PROMETA FUND SUPPORT SERVICES INC. (“PROMETA”)

PRIVACY POLICY (CANADA)

COMMITMENT

At Prometa, we are committed to ensuring that your privacy is protected.  We collect personal information from Funds (which term is defined below) and other third party sources (“Third Parties”) in the normal course of business in order to help our Funds administer their accounts, which allows them to better serve their individual clients.  In turn, we also disclose personal information to Third Parties in accordance with this Privacy Policy, to help our Funds develop and provide products, services and meaningful information and reports to their individual clients.  Our privacy commitment includes ensuring the accuracy, confidentiality, and security of the personal information of our Funds and the clients they serve.  We collect, use and disclose your personal information only as described herein and as permitted under the law, including Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).

On request, this Privacy Policy is provided to each of the funds/administrators which Prometa services (individually, a “Fund” and collectively, the “Funds”).  In addition, this Privacy Policy is made available to Third Parties on Prometa’s website.  However, Prometa is not responsible for the unlawful, inaccurate or incomplete collection, use or disclosure of personal information by any Fund or Third Party.

This Privacy Policy may be amended from time to time. The current version will be available to you on our website, https://www.prometa.ca/.

SCOPE

This Privacy Policy details how Prometa collects, uses and discloses personal information.  “Personal information” is defined in PIPEDA as any information about an identifiable individual and may be stored in any format.  This Privacy Policy applies to the collection, use and disclosure of personal information of individuals, including the clients of Funds we service in Canada (“you” and “your”). 

ACCOUNTABILITY

We regularly monitor our security measures and procedures to ensure that they are effective and properly administered.  Our Privacy Officer is accountable for overseeing our compliance with this Privacy Policy, PIPEDA and any other applicable privacy legislation.  Prometa uses contractual means to ensure that Funds meet or exceed the privacy principles set out in Canadian privacy legislation.

PURPOSE AND USE OF INFORMATION

Prometa may collect personal information directly from you, from the Funds we service, and from Third Parties, including financial institutions, government agencies and credit bureaus.  In doing so, Prometa assumes that all information provided from you, Funds or Third Parties is accurate and complete.

We collect personal information from Funds about individuals, either as account holders themselves or those that are authorized signatories or users, including directors and beneficial owners of the Funds we service.  Personal information collected and recorded may include: name, address, telephone number, date of birth, account and transaction information, net worth or income information, social insurance number, and other identifying information to complete a transaction and as required by law or regulation, including to offer you the products and services agreed to with your Fund. 

We may collect anonymous or non-personal information and business information.  If the information cannot be associated with or traced back to a specific individual, it is not covered by this Privacy Policy.

We will limit the collection of personal information to that which is necessary for the purposes identified in this Privacy Policy, including the following purposes:  

• To identify you and to verify your identity
• To ensure our records are accurate
• To open and manage your account and transactions
• To assist Funds in delivering your requested products and services
• To process payments and provide account and tax information and statements
• To support the Fund(s) you use
• To ensure a high standard of service
• To protect the interests of Prometa
• To meet legal and regulatory requirements

CONSENT

Your consent to Prometa’s use of personal information may be implied by your use of a product or service that you have requested from a Fund.  If your personal information will be used for any reason other than as outlined in this Privacy Policy, we may request your explicit consent, if required.  Consent can be provided in writing, electronically or verbally, and may be given through an authorized representative. 

You may refuse or withdraw your consent to the collection, use or disclosure of your personal information, or you may withdraw your consent to further collection, use or disclosure of your personal information at any time by giving us reasonable notice.  Doing so, however, may mean that we will be unable to provide you with the product or service that you have requested from your Fund(s). 

Prometa may use or disclose your personal information without your consent only as authorized or required by law, which may include:

• The purposes described above;
• Where it is in your best interests and consent cannot be obtained in a timely way;
• Where personal information is given to your legal representatives;
• Where personal information is given to Funds to carry out business-related functions, such as product and services fulfilment and communications, disclosure of the information to a Third Party may be necessary to provide and facilitate such product(s) or service(s);
• Where disclosure of personal information is required by law;
• To protect and defend our rights or property;
• Where personal information is disclosed for the purpose of collecting a debt, complying with a subpoena or warrant, responding to a lawful authority for lawful purposes, complying with the law; and
• Where PIPEDA permits disclosure of personal information without obtaining your consent.

