We value the trust that you have placed in our organization and are committed to maintaining the accuracy, confidentiality, and security of personal information. This Privacy Notice outlines our privacy principles and practices.
In this notice, “PBY”, “we”, or “us” refers to PBY Capital Limited. All services mentioned are services provided by PBY. “You” refers to anyone who visits our website(s), our clients and related individuals, investors in our funds and the funds we distribute, and anyone who engages with our services. It’s our duty to inform you about what we’re doing with your personal information and why, and ensure you are properly informed so you can give us meaningful consent. “Personal information” means information that: (i) directly or indirectly allows an individual to be identified; or (ii) is information about an identifiable individual. This does not include information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession.
Our Privacy Principles
We will not collect, use, store, or disclose your personal information without your informed consent, unless required or permitted to do so by law. Read through this Privacy Notice (“Privacy Notice”) so you understand how we collect, use, store, and share your data.
Agreeing to the Terms of Our Privacy Notice
By providing personal information to PBY, using our website(s) including www.pbycapital.com (collectively, the “Website”), or engaging with our social media, you are consenting to our use, collection, and disclosure of your personal information in accordance with the terms of this Privacy Notice. In addition, authorizing a third party (such as your advisor, dealer or other intermediary; or a corporation, partnership, trust or other form of entity for which you are an authorized individual or to which you are a related individual) to disclose your personal information to us, signifies your consent to PBY’s collection, use, and disclosure of personal information in accordance with the consent you provided to that third party.
You have the right to withdraw your consent from us collecting and using your personal information, but this may limit our ability to provide you with our services or products, if applicable. See below for further details.
What We Collect
The type of information that we collect includes but is not limited to:
Information will be collected by fair and lawful means. We won’t take more information than we need, and you decide how and what you want to share.
How We Collect Your Information
Personal information may be collected in a number of ways, including: through our Website, in person, by mail, by email, from the account opening documents or subscription or redemption requests you submit to us, from our applications or other software, from third parties (such as your advisor, dealer or other intermediary; or a corporation, partnership, trust or other form of entity for which you are an authorized individual or to which you are a related individual), and through industry electronic platforms such as Fundserv.
If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent from such third party.
We may collect information through “cookies” on our Website. Cookies are small text files inside your computer that contain a unique identifier, allowing us to recognize you when you visit our Website again. This helps us tailor our content to meet your needs and for advertising purposes. Depending on the specific features, cookies can be used to: (i) recognize you when you visit the Website, remember your preferences, and give you a personalized experience that’s in line with your settings, (ii) make your interactions with the website faster and more secure, and (iii) bring you advertising and customized experiences through personalization. Further, cookies are used for authentication, security, and research.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit wikipedia.org, allaboutcookies.org, or aboutcookies.org.
If you post a review, make a comment, or otherwise submit personal information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public.
Why We Collect Your Information
At PBY, we only collect, use, and store personal information for the purpose(s) it was collected. The main purposes for which we collect, use, and store personal information include:
Secondary purposes for which we collect and use your information include:
We will obtain your consent before proceeding with any other purpose not identified in this Privacy Notice. You may also withdraw your consent at any time as per the section titled, “Your Consent and Opting-Out” below.
Who We Share Your Information With
At PBY, access to your personal information is restricted to those staff members who need the information to carry out their job duties. All staff at PBY are subject to the duty of confidentiality.
PBY may share your information with third parties. PBY will do so to support with providing our services, administering our business, and for such other purposes as set forth below, including:
We may also disclose personal information in situations where we are legally required or permitted to do so. These situations may include criminal investigations, government tax reporting requirements, court orders, or instances where we believe the rights and safety of others may be at risk. We may be ordered by a court to disclose personal information to a third party or to the court, or to preserve personal information pending the outcome of a legal hearing. We may also be legally required to disclose information in connection with the collection or repayment of a debt, to assist in the prevention of fraud or other criminal activity, when we obtain legal advice from a lawyer, or in an emergency that affects the health or safety of an individual.
In the instances described above we may be required to share your personal information with or without your consent. In limited circumstances, we may be legally prohibited from advising you that your information was shared in this way.
Finally, we may disclose personal information to media networks and companies we use for public broadcasting, advertising, marketing, public relations, and press releases. You can withdraw your consent to this use of your information at any time as per the section below.
If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.
Your Consent and Opting Out
Obtaining your Consent
We obtain your consent before we collect, use, store, or disclose your personal information. Your consent will be obtained directly from you whenever we can do so reasonably. If your information is obtained from another person (such as your advisor, dealer or other intermediary; or a corporation, partnership, trust or other form of entity for which you are an authorized individual or to which you are a related individual), we expect that person to be acting in compliance with the law and therefore that they have your consent to provide your information to us. We may have that person confirm they have your consent, and we may contact you if we have any concern in this regard. We will request your consent again if we wish to use, store, or disclose your personal information for a purpose to which you have not consented.
