PBY Capital is committed to safeguarding the personal information entrusted to us by our clients. We manage our clients’ personal information in accordance with all applicable laws of the jurisdictions in which we conduct our business. This policy below is what we present to our clients and it outlines the principles and practices we follow in protecting personal information. It is available to clients upon request.
Personal information means information about an identifiable individual. This includes an individual’s name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, educational history etc.
Collection of Personal Information:
Personal information is collected from you or from your adviser, if your adviser has bought a fund on your behalf through us. Also, we may generate personal information, including transaction information, when we service your account.
Use of Personal Information:
We collect and maintain your personal information in order to give you the best possible service and allow us to establish your identity, protect us from error and fraud, comply with the law and assess your eligibility in our products.
We may also use your information for general research in an effort to enhance our service and product offerings.
Disclosure of Personal Information: We may disclose your personal information to third parties, when necessary, and to our affiliates in connection with the services we provide related to your holding of units of a fund, including:
We may also disclose personal information in order to comply with legal requirements, such as government tax reporting requirements. It should be noted that if PBY Capital has reason to believe that a Client is a U.S. specified person for tax purposes, PBY Capital is required to report such information or other matter to the Canadian Revenue Agency (CRA) and such report shall not be treated as a breach of any restriction upon the disclosure of information imposed by Canadian law or otherwise.
We may disclose your information to a third party without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property.
Storage of Personal Information
Your personal information is maintained on our networks or on the networks of our service providers accessible at PBY Capital Limited and/or Convexus Managed Services Inc., 135 Commerce Valley Drive E., 2nd Floor, Thornhill, Ontario, Canada, L3T 7T4. Your information may also be stored on a secure off-site storage facility. Personal information is transmitted to our service providers to enable us to fulfill our obligations.
All information collected will be kept in a secure environment and will be subject to restricted access by the PBY Capital employees and senior leadership team.
We may keep information about you in our records for as long as is needed for the purposes described above even if you cease to be a client.
You should be aware some of the funds you invest in through us are required to file with the securities regulatory authorities a report setting out the investor’s name and address, the units of the fund(s) issued, the date of issuance and the purchase price of units of the funds issued to the investor. Such information is collected indirectly by the regulators under the authority granted to them in securities legislation, for the purposes of the administration and enforcement of the securities legislation in each province. For investors in Ontario, the following official can answer questions about the indirect collection of such information in Ontario:
Administrative Support Clerk (c/o the OSC)
Suite 1903, Box 55, 20 Queen Street West
Toronto, Ontario M5H 3S8
Telephone: (416) 593-8086 Facsimile: (416) 593-8252
Access to your information:
Clients of PBY Capital have a right of access to their own personal information in a record that is in our custody or under our control, subject to some exceptions. For example, we will not provide information that would reveal personal information about another individual.
If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold that information and provide the client with the remainder of the record.
Withdrawal of Consent:
Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of information about you, or you may withdraw your consent to our further collection, use or disclosure of information at any time in the future by giving us reasonable notice. Such notice should be provided in writing to the Compliance Officer of the firm.
Please note that your ability to invest in a fund may be impacted should you withdraw your consent to the collection, use and disclosure of your personal information as outlined above.
Last updated: June 2020