JonesTrading Canada Privacy Policy

JonesTrading Canada Inc., consistent with the other companies within the JonesTrading group of companies, takes steps to maintain the accuracy, confidentiality, security, and privacy of personal information. JonesTrading Canada Inc. (“JonesTrading Canada”, “we”, “us” or “our”) has adopted policies and procedures intended to meet privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation.

The purpose of this Policy is to inform our customers and other individuals we deal with (“you” or “your”) how we collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This Policy applies to our collection, use and disclosure of personal information in Canada. This Policy does not apply to information about our employees or to information that is not personal information.

JonesTrading Canada Privacy Policy

JonesTrading Canada and its agents and representatives collect personal information in a number of circumstances in the course of its business including acting as your securities broker. Personal information we collect may include:

  • name, address, telephone number, and other contact information;
  • background information (for example, name, address, birth date, Social Insurance Number /Tax Identification number, assets, and income) from you or your representative on applications or forms;
  • financial information including trading history and balances from transactional activity in your account;
  • credit and related financial information from our affiliates, credit bureaus, personal information agents, verification services and consumer reporting agencies, business and financial institutions with whom you have had or may have a financial relationship, organizations and other references you have provided to us;
  • information from other interactions with JonesTrading Canada (for example, discussions with our operations staff);
  • from other sources with your consent or with the consent of your representative (for example, from other institutions if you transfer positions to JonesTrading Canada); and
  • such other information with your consent or as permitted or required by law.

Use of Personal Information

JonesTrading Canada generally uses personal information for the following purposes:

  • evaluating your application;
  • verifying your identity and other information to ensure the accuracy of application data;
  • verifying your current and ongoing creditworthiness, if you apply for credit products;
  • determining your initial and ongoing eligibility for, and providing, the products and services you request;
  • processing transactions in your account;
  • responding to inquiries from you or your representative;
  • processing and compiling confirmations and reports;
  • facilitating tax and other reporting by issuers;
  • complying with tax reporting requirements such as using your Social Insurance Number for tax reporting purposes;
  • meeting security (including fraud and error prevention) and processing;
  • managing, administering, collecting or otherwise enforcing accounts;
  • maintaining business records for reasonable periods, including under regulatory requirements, and generally managing and administering our business;
  • complying with money laundering, terrorist financing or similar laws in Canada and foreign countries, including checking customer identities against watch lists established by regulatory agencies or similar bodies in Canada and other countries, and otherwise complying with legal or regulatory (including industry self-regulatory) requirements; and
  • otherwise with consent or as permitted or required by law.

Disclosure of Your Personal Information

JonesTrading Canada may disclose personal information such as in the following circumstances:

  • to credit bureaus, personal information agents, verification services and consumer reporting agencies. The credit/consumer reporting system relies on the accuracy and completeness of the information provided to credit bureaus, personal information agents and consumer reporting agencies. As such during the term of a credit facility/loan, we must continue to collect, use, or share your personal information with the credit bureaus, personal information agents and consumer reporting agencies to support and maintain the integrity of the credit/consumer reporting system. However, if an account is closed voluntarily with no balance owing, we will stop providing the account information to the credit bureaus and personal information agents;
  • to business and financial institutions with whom you have had or may have a financial relationship;
  • to references you have provided to us;
  • to affiliates of JonesTrading Canada (including outside of Canada) for internal audit, management or administrative purposes. JonesTrading Canada is a wholly owned subsidiary of JonesTrading Institutional Services LLC (JTIS). JonesTrading Canada and JTIS are both registered with the Ontario Securities Commission (OSC). Certain officers and directors perform services for both companies, but any representative of JonesTrading Canada with whom you deal will be acting as a representative of JonesTrading Canada. If you also have an account with JTIS, any representative of JTIS with whom you deal will be acting as a representative of JTIS. The JonesTrading group includes both JonesTrading Canada and JTIS as separate corporate entities in order to facilitate access by customers to exchanges in both countries;
  • to third party service providers (including affiliates acting in that capacity), such as clearing firms and service bureaus, that use, process, store or handle personal information on JonesTrading Canada’s behalf and for JonesTrading Canada’s purposes, including outside of Canada;
  • to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of JonesTrading Canada or its business or assets, for purposes relating to evaluating and performing these transactions;
  • to government agencies and law enforcement officials (for example, for tax reporting or under court order);
  • to self regulatory organizations including Investment Industry Regulatory Organization of Canada (IIROC), securities exchanges and the Canadian Investor Protection Fund who require disclosure of personal information of current and former clients for purposes that include:
    • surveillance of trading-related activity
    • sales, financial compliance, trade desk review and other regulatory audits
    • investigation of potential regulatory and statutory violations
    • regulatory databases
    • enforcement or disciplinary proceedings
    • reporting to securities regulators
    • information-sharing with securities regulatory authorities, regulated marketplaces, other self-regulatory organizations and law enforcement agencies in any jurisdiction in connection with any of the foregoing.
  • with your consent or as directed by your representative (for example, if you use JonesTrading Canada as a financial reference in applying for credit with another institution); and
  • as permitted or required by law.

