Privacy Policy

Waratah Capital Advisors – PRIVACY POLICY

Last Updated: March 14, 2019

This privacy policy (this “Policy”) describes the practices of Waratah Capital Advisors Ltd. and its corporate affiliates (“Waratah”, “we”, “us”, “our”) with respect to our collection, use, storage and disclosure of personal information provided to us from users of (a) the website operated at www.waratahadvisors.com; https://waratah.obisidiansuite.com and such other locations as made available from time to time (the “Website”), (b) any “app” or other front-end software provided by us (for greater certainty, excluding third party software that may interact with the Website or the Service, as defined below) that interacts or interfaces with the Website (the “Software”), and (c) the services we provide through the Website and/or the Software (collectively, the “Service”). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.  This Policy is incorporated by reference to the Terms of Use for Waratah located at https://waratah.obsidiansuite.com , and forms an integral part of it. All capitalized terms not otherwise defined herein have the meaning provided in Waratah’s Terms of Use.

Updates or Changes to Privacy Policy

We may update this Policy to reflect changes to our information practices. If we make any material changes we will either (a) notify you by email (sent to the e-mail address specified in your account), or (b) provide a notice on the Website or otherwise through the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Any change to this Policy will become effective on the date so indicated, and will apply to information collected from the date of the posting of the revised privacy policy and to existing information held by us.  The date on which the latest update was made is indicated at the bottom of this document.  We recommend that you print a copy of this privacy policy for your reference and revisit this policy from time to time to ensure you are aware of any changes.  Your continued use of the Service signifies your acceptance of any changes to this Policy.

Privacy Officer

We have appointed a Privacy Officer who is responsible for our compliance with this Policy. You can contact our Privacy Officer by email at: dimitri@waratahcap.com.

General Concepts

We respect and uphold individual rights to privacy and the protection of personal information.  We know how important it is to protect your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of your personal information.

Personal Information

For the purposes of this Policy, “personal information” means information about an identifiable individual, including, for example, an individual’s name, home address, telephone number, social insurance number, sex, income and family status. Personal information does not include information that would enable an individual to be contacted at a place of business, for example an employee’s name, position or title, business telephone number, or business address. We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of your personal information by us (“Applicable Privacy Laws”).

Non-Personal Information

The other type of information we may collect is “non-personal information”, which is any type of information other than personal information. For example, non-personal information can include (i) business information, or information that enables an individual to be contacted at a place of business, for example an employee’s name, position or title, business telephone number, or business address, (ii) information that is anonymous or not about an identifiable individual, such as web browsing information (like the domain used to access the Website, or the type and version of device, browser or operating system being used to access the Service), and (iii) aggregate information that anonymizes the underlying data (like the number of visitors, what pages users visit, average time spent on the Website or on various parts of the Service). We will collect, use or disclose non-personal information in accordance with our ordinary business practices, but always in accordance with any applicable laws. This Policy, however, only covers our collection, use and disclosure of personal information.

Information about Minors

This site is intended solely for users who are 13 years of age or older. We do not knowingly collect personal information about any person under the age of 13, and no such person, nor any parent or guardian as it relates to such person, should submit their personal information to us for any reason. Please do not submit personal information about minors to us, whether through the Website, the Service or otherwise.

Collection of Personal Information

As indicated above, we collect two types of information through our Service: personal information and non-personal information. The types of information we collect about you will depend on the nature of your interaction with us or the Service.

Personal Information We Collect

We may collect the following personal information from you:

  • contact information such as name, email address, mailing address, phone number,
  • identify information such as social insurance number, date of birth, occupation and government-issues identification,
  • financial information, such as income, net worth, credit report, investment knowledge and objective,
  • professional qualifications (as applicable),
  • unique identifiers such as user name, account number, password, and
  • preferences information such as request history, marketing preferences, and what products, services or offers you may like.

By providing your personal information through our Service, you consent to us using such personal information in accordance with this Policy.

