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LEGAL

TERMS & CONDITIONS

Last updated, February 2, 2022

By accessing or using any Nicola Wealth website (“Site”) or mobile application that makes available our services to clients (“Content App”) and the services offered therefrom (the “Services”), you (“you” and, together with all persons accessing or using the Site and/or Content App, the “Users”) signify that You have read, understand and agree to be bound by these Terms and Conditions, along with any exhibits, disclosures, addendum or amendments thereto, as the same may be amended or modified from time to time (collectively, the “Terms and Conditions”) with Nicola Wealth Management Ltd. (“us”, “we” or “our”), in all respects with respect to your access and use of the Site and/or Content App. Your use of the Site, Content App and/or Services is subject to our Privacy Policy (defined below).

PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

Your access and use of the Site and/or Content App are subject to these Terms and Conditions and the Privacy Policy. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not access or use, and must cease accessing or using, the Site, the Content App and the Services.

TERMS OF USE

  1. Amendments and Modifications to these Terms and Conditions. We reserve the right to amend these Terms and Conditions or modify or discontinue any portion of the services or features and functionality provided through the Site and the Content App, from time to time and at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the Site and the Content App and such changes will be effective at such time. We further reserve the right to modify or temporarily discontinue your access to the Site, the Content App or portion thereof, or any Services, with or without prior notice to you. You are responsible to check the latest information available herein to inform yourself of any change. Do not access or use the Site or the Content App if you do not agree to any amendments or modifications made to these Terms and Conditions.
  2. Legal Capacity. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Site and/or Content App in accordance with them. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Site and/or Content App on behalf of a corporation or other organization, you represent and warrant that you have the authority to agree to these Terms and Conditions on behalf of such corporation or organization and all references to “you” throughout these Terms and Conditions will include such corporation or organization, jointly and severally with you personally. You also represent that your access and use of the Site and/or Content App does not violate any applicable law, rules or regulations.
  3. License. We grant to you a non-exclusive, non-transferable, limited license only to access and use the Site, the Content App and the Services, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
  4. Privacy. You acknowledge that you have read the Privacy Policy located < HTTPS://WWW.NICOLAWEALTH.COM/PRIVACY-POLICY> as it may be updated from time to time (the “Privacy Policy”), which addresses how we gather, use, disclose and manage your personal information. Your access and use of the Site or the Content App signify your consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
    1. No Offer. The information provided in the Site and/or the Content App is not to be construed as an offering of products or services, a proposal or inducement to make investments or to undertake investment in securities, an inducement or a solicitation to purchase or sell securities or any other financial instrument or product, a recommendation, or all or part of a contract. The information provided in the Site and/or the Content App is for consultation and general information purposes only and does not allow transactions of any kind to be carried out. We do not consider uses of the Site and/or Content App to be clients merely by their access to any of them.
    2. Suitability. Our various investment strategies and opportunities may not be suitable or appropriate for all investors. The information, opinions or estimates provided where applicable in the Site and/or the Content App reflect the judgement of their author on the day it was drafted. They may not be deemed authoritative; nor may anyone use them as replacement for his or her own judgement. Information provided on the Site and/or the Content App does not in any way constitute a recommendation that you enter into a particular transaction, nor does it constitute a representation that a particular financial investment is suitable or appropriate for you.
  5. Your Account and Account Use. Some areas of the Site and/or the Content App may require you to have an account identifying you as a user of the Site and/or the Content App (an “Account”). In connection with such accounts,
    1. Responsibility—you are solely responsible for:
      1. your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
      2. any and all activities that occur under your Account, including all activities that are conducted through your account by any persons who gain access to your Account with or without your permission.
    2. Notification—you agree to immediately notify us of:
      1. any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or
      2. any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
