This privacy policy (the “Policy”) is evolving and subject to change. 1642 Capital Inc. (“1642 Capital”) reserves the right to make changes to this Policy to best meet its evolving needs.
Please note that the masculine gender is used solely for the sake of brevity; it includes both men and women. In addition, the singular includes the plural, and vice versa, unless the context indicates otherwise.
PURPOSE OF THE POLICY
1642 Capital attaches the utmost importance to protecting the personal information of its current, former or future customers and employees, as the case may be (“you”). Accordingly, 1642 Capital wishes to ensure the accuracy, security and confidentiality of such personal information, in compliance with the laws, regulations and principal guides and guidelines applicable in this regard in Quebec and Canada (the “Applicable Law“), where the head office of the 1642 Capital is located. In the event that the European Regulation on the Protection of Personal Data (the “GDPR”) applies to the processing of certain personal information carried out by the 1642 Capital, such processing is carried out in compliance with the GDPR.
This Policy describes how 1642 Capital collects, processes, uses, stores and discloses personal information. It applies to all 1642 Capital divisions and affiliates in Canada and abroad, to the extent permitted by Applicable Law. Accordingly, any reference to 1642 Capital is also a reference to each and every entity within the 1642 Capital group, unless the context otherwise requires.
1. INTERPRETATION
Personal information is any information about a natural person that, either alone or in combination with other available information, makes it possible to identify that person.
2. RESPONSIBILITY FOR PERSONAL INFORMATION
1642 Capital is responsible for personal information under its control, including personal information disclosed to third parties for processing and administrative purposes.
Under the GDPR, 1642 Capital is the controller of personal information subject to the GDPR for all processing carried out by 1642 Capital or its affiliates.
Under the Loi sur le Protection des renseignements personnels dans le secteur privé (the “LPRPSP”), 1642 Capital has delegated its role as Privacy Officer (“Responsable PRP”) to the Legal Affairs and Human Resources Department of an affiliate company. The PRP Officer is responsible for the application of this Policy within 1642 Capital and shall, in particular, ensure that the following tasks are carried out:
(i) Approve personal information policies and practices to be established and implemented by 1642 Capital;
(ii) Where applicable, participate in Privacy Impact Assessments (“PIAs”) relating to certain information or electronic service delivery systems and suggest measures to ensure the protection of personal information processed under such systems;
(iii) To record any communication (made without consent) to a company or public body that may reduce the harm caused by a privacy incident and to take part in the assessment of the harm caused by a privacy incident;
(iv) Receive and respond to requests for access and correction as well as requests relating to data portability and the right to be forgotten;
(v) Process any other request for the exercise of individual rights provided for by applicable legislation.
Contact details for the PRP Manager are given in section 11 of this Policy.
3. CONSENT TO COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
1642 Capital will not collect, use or disclose an individual's personal information without the individual's knowledge and consent, except as permitted or required by Applicable Law. By providing 1642 Capital with personal information, you authorize 1642 Capital to collect, use and disclose your personal information in accordance with this Policy and specifically for the purposes identified or implied in this Policy or at the time of collection, as applicable. 1642 Capital will seek your further consent before using your personal information for purposes other than those for which you originally consented.
In particular, you consent to the use and disclosure of your personal information by or to any divisions, subsidiaries or other affiliates of 1642 Capital, which are also subject to this Policy. Finally, you may change or withdraw your consent at any time, subject to applicable legal restrictions and contractual terms, and reasonable notice. However, without consent, 1642 Capital may not be able to provide or continue to provide some of the Services, if any.
4. COLLECTION AND USE OF PERSONAL INFORMATION
a. GENERAL PRINCIPLES AND EXAMPLES OF INFORMATION COLLECTED
1642 Capital always collects personal information by lawful means. Where possible and appropriate, 1642 Capital collects Personal Information directly from the individual and with his or her consent, but 1642 Capital may collect and use Personal Information about an individual from a third party when authorized by the individual or by Applicable Law. In particular, 1642 Capital may obtain information about you from sources such as financial institutions, insurance companies, government agencies or registries, accountants or other professional advisors and credit bureaus, with your consent. In all cases, 1642 Capital's collection of personal information is limited to that which is necessary for the purposes identified or implied in this Policy or at the time of collection.
