UBS Bank (Canada) is committed to maintaining the
confidentiality of your personal information.
UBS Bank (Canada)'s Privacy Code consists of the
following 10 Principles (the "Principles"):
Accountability: within UBS Bank (Canada) for
compliance with the Principles;
Identifying Purposes: awareness within UBS Bank
(Canada) about why it collects personal information and
communication with you about these purposes;
Consent: you must consent to the collection, use and
disclosure of your personal information by UBS Bank
(Canada);
Limiting Collection: only that information necessary
for identified purposes may be collected;
Limiting Use/Disclosure and Retention: information
may not be used for a new purpose without consent
and may be retained only as long as necessary to meet
the identified purposes;
Accuracy: personal information must be accurate and
up-to-date;
Safeguards: personal information must be protected
by physical, organisational and technological means;
Openness: information about UBS Bank (Canada)'s
privacy policies must be readily available;
Individual Access: you have the right to know what
personal information UBS Bank (Canada) has, how it is
used and to whom it has been disclosed and have the
right to see your personal information; and
Challenging Compliance: you have the right to
challenge the adherence to these Principles by UBS
Bank (Canada) and there must be a complaint
procedure in place for that purpose.
The following Client Privacy Code implements the
Principles.
Personal Information
Personal Information includes your name, address, age
and gender, personal financial records, identification
numbers including the SIN, personal references,
employment records and all of the other Account
Application information collected by UBS Bank (Canada)
to assist in meeting the Identified Purposes.
Accountability
Every employee of UBS Bank (Canada) is responsible for
ensuring that your personal information remains
confidential.
Identified Purposes
Personal information is collected by UBS Bank (Canada)
for the following purposes:
to identify you;
to protect you and UBS Bank (Canada) from error
and fraud;
to understand your needs and eligibility for
products and services;
to recommend particular products and services to
meet your needs;
to provide ongoing service; and
to comply with legal and regulatory requirements.
UBS Bank (Canada) uses and/or discloses personal
information to regulators, affiliates, agents,
intermediaries and other third parties operating on their
or its behalf to:
carry out banking functions such as data
processing, electronic payments and storage;
determine eligibility for a product or service;
assist with the delivery of a product or service; and
comply with legal and regulatory requirements.
Personal information may be transferred, processed
and/or stored outside of Canada for the purposes
described above. Legal requirements in foreign
countries applicable to UBS Bank (Canada) or its
affiliates, agents, intermediaries and other third parties
operating on their or its behalf may include an
obligation to disclose personal information to
government authorities in foreign countries.
UBS Bank (Canada) asks you for certain personal
information for specific reasons, such as:
the SIN number is used to identify you, match
credit bureau information and comply with Income
Tax Act reporting requirements;
references are used to verify information on its
application;
credit information may be reported to credit
bureaus, credit reporting agencies, credit insurers
and other lenders to maintain the integrity of the
credit-granting process.
If it is intended to use personal information already in
UBS Bank (Canada)'s possession for a new purpose, not
identified above and communicated you, your express
consent will be obtained
Consent
Your consent is required for the collection, use or
disclosure of personal information and will be obtained
at or before the time the information is collected from
you. Consent may be express or implied. Consent may
also be given through an authorised representative,
such as a legal guardian or person having a full power
of attorney for someone who is a minor, is seriously ill or is mentally incapacitated. A person named under
UBS Bank (Canada)'s Trading Authorization does not
have authority to give their consent under this Client
Privacy Code on behalf of the account holder.
By signing the Account Application you consent to the
collection, use and disclosure of personal information in
accordance with this Client Privacy Code.
You will not be required, as a condition of obtaining a
product or service from UBS Bank (Canada), to consent
to the collection, use or disclosure of information
beyond that necessary to meet the Identified Purposes.
If you choose not to give your consent or choose to
withdraw your consent, you must be aware that UBS
Bank (Canada) may not be able to provide you with
certain products or services if it is unable to obtain
personal information necessary to provide those
products or services.
You may withdraw your consent at any time, on
reasonable notice to UBS Bank (Canada). Consent
cannot be withdrawn in relation to the provision of a
credit facility after credit has been granted.
UBS Bank (Canada) may collect, use or disclose personal
information without your knowledge and consent when
legal, security or certain processing reasons make it
impossible or impracticable to get this consent. For
example, it will not ask for consent when personal
information is collected, used or disclosed to:
Limiting Collection
UBS Bank (Canada) may collect only that personal
information necessary to achieve the Identified Purposes
and to which you have consented. (See “Identified
Purposes” and “Consent”). It may collect personal
information from external sources, such as credit
bureaus, employers and other lenders.
Limiting Use, Disclosure and Retention
UBS Bank (Canada) may use and/or disclose your
personal information only in relation to the Identified
Purposes. Disclosure without consent may be made
when required by law (see “Consent”).
If you purchase or UBS Bank (Canada) purchases on
your behalf securities pursuant to prospectus and
registration exemptions under National Instrument 45-
106, investment information including your name,
residential address, telephone number, number and
type of securities purchased, total purchase price, date
of purchase and exemption relied upon in connection
with such purchase may be disclosed to securities
regulatory authorities or, where applicable, regulators
under the authority granted in securities legislation for
the purposes of the administration and enforcement of
the securities legislation and you authorize such
disclosure of information.
If you have any questions about the collection and use
of this information, you may contact the securities regulatory authority or, where applicable, the regulator
in the jurisdiction where you reside. In Ontario, the
public official contact regarding the indirect collection
of information is the Administrative Assistant to the
Director of Corporate Finance who is available by phone
at 416.593.8086 or by mail at Ontario Securities
Commission, Suite 1903, P.O. Box 5520, 20 Queen
Street West, Toronto, Ontario M5H 3S8.
All your client records are kept on site for at least one
year to facilitate the internal and external audit
processes. The information may then be stored offsite.
Accuracy
Personal information must be accurate, complete and
up-to-date. It is essential for the Identified Purposes
that your information be regularly updated.
Safeguards
All of your client records are handled, maintained and
stored in a secure manner in accordance with internal
policies.
Openness
Information about the policies and procedures of UBS
Bank (Canada) for handling personal information is
available from your Client Advisor, the Managing
Director, Legal, Risk & Compliance or its web site.
Individual Access
You are entitled, on request, to know of the existence,
use and disclosure by UBS Bank (Canada) of your
personal information. You have the right to challenge
the accuracy and completeness of your personal
information and have it amended as appropriate.
All requests for access to your personal information will
be handled in a timely manner. In order to respond to
a request, UBS Bank (Canada) is entitled to request
sufficient personal information to allow it to confirm
whether or not it has personal information relating to
you, the individual making the request. It reserves the
right to charge a minimal fee for copies of documents
requested under this Client Privacy Code.
All requests for access to your personal information
under this Client Privacy Code should be directed to the
Managing Director, Legal, Risk & Compliance (See
“Challenging Compliance” below).
There may be circumstances where UBS Bank (Canada)
is unable to provide the requested access. Those
circumstances include if the cost of providing access
would be prohibitive, the information contains
references to other individuals, disclosure is prohibited
for legal, security or commercial proprietary reasons,
and/or the information is subject to solicitor client or
litigation privilege.
Challenging Compliance
You have the right to challenge UBS Bank (Canada)'s
compliance with the Personal Information Protection
and Electronic Documents Act and the Principles. All
such complaints should be directed to the Managing
Director, Legal, Risk & Compliance, at 154 University
Avenue, Toronto M5H 3Z4 (telephone: 416-345-7094;
fax: 416-345-7015).