    3. Accuracy—you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to any information you have provided (including your email address) as required to keep such information held by us current, complete and accurate. You agree that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate your use of the Site and/or Content App.
  6. Limitations. The access to and use of the Site and the Content App depend on the Internet, including but not limited to networks, cabling, facilities and equipment that are not in our control. Accordingly, (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Site and/or Content App is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings.
  7. Acceptable Use and Prohibitions
    1. Lawful Use. You will ensure that while using the Site, the Content App or the Services:
      1. you will not use the Site, the Content App or the Services for any unlawful purposes, and
      2. if at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
    2. Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with your use of the Site, the Content App or the Services, directly or directly do or permit any of the following:
      1. engage in behaviors that will put your personal information at unnecessary risk, such as leaving, transmitting or publishing your passwords;
      2. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that:
        1. is unauthorized or unsolicited commercial communications, chain letters, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited;
        2. transmits any software or materials that contain any virus, cancelbot, defect, date bombs, time bombs, Trojan horse, worm or other harmful, disruptive or surreptitious component;
        3. is fraudulent, libelous, defamatory, infringing, or unlawful;
        4. is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility);
        5. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation;
        6. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
        7. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
        8. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
        9. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Site or the Content App;
        10. impersonate or falsely represent your association with any person, including a representative of us;
        11. any trade secret of any third party; or
        12. any material, no-public information about companies without the authorization to do so;
      3. use any robot, spider, webcrawler, deeplink, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Content App or their contents;
      4. “frame” or “mirror” any part of the Site or the Content App without our prior written authorization;
      5. modify, adapt, sub-license, copy, translate, sell, distribute reverse engineer, decompile, dissemble or exploit any portion of the Site or the Content App;
      6. disrupt or threaten the integrity, operation or security of any Site or the Content App, any server, computer or any Internet system;
      7. extract, gather, collect, harvest or store personal information about other users or visitors of the Site or the Content App without their express consent; or
      8. conduct or allow “jailbreaking” of any device running Apple Inc.’s iOS operating system or “rooting” of ay device running Google’s Android operating system.
    3. Our Remedies. Without limiting any of our rights, we may suspend, restrict, withdraw or terminate your use of the Site and/or the Content App and your Account without notice for any reason whatsoever. In addition, we can also suspend, restrict, withdraw or terminate your use of the Site and/or the Content App and your Account, if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
  8. Proprietary Rights.
    1. Content—“Content” means all materials and content, including designs, drawings, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
    2. Third-Party Content—Content accessed or available through the Site and/or Content App or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Site and/or the Content App or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Site and/or Content App as set out in these Terms and Conditions. You acknowledge and agree that we have no responsibility for the accuracy, reliability, completeness or suitability of Third Party Content and that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content. Any links to third party sites do not imply an endorsement of such sites. We encourage you to review the terms of use and privacy policies of these third party sites prior to your use as these sites may have practices and policies which differ from the Site and/or the Content App.
    3. Our Content—Except where expressly stated otherwise, all right, title and interest in and to the Site and the Content App and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Site and the Content Apps (collectively, “Our Content”), including the selection, compilation, collection, arrangement and assembly thereof, is fully vested in us, our licensors or our suppliers and are protected by applicable Canadian and international copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Site and/or the Content App or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Site and/or the Content App as set out in these Terms and Conditions. Unless otherwise expressly authorized by us in writing, you agree not to:
      1. rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
      2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law;
      3. copy, modify, republish, deep link, upload, or remove any proprietary notices or labels on or in Our Content; or
      4. allow any other person or entity to engage in any of the foregoing.