The personal information collected by 1642 Capital includes, but is not limited to, name, home or business address, home or business telephone number, home or business e-mail address, financial information, billing and account information, and any other information necessary to provide the best advice and services based on customer requests, to establish, maintain and manage an employment relationship, or to fulfill any other purpose identified or implied in this Policy or at the time of collection, as the case may be.
b. PRIVACY IMPACT ASSESSMENT
1642 Capital conducts a Privacy Impact Assessment (“PIA”) for any acquisition, development or redesign of an information system or electronic service delivery project involving the collection, use, disclosure, retention or destruction of personal information. The PIA is proportionate to the sensitivity of the information concerned, the purpose of its use, its quantity, distribution and medium.
c. PURPOSES OF COLLECTING PERSONAL INFORMATION
Subject to Applicable Law, 1642 Capital will identify and inform you of the purposes for which it collects personal information at or before the time the information is collected.
In the course of its business, 1642 Capital collects personal information, among other things, to administer and operate its business and manage its operations, including the fulfillment of contractual obligations and the audit of its operations; to serve its clients and provide wealth management advisory services, including the administration of client accounts, or other services that clients have agreed to receive from 1642 Capital; to establish, maintain and manage business relationships; to make offers of services; to recruit subcontractors and employees; to maintain the security of its facilities and those of its customers, employees and third parties; to detect and prevent negligence, fraud and theft; to process and respond to requests for information; and to comply with Applicable Law, including customer identification and verification.
1642 Capital also collects and uses personal information to send a monthly newsletter about the services it offers, to announce special events, to communicate general information of interest, and to send invitations to social events in connection with its activities, all in accordance with applicable law.
With respect to hiring and employment, personal information may be collected by 1642 Capital prior to any hiring for the purpose of conducting a general background check, and upon hiring to comply with legal requirements as an employer. All of this information is kept in the employee's file, along with the documents completed by the employee upon joining 1642 Capital, as described in the Employee Handbook. 1642 Capital may use your information in connection with your employment relationship and for any related legal requirements.
d. 1642 CAPITAL WEBSITE - COOKIES, CONTACT LIST AND MONTHLY NEWSLETTER
1642 Capital may also collect information from users of its website (https://1642capital.ca/) by means of cookies or similar technologies, particularly during visits to the website.
Cookies are files that store information on your hard drive or Web browser. This allows a Web site to identify the computer and collect certain information relevant to the connection and navigation of the site (such as the type of browser, IP address and operating system used by a visitor) and, subsequently, to recognize and track that computer on the site, compile usage statistics and establish browsing histories, including domain names and pages visited, e-mails read and other information.
1642 Capital collects and uses certain data, such as IP addresses, the number of times its Web site is viewed and the viewing habits of site users, to conduct its business, promote its services and track site performance, administer the site more efficiently and improve it as needed.
Unless the browser is configured to block cookies, 1642 Capital's system will store cookies on a user's computer when the user visits 1642 Capital's website. By visiting the 1642 Capital website, you consent to 1642 Capital's use of cookies for the purposes described above.
By completing the subscription form for 1642 Capital communications on the 1642 Capital website, you consent to the processing of the personal data entered during registration by 1642 Capital. The e-mail address or any other personal data you enter on the subscription form will be stored on 1642 Capital's computer servers in Canada and transmitted to the CyberImpact online platform for the following purposes:
- To be added to the 1642 Capital contact list, in order to receive communications relating to events, activities or training courses;
- To join the 1642 Capital monthly newsletter mailing list.
You may remove yourself from the contact list or unsubscribe from the monthly newsletter at any time.
