Disciplined Investing. Focused on Relationships.
Privacy Policy
OVERVIEW
Winderemere Capital (Canada) Inc. ("Windermere" or "we") recognizes that all client personal information is private and confidential. Windermere has adopted a comprehensive privacy policy and implemented practices to protect such information and to ensure compliance with privacy legislation and, in particular, with the requirements of the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
PERSONAL INFORMATION PROTECTION and ELECTRONIC DOCUMENTS ACT (PIPEDA)
PIPEDA is the privacy legislation of the Canadian federal government which covers virtually all commercial activity in Canada, effective January 1, 2004. Under this Act no business may collect, use or disclose personal information about an identifiable individual ("client information") without first clearly defining the purpose of such collection, use or disclosure and obtaining the individual's informed consent. The collection, use or disclosure is limited to purposes that a reasonable person would consider appropriate in the circumstances. The privacy law also regulates the protection, retention and destruction of personal information and provides individuals with the right to access and challenge information, and establishes complaint procedures and avenues for redress.
PIPEDA outlines ten privacy principles, which form the basis of Windermere's privacy policy.
PRIVACY POLICY
Windermere's Privacy Policy recognizes the following principles:
ACCOUNTABILITY
Windermere acknowledges the importance and necessity of safeguarding the private and confidential information belonging to our clients. As such, we have appointed a Privacy Officer to ensure compliance with privacy legislation and to inform all Windermere staff of the need to use the utmost discretion when dealing with client information. Windermere's Privacy Officer has the responsibility to carefully analyze and alter collection procedures both on a preliminary and ongoing basis to assure maximum privacy protection.
IDENTIFYING PURPOSES
Client information is any information that identifies an individual. This includes such items as an individual's name, address, age, financial information, social insurance number, personal email address and telephone numbers. It may also include personal investment portfolio data (to enable Windermere to provide investment advice). Information is collected in order to determine a client's identity, establish a client's eligibility for a product or service, to protect all parties against errors or fraud (e.g. money laundering), to comply with legal requirements (e.g. anti-terrorism legislation) and to communicate with the client (e.g. send annual financial statements of the funds managed by Windermere). Windermere will only use client information for the purposes identified either before or at the time of collection. We will not sell your information.
CONSENT
Windermere will only use client information for identified purposes. If the information is required for any new use, Windermere will take the necessary steps in order to seek additional consent. Consent may be expressed in writing, orally or may be implied directly by yourself or your authorized representative. Consent to use personal information may be withdrawn by a client at any time by contacting Windermere's Privacy Officer. Note however that legal or other requirements may prevent clients from withholding consent and a decision to withhold personal information may limit the services or products that Windermere can provide to the client.
LIMITING COLLECTION
Windermere will only collect client information as needed at the time in compliance with this policy. In most cases consent is obtained via the subscription agreement process for client investments in funds managed by Windermere. We will do our best to explain why the collection of information is necessary in a clear and informative fashion. Windermere does not collect any personal information from visitors browsing our website although personal information may be requested if a visitor chooses to send Windermere an email message.
LIMITING USE, DISCLOSURE AND RETENTION
Client information will only be used for the purposes for which it was collected. Windermere may share client information with other parties as required by law (e.g. for tax reporting purposes to the government) and with third parties who provide services to Windermere (e.g. unitholder registration, client statement preparation and mailing). Windermere has agreements with such third parties service providers to ensure the proper handling and protection of personal information. We may also be required to provide client information when responding to a search warrant, court order or other legally valid request. Windermere will only retain client information for as long as needed in order to satisfy the stated purposes at the time of collection. When the information is no longer required we will take the necessary measures to destroy, dispose of, or erase the information.
ACCURACY
Windermere strives to ensure that client information is accurate at all times.
SAFEGUARDS
Windermere has put in place various policies, procedures and guidelines in order to ensure that client information is protected against unauthorized access, theft or improper disclosure. Security measures include passwords on networks and systems and restricted access to our offices, and records within the offices. All Windermere staff are subject to privacy procedures when dealing with client information and are responsible for ensuring the confidentiality of any information accessed. Client information may be in paper or electronic form.
OPENNESS
At Windermere we make every effort to explain to our clients our policies and procedures and how we manage client information. Windermere's Privacy Policy can be found on our website (www.hillsdaleinv.com) or can be requested via email or phone. If clients have additional questions the Privacy Officer will do his/her best to help them understand Windermere's policies and procedures.
INDIVIDUAL ACCESS
Individuals have the right to verify the accuracy and completeness of their personal information, and may request that it be amended. When requested, and supported by appropriate identity information, Windermere will provide clients with their personal information as maintained in the files. Under certain circumstances Windermere may not be able to provide clients with access to specific pieces of information, for example (i) information containing references to other persons, (ii) information containing proprietary information confidential to Windermere, (iii) information that has been destroyed or (iv) information that is too costly to retrieve.
CHALLENGING COMPLIANCE
Inquiries and complaints will be reviewed by Windermere's Privacy Officer and will be dealt with in a timely fashion. Individuals who are not satisfied with Windermere's actions can bring the complaint to the attention of the federal Privacy Commissioner. Contact information for the Privacy Officer is provided below:
Windermere Chief Privacy Officer
Phone: 514-908-4200 Fax: 514-908-4200 E-mail: info@windermerecapital.com
Mail: Windermere Capital (Canada) Inc., 1001 Boul. De Maisonneuve West, Suite 205, Montreal, Quebec H3A 3C8
OTHER INFORMATION
The Personal Information Protection and Electronic Document Act can be found on the Department of Justice website at:
http://laws.justice.gc.ca/en/P-8.6/91355.html