MBNA and CUETS Financial Privacy and Personal Information Protection Notice

"Account" means the credit card or other account opened by us, and any credit card or other credit device issued by us in connection with your account.

"Authorized User" and/or "Secondary User" means an individual who you have requested be added to your Account.

"Co-Brand Relationships" means two or more organizations that display their respective brands on one product.

"CUETS Financial" means CUETS Financial, a division of The Toronto-Dominion Bank.

"Endorsing Financial Institutions" means a financial institution that supports a particular MBNA or CUETS Financial product and any related service.

"Endorsing Organizations" means any organization that supports a particular MBNA or CUETS Financial product and any related service.

"MBNA" means MBNA, a division of The Toronto-Dominion Bank.

"Personal Information" is any information relating to an individual which allows that individual to be identified.

"Primary Cardholder" means the person that applied for the Account and in whose name we opened the Account.

"We", "us", and "our" collectively mean MBNA and CUETS Financial, each a division of The Toronto-Dominion Bank and any of our respective affiliates, agents and service providers.

We collect, protect, use, share, and retain Personal Information for the general purposes set out below:

1. to consider initiating and to initiate, open, monitor, maintain, service, process, analyze, audit and collect any Account you may have with us, including disclosing or exchanging Personal Information with credit reporting agencies, credit bureaus, other financial institutions, and/or any other person, corporation, firm or enterprise with whom you have or propose to have a financial relationship and to use other third party databases (including registries and licensing authorities) or references provided by you to obtain or verify information about your financial circumstances, your background or to identify you; to develop our relationship with you; to offer financial products and services; and to analyze and manage our business, including evaluating the needs, wants, and satisfaction levels of our customers;
2. to administer services, evaluate your credit eligibility, and monitor (i) your purchases, (ii) your Account balances, (iii) your fees, (iv) your payment history, (v) parties to transactions, (vi) your payments and (vii) your credit card usage, each for the purposes set out in this MBNA and CUETS Financial Privacy Notice;
3. to verify your identity (or that of any Authorized or Secondary User) concerning the Account and maintain security measures aimed at protecting you from identity theft, fraud, money laundering and terrorist financing and unauthorized access to your Account and Personal Information;
4. to meet legal, security, processing and regulatory requirements, including Canadian federal and provincial requirements and foreign requirements applicable to us or any of our affiliates or service providers;
5. to promote and market products and services offered by MBNA and CUETS Financial, or by carefully selected companies, which are directly related to the Account (such as balance transfers and alternative payment methods), by means of direct marketing, marketing through ordinary mail, e-mail, text, telephone, text message or other available telecommunication channels (e.g. automatic dialing-announcing devices ("ADAD"), predictive dialing device ("PDD"), wireless device, land line telephone, fax machine or a data terminal) using the contact information you have provided us; we may also send you special offers with your statements or in separate mailings that include access cheques to access your credit card Account;
6. to provide CUETS Financial customers’ Personal Information to their respective credit union/caisse populaire (including affiliates as permitted by law) for the purposes of (i) providing such customers with information and offers on products and services that their credit union/caisse populaire believes may be of interest to such customers, (ii) administering and analyzing customer satisfaction surveys, and (iii) fulfilling requests that these customers may make about their products and services;
7. to promote and market products and services offered by selected companies which are not directly related to the financial product or service we are providing to you (also known as secondary marketing), such as long distance or cellular telephone service, credit insurance, and card registry services by means of direct marketing; marketing through ordinary mail, e-mail, telephone, text message or other available telecommunication channels (e.g. ADAD, PDD, wireless device, land line telephone, fax machine, or a data terminal) using the contact information you have provided us.

You consent to and accept this as written notice of us collecting, using, and disclosing any Account, credit, personal or financial information (including information relating to transactions on your Account) from you or about you at any time, from, to or with any service providers in relation to the servicing, processing, communication, sales and telemarketing, and management services as directed by us. Third party service providers include but are not limited to: Bank of America Corporation, Bank of America, N.A.; FIA Card Services, N.A.; MBNA Europe Ltd.; MBNA Technology, Inc.; and MBNA Marketing Systems, Inc.