    4. Your Content—We do not and will not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transmit to us, or any third party, using the Site and/or the Content App (collectively, “Your Content”). By posting, uploading, inputting, providing, submitting, entering or otherwise transmitting your Content to us or any third party using the Site and/or the Content App, you agree:
      1. License to Us—you have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to maintain the functionality of the Site and the Content App, to provide the Services to our customers and users, including you, to ensure adherence to or enforce the terms of these Terms and Conditions, to protect ourselves or our users, and to comply with any law, regulation or other governmental request;
      2. Your Warranty to Us—you will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant us the license to Your Content set out above; and
      3. Your Indemnity of Us—you will indemnify and save us harmless from and against any and all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content or your use of the Site and/or the Content App, including but not limited to instances where Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, including trade secrets, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
    5. Advertising—We will have the right, without notice, to insert or include advertising data into the Site and/or the Content App, so long as doing so does not involve transmission of any of your personal information in contravention of the Privacy Policy.
    6. Public Transmission and Caching—You acknowledge and agree that the technical processing and transmission of the Site and/or the Content App, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
    7. Deletion of Your Content—If you delete the account to which Your Content is connected, you acknowledge and agree that we may, at our sole and absolute discretion, retain a copy or copies of same for archival or compliance purposes or to otherwise provide the Site and Content App to you or our Users, subject always to your license to us set out above.
    8. Compliance and Complaints—We do not have any obligation (and no such obligation shall be implied) to censor or review any of Your Content, to censor or review any Third-Party Content or to monitor use of the Site and the Content App. You agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Site and the Content App and monitor, review and retain Your Content if we believe in good faith that such activity is reasonably necessary to provide the Site and the Content App to customers and our Users, ensure adherence to or enforce the terms of these Terms and Conditions, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Site and/or the Content App by you, you acknowledge and agree that we may (but shall have no obligation), in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, or remove Your Content from our servers.
  9. Termination of Accounts. We may, in our sole and absolute discretion, suspend, restrict or terminate your Account and your use of the Site and/or the Content Apps, effective at any time, without notice to you, for any reason whatsoever. In addition, we may suspend, restrict or terminate your Account and your use of the Site and/or the Content App for any of the following reasons: (i) because the operation or efficiency of the Site and/or the Content Apps or our or any third party’s equipment or network is impaired by your use of the Site and/or the Content App; (ii) any amount is past due from you to us; (iii) we have received a third party complaint which relates to your use or misuse of the Site and/or the Content App or any of the Services; (iii) you have been or are in breach of any term or condition of these Terms and Conditions; or (iv) if you no longer agree to these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Site and/or the Content App. The termination of your Account and your use of the Site and/or the Content App will not affect any of our rights or obligations arising under these Terms and Conditions prior to termination.
  10. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
    1. CUSTOMER ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE SITE AND/OR THE CONTENT APP PROVIDED BY US IS AT YOUR OWN RISK; (ii) THE SITE AND THE CONTENT APP MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE SITE AND THE CONTENT APP PROVIDED UNDER THESE TERMS AND CONDITIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.
    2. DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE, THE CONTENT APP OR ANY OTHER SERVICES AND PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE CONTENT APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT APP OR THE SERVER(S) ON WHICH THE SITE AND/OR THE CONTENT APP ARE HOSTED ARE FREE OF VIRUSES OR OTHER HAMRFUL COMPONENTS.
    3. NO LIABILITY—NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, DISTRIBUTORS, ADVERTISERS, SPONSORS AND AGENTS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE SITE AND/OR THE CONTENT APP OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE SITE AND/OR THE CONTENT APP OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE SITE AND/OR THE CONTENT APP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE CONTENT APP IS TO STOP USING THE SITE AND/OR THE CONTENT APP. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE SITE OR THE CONTENT APP DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.
    4. APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

