Privacy Notice
This Privacy Policy applies to the operations of Leith Wheeler Investment Counsel Ltd. We are dedicated to respecting and protecting the privacy and confidentiality of the information you have entrusted to us. Our privacy policy outlines our privacy principles and practices.
By submitting personal information to Leith Wheeler and/or visiting our website or online client portal, you signify your consent to the collection, use and disclosure of such information in accordance with this privacy policy.
Accountability
We are accountable for the personal information under our control by establishing, training our staff in, and enforcing our privacy policies and procedures to promote compliance with these privacy principles. We have designated a Chief Privacy Officer, who is our Chief Financial Officer, who is accountable for personal information under our control and responsible for compliance with this Privacy Notice.
We have strict policies and procedures for governing how we deal with your personal information, including the retention and destruction of personal information, the roles and responsibilities of our personnel in the handling of personal information and procedures for handling complaints regarding our protection of personal information. Every employee is responsible for respecting and protecting the personal information to which the employee has access.
Consent
Before we collect, use or disclose any personal information about you, we require your 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.
We may obtain your consent in any number of ways. We may obtain your express consent verbally, online or in writing. An example of this is when we collect your information via our account application form, which formally requests your consent for us to collect and use the information when you sign the application. We may obtain implied consent through your use of a product or service, or when you approach us to obtain information, inquire or apply for products or services from us.
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 Privacy Officer.
Identifying Purposes
Leith Wheeler collects and uses personal information concerning our clients and prospective clients for purposes of providing the services requested by you as our client and in order to fulfill our legal obligations. We will only use or disclose your personal information for the reason it is collected or for other purposes you consent to, or when it is required by law. More specifically, we may collect, use and disclose personal information from you for the following purposes:
- Identifying you and ensuring the accuracy of information contained in your client record;
- Satisfy know-your-client and suitability requirements;
- To provide investment management services to you, including the administration, operation and maintenance of your Account(s), entering into and processing transactions within your portfolio;
- Providing you with account statements, transaction confirmations, tax receipts, financial statements, proxy mailings, registered plan notices, and other information which you may request as needed to service your Account;
- To transfer your Account to or from another institution;
- To allow Leith Wheeler to comply with its legal and regulatory obligations, as well as its policies and procedures;
- For legitimate business purposes, such as the improvement of our operations and services provided to you through your contractual arrangements with us;
- To fulfill any other purposes for which you specifically provide Leith Wheeler with personal information;
- To contact and correspond with your agents, if any;
- To improve our website, its content and features; and
- Such other purposes permitted or required by applicable law.
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.
Limiting Collection of Personal Information
We will collect only personal information necessary for us to provide the products and services you request. We will not collect any personal information beyond what is allowed by law. Our website collects log files to measure usage statistics. This information is not used to identify or contact individuals.
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 this Privacy Notice 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.
Disclosure to Others
Your personal information may be disclosed to agents, third-party service providers, intermediaries and regulatory organizations – but only for the purpose of providing our services to you.
We may outsource data for storage and processing to third parties in foreign jurisdictions. Your personal information may be accessed under the laws of such other countries to which the information has been transferred.
Any time we transfer information to a third party, we will ensure that such third party maintains at least the same safeguards over such information as it does its own confidential information.
We may disclose personal information collected, or that you provide, as described in this Privacy Notice:
- Where we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity;
- To comply with a subpoena, warrant, court order, law or legal process, including to respond to any government, regulatory or law enforcement request:
- If we believe disclosure is necessary or appropriate to protect the rights and property of Leith Wheeler and its affiliates, or the rights and property of others: and/or
- As otherwise required or permitted by law.
We may also disclose your personal information if we intend to sell or transfer ownership or control of any part of the business, operations or services to a third party, including as part of a reorganization, merger, divestiture or dissolution.
Accuracy
We will endeavor 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.
Safeguarding Client Information
We maintain appropriate security safeguards to protect against unauthorized access, disclosure, copying, use or modification, theft, misuse, or loss of your personal information in our custody or control. These safeguards are appropriate to the sensitivity of the information.
We have a policy and procedures in place which inform our employees, representatives, and agents of our and their responsibilities when collecting, using, and disclosing the personal information that we collect. We provide our employees with annual training on our privacy policy.
We maintain appropriate physical, electronic, technological, procedural, and organizational safeguards to protect against unauthorized access, disclosure, copying, use or modification, theft, misuse, or loss of your personal information in our custody or control. These safeguards are appropriate to the sensitivity of the information.
We have agreements in place with third-party service providers requiring that personal information we provide to them must be safeguarded and used only for the purpose of providing the service we have requested the provider to perform.
Openness
You can request written information about our policy relating to the management of your personal information by contacting our Chief Privacy Officer.
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. You may verify the accuracy and completeness of your personal information and request any appropriate amendments to it by request to our Chief Privacy Officer.
You have the right, subject to certain limitations, to formally request to review or verify your personal information, or to find out to whom we have disclosed it. To make a formal request for access, please send a written request to our Chief Privacy Officer. Please include your full name, address, telephone number, and account number(s) on all correspondence to us and provide enough detail to allow us to identify the information you want and the details of the information that you are seeking.
Please note that we may not be able to provide you with this information in certain circumstances, for example without limitation, where such information:
- Contains references to other persons
- Contains proprietary information confidential to us
- Has been destroyed
- Is too costly to retrieve
- Is subject o legal or some other form of privilege
- Cannot be disclosed for legal reasons
- Relates to an investigation.
If we are unable to provide some of the personal information we hold about you, we will tell you why, when permitted by law.
We will advise you in advance if a minimal charge will be required for conducting the search and we will respond to your request within 30 days.
Challenging Our Compliance
If, at any time, you have reason to question our compliance with applicable privacy legislation or wish to have a better clarification and understanding of the principles outlined above, you can contact our Chief Privacy Officer who serves as our Privacy Officer. If after contacting us you do not feel that your concern has been adequately addressed, you may wish to contact:
Office of the Privacy Commissioner of Canada: www.priv.gc.ca
Office of the Information and Privacy Commissioner for British Columbia: www.oipc.bc.ca