer
We have designated a Privacy Officer who is responsible for our compliance with this Privacy Policy. Our Privacy Officer may be contacted as set out below.
What is the APEXA Service?
The APEXA Service is a technology solution operated by APEXA Corp. (“APEXA”) that provides Canadian life insurance advisor screening, contracting and compliance monitoring services to life insurance carriers (“Carriers, and any one of them a “Carrier”), managing general agencies (“MGAs”, and any one of them an “MGA”) and associated general agencies (“AGAs”, and any one of them an “AGA”). The goal of the APEXA Service is to provide higher standardization and confidence to advisor screening, contracting and compliance.
What information is collected in connection with the APEXA Service?
APEXA collects the following information on behalf of Carriers, MGAs and AGAs as necessary in order to fulfil the purposes described below. This information may be collected by APEXA on behalf of Carriers, MGAs and AGAs from Advisors currently or previously employed by Carriers, MGAs or AGAs directly, or from other sources. For all information that APEXA collects, APEXA shall use the most current information it receives from any of the sources listed below.
Personal Information collected from Carriers, MGAs and AGAs
APEXA may be instructed by Carriers, MGAs and/or AGAs to collect the following personal information, pertaining to Advisors, who have elected to participate in the APEXA Service:
- Name, gender, language preference, date of birth and personal and business contact information, including personal and business phone and fax number, address and email address.
- Business Number (BN) for incorporated Advisors.
- The Advisor’s business affiliations, including with Carriers, MGAs, AGAs and other businesses.
- The Advisor’s contracts with Carriers, MGAs or AGAs, to sell certain life insurance products (and other relevant contracts related thereto), including details of the Advisor’s contractual relationships with Carriers, MGAs or AGAs, including contract status (such as whether a contract is active or terminated); identifiers linking Carriers, MGAs or AGAs or specific agreements to the Advisor; information about any debt owed by the Advisor to a Carrier, MGA or AGA; and any supervisory sanctions imposed on the agent by a Carrier, MGA or AGA. Contracts and portions of the contractual relationship details, as described above, will be collected from Carriers, MGAs and AGAs, from time to time, until the relevant Advisor, no longer has a relationship with the Carrier, MGA or AGA, as applicable, or with APEXA.
Personal Information Collected on behalf of Carriers, MGAs or AGAs Directly from the Individual Advisor
In order to participate in the APEXA Service, an Advisor must create an APEXA Account. In order to create an APEXA Account, certain information will be requested from the relevant Advisor. This information, pertaining to the Advisor, may include:
- Name, gender, language preference, date of birth and personal and business contact information, including personal and business phone and fax number, address and email address.
- Business Number (BN) for incorporated Advisors.
- The Advisor’s banking information.
- The Advisor’s business affiliations, including with Carriers, MGAs, AGAs and other businesses.
- Details of the Advisor’s life insurance agent license.
- The Advisor’s education and designations.
- Details of any disciplinary actions against the Advisor.
- Details of the Advisor’s: (i) errors and omissions insurance (e.g. policy and certificate numbers, provider, coverage amount and expiry date); (ii) criminal record; and (iii) current and on-going creditworthiness and bankruptcy status.
Personal Information collected about Advisor from Third Party Sources
If instructed by Carriers, MGAs and/or AGAs, APEXA may also collect and process the following information about Advisors on behalf of such Carriers, MGAs and/or AGAs:
- Information from provincial regulators (e.g. l’Autorité des marches financiers (Quebec), the Financial Services Commission of Ontario (Ontario), etc.) in respect of the status of an Advisor’s life insurance agent licence.
- Insurance information from errors and omissions insurance providers
- Credit reports, alerts and other credit and personal information from credit reporting agencies and credit bureaus
- Details contained within criminal record checks which are conducted on Advisors as necessary or required by applicable law.
- Details on any current or historical disciplinary actions against the Advisor
- Any other information where permitted or required by applicable law or regulation.
Technical Data
Technical data is collected automatically when registering, using and accessing the APEXA Service, including:
- The type of device the user uses.
- Time zone settings.
- The IP address and operating system of the user’s computer.
- The type of Internet browser the user uses.
- Information the user’s browser sends to APEXA when it accesses or uses the APEXA Service.
- Usage details.
- Unique device identifiers to support essential use cases such as analytics and fraud prevention) and other diagnostic data.
In some cases, technical data may also be personal information.
Cookies and Web Beacons
As you navigate through and interact with our Website or the APEXA Service, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visit to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and may include personal information. Such information helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
- Identify cyber-attacks targeting the Website;
- Ensure that our Website and Content are accessible to visitors;
- Speed up your searches;
- Analyze and better understand performance of the Website, our online audience;
- Recognize you when you return to the Website;
- Tailor the content on our Website; and
- Facilitate enhanced functionalities.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
- Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
What is Personal Information Used?
APEXA uses information that it collects about Advisors on behalf of Carriers, MGAs or AGAs or that is provided to APEXA by Advisors at Carriers’, MGAs’ or AGAs’ request, including any personal information:
- To manage, administer, maintain, support, and improve the APEXA Service.
