Fifth Avenue Private Investigation Services Incorporated has enacted and strictly adheres to the Code of Ethics, below:

I) Objectives of the Code of Ethics

a)

The objectives of this “Code of Ethics” are:

i)

To ensure a high standard of services, investigative or otherwise, are provided to all “Fifth Avenue” clients and to the public at large, by all employees’ or agents of “Fifth Avenue”

ii)

To maintain courteous and professional conduct in all aspects of “Fifth Avenue’s” normal operation, both internal and external.

iii)

To enhance “Fifth Avenue’s” relationship with:

(a)

Regulatory bodies

(b)

Law Enforcement

(c)

Clients

(d)

The Public

(e)

Non Members of Council of Private Investigators - Ontario and like organizations

II) General Standards of Conduct

a)

Professional Reputation

i)

“Fifth Avenue” employees’ or agents shall at all times:

(a)

Regard themselves as members of an important and respectable profession and conduct themselves accordingly.

(b)

Ensure that their positive reputation, that of other employees’ or agents of “Fifth Avenue”, as well as, the reputation of the Private Investigation Industry as a whole, is maintained at all times.

(c)

Not engage in any investigative activity for which they are not competent and qualified.

(d)

Conduct themselves at all times, in a manner that is consistent with the Laws of Ontario and Canada.

ii)

“Fifth Avenue Private Investigation Services Incorporated” will at all times remain a “Member In Good Standing” with the “Counsel of Private Investigator’s – Ontario” or a similar professional organization, as long as that organization meets the requirements of the applicable Federal / Provincial Legislation.

III) Compliance with the Code of Ethics

a)

All employees’ or agents of “Fifth Avenue’s” will at all times adhere to this Code of Ethics and the following Code of Privacy.

b)

Integrity and Due Care

i)

Fifth Avenue’s employees and agents shall at all times:

(a)

Conduct due diligence to ensure that the identity of any client is verified by whatever means deemed reasonable at the time, and that the client has a lawful purpose to retain and instruct “Fifth Avenue” in the matter for which “Fifth Avenue” has been retained.

(b)

Ensure that peripheral employees, subcontractors; and other support persons paid to assist in an investigation in any capacity, adhere to this Code of Ethics and the Code of Privacy.

c)

Confidentiality of Information

i)

“Fifth Avenue” employees’ or agents shall at all times:

(a)

Respect the privacy of clients and other individuals, and acknowledge their right to confidentiality.

(i)

“Fifth Avenue Private Investigation Services Incorporated” or any of its employees or agents shall not, under any circumstances, disclose any personal information [as defined by applicable Federal / Provincial legislation, and in accordance with the following Code of Privacy] to any persons, without lawful right to that information.

(b)

Conduct investigations in a manner consistent with all Federal / Provincial legislation and the Code of Privacy.

(c)

No “Fifth Avenue” employee or agent shall use protected personal information obtained, in or as a result, of any investigation, for personal gain.

d)

Advertising

i)

No “Fifth Avenue” employee or agent shall, at any time make false or misleading claims to academic or professional qualification on behalf of “Fifth Avenue” or otherwise.

IV) Conduct of “Fifth Avenue” Employees and Agents

a)

Fifth Avenue employees or agents shall:

i)

Disclosure of Conflicts

(a)

At the first opportunity, disclose to a client any influence, interest or relationship, pertaining to an investigative engagement, which, in the judgement of a reasonable person, may impair the employees’ or agent’s professional judgement or objectivity, and at the time of disclosure discuss with the client, possible and reasonable alternatives to avoid conflict.

ii)

Terms of Engagement

(a)

Ensure that, prior to accepting an engagement of any kind, the client’s objectives are fully understood and documented, and that the client has been informed of anticipated costs and time required to complete the engagement.

iii)

Unqualified Opinions

(a)

Not provide opinions for which that employee or agent is not professionally qualified, without reasonable disclaimer to that effect.

iv)

Disclosure / Reports

(a)

Be forthcoming, truthful and professionally responsible in disclosing investigative findings only to those with a legal right to those findings [in accordance with applicable Federal / Provincial legislation].

(i)

All reports to clients or otherwise shall be complete, objective and unbiased. Reports shall not provide opinions without a factual foundation.

V) Disciplinary Procedure

a)

Violation of the Code of Ethics.

i)

Complaints regarding “Fifth Avenue’s” business conduct, conduct during or regarding an investigation, and all other possible violations of this Code of Ethics should be reported directly to: “Fifth Avenue”, and to the “C.P.I.O.” Ethics Committee [See below], or to the Registrar of The Private Investigators Branch in Toronto, Ontario through the Ontario Ministry of Public Safety and Security.

(a)

Complaints received by any employee or agent of “Fifth Avenue” shall be directed or relayed to “Fifth Avenue’s” Corporate Privacy Officer, and hence shall be relayed to “Fifth Avenue’s” Board of Directors and shall be dealt with professionally and courteously, in accordance with Federal and/or Provincial Legislation as well as the following Code of Privacy.

(b)

Complaints with regard to this Code of Ethics deemed to be well founded through initial inquiry, shall be investigated fully, at the conclusion of which, a written determination shall be forwarded to the complainant with a proposal for reconciliation.

› Code of Privacy › Back to Private Investigation Services

“Fifth Avenue’s” Code of Privacy has been modeled after the “Council of Private Investigators - Ontario” Code of Privacy and the C.S.A. Model, Code of Personal Information Privacy, and is compliant with all current Federal / Provincial legislation. This Code of Privacy provides measures for accountability and reconciliation regarding personal information.

