ROI Capital’s Privacy Code:
ROI Capital (“ROI”) is committed to protecting the privacy and confidentiality of information which is gathered from our clients from time to time. This commitment by us and by each of our employees to clients has always been fundamental to our business.
The Personal Information Protection and Electronic Documents Act (“PIPEDA”) regulates the way private sector organizations collect, use and disclose personal information. As ROI collects uses and/or discloses personal information from clients other than information that is publicly available in the course of its commercial activities, it must comply with PIPEDA.
ROI recognizes the importance of privacy and recognizes the sensitivity of personal information received by it in the conduct of its business.
The Need for Personal Information
ROI collects Personal Information from clients to meet certain regulatory requirements, tax reporting requirements and to ensure that transfer agent and registrar services are adequately being fulfilled. This information will necessarily include personal information about clients and, in certain cases, about individuals other than clients (e.g. information on person with trading authority). From time to time, ROI may be required to collect information from a third party. The executor of an estate is an example of a third party who may provide information about a client to ROI. Examples of Personal Information collected by ROI include but are not limited to:
- Name, mailing address and phone number;
- Social Insurance Number;
- Date of birth date;
- Name and address of a beneficiary.
Other types of information ROI may collect and hold depends on the investment or services a client requests. For example, where a client has established a pre-authorized chequing plan or systematic withdrawal plan on a “client name” account, ROI will hold a client’s financial institution account number.
Collection, Use and Disclosure of Personal Information
Where practical, ROI will try to collect personal information through the financial advisor or dealer to whom the information pertains. ROI will collect only the personal information necessary for the purposes stated above under “The Need for Personal Information”.
Where necessary to fulfill regulatory obligations, ROI may collect personal information about individuals other than clients in accordance with the provisions of PIPEDA. For investors transacting in the ROI Pooled Funds, the Subscription Agreement contains the necessary language with respect to consent. When ROI collects personal information about individuals directly from them, except in situations when their consent to the collection is deemed, ROI will advise them of the purpose for which the information is collected.
Obtaining consent from the individual after disclosure of the purpose, for which the personal information is collected, used and disclosed, is a key element of PIPEDA. However, this obligation is not absolute. PIPEDA also permits ROI to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited) to where:
- The collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- Collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
- The personal information is available to the public from a prescribed source; or
- The collection, use, or disclosure is required or authorized by a Federal or Provincial statute or regulation.
When ROI collects, uses or discloses personal information, it will make reasonable efforts to ensure that the information is accurate, complete and up to date.
Security of Personal Information
Client information must be protected by security safeguards appropriate to the sensitivity of the information. The security safeguards protect client information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. ROI requires that all confidential information be maintained in their designated secured areas or electronic databases.
Access to Personal Information
Access to your information will be limited to:
- ROI employees and representatives and their delegates, in the performance of their duties for ROI;
- ROI employees and affiliate employees when resolving your concerns about any related product offerings;
- Fund companies or other issuers of investments named in any forms completed for your benefit;
- Service providers used by ROI, in the performance of their duties for ROI;
- Those to whom you gave permission;
- Those authorized by law.
Requests for Access to Personal Information
All clients have a right to access specific information about policies and procedures relating to the management of client information.
Upon request, a client shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. A client is able to challenge the accuracy and completeness of the information collected and have it amended as appropriate.
An individual may also submit a written request to correct errors or omissions in their personal information. When provided with a written request, ROI will:
- Correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom the information is disclosed; or
- Decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Contacting or Communicating with ROI
If clients have any questions with respect to policies concerning the handling of their personal information, or if they wish to request access to, or correction of their personal information, they may contact ROI’s Privacy Officer as follows:
Attn: Wilfred Vos, Chief Compliance Officer
43 Front Street East, 3rd Floor
Toronto, Ontario M5E 1B3