GENERAL TERMS

  1. Interpretation. In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
  2. Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict, withdraw or terminate any use of the Site and/or the Content App, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
  3. Severability. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
  4. Limitation Period. Any cause of action you may have with respect to these Terms and Conditions the Site, the Content App or the Services must be commenced within one year after the claim or cause of action arose, or it will be barred.
  5. Notices. Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions
    1. by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
    2. by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to your financial advisor.
  6. Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
  7. Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Site and/or the Content App.
  8. Force Majeure. Neither party will be responsible for a failure to fulfill its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
  9. Entire Agreement. These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
  10. English Language. The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English.

Nicola Wealth Canadian Privacy Policy

Introduction to this Policy

Your privacy is important to us. Keeping personal information about our clients, their families, and their associates safe is something we strive for at Nicola Wealth. It is essential for the long-term success of our business and to protect our clients’ interests.

This policy is intended to provide you with information about how we collect, use and disclose personal information in the course of our business, and through digital platforms we use to deliver services. We may update it from time to time to better reflect changes in our services, collection, use or disclosure of your personal information and to account for changes in privacy laws.

We last updated this policy on January 18, 2022.

You can find out more information about your rights by visiting these websites:

To better ensure that we live up to the goals and commitments expressed in this policy, we have appointed a Privacy Officer to oversee it. If you’d like to know more about this policy, or have questions about how we manage your personal information, please contact our Privacy Officer, Kim Nazaroff, at [email protected] or 604-335-1573.

You can also get in touch with our Privacy Officer at:

Nicola Wealth Management Ltd.
5th Floor – 1508 West Broadway
Vancouver, BC V6J 1W8
Attn: Privacy Officer

Please reach out to us if you have any comments, questions or concerns about this policy or your personal information.

Collection and Use of Personal Information

What is “personal information”?

“Personal information” is any information related to an identifiable individual, such as yourself, your spouse, or your children, except for business contact information. An “identifiable individual” is someone who can be identified, either directly or indirectly, through information such as name, home address, personal telephone number, social insurance number, financial transactions, online behaviors, as well as factors specific to the individual such as gender or date of birth.

How do we collect personal information?

In order for us to deliver services to you, we need to collect personal information about you – it’s necessary because of the kinds of services that we offer.

Most of the time, we will collect it directly from you. For example, we might make notes about a meeting or telephone call, save e-mail or electronic correspondence you choose to send us, or keep copies of documents you give us. Sometimes, we will also collect personal information about you through our digital platforms. For example, if you choose to fill out the “meet with us” form on our website, subscribe to our newsletter, or respond to a survey, we may end up collecting personal information about you as a result. Finally, because our digital platforms also generate and record information about users in the normal course of operation, we also collect personal information through those digital platforms.

In some cases, and only with your express consent, we might also collect your personal information from third party sources, such as your accountant or your lawyer.

What personal information do we collect?

We ask you for information to: (a) establish and maintain responsible commercial relations with you; (b) to provide ongoing service; and (c) meet our legal and regulatory requirements. As such, while the particular items of personal information we collect from you can be broad, you can expect that we will collect information establishing your identity such as your name, address, date of birth, phone number, work position, email address, social insurance number (for tax purposes), account numbers, citizenship, country of residence, banking information, occupation, PEP (Politically Exposed Person) status, marital status, dependents, income and net worth, and if we are providing you with insurance related services, your health information.

For individuals we will also collect information about your employment, risk tolerance, source of funds, and the intended nature of your investment. For entity clients, we will collect information about your business, including address, phone number, email address, industry type, beneficial owners, authorized persons, and directors, settlors and trustees, as applicable.

If you use our digital platforms, we will also collect information about the system through which you’ve used them, such as your Internet protocol addresses, the contents of local cookies, your operating system, and other similar technical information. Additional information may also be collected to meet our legal and regulatory obligations.

How do we use your personal information?

We use your personal information for a variety of purposes. It is used to help us provide you with investment management services and to satisfy information requests from regulators and other organizations or individuals who are legally entitled to make such requests. We use your information to: (a) open your accounts; (b) deliver relevant and personalized financial advice; (c) help you plan for your future; (d) verify your identity; (e) manage your investments; (f) communicate with you; (g) understand your financial situation and goals; (h) manage our risks and operations; (i) meet our regulatory and legal requirements; and (j) provide the other services you request from us. We also use it to determine whether you might benefit from, or be interested in discussing new services, products, and to evaluate and improve our digital platforms. Finally, we use your personal information to comply with legal obligations, including “know your client” requirements and taxation matters.