In some cases, the law permits us to collect, use, store, or disclose your personal information without your consent. For example:
We may also be required by law to disclose personal information. For example, if ordered by a court or requested by a regulatory authority or a self-regulatory organization.
You may withdraw your consent for our collection, use, storage and disclosure of your personal information at any time, including our use and collection for purposes of marketing, advertising, public media, business development and marketing research, or for any purpose, at any time. However, withdrawing your consent for our use and collection for a purpose that is essential to us providing our services or products to you will limit our ability to provide services or products to you.
To withdraw consent, please contact us at the contact information set out at the end of this Privacy Notice. Any withdrawal of consent will apply thereafter and not to information handling practice that have been previously undertaken based on prior consent.
Protecting Your Personal Information
We and our third-party services providers understand the importance of keeping your information secure.
Employees and Service Providers
All our employees and service providers are expected to maintain the confidentiality of personal information.
PBY has policies and procedures that define the roles and responsibilities of employees and service providers throughout the life cycle of personal information and limits their access to such information on a “need-to-know” basis. Employees undergo regular privacy and information security training.
Your personal information is kept either in paper or electronic/digital format. Places that we store personal information include:
We may store your personal information via third party entities that reside outside of Canada. Information may be transferred to, accessed and/or retained by these third parties. We have contracts in place requiring these companies to adhere to the same standards of confidentiality to which we are subject.
We maintain appropriate security safeguards to protect your information against unauthorized access, modification, theft, misuse, or loss while it is under our custody. We use a combination of physical, electronic, technological, procedural, and organizational safeguards, having regards to the sensitivity of the information.
We have agreements in place with third party service providers requiring that appropriate safeguards be in place for any information we provide to them and used only for the purpose for which we are providing the information to them.
Despite all of the foregoing security measures, storage of information and digital communications are not entirely secure. We encourage all individuals to provide only the information they are comfortable with providing a third party, keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible.
We have policies in place that govern the retention of your personal information so we keep it only for as long as reasonably necessary to fulfill its intended purpose or to satisfy legal and business requirements. The length of time we keep your information will depend upon the product or service and the nature of the information.
When we no longer retain your personal information, we have procedures to destroy, delete, erase, or convert it to an anonymous form, in a manner that keeps it safe in the process.
Accuracy of Your Personal Information
We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. We encourage you to verify the accuracy and completeness of your personal information in our records.
Despite our efforts, errors sometimes occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.
If you discover inaccuracies in your personal information in our records, or your personal information changes, please notify your investment advisor or contact us directly so that we can make the necessary changes. Failure to notify us of changes to your personal information may negatively impact the way we communicate or provide services to you. Where appropriate, we will advise others of any changes to your personal information that we may have released to them.
Accessing, Correcting or Deleting Your Information
You have several rights regarding the personal information we have about you. You may exercise them at any time. You can make a request to our Privacy Officer at the contact information below for any of the following:
If we have not yet fulfilled the purposes for which the personal information was collected, we will delete the information that is out of date, inaccurate, incomplete or no longer required. If you request that we delete the rest of your personal information, we will no longer be able to offer you our products and services.
If there is a charge in connection with meeting your request, we will let you know in advance. We will respond to your request within 30 days.
Updating this Privacy Notice
PBY strives to evolve to meet our clients’ and investors’ needs and expectations, and that means our services, how we offer our products and how we communicate information may change. With that in mind, we review our privacy practices from time to time, and our information handling practices may change. If PBY makes a material change to our privacy practices, we will provide a revised version of this Notice on our Website and set out the date on which changes were made. You may determine when this Privacy Notice was last updated by referring to the date found at the bottom of this Notice. If at any point you do not agree with our privacy practices, you must not use the PBY platform, Website, or services.
Website and Apps Governed by our Privacy Practices
Our Website and any of our applications available from our Website or third party platforms are governed by the provisions and practices as described in this Privacy Notice. Our Website and such applications may contain links to third party sites or applications that are not governed by the practices as described in this Privacy Notice. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that our privacy practices will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third party sites and applications to learn how they collect, use, and disclose your personal information.
Personal Information Outside of Canada and of Your Province of Residence
Personal information provided to our service providers may be stored outside of Ontario, your province of residence or outside of Canada. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.
Addressing Your Inquiries and Concerns
We are happy to provide you with a copy of our privacy policies and to discuss any of their content with you.
We have designated our Chief Compliance Officer as the Privacy Officer who is responsible for maintaining and implementing our privacy policies. Please direct all questions, complaints or enquiries relating this Notice or our privacy practices to:
Attention: Chief Compliance Officer
PBY Capital Limited
3080 Yonge Street, Suite 3032, Toronto, ON M4N 3N1
Telephone (toll free): 1-833-292-5849
Last revised: September 2023