Federal Privacy Law and Personal Information

 

Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), applies to all entities that collect, use or disclose personal information. PIPEDA is concerned with the protection of personal information which is defined under the legislation to mean: “information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization”. Bloom Burton conducts business only with Institutional Customers and does not open accounts for individuals. Should Bloom Burton obtain personal information on an individual when opening an institutional account, Bloom Burton will govern itself in accordance with the policy.

 

One of the basic privacy principles governing PIPEDA is ensuring an individual’s informed consent as to how their personal information is collected, used and disclosed by Bloom Burton in the course of its commercial activities.

 

On a day-to-day basis, Bloom Burton collects personal information through:

 

New account application forms and related account opening documentation;

Account statements, trade confirmations and other records of trading and account activity; and

Cheques and financial records in relation to securities trading

The Bloom Burton Privacy Agreement is provided to clients upon account opening and describes how Bloom Burton collects, uses and discloses client information. In addition, clients provide their written consent to the collection, use and disclosure of their personal information upon completion of the Customer Agreement section of the New Account Application Form.

 

Bloom Burton has policies and procedures in place to protect our clients’ and employees’ personal information in compliance with the 10 privacy principles of PIPEDA, which are reflected in the following 5 Principles of the Bloom Burton Privacy Code:

 

Collecting and Using Information: When Bloom Burton collects client information, clients are advised of the purpose the information will be used for and obtains their consent to the collection.

 

Limitations on Collection, Use, Disclosure and Retention of Personal Information:

 

Bloom Burton is required to limit the collection of personal information to that which is necessary for the conduct of its business  under  regulatory  requirements and Bloom  Burton’s own policies. Bloom Burton may not use or disclose clients’ or others’ personal information for any purpose other than that for which it was collected, except with the consent of the individual or as required or permitted by law.   Personal information may only be retained for as long as it is necessary to fulfill those requirements.

 

Releasing Information: Bloom Burton does not sell client information. The release of client information to other persons or organizations is limited to very specific situations where Bloom Burton has consent or is legally permitted to do so.

 

Protecting Information: Bloom Burton protects and respects clients’ personal and financial information at all times. Bloom Burton retains customer information only as long as it is required and dictated by regulatory requirements.

 

Providing Information Access and Accuracy: Bloom Burton will make every reasonable effort to keep clients’ information accurate and will provide clients with access to information that it retains about them.

 

Respecting and Responding to Privacy Concerns: Clients have some options to refuse or withdraw consent to the collection, use and release of their information. Bloom Burton will clarify, record and respect the client’s preference.

 

Access to Information Requests under PIPEDA

 

Formal client requests for access to information under PIPEDA are directed and responded to by the CCO.

 

Regulatory Requests for Client Information

 

Bloom Burton and its employees are required to produce or make available for inspection client documents and information to IIROC; the securities commissions, and other regulators, as well as law enforcement agencies, regarding such situations or purposes as:

 

Surveillance of trading-related activity;

Sales, financial compliance and other regulatory audits;

Investigation of potential regulatory and statutory violations;

Regulatory databases;

Enforcement or disciplinary proceedings; or

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.

 

All requests are to be directed to the CCO. The fact of the request and any information arising from it must remain confidential from other employees and especially from the client.

 

Privacy Officer

 

Bloom Burton has designated the CCO as the Privacy Officer. The privacy officer is responsible for developing and maintaining security safeguards that protect the sensitivity and maintain the confidentiality of the personal information received.

 

Handling of Private Information

 

Bloom Burton employees are not to use the Firm’s private client information for any use other than those disclosed to the client. Private information is not to be disclosed to anybody outside of the Firm unless it is required to be by contract and business function, such as the Firm’s carrying broker, or a regulator that Bloom Burton is subject to.

 

Storage of Private Information

 

Client’s private information must be kept secure at all times. This means that after-hours, it must be kept in a locked filing cabinet, and only Bloom Burton employees with a need to know, should have access to this information.

 

You are entitled to request from us any personal information we have collected and maintain about you by writing to or contacting:

 

Bloom Burton Securities Inc.

65 Front Street East

Suite 300

Toronto, Ontario   M5E 1B5

 

Tel: 416-642-8871

 

Attention: Kari Tavener, Chief Compliance Officer

ktavener@bloomburton.com

 

Challenging Compliance

 

An individual client will be able to address a challenge to Bloom Burton’s Privacy Policy concerning compliance with the principles listed above.  It will be the responsibility of the Chief Compliance Officer to respond to the challenge in a fair and timely manner.