Cookies and Analytics

We use cookies, beacons, tags, and similar technologies, which may be provided by third parties, on our website to enable certain functionality (such as remember your language selection), for security and fraud detection and prevention, to analyze usage information about our site and to personalize content for you. While the data collected by cookies doesn’t directly identify you, we may use it with other information, including personal information, as needed to meet these objectives. You can opt out of the use of cookies and related tools by adjusting your device and browser settings, although some features of our website may not function properly when cookies are disabled.
We also use log file information for functionality, security, account management and usage analytics. Most browsers automatically collect information like your IP address, device type, screen resolution, operating system version, internet browser type and version, and time of visit or log-in and store it in log files.

A note about cookies

A “cookie” is a small data file stored on your system that allows it to be identified as you move from page to page on the Internet by associating it with an alphanumeric code. Our digital platforms use cookies as a consequence of certain features, and in order to analyze user behaviour and improve our offerings.

Some cookies are necessary to enable you to move around our website and use its features. These cookies enhance the convenience and use of the website. If you disable required cookies, some features of the website will be affected or may not work at all.

Other cookies are helpful to allow us to understand how people use our digital platforms.

Third Party Analytics Tools

Our site uses automated, third party tools such as Google Analytics to collect and analyze information about use of the sites and engagement with our content and communications, and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources, such as links you followed to access our website.

You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/.

Nicola uses Google Analytics to better understand the nature of the traffic on our website, including how long your site visit was, the pages you visited, and whether you have visited our site previously. We use the information from Google Analytics for user experience improvements and for tailoring content to improve the overall utility of our website to its visitors.

To learn more about Google Analytics, or to opt out, visit http://tools.google.com/dlpage/gaoptout.

Disclosure of Personal Information

How do we disclose your personal information?

We do not disclose your personal information except in the situations described in this policy. We do not sell your personal information to third parties.

We are committed to keeping your personal information safe, secure and confidential. We may disclose your personal information:

  • to our personnel, in order for them to use it in the situations described under the heading “How Do We Use Your Personal Information?”;
  • to a third party, if it is necessary in order to provide a service you have requested;
  • as permitted or required by government authorities, applicable laws, regulatory requirements, or legal processes such as subpoenas, court orders or to help prevent crime, fraud, money laundering and terrorist financing;
  • to respond to valid and authorized information requests;
  • during emergency situations, or to protect our rights or property from harm;
  • to protect the safety of employees, clients or other third parties; or
  • if you otherwise consent to the disclosure.

Examples of third parties to which we disclose your personal information include: securities regulators and commissions; FINTRAC; provincial insurance councils; taxing authorities; governmental bodies or courts that have jurisdiction over us; Nicola’s account custodians; and other third-party representatives or companies that support Nicola with business services like fund accounting, record keeping, or client-related administrative services.

Some third parties who facilitate the provision of our services collect anonymized information in the course of doing so. By receiving our services or using our digital platforms, those third parties may be able to ascertain your identity from otherwise-anonymized information they collect. For example, if you use our digital platforms, each third party involved in facilitating the provision or receipt of those platforms’ functionalities may be able to collect anonymous information about the way you have used them, and use that information to determine your identity through pattern-matching.

A note about transmission and storage of personal information.

Because the Internet protocol routes information in ways that are inherently impracticable to predict in advance, data packets containing your personal information may be transmitted through systems outside of Canada. Further, because we use infrastructure, software, systems and custodial services in the U.S. to provide you with our services and the use of our digital platforms, your personal information may be stored, processed, accessed or used by third parties outside of Canada. This means your personal information may become the subject of the laws or regulatory activities of countries other than Canada, which may result in disclosure of such information.

Retention, Integrity and Security of Personal Information

How long will we keep your personal information?

We retain your information only for the time it is required and for the purposes of providing you with our investment management services. This period of time extends beyond the end of our relationship but only for as long as is necessary for us to meet our legal and regulatory requirements, abide by our internal record keeping obligations and for as long as it is necessary for us to respond to any outstanding matters.

How will we keep your personal information accurate?