If your Account is issued on behalf of an Endorsing Financial Institution, such as your local bank or credit union, we may share all Personal Information collected with such Endorsing Financial Institution, including its agents and/or brokers.

We may share information about you with our affiliates for legal and regulatory purposes, to manage credit risk and other business risks, and to ensure we have correct and up to date information about you, such as but not limited to, your current name, contact information, date of birth, background information (for example, occupation), government issued documentation details (for example, a driver’s license), etc. You may not withdraw consent for this sharing.

You may ask to be suppressed under (e), (f) and/or (g) as noted above at any time after your Account has been opened by calling us at 1-866-845-0980 or by writing to us at MBNA, Privacy Officer, P.O. Box 9660, Station T, Ottawa, ON K1G 6M9. We cannot accept suppression requests via e-mail – customers must call or notify us in writing. Suppression request instructions are accepted from the Primary Cardholder only. All suppression requests shall be valid for a period of 3 years and 31 days starting from the date they are received. You will receive no offers under paragraphs (e), (f), and (g) above for the first 30 days after the opening of your Account to provide you with the opportunity to make your privacy choice known to us. In accordance with your request, and within 5 business days, we will suppress you from direct mail marketing and telemarketing for products and services offered by us, or by selected companies, which are directly related to the financial product or service we are providing to you and/or we will suppress you from direct mail marketing and marketing by means of telecommunication for products and services offered by select companies which are not directly related to the financial product or service we are providing to you. Please allow 31 days for marketing by means of telecommunication and 90 days for direct mail for full effect as marketing campaigns may already be in process. This will not limit information we may provide to you in statements or when you contact us.

In your application for the financial product or service we are providing to you we obtained your consent for Personal Information collection, protection, use, sharing, and retention as set forth in (a) through (g) above. Subject to legal and contractual restrictions, you may withdraw your consent at any time after your Account has been opened with reasonable notice. This will not limit information we may provide to you in statements or when you contact us. If you refuse or withdraw your consent for any purpose required to provide our financial product or service to you, we will no longer be able to provide that product or service to you. You understand that if you withdraw your consent at any time to the monitoring of your credit status or your ongoing eligibility for credit, we may no longer be able to maintain your Account.

Our customer service e-mail, text message and other electronic communications with you may include Account alerts, statement, collection and other notices.

Personal Information held on behalf of us by our affiliates, agents and/or service providers may be used, located and accessed in the United States or elsewhere outside of Canada and will be subject to the same levels of security as those described in the MBNA and CUETS Financial Privacy Notice, while also being subject to the laws of the jurisdiction(s) in which the information is held. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these jurisdictions.

We may disclose Personal Information in order to manage our business including when we assign our rights to others. This encompasses disclosing on a confidential basis Personal Information (which may include Social Insurance Number if provided) to parties that may be participating in a proposed or an actual business transaction with us including financing, securitizations, insurance, or the assignment of our rights such as for the sale or collection of debts.

We collect Personal Information about you and use it for the purposes described above. Our objective when collecting and using Personal Information is to improve the relationship we have with you; provide you with products and services that you will value; reduce the cost associated with maintaining your (and others’) Accounts so that we may continue to provide you with a fairly priced product; reduce unwanted or inappropriate marketing; and protect you from unauthorized access to and use of your Account and Personal Information.

**Social Insurance Number (SIN): If you provide your Social Insurance Number (SIN), we will only use it to match credit reporting agency information and for security verification and Account maintenance purposes. Disclosure of SIN to match credit bureau information is optional for credit/charge or other loan products. Your SIN allows us to distinguish you from other individuals, particularly those with similar names and helps ensure the accuracy of the information collected and reported.

