Privacy & Legal
Nicola Wealth Canadian Privacy Notice
Introduction to this Policy
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 if we change our services, or the way we collect, use or disclose your personal information. We may also update it as regulations continue to evolve.
We last updated this policy on December 15, 2020.
While we’ve tried to keep it as simple to understand as possible, some parts of this policy may be difficult to understand if you’re not a lawyer. If you’re having trouble understanding it, you can find out more information about your rights by visiting these websites:
- Office of the Privacy Commissioner of Canada
- Office of the Information and Privacy Commissioner for British Columbia
In order 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, Crystal Kanazawa, at [email protected] or 604-235-9988.
You can also get in touch with our privacy officer at:
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”?
The law defines “personal information” as 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 behaviours, as well as factors specific to the individual such as gender or date of birth.
How do you 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 you collect?
We collect personal information in order to provide you with the services we offer, and to comply with our legal obligations. As such, while the particular items of personal information we collect from you can be broad, you can expect that we will collect your name, address, date of birth, identification, social insurance number, citizenship, country of residence, banking information, occupation, PEP (Politically Exposed Person) status, marital status, dependents, income and net worth, applications, your health status.
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.
How do you use my personal information?
We use your personal information in order to open your account, deliver relevant and personalized financial advice, help you plan for the future, and provide the other services you request from us. We also use it in order to determine whether you might benefit from, or be interested in discussing new services, and to evaluate and improve our digital platforms. Finally, we use your personal information in order to comply with legal obligations, including “know your client” requirements and taxation matters.
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.
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 in order to allow us to understand how people use our digital platforms. 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 you disclose my 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.
Nicola 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 required by government authorities, applicable laws, regulatory requirements, or legal processes such as subpoenas or court orders;
- during emergency situations. or in order to protect our rights or property from harm; 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. in order 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 its disclosure.
Retention, Integrity and Security of Personal Information
How long will you keep my personal information?
We will keep your personal information only if is necessary in order for it to serve the purposes we describe in this policy, or to enable us to comply with our legal obligations. Currently, the record retention policies of our regulators, such as the provincial securities commissions, FINTRAC, and the provincial insurance councils, require us to retain your personal information for as long as you are our client, and for up to five (5) years after the closure of your account, regardless of the format in which it is stored.
Will you keep my personal information accurate?
We will keep your personal information as accurate, complete, and up-to-date as is necessary in order for it to serve the purposes we describe in this policy. Generally, this means we will reach out to you on an annual basis to verify that the information we have on file is current.
In order for us to deliver services to you, and to comply with our legal obligations, your personal information on file must remain accurate. Please contact your Nicola Wealth Advisor if your personal information changes at any time.
How do you protect my personal information?
Nicola Wealth maintains your personal information in electronic and paper media. To keep it 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, and the needs and preferences of our clients. We also test our security plans regularly, and use systems that automatically update and improve themselves as new threats arise.
However, 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 as a result of the inherently-insecure nature of computer systems and human institutions, and the inevitable fallibility of every individual, particularly when targeted by the concerted efforts of fraudulent actors. 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 I do to help protect my personal information?
The most important thing you can 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 you find out my personal information has been lost or stolen?
A “privacy breach” is a loss of, or unauthorized access to or disclosure of, personal information. If we uncover a privacy breach, or reasonably suspect a privacy breach, involving your personal information, we will investigate and evaluate its implications as soon as feasible. If a privacy breach 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 I see what personal information you have about me?
If you would like to access personal information we keep about you, please contact our privacy officer in writing. We may require you to provide proof of identity, and may also ask you to agree to reimburse us for any costs responding to your request will incur, 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 it. You may verify the accuracy and completeness of the personal information we have about you, and may also ask us to amend it.
As set out in the introduction to this policy, if you’d like to know more about it, or have questions about how we manage your personal information, please contact our privacy officer, Crystal Kanazawa, at [email protected] or 604-235-9988. You can also get in touch with our privacy officer at:
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.
Information We Collect: We collect certain nonpublic information about you (“Customer Information”). The essential purpose for collecting Customer Information is to allow us to provide advisory services to you. Customer Information we collect may include:
- Information that you provide on applications or other forms. This Customer 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 customers: (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.
Questions: If you have questions about this privacy notice or about the privacy of your customer information call our main number 604-739-6450 and ask to speak to the Privacy Officer.
Accessibility for Ontarians with Disabilities Act
Nicola Wealth Management Ltd. 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.
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.
- 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.
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.
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 are always welcome in our offices.
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.
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.
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: Danielle Skipp, Chief Compliance Officer, Nicola Wealth Management Ltd.
Compliance Solutions Department
Nicola Wealth Management Ltd.
5th Floor, 1508 West Broadway
Vancouver, BC V6J 1W8
Phone (toll free): 1-800-219-8032
Email: [email protected]
Nicola Wealth is registered as a Portfolio Manager, Exempt Market Dealer and Investment Fund Manager with the required provincial securities commissions.