DISCLOSURE OF INFORMATION

No personal information will be disclosed to anyone outside of Prometa, except:

• To Fund(s) with which you have an account and for day-to-day operational purposes, as required to process your transactions, manage your account, managing the information technology, responding to lawful government requests, investigations or courts, or to offer you the agreed upon products and services
• To Third Parties who perform services on our behalf and in facilitation or furtherance of the services provided by your Fund, such as data processing and storage, fraud prevention and detection, regulatory compliance, banking services, treasury management, tax consulting and return preparation, brokerage services, accounting and payment providers
• When the collection, use or disclosure of personal information is permitted or required by law
• When we require legal advice from a lawyer
• To protect ourselves from fraud or to investigate a breach of an agreement or a contravention of law
• In an emergency that threatens an individual’s life, health, or personal security

We will not use or disclose personal information for any other purpose unless we obtain explicit consent to do so from you (including through a Fund).  We will limit the use and disclosure of personal information to the purposes for which it is collected, unless you give further consent to use or disclosure for another reason, or it is permitted or required by law.

SECURING PERSONAL INFORMATION

We restrict information access to only those that need to know it in order to provide to you the products and services agreed to, or as required by law. Prometa informs its staff about the importance of maintaining the confidentiality and security of personal information.  As a condition of employment, Prometa’s staff are required to abide by its policies and procedures and they are prohibited from disclosing any personal information except as may be necessary to carry on their employment duties. 

We endeavor to protect personal information from loss or theft and unauthorized access, alteration, collection, use, disclosure, copying, modification or disposal by using industry-recognized security standards appropriate for the nature of the information, which are reflected in physical, electronic and procedural safeguards, including system design, password protection, encryption, firewalls, data management practices, secured offices and other measures established to protect the information we hold in physical and electronic forms. 

Prometa is responsible for personal information in its possession or control, and will take reasonable steps to protect personal information that has been transferred to a Third Party in accordance with this Privacy Policy and applicable laws.  Prometa uses contractual and other means to ensure that Funds provide a level of protection equal to or greater than that required by Canadian privacy legislation.

We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

RETAINING PERSONAL INFORMATION

Prometa will retain personal information as long as is necessary to fulfill the identified purposes, or as required by law.  The retention periods for information may vary depending on legal requirements for such information.

When personal information is no longer needed, the information will be destroyed in accordance with the retention periods set out in policy or legislation.  We will use care in the disposal and destruction of personal information to prevent unauthorized parties from gaining access to personal information.

ACCURACY AND ACCESS OF PERSONAL INFORMATION

Prometa will use reasonable efforts to ensure that the personal information provided to us remains as accurate, complete and current as possible for the purpose for which it was collected.  From time to time, we may be required to collect and update your personal information to comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and other legislation and regulations. 

Individuals (including clients of our Funds) may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and must provide sufficient detail to identify the personal information and the correction being sought.  Before making any changes to your personal information, we may need to confirm your identity with you and your Fund(s).

Prometa will provide you with access to your personal information except where we may be prohibited by law from doing so, or are permitted by law to restrict your access and have legitimate reasons for doing so. 

INTERNET TECHNOLOGY AND EXTERNAL WEBSITES

Some of Prometa’s services may be made available to you using online services on our website.  If you provide personal information using these online services or by other electronic means, the information will be collected, used and disclosed in accordance with this Privacy Policy.

When you visit our website, we may collect information about your online browsing and transactions including the pages that you visit, technical information about your computer and operating systems.  Prometa may also collect information by using cookie files.  Information collected from online services is used strictly to ensure web services are functioning properly and to understand how clients utilize the website, allowing us to serve you better.  Cookie information is not given to any third party.

Our website may contain links to other third party sites which are not governed by this Privacy Policy.  We encourage you to review the privacy policy of websites you choose to link from our websites so that you can understand how those websites collect, use and share your information.  Prometa is not responsible for the treatment of personal information by third parties, or the privacy policy or other content on websites other than Prometa’s website.

CONTACT US

In order to fulfill requests regarding personal information records or to address any questions or concerns about privacy at Prometa, please feel free to contact our Privacy Officer by phone at (204) 925-7781, email gasprey@prometa.ca or send mail to:

Prometa Fund Support Services Inc.

220 – 155 Carlton Street

Winnipeg, Manitoba

R3C 3H8

Attention: George Asprey

You may also contact the Privacy Officer if you wish to make a challenge to Prometa’s compliance with this Privacy Policy.  The Privacy Officer will investigate and respond to the challenge and, if the challenge is justified, will take appropriate measures to ensure that other individuals will not experience the same problem. Prometa will promptly investigate all inquiries or complaints and take appropriate action or measures when justified, including amending its policies and practices.