- To carry out administrative tasks relating to an Advisor’s employment or the contractual relationships of partnerships and corporations (as the case may be), including but not limited to: (i) processing contract applications to aid Carriers, MGAs and AGAs with their review to determine the suitability of the Advisor.(ii) providing Carriers, MGAs and AGAs with the ability to process the payment of commissions and royalties pursuant to contractual relationships; and (iii) the-verification of information on a contract application, such as the errors and omissions insurance of an Advisor and/or the Advisor’s life insurance licence, in order to validate its accuracy.
- To assist Carriers, MGAs and AGAs in verifying that Advisors are in good standing and to expedite the Advisor’s licensing process, including but not limited to: (i) verifying and monitoring the current and ongoing creditworthiness of the Advisor; (ii) monitoring the status of any licence, application and insurance coverage; (iii) conducting necessary criminal record checks on the Advisors; and (iv) reviewing any disciplinary actions against the Advisor.
- To carry out APEXA’s obligations and enforce its rights in any contracts with Advisors, including for billing and collection.
- To manage or transfer our assets or liabilities, for example, in the case of an acquisition or merger, the provision of security for a credit facility or the change of a supplier of products or services;
- To satisfy any legal, regulatory, dispute resolution, accounting, or reporting requirement.
- To fulfill the purposes for which Advisors provided the information or which were described when such information was collected or any other purpose for which the Advisor provides it.
- To attend and manage Advisors’ requests to APEXA.
- To conduct data analysis, identify usage trends, determine the effectiveness of our promotional campaigns and to evaluate and improve APEXA’s products, services, and marketing.
- To collect debts owed to us.
- For any other purpose with the relevant Advisor’s consent.
- To distribute to third parties including payment processors, lawyers, financial institutions and government licensing bodies for any of the above purposes.
Transfers to Third Parties
In some cases, APEXA uses or deals with third parties to help provide its services. This means that APEXA must transfer Advisors’ personal information to them. APEXA transfers personal information that it collects or that is provided to it in connection with the APEXA Services as described in this Privacy Policy:
- With contractors, and service providers that APEXA uses to support its business, including but not limited to for customer support, data hosting, on-going compliance monitoring, electronic contracting and data processing services. APEXA contractually require these third parties to keep personal information confidential, use it only for the purposes for which APEXA discloses it to them, and to process personal information following the same standards set out in this Privacy Policy.
- With provincial regulators as necessary or required by applicable law or regulation.
- On an ongoing basis to any Carrier, MGA or AGA with whom the Advisor has an independent contract, or with whom the Advisor is in the process of independently contracting with, in connection with their advisor screening, contracting and compliance monitoring programs.
- For business transfers. According to applicable law, APEXA (and/or its successor and assigns) may share or transfer Advisors’ personal information in connection with, or during negotiations of, any proposed or actual financing, securitization, insuring, sale, restructuring, dissolution, assignment or other disposal, or other sale or transfer of some or all of APEXA’S business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by APEXA about its customers and users is among the assets transferred.
- With APEXA affiliates, in which case APEXA will require those affiliates to follow the same standards set out in this Privacy Policy. “Affiliates” include APEXA’s parent organization and any other subsidiaries, joint venture partners or other companies or organizations that APEXA controls or that are under common control with APEXA.
- With business partners. APEXA may share Advisors’ information with its business partners to offer Advisors certain products, services or promotions. APEXA contractually requires these third parties to keep personal information confidential, use it only for the purposes for which APEXA discloses it to them, and to process personal information following the same standards set out in this Privacy Policy.
Disclosure of Personal Information
APEXA may disclose personal information that it collects from Advisors or third parties on behalf of Carriers, MGAs or AGAs or which Advisors provides to it, upon the request of Carriers, MGAs or AGAs, as described in this Privacy Policy:
- To comply with any court order, law, regulation or legal process, including to respond to any government or regulatory request, according to applicable law or regulation.
- If APEXA believes disclosure is necessary or appropriate to protect the rights, property, or safety of its business, customers, or others.
- To enforce APEXA’S rights arising from any contracts between it and its Advisors, and for billing and collection, if applicable.
- In limited circumstances, APEXA (or its successors and assigns) may also provide personal information to potential acquirers of its business or assets. In such case, APEXA will use contractual means to ensure the potential buyers are obliged to keep Advisors’ information secure, and, if the acquisition proceeds, to only use the information for the purposes for which it is disclosed and in a manner consistent with this Privacy Policy. In addition, if any bankruptcy or reorganization proceeding is brought by or against APEXA, such information may be considered an asset of APEXA and may be sold or transferred to third parties. Should a sale or transfer occur, APEXA will use reasonable efforts to require that the transferee only uses the information for the purposes for which it was disclosed and in a manner consistent with this Privacy Policy.
- For any other purpose APEXA discloses when such information is provided, including as otherwise required or permitted by law.
- To fulfill the purpose for which it is provided.
- With the individual Advisor’s consent.
Retention of Personal Information
Except as otherwise permitted or required by applicable law or regulation, APEXA will retain Advisors’ personal information only for as long as is necessary to fulfill the purposes that APEXA collected it for as set out in this Privacy Policy, subject to legal, accounting, or reporting business requirements.
