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Terms of Use & Privacy Policy

Privacy Policy


At Leith Wheeler, maintaining your privacy and your personal information within a safe and secure environment is very important to us. Personal information is any information that can be used to identify you as an individual, including your name, age, address, financial details and any other identifying information that you choose to provide. Personal information does not include so-called “business card information” such as your business telephone number and address in your capacity as an employee of an organization. We are committed to providing a quality service in a manner that fosters trust and confidence between Leith Wheeler and our clients. We limit the collection, use and disclosure of personal information to data that will enable us to provide our products and services and to meet regulatory requirements. We do not sell or distribute any client information to any third parties for the purpose of marketing or soliciting any products or services. To formalize our conduct governing the collection, use and disclosure of our clients’ personal information, we have adopted the following Privacy Principles (the “Principles”) that will enable us to comply with the legislation passed by both the provincial and federal governments.

Privacy Principles

  1. Accountability
    Leith Wheeler will be responsible for ensuring that any personal information we collect, retain and use about a client will be maintained within our control. We will not distribute trade, rent or sell personal information. If, at any time, there are questions or concerns regarding the use of your personal information, please feel free to contact our Chief Financial Officer.
  2. Consent
    Before we collect, use or disclose any personal information about our clients, we require their consent. We will only collect personal information necessary for us to provide the products and perform the services requested to the best of our ability.
    You may refuse to provide personal information and may, subject to legal or contractual restrictions and reasonable notice, withdraw consent at any time to the continued use and disclosure of personal information previously collected. Please note that refusing or withdrawing your consent may result in us being unable to provide you with certain products or services. You can withdraw your consent at any time by writing to our Chief Financial Officer.
  3. Identifying Purposes
    We will provide our clients with a full and complete description of the reasons why we require certain personal information and the purposes for which it will be used.
  4. Limiting Collection of Personal Information
    We will collect only personal information necessary for us to provide the products and services you request. Our website collects log files to measure usage statistics. This information is not used to identify or contact individuals.
  5. Limiting the Use Disclosure and Retention of Personal Information
    Personal information may be used to provide clients with information about requested products or services, or in the provision of those products or services. Personal information will only be used or disclosed for the purposes identified when collected and identified in these Principles or later consented to. We will only use or disclose personal information for other purposes with our clients’ consent or when permitted or required by law. Personal information will only be retained for the period of time required to fulfill the purposes for which it was collected or as otherwise permitted or required by law.
  6. Accuracy
    We will endeavour to maintain personal information in as accurate, complete and up-to-date a manner as is necessary to fulfill the purposes for which it was collected.
  7. Safeguarding Client Information
    We will maintain the information within a safe and secure environment, as appropriate, due to its sensitive nature.
  8. Openness
    Our clients can request written information about our policies and practices relating to the management of their personal information by contacting the Chief Financial Officer.
  9. Client Access
    Upon request, clients will be informed of the existence, use and disclosure of their personal information, and shall be given access to it, except where a legislative exception applies. Clients may verify the accuracy and completeness of their personal information, and request any appropriate amendments to it by request to the Chief Financial Officer.
  10. Challenging Our Compliance
    If, at any time, a client has reason to question our compliance with applicable privacy legislation, or wishes to have a better clarification and understanding of the principles outlined above, they can contact our Chief Financial Officer who will serve as the Privacy Officer;

    By writing:
    Suite 1500 - 400 Burrard Street
    Vancouver B.C. V6C 3A6

    By telephone:
    (604) 683-3391

    By fax:
    (604) 683-0323
   

General Website - Terms of Use

Please read these Terms of Use as they govern your use of Leith Wheeler Investment Counsel Ltd.'s website and its content. Each time you access or use the website it signifies that you accept and agree to the terms set out below. If you do not agree to be bound by or comply with these terms, do not access or not use the website.