We make reasonable efforts to ensure the information we have about you is accurate, up-to-date and complete. Generally, this means we will reach out to you periodically and at least annually to verify that your personal information is current. Given that we make decisions based on the information we have, we encourage you to help us keep your information current. Having accurate information about you enables us to give you better service and minimizes the possibility that out-of-date information may be used to make decisions which impact you. We have procedures and practices in place to help us maintain the accuracy of your information, however we rely on you for such information and encourage you to please contact your Nicola Wealth Advisor if your personal information changes at any time.

How do we protect your personal information?

To keep your personal information safe, we use industry-standard, client-conscious controls, processes, software, systems, training programs and physical safeguards, which we select based on the sensitivity of the particular items of personal information each method secures. We also test our security plans regularly, and use systems that automatically update and improve themselves as new threats arise.

All our employees are familiar with the procedures required to safeguard client information, and they are required to always maintain the confidentiality of such information, failing to do so may result in disciplinary measures. Protecting your information is an essential part of our job. To protect your information all employees sign a confidentiality agreement when hired. Additionally, all employees annually certify that they have complied with our privacy policy.

No organization, including Nicola, can guarantee the ongoing security, integrity or secrecy of your personal information. Even organizations that employ teams specialized in data and information security will from time to time suffer security incidents. Therefore, while we wish we could do so, Nicola cannot promise that we will be able to prevent unauthorized disclosure, modification or destruction of personal information you provide us.

What can you do to help protect your personal information?

The most important thing you can do to keep your personal information safe is to protect, and keep secret, your client portal usernames and passwords. The second most important thing you can do is to restrict communication of highly-sensitive personal information to in-person meetings, or through secure, encrypted communication services – not email.

What happens if we find out your personal information has been lost or stolen?

If we uncover a privacy incident, or reasonably suspect a privacy breach involving your personal information, we will investigate and evaluate its implications promptly. If a privacy incident creates a real risk of significant harm to you or any other individual, we will activate our privacy breach notification protocol – we have processes, procedures and service providers in place so that we can attempt to minimize the scope or magnitude of harm in a timely manner, and comply with our notification obligations under the law.

How can you see what personal information we have about you?

In the normal course of business, you receive periodic access to your personal information in the form of transaction activity records, including account statements. This information is available to you through mailings and secure online sites. If you would like to access your personal information, please contact our Privacy Officer in writing. Upon such request, we will give you access to the information we retain about you. We generally require proof of identity before we release any personal information to you. We will then provide you with the personal information we have about you, unless we are required by law to refrain from doing so, or believe we have a right to refrain from doing so, and choose to exercise such right. You may verify the accuracy and completeness of the personal information we have about you, and may also ask us to amend it.

Addressing Your Concerns

You are always in control of your personal information. Providing us with your information is always your choice. By establishing an account with us, you have consented to the disclosure of your personal information to third parties in the circumstances or for the purposes described in this policy. Your decision to withhold information or withdraw consent with respect to our use of your personal information may prevent us from taking you on as a client, providing you with the best possible service, or continuing to work with you as a client. You can withdraw your consent at any time, subject to the requirement of reasonable notice and any legal or contractual restrictions, by writing to us.

As set out in the introduction to this policy, if you’d like to know more about our policy, or have questions about how we manage your personal information, please contact our Privacy Officer, Kim Nazaroff, at [email protected] or 604-335-1573. You can also get in touch with our Privacy Officer at:

Nicola Wealth Management Ltd.
5th Floor – 1508 West Broadway
Vancouver, BC V6J 1W8
Attn: Privacy Officer

Please reach out to us if you have any comments, questions or concerns about this policy or your personal information. If you choose to mail, fax or email us, please include your full name, address, and telephone number.

Nicola Wealth U.S. Privacy Policy

Nicola Wealth Management Ltd. has adopted this privacy policy with recognition that protecting the privacy and security of the personal information we obtain about our clients is an important responsibility. We also know that you expect us to service you in an accurate and efficient manner. To do so, we must collect and maintain certain personal information about you. We want you to know what information we collect and how we use and safeguard that information.