Service Providers. JonesTrading Canada may transfer personal information to outside agents or service providers (including affiliates of JonesTrading Canada acting in this capacity) that perform services on our behalf, for example to clear brokerage transactions or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Privacy Policy. Some of these service providers or affiliates may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Privacy Policy. Reasonable contractual or other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada, the United States and other foreign countries applicable to our affiliates, agents and service providers, for example lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions. Personal information may be used by JonesTrading Canada and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of JonesTrading Canada or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:

  • permitting those parties to determine whether to proceed or continue with the transaction
  • fulfilling reporting, inspection or audit requirements or obligations to those parties

Assignees or successors of JonesTrading Canada or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Policy.

Legal, Regulatory, etc.JonesTrading Canada may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable to JonesTrading Canada or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).

The Internet

The JonesTrading Canada Web site may contain links or references to other Web sites to which this Privacy Policy does not apply. JonesTrading Canada is not responsible for the data collection and use practices of companies or organizations to which the JonesTrading Canada Web site may provide links. We encourage you to read the Privacy Policy of every Web site you visit.

Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney).Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy, if applicable, or otherwise at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing services to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Policy or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on credit information after credit has been granted, if applicable).

JonesTrading Canada collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Security

We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. The methods of protection may include

  • physical measures such as locked filing cabinets and restricted access to offices
  • organizational measures, such as security clearances and limiting access on a “need-to-know” basis
  • technological measures such as the use of passwords and encryption.

In the online world we employ all of the safeguards described above, along with the following Internet-specific practices. JonesTrading Canada uses a variety of protections to help maintain the security of your online session. For example, we use firewall barriers, encryption techniques and authentication procedures. We also use cookies and similar files that may be placed on your hard drive for security purposes, to facilitate site navigation and to personalize the appearance of our site.

Authorized employees, agents and mandataries of JonesTrading Canada and of our service providers who require access to your personal information in order to fulfil their job requirements will have access to your personal information.

Access, Correction and Contacting Us

JonesTrading Canada may establish and maintain a file of your personal information for the purposes described above, which will be accessible at the offices of our affiliate, JonesTrading Institutional Services, at 32133 Lindero Canyon Road Suite 208, Westlake Village, CA 91361. If you wish to request access or correction of your personal information in our custody or control, you may write to JonesTrading Canada c/o JTIS at the above address, attention Privacy Officer. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above, send an e-mail to privacyofficer@jonestrading.com or telephone 877.566.3710.

Privacy Policy Changes

This Privacy Policy may be revised from time to time. If we intend to use or disclose personal information for purposes materially different than those described in this Privacy Policy, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Privacy Policy. If you are concerned about how your personal information is used, you should contact us as described above or checking the Privacy section of our website periodically at www.jonestradingcanada.com to obtain a current copy of this Privacy Policy. We urge you to request and review this Privacy Policy frequently to obtain the current version. Your continued provision of personal information or use of our services following any changes to this Privacy Policy constitutes your acceptance of any such changes

This Privacy Policy is posted on April 30, 2009.