Information We Automatically Collect

We may also automatically gather information about your computer such as your IP address, browser type, referring/exit pages, operating system, as well as which aspects of our performance metric indicators available with our technology or our licensees’ products you prefer using.  Some of this may be personal information, but in typical cases it is non-personal information.  Specific examples follow:

  • IP, etc.—When using our Website, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Website, the Internet address of the website from which you linked directly to our Website, the operating system you are using, the sections of our Website you visit, the Website pages read and images viewed, and the content you download from the Website.  This information is used for Website and system administration purposes, and to improve the Website.
  • Cookies—We may use “cookies”, a technology that installs a small amount of information on a user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, to offer personalized content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.
  • Tracking Information—We may use web beacons or single-pixel gif tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, Website purchases and other aggregated Website statistics, and may be used in our emails to determine which emails and links have been used by recipients.  We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. For our own research purposes we may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.
  • Analytics – Our Service uses a third party analytics service, which may record mouse clicks, mouse movements, scrolling activity as well as any text you type on the Website. This service does not collect personally identifiable information that you do not voluntarily enter into the Website. For more information on this service, please visit: http://www.google.com/analytics. If you wish to opt out of the use of such services, please visit: https://tools.google.com/dlpage/gaoptout.
  • Geo-Location Information—When you use the Service through a mobile device, we may track or collect your geo-location information on a real time basis only. We may also use this real-time geo-location information to address support, technical, or business issues that may arise in the course of your use of the Service.  If you do not consent to the tracking of your geo-location, you may still be able to use some features of the Service, but it is intended to be used with geo-location information.]

How We Use Personal Information

We may use your personal information, and your non-personal information (where applicable), to:

  • create and administer your account,
  • respond to your request, questions and concerns,
  • send you marketing communications,
  • improve our Service,
  • conduct research and analysis,
  • enforce our Terms of Use,
  • display content based upon your interests,
  • for distribution to our third party service providers associated with an investment in the Waratah Funds
  • facilitate your transactions with other users, as applicable,
  • contact you regarding changes to our Policy, Terms of Use, or other policies or terms that affect you and your use of our Service, and
  • for other purposes as described in this Policy.

We may combine the information we collect with information available from other sources, including information received from promotional partners or other third parties.

Agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for us.

Your Consent 

We will collect, use, or disclose your personal information only with your knowledge and consent, except where required or permitted by Applicable Privacy Laws.  When you choose to provide us with your personal information you consent to the use of your personal information as identified in this Policy and as may be further identified at the time of collection.

Express Consent

Sometimes you will be asked to give your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate your consent to receive marketing communications in compliance with Canada’s anti-spam laws.

Implied Consent

Other times, you may provide your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that you have given consent by some action you have taken or an action you have decided not to take.  Generally, this occurs where the purpose for the use of your personal information would be reasonably apparent to you – for example, when you provide us with your address through a form or email seeking information, you provide us with implied consent to use that address in order to respond to your request.

Withdrawing Your Consent

You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your personal information.  We will accommodate your request subject to legal and contractual restrictions.  The most common way of indicating this withdrawal of consent is (i) by changing your privacy preferences to the extent such functionality is made available through the Service, or (ii) deleting your account with the Service and stopping use of the Service.  In other situations, you may be able to opt out of the use of your personal information.  For example, if you have “opted in” or subscribed to one of our mailing lists, we will always provide you the opportunity to “opt out” or unsubscribe, whether through an unsubscribe link or by contacting our Privacy Officer.

You may also choose not to provide us with your personal information. However, if you make this choice we may not be able to provide you with the Service, or information that you have requested.

Disclosure and Sharing of Personal Information

We will share your personal information with third parties only in the ways that are described in this Policy. We will not sell your personal information to third parties, however the use of our Service necessarily requires some sharing or disclosure of your personal information.  Some of these activities may result in personal information collected by us being stored or processed in the United States or elsewhere outside of Canada and, as a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the USA PATRIOT Act, the USA FREEDOM Act and other applicable laws of the United States or elsewhere. [NTD: Please confirm whether the website uses any third party service providers, which may also collect the personal information of your users – this will need to be called out in this Privacy Policy]

Third Party Processors

We may provide your personal information to companies that provide services to help us with the Service such as web hosting providers, payment processors, product shipping providers, fulfilment agencies, or customer service agencies (“Third Party Processors”). These Third Party Processors are authorized to use your personal information only as necessary to provide these services to us, and in a manner consistent with this Policy.  We have selected Third Party Processors who will only use your information in compliance with this Policy, but they may have their own specific policies regarding the collection, use and disclosure of personal information.  We will use commercially reasonable efforts to identify such Third Party Processors when we are collecting your personal information, as well as providing links to the relevant privacy policies that may apply.

Further Disclosures

We may also disclose your personal information:

  • as required by law such as to comply with a subpoena, or similar legal process,
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, or
  • to any other third party with your prior consent to do so.

Third Party Links

Our Service may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of your personal information.  We encourage you to read the privacy policies of those other websites to learn how they collect and use your personal information.

