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Signed up for MLM and no longer active - can they still keep my records?

Discussion in 'Independent Contractors & Consultants' started by troublemaker, Aug 2, 2021.

  1. troublemaker

    troublemaker Law Topic Starter New Member

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    Jurisdiction:
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    A couple of years ago I signed for MLM (Multi-level Marketing) scheme as an independent business owner (IBO) what they call a member of their pyramid scheme. I became inactive about 4 years ago and have cancelled my membership properly in writing and I have confirmed I am no longer active member.

    However, when I asked them to purge my personal information - their response was - they have the right to manage my information indefinitely and my information such as my name, address, phone, birth day, who knows what maybe also copy of drivers license...

    They are refusing to delete this information (= confirm by email that they have purge it).

    Is there any law that gives me the right to have my information deleted?

    How long can they maintain my information?

    How to get them to purge my info. I wasn't even an employee there, so I can't even see they are bound by the privacy laws around information around employees.

    I know the MLM stuff is quite a column on it's own and I don't want to go into blaming my own naivety but now what? I just don't like the fact they have any record of me and definitively not more than they need to required by law.
     
  2. army judge

    army judge Super Moderator

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    Sorry, mate, to my knowledge we have no participating EXPERTS on Canadian provincial or federal law.
     
  3. troublemaker

    troublemaker Law Topic Starter New Member

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    What would be typical US legal view in this case?
     
  4. army judge

    army judge Super Moderator

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    US law would be irrelevant as to Canadian law.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    In the US it would vary by state. But in most states most private businesses may retain or delete most records as they see fit, absent some contract to the contrary. But other nations provide laws that give citizens more control of the data that businesses keep about them. Where Ontario fits on that scale I have no idea. You need a Canadian forum for that.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Your personal information is all over the internet anyway. Just google your name and you'll be amazed at what comes up
     
  7. troublemaker

    troublemaker Law Topic Starter New Member

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    I moved permanently to Europe so that complicates the case. I did tell them I am within the EU GDRP jurisdiction now but they just plain ignored that in the response.
     
  8. troublemaker

    troublemaker Law Topic Starter New Member

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    Yes, I know what is online but they have more data on me than just what is on Linkedin.
     
  9. Tax Counsel

    Tax Counsel Well-Known Member

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    The problem is that when the information was obtained you were not in the EU, right? So the EU's GDRP isn't going to apply to this organization simply because you later moved to the EU.
     
  10. troublemaker

    troublemaker Law Topic Starter New Member

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    I appreciate, thanks!
     
  11. zddoodah

    zddoodah Well-Known Member

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    I can't speak with specificity about Canadian or Ontario law, but when you do business with someone, that person or entity will likely create business records that contain information about you. While there are laws in some contexts that specify the minimum period of time that such a person or entity must maintain such records, I don't know of any law in any jurisdiction that would require a person or entity in such a situation to purge records after any period of time.
     

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