  • This website is not intended to provide advice or recommendations or offer to buy or sell any product or service. Leith Wheeler does not provide investment advice, tax advice, or legal advice through this website, and you agree that this website will not be used by you for such purpose. Leith Wheeler does not represent that the securities, products or services discussed on, or accessible through this website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and any provision of any information through this website shall not constitute or be considered investment advice, an offer to sell, or a solicitation of an offer to buy any securities. You should consult your investment advisor before acting based on any information provided on this website.
  • This website has been published for residents of the Provinces of Canada where Leith Wheeler’s services and products may be lawfully offered for sale, the information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Leith Wheeler or any of its products to any registration requirement within such jurisdiction or country. Leith Wheeler provides advisory services to clients in the Provinces of Canada other than Prince Edward Island. Certain of Leith Wheeler's Investment Funds are only available to persons resident or located in British Columbia, Alberta, Saskatchewan, Manitoba and Ontario. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, product or service to any person. If you choose to access this website from a location other than Canada, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
  • You acknowledge that this website is protected by applicable trademark, copyright, patent and other intellectual property laws. Accordingly, you may not copy, reproduce, distribute or alter any materials found on this website without Leith Wheeler’s written permission, except for personal, non-commercial use only.
  • Except as stated in these Terms of Use, this website and any site content is provided to you on an “As Is” basis without any representation, warranty or condition as to accuracy, timeliness, completeness or availability. Leith Wheeler and its directors, officers, employees, and agents exclude all warranties or conditions of any kind, whether express, implied or statutory in connection to this website and any site content that may be downloaded from this website. You accept your own risk that the internet or other online communications media may not perform as intended as a result of human, mechanical or other error, despite the efforts of Leith Wheeler, you, or any third party.
  • Except to the extent prohibited by law, Leith Wheeler, its directors, officers, employees and agents will not be liable to you or any one else for any consequential, incidental, special or indirect damage to your computer, loss or corruption of data, loss of profit, any losses that result from use of this website or any products or service deleted on this website which you suffer arising from your use, or inability to use, this website, whether or not, the circumstances giving rise to such loss or damage may within the control of Leith Wheeler within the control of any other party providing software or services support for this website.
  • You agree to indemnify, defend and hold harmless to Leith Wheeler and all its directors, officers, employees harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by Leith Wheeler and related parties in connection with any claim arising out of your use of the website.
  • Leith Wheeler reserves the right to monitor the use of the website. Leith Wheeler’s practices concerning information gathered during online sessions are explained below. These practices are consistent with and remain subject to Leith Wheeler’s Privacy Policy (available below). This website utilizes a variety of technologies (such as cookies and web beacons) to collect, store, and aggregate data about usage and browsing patterns. These technologies help Leith Wheeler to analyze and tailor the site for all users and better understand how this website is used. Except as noted herein, Leith Wheeler does not collect any personally identifiable information about you unless you choose to give us such information during an online session. If you are a registered user of this website who has enabled online access for your account(s), we collect all information that you submit through an online session. In this manner, your general usage patterns and other information noted above would be linked to you specifically.
  • If you do give us personal information during your session, we will collect, use and disclose that information to service your request and as otherwise described in our Privacy Policy. Click here for our Privacy Policy. By using this website, you agree to the collection, use and disclosure of your personal information in accordance with our Privacy Policy. Leith Wheeler may from time to time change our Privacy Policy without prior notice or liability to you.
  • Leith Wheeler has sole control over the website. Leith Wheeler reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. We suggest that you check these Terms of Use periodically for changes. They can be accessed from the link at the bottom of this website’s pages. Any changes, modifications, or additions to, or deletions from these Terms of Use shall be effective upon posting on the website.
  • Your use of the website is governed solely by the laws of the province of British Columbia and applicable federal laws of Canada.

Electronic Account Information Services: Terms and Conditions


Important: Please read this Electronic Services Agreement (“Agreement”) before using Leith Wheeler Investment Counsel Ltd.’s website to access your Leith Wheeler account(s) online. Your use of the Services (as defined below) will indicate that you have read this Agreement and accept and agree to be bound by the terms and conditions herein. If you do not agree to be bound by or comply with this Agreement, do not access or use the Services.