1. Definition

For the purpose of this Code of Privacy, “Fifth Avenue” means: “Fifth Avenue Private Investigation Services Incorporated” and all of its employees, agents or subcontractors. But does not include external sources of information, affiliate agencies used in partnership for the collection of information [i.e. other Private Investigation Companies], the Counsel of Private Investigator’s – Ontario, and/or any other professional organization with which “Fifth Avenue” or any of it’s employees or agents hold membership.

2. Accountability

“Fifth Avenue” is responsible for the security, storage, collection, disclosure and administration of any and all personal information in its control and has a designated representative that is accountable for compliance with the following principals .

3. Identifying Purposes

“Fifth Avenue” shall identify and document the purpose(s) for which personal information is to be collected at or before the time the information is collected, based on any and all information provided by the client, over the course of the engagement for which it is to be used.

Should it become known, within the scope of any engagement, that a client has been misleading with regard to the purpose, accuracy, or lawful right to the information being collected for that engagement, all investigative activity will immediately be suspended and a full inquiry will be held by “Fifth Avenue’s” Board of Directors in cooperation with the Counsel of Private Investigator’s – Ontario; Ethics Committee, to determine the extent, scope and nature of the disingenuous statements and/or actions. All appropriate measures will be taken to resolve the conflict, up to and including cancellation of the engagement, and notifying the appropriate authorities of any significant contravention of law.

4. Consent

The knowledge and consent of the individual of which personal information is to be collected shall be obtained for the collection, use or disclosure of personal information, except where inappropriate to the nature and commission of the investigation. [See the Personal Information Protection and Electronic Documents Act S.C. 2000, c.5 (PIPEDA).

5. Limiting Collection

The collection of personal information shall be limited to that which is necessary for the purposes identified and documented by “Fifth Avenue”.

Information shall be collected by fair and lawful means.

6. Limiting Use, Disclosure and Retention

Personal information in the possession of any “Fifth Avenue” office, shall not be used or disclosed for purposes other than that for which it was collected, except with the consent of the individual to whom it pertains or as required by law.

Personal information shall be retained only as long as necessary for the fulfillment of that purpose. Once that purpose has been fulfilled, the information in question shall be returned to the individual to whom it pertains, or destroyed, in a secure manner appropriate to the sensitivity of the information.

7. Accuracy

Personal information shall be as accurate, complete and up-to-date as is possible and necessary for the purposes for which it is to be used.

“Fifth Avenue” acknowledges its responsibility to ensure the accuracy of the information collected, and shall do so in a reasonable manner.

If personal information controlled by “Fifth Avenue” is to be disclosed or used on a secondary basis, following a significant amount of time since its collection, “Fifth Avenue” will again verify the accuracy of that information before disclosure or use.

8. Safeguards

Security safeguards appropriate to the sensitivity of the information controlled by “Fifth Avenue” shall protect personal information that remains in control and possession of “Fifth Avenue”.

9. Openness

“Fifth Avenue” shall make available to individuals specific information about its policies and practices relating to the management of personal information.

“Fifth Avenue’s” Code of Privacy and Code of Ethics are available for public viewing via “Fifth Avenue’s” web site, and also in “hard copy” form via written request directed to the Privacy Officer.

10. Individual Access

Upon written request directed to “Fifth Avenue’s” Privacy Officer, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information.

Access shall be limited to personal information that is not necessary to other investigative responsibilities and to information that does not compromise the secure integrity of another individual’s personal information.

An individual shall be able to challenge the accuracy and completeness of the information and have it amended accordingly. Proof of inaccuracy, shall be determined at time of discrepancy for each instance.

In accordance with Federal / Provincial legislation: if such disclosure does not defeat the purpose for which the information was collected. “Fifth Avenue” will upon request by an individual, advise that individual whether “Fifth Avenue” is in possession of their personal information, what the information is, what it is being used for and to whom their information has been disclosed.

If an individual submits a challenge to personal information held by “Fifth Avenue” and can provide proof of an error in the personal information, “Fifth Avenue” will amend the information and send the corrected information to others who have used the incorrect information as a result of disclosure of that information by “Fifth Avenue”. If the individual challenges information but cannot disprove its accuracy, “Fifth Avenue” will note the challenge so that those using the information will be aware of the unresolved challenge.

Upon “Fifth Avenue’s” receipt of a written complaint regarding compliance with the above principals or with applicable Federal / Provincial legislation, an internal investigation will commence, at the direction and discretion of “Fifth Avenue’s” Board of Directors, and a written determination will be forwarded to the complainant with a proposal for reconciliation of the discrepancy.

Submitted complaints, with regard to the above, proven to be of a dishonest and/or malicious nature will be pursued in legal forum in an effort to recover losses and costs experienced as a result of those claims and the pursuant internal investigation.

Individuals may also send complaints with respect to “Fifth Avenue’s” compliance to its privacy policies and procedures or questions regarding “Fifth Avenue’s” compliance to the applicable Federal / Provincial legislation to the “C.P.I.O.” Ethics Committee.

The “C.P.I.O.” Ethics Committee will investigate the complaint and respond to the individual. If the “C.P.I.O.” Ethics Committee finds that “Fifth Avenue” is in violation of this Code of Privacy; “Fifth Avenue” will have thirty days in which to arrange compliance. If the individual is not satisfied by “C.P.I.O.’s” intervention, the individual will be advised by the “C.P.I.O.” Ethics Committee of their right to appeal to the Office of the Privacy Commissioner of Canada or Ontario as the case may be.

The Council or Private Investigators – Ontario can be reached at:

Council of Private Investigators – Ontario
P.O. Box 21001
390 Springbank Drive
LONDON, Ontario
N6J 1G9
(519) 641-1521
www.cpi-ontario.com
director@cpi-ontario.com