Privacy Policy
Overview
Delaney Capital Management Ltd. ("DCM", the "Firm", "we", "our" or "us") is committed to protecting your privacy and the confidentiality of your personal information that is provided by you to us. This Privacy Policy sets out the information practices of the Firm, including what kind of information is collected, how the information is used and with whom this information might be shared.
Accountability
We are responsible for all personal information provided to us by you. Employees involved in collecting, disseminating and maintaining personal information are trained in respect of this Privacy Policy. DCM’s Chief Compliance Officer, Mr. Stephen Miller, in his capacity as the Firm’s Privacy Officer, is responsible for the implementation of this Privacy Policy. If you have any questions or concerns regarding our Privacy Policy, you may address them to:
Delaney Capital Management Ltd.
Attention: Mr. Stephen Miller, Chief Compliance Officer and Privacy Officer
TD Bank Tower
4410–66 Wellington Street West
Toronto, Ontario M5K 1H1
Phone: (416) 361-0688
Toll Free: (800) 268-2733
Email: smiller@delaneycapital.com
Accuracy
We endeavour to verify that your personal information is as accurate and complete as necessary for the purposes for which it is collected, used and disclosed. From time-to-time, you may be asked to verify the accuracy of the information we have collected in respect to you. If your personal information changes, please contact us to provide an update.
Personal information
Personal information includes factual or subjective information, recorded or not, about an identifiable individual.
This may include information such as: age, name, ID numbers, income, financial information, etc.
Personal information has to be protected regardless of its characteristics or its form.
When you arrange to open one or more managed investment account(s) with us (collectively, an “account”), we may collect personal information about you, including, without limitation:
(i) your legal name, address, occupation, telephone numbers and e-mail addresses;
(ii) your date of birth;
(iii) your Social Insurance Number;
(iv) your identification in the form of a passport or valid driver’s license or other form of acceptable identification such as a recent utility bill to verify your address;
(v) details of your financial circumstances, including your income, your assets and liabilities, any legal undertakings and guarantees, your dependents, residency, citizenship and tax status;
(vi) details of your investment experience, your goals and financial planning objectives;
(vii) whether you may be a domestic or foreign politically exposed person or the head of an international organization (or fall under any other relevant category) for purposes of applicable anti-money laundering and anti-terrorist financing legislation; and
(viii) your insider status, if any, in respect of publicly listed entities.
A variety of other personal information pertaining to the operation of a managed investment account (security purchases and sales, deposits, withdrawals and security transfers) may also be collected over time. For legal entities such as businesses, trusts, partnerships or estates, we may also collect information about the legal structure of the entity and information about those individuals authorized to act on the entity’s behalf. Where applicable,we may collect information in regard to the beneficial owners and authorized signatories of these legal entities.
Purpose of information collection
We collect personal information for various purposes, including to:
(i) meet the account opening requirements of the custodian(s) of your account, as well as any relevant financial institution or other service provider;
(ii) establish the basis of developing an investment mandate with you further to which your designated assets will be managed by the Firm;
(iii) document which other persons, entities or professional advisors, if any, may have access to your account information, may be authorized to request information from us and/or may be authorized to provide investment instructions to us, on your behalf;
(iv) provide our services to you, which in addition to investment management, may include the delivery of other services as agreed to between us from time-to-time, as well as the preparation and delivery of documentation to you, including account statements and other reporting, as the case may be;
(v) allow the Firm to satisfy itself about the information it reports on to governmental or regulatory agencies, including under securities, tax and/or anti-money laundering and anti-terrorist financing legislation;
(vi) allow the Firm to prepare and distribute any information that may be required to be provided to Canadian federal, provincial and other local or foreign tax authorities, as the case may be;
(vii) report to securities regulators, as may be required, about the investment practices and operating procedures of the Firm and to allow such regulatory agencies to conduct periodic compliance audits of the Firm; and
(viii) assess and manage the risks posed to the Firm, including preventing fraud.
Consent
By retaining our services through the execution of an Investment Management Agreement, you consent to our collection and use of your personal information and to our disclosure of this personal information to certain third parties as outlined in this Privacy Policy and for the purposes set out in it.
You may withdraw your consent at any time, subject to legal or contractual restrictions. We will inform you of the consequences of such withdrawal, including the possibility that we may not be able to provide a product or continued services to you. If you choose not to consent, we will record the decision in our file.
We will typically collect personal information from you as part of the process by which accounts are opened or investment mandates are developed and reviewed. We may also collect additional personal information from you throughout the course of our relationship. Information may be collected through personal meetings, telephone discussions, e-mail and/or facsimile transmissions and also from third party service providers involved in supporting our services.
We may use your e-mail address to communicate with you about privacy issues you raise. E-mails we send over the internet are generally encrypted.