  1. Services
    In consideration of Leith Wheeler Investment Counsel Ltd. (“Leith Wheeler”) granting me use of Leith Wheeler's Electronic Services ("Services"), I agree with Leith Wheeler that the terms and conditions in this Electronic Account Information Services Agreement ("Agreement") will govern my use of the Services. The Services include electronic online access to my Leith Wheeler account information through the Leith Wheeler website as well as other information relating to my account(s) that Leith Wheeler may make available.
  2. Terms of Access
    My use of the Leith Wheeler website to access the Services is governed by this Agreement and the Terms of Use of the Leith Wheeler website. By using any of the Services or by clicking the “I agree” button below, I agree that I accept and agree to be bound by the terms and conditions in this Agreement as amended from time to time in accordance with this Agreement. Leith Wheeler may change the terms and conditions in this Agreement at any time and from time to time it its sole discretion without notice by updating this Agreement on its website. Any changes, modifications or additions to, or deletions from, this Agreement shall be effective upon posting on the Leith Wheeler website. My use of the Services after any such updating will indicate that I agree to the changes that are made to this Agreement.
  3. Responsibilities of Access
    I shall be the only authorized user of the Services under this Agreement and shall only use the Services for my personal, non-commercial purposes. I understand Leith Wheeler will assign me a login name and temporary password (the “Passwords”) to access the Services. I shall be solely responsible for the confidentiality, security and use of my Passwords. I will not disclose my Passwords to any other person and will keep them separate from any other information which I will receive or which I already possess concerning the Services and take every reasonable precaution to keep them confidential. I agree to immediately notify Leith Wheeler when I suspect that my Passwords may have become known to any other individual, or otherwise lost, stolen or wrongfully accessed. Leith Wheeler shall not be responsible for the unauthorized use of the Services by any other person using my Passwords. I understand that I shall be solely responsible for the monitoring of my account, and the use of any data, information or services obtained using my Passwords.
  4. Abuse of Access
    I will not use the use the Services for any illegal or fraudulent purposes or take any steps which could undermine the security or integrity of the Services. I will not attempt to enter restricted areas of Leith Wheeler's computer system or the computer systems of any entity related to or affiliated with Leith Wheeler or to perform functions in respect of such computer systems that I am not authorized to perform pursuant to this Agreement. Leith Wheeler may, in its absolute discretion, without notice, suspend my access to the Services by deactivating my Passwords for any reason if Leith Wheeler suspects that I am using the Passwords to obtain unauthorized access to other systems or information, or in any other manner not specifically permitted by this Agreement. Any suspension will be for such period of time as Leith Wheeler determines in its sole discretion to be necessary to permit the thorough investigation of such use. Leith Wheeler may terminate this Agreement immediately without notice if it determines in its sole discretion that I have undertaken unauthorized activity or Leith Wheeler's concerns with the use of my access to the Services cannot be reasonably explained.
  5. Confidentiality
    I acknowledge that all information available through access to the Services, including but not limited to the databases thereon, and the selection, co-ordination, and arrangement of the contents thereof (collectively, the “Confidential Information”), is confidential and proprietary to Leith Wheeler. I agree to keep such Confidential Information confidential and to utilise such Confidential Information solely for my own trading activities.
  6. Limitation of Liability & Disclaimer of Warranties
    I understand that Leith Wheeler will not be responsible for the accuracy, completeness, timeliness or use of any information received by me through the Services and that Leith Wheeler does not make any warranty or representation whatsoever concerning such information or the Services.
    I agree that under no circumstances shall Leith Wheeler, its directors, officers, employees and agents have any liability for any loss, cost, damages or inconveniences incurred by me or by another person as a result of my use of the Services or where I am unable to access or use the Services, for any reason or any period of time, even where as a result of the negligence of Leith Wheeler or its directors, officers, employees and agents.
    I agree, at my own expense, to indemnify, defend and hold harmless Leith Wheeler, its directors, officers, employees and agents and each of them (“Leith Wheeler Indemnities”) against any claims, demands, suits, liabilities, losses, damages, costs and expenses (including lawyer’s fees and disbursements as between solicitor and own client) suffered or incurred by them arising from, connected with, or relating to this Agreement, the Services, my access to or use of the Services, the unauthorized use of my Passwords, my breach of this Agreement, or any wrongful conduct by me or any person for whom I am responsible under this Agreement or at law. I agree to assist and co-operate as fully as reasonably required by Leith Wheeler in the defense of any such claim or other proceeding.
  7. Amendment and Termination
    I understand that Leith Wheeler may modify any or all of the Services at any time in its sole discretion and the Services may periodically be unavailable to me in order to allow for maintenance and updates. Leith Wheeler may terminate the provision of any of the Services in their entirety by providing notice to me via mail, telephone, email, fax or website posting.
    This Agreement is in addition to and not in substitution for any other present or future agreement between Leith Wheeler and me, including any agreement relating to my Leith Wheeler Account(s) or the Services or the Terms of Use of Leith Wheeler’s website. If there is a conflict or inconsistency between this Agreement and other agreements I have with Leith Wheeler (a) this Agreement will prevail regarding my access to my account information on the Leith Wheeler website, and (b) the agreement regarding my accounts generally will prevail regarding all other matters.
    Leith Wheeler Investment Counsel Ltd. is committed to protecting its clients' privacy and the confidentiality of their personal information in our possession. We have taken several measures in order to fulfil these commitments. Please refer to our Privacy Policy for more details.

    This Agreement shall be governed by the laws of British Columbia and the applicable Federal laws of Canada applicable thereto.

 		    



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