5. DISCLOSURE OF PERSONAL INFORMATION
1642 Capital uses and discloses personal information only for the purposes for which it was collected, except with the required consent or in accordance with Applicable Law. 1642 Capital further undertakes to limit disclosure of and access to personal information to only those persons who require such information for the purposes for which it was collected. 1642 Capital will only disclose your personal information to third parties for the purposes identified or implied in this Policy or at the time of collection, with your express consent or as otherwise required or permitted by Applicable Law. In particular, 1642 Capital may share personal information with trusted third parties to:
- Provide one or more of the services offered by 1642 Capital;
- Establish, maintain and manage the relationship between you and 1642 Capital (including managing any employment relationship between you and 1642 Capital and related legal obligations, as applicable);
- Confirm or update information previously provided;
- Sending postal mail and e-mail to communicate with you as an employee or customer of 1642 Capital, as applicable. This may also include communications containing information about 1642 Capital products and services, events or other important matters, upon your request or consent to receive communications for this purpose;
- To provide customer service and marketing services;
- For any purpose identified in this Policy and any other purpose identified by 1642 Capital, at or before the time the information is collected;
In accordance with its Policy, 1642 Capital will ensure that third parties with whom it does business and to whom it provides personal or confidential information also guarantee, in at least an equivalent manner to 1642 Capital, that all technical and organizational measures ensuring the confidentiality, security and integrity of the information they hold on behalf of 1642 Capital have been taken.
a. SUB-CONTRACTORS
Where 1642 Capital outsources or delegates the processing of personal information to third-party providers (“Subcontractors”), on its behalf, it will ensure that it does so in accordance with Applicable Law and, where applicable, the GDPR.
In addition, where an outsourcing project involves the acquisition, development or redesign of an information system or electronic service delivery involving the collection, use, disclosure, retention or destruction of personal information by a Subcontractor on behalf of 1642 Capital, 1642 Capital will conduct a PIA.
The processing of personal information by a Subcontractor is subject to a written agreement that includes the measures the Subcontractor must take to ensure:
- the protection of the confidentiality of the personal information provided by 1642 Capital;
- this information is used only for the purpose of performing the contract;
- that the Subcontractor does not retain personal information after the contract has expired, unless otherwise required by law or regulation.
The categories of Subcontractors are as follows:
- Entities of the 1642 Capital group.
- Suppliers and service providers: infrastructure and IT service providers, finance, accounting and tax service providers, auditors, consultants who provide 1642 Capital with marketing support, and external providers or sites where 1642 Capital hosts conferences, events or other meetings. Your personal information will only be transferred for the purpose of carrying out specific tasks or functions entrusted by 1642 Capital to these recipients and in accordance with 1642 Capital's instructions, in particular in order to fulfil the purposes described in Article 5.2. 1642 Capital requires such Subcontractors to provide reasonable security to ensure the confidentiality of the personal information communicated to it, including against any unauthorized access or use of such personal information, as well as against the accidental loss or deletion of such information. In addition, access to customer data is strictly limited, and the strictest confidentiality is applied to such data in compliance with the professional rules applicable to 1642 Capital and its group entities.
- Financial institutions: banks, custodian banks, investment funds, fund managers. Personal information is only transmitted for banking, accounting and payment purposes and/or to the extent necessary to provide our services to our customers.
b. INTERNATIONAL COMMUNICATIONS AND HOSTING
Personal information collected by 1642 Capital may pass through servers outside Quebec and Canada, be transmitted to a destination outside Quebec and Canada and be stored there. This information may also be processed by personnel working outside Quebec and Canada for 1642 Capital, its partners or suppliers. Please note that where the processing of personal information is outsourced to a company in another country, such information may be made available to the government of that country or its agencies pursuant to a legal order issued in that country. By submitting personal information, you consent to the transfer, storage and processing activities described herein.
In all cases, we will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy and Applicable Law.
To this end, any transfer of personal information outside Quebec will first be subject to a PIA by 1642 Capital, which takes into account the following factors:
- the sensitivity of the information
- the purpose for which the information will be used
- the safeguards, including contractual safeguards, that will apply, and
- the legal regime applicable in the receiving country, in particular the privacy principles applicable there.
6. STORAGE OF PERSONAL INFORMATION
Personal information is kept in secure locations and on servers controlled by 1642 Capital at its offices in Montreal, or at the offices of 1642 Capital's service providers, which are also committed to the security, integrity and confidentiality of the information entrusted to them, as set out in this Policy.