Information We Collect: We collect certain nonpublic information about you (“Client Information”). The essential purpose for collecting Client Information is to allow us to provide advisory services to you. Client Information we collect may include:

  • Information that you provide on applications or other forms. This information may include personal and household information such as income, spending habits, investment objectives, financial goals, statements of account, and other records concerning your financial condition and assets, together with information concerning employee benefits and retirement plan interests, wills, trusts, mortgages, and tax returns.
  • Identifying information such as your name, age, address, social security number, etc.
  • Information about your transactions with us, or others (e.g., broker-dealers, clearing firms, or other chosen investment sponsors).
  • Information we receive from consumer reporting agencies (e.g., credit bureaus), as well as other various materials we may use to provide an appropriate recommendation or to fill a service request.

Security of Your Information: We restrict access to your nonpublic personal information to those employees who need to know that information to service your account. We maintain physical, electronic and procedural safeguards that comply with applicable federal or state standards to protect your nonpublic personal information.

Information We Disclose: As required or permitted by law, we disclose the nonpublic personal information we collect about our clients: (i) to persons necessary to effect the transactions and provide the services that our customers authorize, such as broker-dealers, custodians, independent managers etc.; (ii) to persons assessing our compliance with industry standards (e.g., professional licensing authorities, etc.); (iii) our attorneys, accountants, and auditors; or (iv) as otherwise provided by law. We are permitted by law to disclose the nonpublic personal information about you to governmental agencies and other third parties in certain circumstances (such as third parties that perform administrative or marketing services on our behalf or for joint marketing programs). These third parties are prohibited to use or share the information for any other purpose.

Information We Disclose to Affiliated/Non-affiliated Third Parties: We may disclose your personal information to third parties, when necessary, and to our affiliates in connection with the services we provide related to you, including:

  • Financial service providers, such as banks and others used to finance or facilitate transactions by, or operations of, the Accounts;
  • Technology service providers, such as software providers and managed technology and cloud services; and
  • Other service providers to the Accounts, such as accounting, legal or tax preparation services.

We may be required to disclose your personal information to domestic and international governments, government agencies, tax authorities, law enforcement agencies, securities regulators, and will only do so when required by law.

Opt Out Right of Sharing with Non-affiliated Third Parties: If you prefer that we not disclose non-public personal information about you to non-affiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures (other than disclosures permitted by law). Opting out may impact our ability to provide you with services.

If you wish to opt out of disclosures to non-affiliated third parties, you may email our Privacy Officer at [email protected]

Former Clients: If you decide to close your account(s) or become an inactive customer, we will adhere to our privacy policies, which may be amended from time to time.

Changes to Our Privacy Policy: In the event there were to be a material change to our privacy policy regarding how we use your confidential information, we will provide written notice to you. Where applicable, you would be given an opportunity to limit or opt-out of such disclosure arrangements.

Questions: If you have questions about this privacy policy or about the privacy of your personal information call our main number 604-739-6450 and ask to speak to the Privacy Officer.

Accessibility Policy

Nicola Wealth Management Ltd. (“Nicola Wealth”) is committed to ensuring equal access and participation for people with disabilities. We believe in integration and we are committed to: (a) meeting the needs of people with disabilities; (b) providing a barrier-free environment; and (c) barrier free services for all clients, prospective clients and employees. We will do so by removing and preventing barriers to accessibility and meeting our accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA) and Ontario’s accessibility laws. This policy is intended to guide our efforts to ensure that our offices, products and services are accessible to all. This policy applies to all Nicola Wealth locations in Ontario, however all of our locations and offices endeavor to comply with and abide by the spirit of this policy. Our accessibility policy outlines the responsibilities of all employees who deal with the public on our behalf in providing services to people with disabilities.

Nicola Wealth is committed to meeting its current and ongoing obligations under the Ontario Human Rights Code respecting non-discrimination and understands that obligations under the AODA and its accessibility standards do not substitute or limit its obligations under the Ontario Human Rights Code or obligations to people with disabilities under any other law. Nicola Wealth is committed to excellence in serving and providing our products and services to all clients. Our policy has been drafted with the principles of independence, dignity, integration and equality of opportunity for people with disabilities in mind.