In limited circumstances, we have the right (or obligation) to collect, use or disclose personal information without your knowledge and consent. These circumstances include: (i) when we have reasonable grounds to believe the information might be useful when investigating a contravention of a federal, provincial or foreign law, (ii) during an emergency which threatens an individual’s life, health or security, or (iii) when mandated to provide such information by any federal, provincial or foreign law or regulation.
When information is being collected for the investigation of a potential breach of contract, the prevention or detection of fraud, or for law enforcement purposes, seeking consent might defeat the purpose of the information collection. Similarly, seeking consent may be impossible or inappropriate when you are a minor, seriously ill or otherwise incapacitated.
We retain personal information for as long as we require it for the reasons it was collected and as required by law. This period may extend beyond the end of your relationship with us in order for us to have sufficient information to respond to any issue that may arise at a later date.
Limits to collection, use and disclosure
We limit the collection of your personal information to what we need in relation to the purposes identified to you. We limit the use of your personal information to the purposes we have identified to you. This means that we cannot use your personal information for other purposes without your consent, except as required or permitted by law. We cannot disclose your personal information to anyone except with your consent or as required or permitted by law.
Your personal information is only accessible to certain authorized persons, and only to the extent necessary to perform their duties. We do not sell, rent or lease our customer lists to any third party.
We may disclose and share your personal information with our affiliates, as well as with certain service providers or agents, certain of whom may be located outside of your province of residency, the whole to ensure the proper administration of your accounts with us or to provide you with the products or services you require. This may include, without limitation: (i) custodians (such as RBC Investor & Treasury Services), (ii) our portfolio management systems providers (such as Infinite Investment Systems Ltd.), (iii) anti-money laundering and antiterrorist financing screening service providers, and (iv) other service providers to the Firm, such as fund administrators or record-keepers, transfer agents, brokers as well as accounting, audit, information technology tax and legal service providers.
We also may disclose and share your personal information with governmental or regulatory authorities and/or agencies (such as the Ontario Securities Commission) when so required including under applicable laws or regulations.
If we sell the Firm or enter into an acquisition or merger agreement with another company, we may release the information we have about you to prospective purchasers. We will require any prospective purchaser to protect the information provided consistent with the Firm’s privacy policies and practices.
You have the right to know, on request, to whom your personal information was disclosed. Only in rare instances are we prevented by law from making such disclosure. We maintain accurate records, recording to whom we disclose personal information and in what circumstances it was disclosed.
Safeguards
In the event of a data breach that exposes your personal information, there are serious risks that can arise, including with respect to identity theft, and fraud. To safeguard your personal information, we maintain it on our secure computer networks and within our office files. Your personal information may also be stored in or on a secure off-site storage facility. Your personal information is also stored by the service providers described herein and as described in other documentation that you enter into with us or directly with a service provider. The Firm employs a variety of security measures to reduce the possibility of theft of personal information or accidental disclosure.
Request for access to information and amendments
You have the right to be informed whether we hold personal information about you and to see that information.You have the right to enquire as to how we collected your information, how we used it and to whom it may have been disclosed. You may enquire as to the accuracy and completeness of your personal information. You may request that we update any personal information we have on file in your regard to ensure your personal information remains accurate and up to date. You may express any concerns at no additional cost to you. We will respond to any request made by you within a reasonable period of time. All client concerns shall be documented and maintained in a written and/or electronic file. We will use commercially reasonable efforts to promptly determine and rectify any problems identified.
We have the right to refuse access to personal information by you if: (i) the information is protected by legal privilege, (ii) the information was collected for purposes related to the detection and prevention of fraud, (iii) the information was generated in the course of a formal dispute resolution process, (iv) granting access might reveal confidential commercial information, or (v) it is reasonably expected that such personal information might lead to the threatening of the life or security of another individual.
For any questions regarding our Privacy Policy, to access your personal information, or to request an amendment of your personal information, please contact:
Delaney Capital Management Ltd.
Attention: Mr. Stephen Miller, Chief Compliance Officer and Privacy Officer
TD Bank Tower
4410–66 Wellington Street West
Toronto, Ontario M5K 1H1
Phone: (416) 361-0688
Toll Free: (800) 268-2733
Email: smiller@delaneycapital.com
Changes to this privacy policy
DCM may amend or update its Privacy Policy and personal information handling practices from time to time at its sole discretion. The collection use and disclosure of personal information by DCM will be governed by the version of the Privacy Policy in effect from time to time. DCM will provide its clients with access to its updated Privacy Policy and obtain their consent to the continued use of their personal information under the Privacy Policy where there are significant changes to its use. A copy of this Privacy Policy may also be accessed on our Firm’s website: www.delaneycapital.com.