Investment Advisor

If you are a non-investment advisor user, the Service may permit you to grant access to your account through the Service to an investment advisor. Please be aware that if you authorize an investment advisor to access your account, the investment advisor will have access to any of the personal information that is available through your account. We are not responsible for an investment advisor’s collection, use or disclosure of your personal information. Please contact us immediately/use the “grant access” feature of the Service if you wish to add, revoke or change any access to an investment advisor.

How You Can Access, Update and Remove Your Personal Information

Applicable Privacy Laws allow, to varying degrees, individuals the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist you with such an access request. This includes:

  • identification of personal information under our custody or control;
  • information about how personal information under our control may be or has been used by us; and
  • the names of any individuals and organizations to which the individual’s personal information has been disclosed.

We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to. In certain exceptional circumstances, we may not be able to provide access to certain personal information we hold about an individual. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters. We destroy your information when it is no longer needed or required to be kept, or we remove your personally identifiable information to render it anonymous.

CASL Policy

We are committed to compliance with the law known as Canada’s Anti-Spam Legislation (“CASL”).   Any electronic communication sent by us to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message we send (a “CEM”), which is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.

In addition to adopting this Policy, and to provide transparency about our compliance, we have undertaken various initiatives in order to ensure we are compliant with CASL in various respects:

  • Consent—We do not send CEMs without your consent. This consent typically must be “express” (or expressly acknowledged by you), but in certain circumstances consent can be “implied” and in others, messages are specifically exempt from consent requirements.  We have modified or adopted our sign-up, registration and consent forms in order to ensure that the express consent obtained from you is in compliance with CASL.  When we are collecting your electronic contact information, you will know what purposes we want to use it for.
  • Content—We have adopted processes to ensure that our CEMs contain the prescribed content of CASL.  On any CEM from us (usually in the footer), we will clearly:
    • Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
    • Provide you contact information where you can readily contact us; and
    • Set out a clear, working unsubscribe mechanism (or preference centre) that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
  • Clarity—We have ensured that each constituent element of a CEM (including its header, its content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.

If you have received a CEM from us, and you believe that you should not have or you do not wish to receive them (even if we are allowed to send them), we will endeavour to respect your inbox preferences.  Without limiting our legal rights or obligations, we try to ensure that our messages all contain useful identity information and unsubscribe or preferences link in our messages—if you check the CEM itself, you will find clear instructions on how to stop receiving CEMs from us or manage your mail preferences.  When you unsubscribe, it should happen very quickly – but as required by CASL we will make sure it occurs within 10 business days.  If you have any questions or concerns about our unsubscribe methods, you may contact us at the address indicated below.

Security of Personal Information and Risks of Harm

General Security Practices

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We employ physical, administrative, contractual and technological safeguards to protect personal information, and insist that our service providers do the same.   We insist that our personnel, and those of our providers, only access and use personal information in order to properly perform those duties, and even then only to the strict extent necessary to perform them.

Online Security

[NTD: If you use SSL encryption when collecting sensitive information, include the following purple highlighted text][When you enter sensitive information (such as credit card number) on our online forms, we encrypt the transmission of that information using secure socket layer technology (SSL).  SSL encrypts information entered on our site before it is sent over the Internet, and we use SSL in an industry-recognized standard manner to encrypt our Internet transmissions to and from you.] [NTD: If you store sensitive/personal information in an encrypted form, include the following text][In addition, to the extent we do store your personal information, we store it in encrypted form, and it is unencrypted in memory by our Service when and as needed.] We follow generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it.

Where We Store Information

  • Information we collect will be transferred to, stored and processed in [][NTD: Please confirm].

Risks of Harm

  • No method of transmission over the Internet, or method of electronic storage, is 100% secure, and so you should always exercise caution when disclosing sensitive information over the Internet.
  • As previously mentioned, your personal information may transferred to, stored or processed in the United States or elsewhere outside of Canada and, as a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the USA PATRIOT Act, the USA FREEDOM Act and other applicable laws of the United States or elsewhere. [NTD: Adjust based on the information in (c) above]

If you have any questions about security on our Website, please contact our Privacy Officer.

Contact Information

You can direct any questions or concerns regarding our compliance with this Policy to our Privacy Officer by email: dimitri@waratahcap.com.

If you are not satisfied with our Privacy Officer’s response to their question or concern you may be able to make a complaint under Applicable Privacy Laws.  Our Privacy Officer can provide you with the contact information to make such a complaint.

End of Privacy Policy