Date of Birth: Date of birth is required in certain circumstances to comply with "Know Your Customer" standards and for security reasons. It also allows us to determine your eligibility for certain products or services.

Health Information: In certain appropriate circumstances, we or others providing you products or services through us may ask for health information for specific services (such as insurance) or other requests. This type of information will not be used for any purpose other than to address the specific product, service or request. We will not request or use health information to assess a credit application.

We are required by law to determine whether we have customers who are politically exposed persons and comply with certain legal requirements. There are also regulatory guidelines which indicate we should assess the risk associated with customers who are politically exposed persons. We use Personal Information, publicly available information, commercial database(s) and credit reporting agencies to determine whether you and/or any of your Authorized Users are politically exposed persons. More information on politically exposed persons is available at www.fintrac.gc.ca.

The following table describes the type of Personal Information we collect and provides a general account of how we use it.

The following table describes the types of Personal Information we share and provides a general account of how it may be used.

MBNA and CUETS Financial

CUETS Financial Only

We work hard to keep Personal Information secure. For example, our information security policies:

• Govern retention of information;
• Restrict access to information systems; and
• Specify password requirements.

For your protection, please remember that your telephone conversations with our representatives and any of our agents and service providers may be monitored and/or recorded for quality control, education and record keeping purposes.

Further, we share only the Personal Information we believe is needed to offer a product or service efficiently. Finally, we restrict the use of such Personal Information and require that it be kept secure.

Customers have access to their Personal Information that is reasonably available and retrievable in the ordinary course of business. Upon written specific request, we will disclose to customers Personal Information about them in our records, and customers may correct such Personal Information that is inaccurate or incomplete.

It should be noted that we do not record in customers’ individual files when Personal Information was disclosed to third parties for routine purposes such as cheque printing, data processing, storage and regular updating of credit information to credit bureaus. If we are informed and it is determined that a customer’s Personal Information file is inaccurate, we will take reasonable steps to correct it.

To request access to your Personal Information in our possession, complete and submit a personal information request form or write to our Privacy Officer at: MBNA, P.O. Box 9660, Ottawa, ON K1G 6M9. Your written request must include a copy of a valid driver’s license, passport or certificate of Canadian citizenship. To inquire about your Personal Information in our possession or make corrections to it, write to us at the same address outlined above. Normally, we will respond to access or rectification requests within 30 days. If for any reason we do not grant you access to file information about you, we will provide you with written reasons.

Please note that in certain circumstances, we may not be able to provide you with access to specific portions of file information about you. For example, we will not provide you with access to the following information:

• Information subject to solicitor-client or litigation privilege;
• Information containing references to other persons;
• Information containing our confidential or proprietary information;
• Information that cannot be disclosed for other legal or security related reasons, and as so permitted by law;
• Information that has been destroyed; or
• Information that is too costly or commercially unreasonable to retrieve, such as information that is dated and archived.

Our Privacy Officer is responsible for ensuring that our day to day procedures comply with the MBNA and CUETS Financial Privacy Notice. If you have any questions or concerns, you should begin by talking to a customer service representative at 1-800-404-1319. If the issues remain unresolved, write to Privacy Officer at MBNA, P.O. Box 9660, Station T, Ottawa, ON K1G 6M9.

Amendments will be made to the MBNA and CUETS Financial Privacy Notice in a timely manner, to address changes to our information handling processes. We may add, modify or remove portions of the MBNA and CUETS Financial Privacy Notice when we feel that it is appropriate to do so. You may determine when the MBNA and CUETS Financial Privacy Notice was last updated by referring to the "Current" date displayed at the end of this MBNA and CUETS Financial Privacy Notice.

This MBNA and CUETS Financial Privacy Notice replaces any previous notices from us about Personal Information collection, protection, use, sharing, retention, and Internet privacy practices. We may amend the MBNA and CUETS Financial Privacy Notice at any time and without notice to you.