APEXA will also retain technical data, including without limitation, login information, device type, time zone setting, and usage details, for internal analysis purposes. Technical data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of APEXA’S Service, or APEXA is legally obligated to retain this data for longer time periods.
In the event that the relevant contract between a Carrier, MGA or AGA, and Advisor terminates or expires, the Carrier, MGA or AGA, as applicable, will not have access to information about the Advisor that is added to the APEXA Service after the date or termination or expiry, however, information about the Advisor (and its principals, partners and shareholders) that was in the APEXA Service prior to contract termination or expiry will still be accessible and will be retained in accordance with the terms contained herein.
Cross-Border Transfer of Personal Data
As described above, APEXA may transfer information to outside agents or service providers (including affiliates acting in this capacity) for the purposes described in this Privacy Policy. These outside agents, service providers and affiliates may be located in North America. You acknowledge that personal information may be processed and stored in North America, and that the governments, courts or law enforcement or regulatory agencies in North America may be able to obtain disclosure of that personal information through the laws of that foreign jurisdiction. To the extent APEXA intends to transfer a Quebec clients’ information outside of Quebec, which is possible, APEXA will comply with applicable provincial requirements related to such transfer.
Whenever APEXA engages a service provider, it requires that such provider’s privacy and security standards comply with this Privacy Policy and applicable Canadian laws.
Accessing and Correcting Personal Information
You have the right to request access to and to correct personal information that APEXA holds about you.
APEXA may need to request specific information from you to help it confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Applicable law or regulation may allow or require APEXA to refuse to provide individual Advisors with access to some or all of their personal information, or APEXA may have destroyed, erased, or made such personal information anonymous in accordance with its record retention obligations and practices. If APEXA cannot provide the individual Advisor with access to personal information, APEXA will notify the Advisor in writing, document the reasons why access cannot be granted, and outline further steps available to the Advisor.
It is important that the personal information APEXA holds about the Advisors is accurate and current. Advisors must keep APEXA informed if their personal information changes. If an Advisor demonstrates the inaccuracy or incompleteness of their personal information, APEXA will amend the information as required. If appropriate, APEXA will send the amended information to third parties to whom the information has been disclosed.
If a challenge regarding the accuracy of personal information is not resolved to an Advisor’s satisfaction, APEXA will annotate the personal information under its control with a note that the correction was requested but not made.
Security of Personal Information
The security of Advisors’ personal information is very important to APEXA. APEXA uses physical, electronic, and administrative measures designed to secure personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
APEXA stores all information provided to it behind firewalls on its secure servers. Any payment transactions will be encrypted using SSL technology. Unfortunately, no method of transmission over the Internet, or method of electronic storage is completely secure. Although APEXA does its best to protect personal information, APEXA cannot guarantee the security of personal information transmitted through the Website or the APEXA Service. Any transmission of personal information is at the individual Advisor’s own risk. APEXA is not responsible for circumvention of any Website privacy settings or security measures.
Obtaining and Withdrawing Consent
APEXA will obtain Advisors’ consent to collect, use or disclose personal information except where it is authorized or required by law to do so without consent. Consent can be express, implied or given through an authorized representative. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify us that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
Where an individual Advisor has provided APEXA with consent to the collection, use, and transfer of personal information, that Advisor may have the legal right to withdraw its consent under certain circumstances. To withdraw consent, if applicable, contact APEXA at privacy@apexa.ca. Please note that if consent is withdrawn, APEXA may be unable to provide the relevant individual with a particular product or service and/or its ability to access and use the APEXA Service may be significantly restricted. APEXA will explain the impact to such individual at the time to help such individual make its decision.
Links to Other Websites
APEXA’S Service may contain links to other websites that are not operated by APEXA. If a third-party link is clicked on, the Website user will be directed to that third party's site. APEXA strongly advises its users to review the Privacy Policy of every site it visits.
APEXA has no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Limits on Collection, Use, Disclosure, and Retention of Personal Information
APEXA will not collect personal information indiscriminately but will limit collection of personal information to that which is reasonable and necessary. APEXA will also collect personal information as authorized by law.
APEXA will only use and disclose personal information for the purposes set out in this Privacy Policy and as authorized by law.
APEXA will retain personal information as described above.
Questions, Concerns and Access to Personal Information
Any questions or concerns about how information is handled by APEXA in connection with the APEXA Service should be directed to the Privacy Officer at privacy@apexa.ca. Advisors, and relevant principals, partners and shareholders may also request access to or correction of their information by contacting the Privacy Officer, as described above.
If there is any concern about APEXA’s Privacy Policy or treatment of personal information and APEXA has been unable to resolve it, the relevant individual will be advised to contact the office of the Privacy Commissioner of Canada, or if applicable, the Provincial Privacy Commissioner. APEXA’s Privacy Officer will provide this contact information upon request.
Updates to this Privacy Policy
APEXA reserves the right to alter this Privacy Policy from time to time. Such changes will be effective 10 days following the posting of the change on the Website. For the most up to date information, please revisit the Website or contact APEXA’s Privacy Officer.
lastest update 8/24