1642 Capital retains personal information as long as it is reasonably required for the purposes for which it was collected or in accordance with Applicable Law and 1642 Capital's Document Management Policy.
7. PROTECTION OF PERSONAL INFORMATION
1642 Capital uses administrative, technological, physical and organizational security measures appropriate to the sensitivity of the personal information and, in all cases, required under the circumstances, in order to protect access to it and to guarantee its security, integrity and confidentiality at all times.
In particular, 1642 Capital has implemented policies and procedures to protect personal information against loss, unauthorized access, modification or disclosure. In addition, its premises are secure, and 1642 Capital has implemented technological safeguards such as security software, passwords and firewalls to prevent unauthorized access to computers. 1642 Capital uses industry-standard network technologies and password protection systems, and collaborates with specialized IT security partners to ensure compliance and anticipate the evolution of these technologies.
However, while 1642 Capital takes all measures reasonably necessary to ensure that Personal Information is treated securely and in accordance with this Policy, there is no method of transmitting or storing information that is foolproof. Accordingly, 1642 Capital cannot guarantee the security, confidentiality and integrity of the information in its possession. Similarly, 1642 Capital cannot fully guarantee the security and confidentiality of electronic communications. In addition, to the extent that you consent to receive electronic communications from 1642 Capital, you also consent that such communications may be unencrypted.
In the event of confidentiality incidents (as this term is defined by the LPRPSP), the Confidentiality Incident Response Procedure will be applied.
8. ACCESS TO PERSONAL INFORMATION
Subject to Applicable Law, upon an individual's request submitted in writing in accordance with Section 11, the PRP Manager will inform the individual whether 1642 Capital holds personal information about him or her and will provide, as applicable, a summary of the use that has been or is being made of the information, inform the individual of the identity of third parties to whom it may have disclosed personal information about him or her and the purposes for which such information is transmitted to the third party, if applicable. Specific requirements under the GDPR remain reserved.
The PRP Manager will acknowledge receipt of the request in writing and may request confirmation of identity before providing any information. In principle, access to information will be provided free of charge, but, if the request requires a copy or transmission of documents, the PRP Manager may charge a reasonable fee by informing of the amount in advance and giving the opportunity to withdraw the request. The PRP Manager will provide access to information within 30 days of receipt of the request or will provide written notice that additional time is required to respond to the request.
1642 Capital may refuse access to its information in accordance with Applicable Law, in which case 1642 Capital will notify you in writing, provide you with an explanation of the reason for its refusal and advise you of other available remedies.
Notwithstanding the foregoing, for 1642 Capital employees, access to the file will be in accordance with the procedure described in the Employee Manual provided to you upon hiring.
9. ACCURACY, UPDATES AND REQUESTS FOR CORRECTIONS TO PERSONAL INFORMATION
1642 Capital uses reasonable efforts to ensure that the personal information collected is as accurate and complete as is necessary for the purposes for which it is used. If the information you have provided to us changes, or if you become aware of an inaccuracy in the context of the access process set out in Section 9, please contact the PRP Manager in accordance with Section 11 (or in accordance with the procedure described in the Employee Handbook if you are an employee). When the GDPR applies to 1642 Capital’s processing of your personal information, you have the following specific rights: right of access, right of rectification, right to erasure, right to restriction of processing, right to object, right to data portability, right to lodge a complaint with the competent authority.
10. MODIFICATIONS AND UPDATES TO THE POLICY
In the event that 1642 Capital modifies this Policy, it will post the changes on its website and notify its employees and customers in writing. By continuing to provide your personal information, or by using 1642 Capital’s services or the website, you consent to the Policy in its then current version. The Policy will be reviewed periodically to ensure that it remains compliant with Applicable Law and that it is always exercised in the best interest of 1642 Capital, its employees and its customers.
11. CONTACT INFORMATION
For any questions regarding this Policy or 1642 Capital’s personal information management practices, to access or rectify personal information, to modify or withdraw any consent regarding the use or disclosure of personal information, to no longer receive electronic communications from us, to file a complaint, or to otherwise exercise your rights regarding the protection of personal information and privacy, please contact our PRP Manager in writing at the following address: dataprotection@1642capital.ca.