Training

Nicola Wealth is committed to training all employees, affiliates and others who deal with the public on our behalf in: (a) accessible client service, (b) Ontario’s accessibility standards, and (c) aspects of the Ontario Human Rights Code that relate to persons with disabilities. All Nicola Wealth employees and affiliates in Ontario are trained after being hired and when there are changes to our accessibility policy, practices and procedures. Records of the training provided, including the dates of training and individuals to whom it was provided are kept by the Compliance Solutions Department.

Training includes:

  • An overview of the Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of the customer service standards and our policies;
  • How to interact and communicate with people with various types of disabilities;
  • How to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person;
  • How to use equipment or devices that may help a client with disabilities access our products and services; and
  • How to assist a person with a disability who is having difficulty accessing our products and services.

Assistive Devices

We ensure that our employees and affiliates are trained and familiar with various assistive devices that may be used by customers with disabilities while accessing our office in Ontario.

Communication

We communicate with people with disabilities in ways that take into account their disability. We will work with the person with disabilities to determine what method of communication works for them. We will train employees and affiliates who communicate with clients and prospects on how to interact and communicate with people who have various types of disabilities.

Service Animals

Service animals are always welcome in our offices.

Support Persons

A support person is always welcome to accompany a person with disabilities.

Notice of Temporary Disruption

In the event of a planned or unexpected disruption to services for clients and prospective clients with disabilities in Ontario, will notify such clients promptly. This notice will specify the reason for the disruption, its anticipated length of time, and a description of alternative facilities or services that may be available. The notice will be made publicly available on our website at www.nicolawealth.com and/or in the reception area of our office.

Feedback

Nicola Wealth aims to meet or surpass client expectations in servicing clients with disabilities. We welcome feedback on how we are doing in providing accessible client service. Client feedback will help us identify barriers and respond to concerns. Please direct all feedback to our Compliance Solutions Department. Complaints will be addressed according to Nicola Wealth’s regular complaint handling procedures and clients can expect a response within 10 business days. Upon request, all documents will be provided in alternative format to take into account a person’s disability.
Questions, feedback and complaints regarding Nicola Wealth’s Accessibility Policy can be directed to:

Mail:
Compliance Solutions Department
Nicola Wealth Management Ltd.
5th Floor West Broadway
Vancouver, BC V6J 1W8
Fax: 604-739-6451
Phone (toll free): 1-800-219-8032
Email: [email protected]

Changes to Existing Policies

Any policies of Nicola Wealth that do not respect and promote the principles of dignity, independence, integration and equal opportunity for people with disabilities will be modified or removed. We are committed to client services policies that respect and promote the dignity and independence of people with disabilities. Changes to our policy may result from client or prospective client feedback, changes to the Act or its regulations.

Trade Matching & Settlement

TO: All Trade-matching Parties acting on behalf of, or executing a trade with:

NICOLA WEALTH MANAGEMENT LTD.

This Trade Matching Statement is being provided in accordance with National Instrument 24-101-“Institutional Trade matching and Settlement” and Companion Policy 24-101CP( the “ National Instrument”). It applies to all trades that are subject to the National Instrument.

We confirm that we have established, maintain, and enforce policies and procedures designed to achieve matching in accordance with the National Instrument.

SIGNED: Richard Chen, Chief Compliance Officer, Nicola Wealth Management Ltd.

Registration Status

Nicola Wealth is registered as a Portfolio Manager, Exempt Market Dealer and Investment Fund Manager with the required provincial securities commissions.

Contact Compliance

Compliance Solutions Department
Nicola Wealth Management Ltd.
5th Floor West Broadway
Vancouver, BC V6J 1W8
Phone: 604-739-6450
Fax: 604-739-6451
Phone (toll free): 1-800-219-8032
Email: [email protected]