TRIASIMA is committed to protect the confidential information of its clients, employees, and the long-term consultants and to ensure the confidentiality of personal information provided to TRIASIMA in the course of our business.
In Canada, the federal legislation adopted in 2004, the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) applies to any organization, which collects, uses, or discloses personal information in the course of its activities. The provinces of Québec, Alberta and British Colombia have adopted their own specific legislation relating to the protection of private life. PIPEDA and the three provincial legislations apply to TRIASIMA when dealing with its Canadian clients, employees, and the long-term consultants.
In the U.S., TRIASIMA is subject to Regulation S-P and the Federal Trade Commission Privacy of Consumer Financial Information, which require firms to adopt privacy policies and procedures and provide natural person consumers and customers various notices regarding the steps the advisor will take to protect their non-public information. TRIASIMA is also required to adhere to the privacy laws and regulations in each state in which it has clients.
Our files may contain both personal information and confidential information that do not fall under the definition of personal information. Under all circumstances, it is understood that TRIASIMA shall protect the confidentiality of any information it is entrusted with.
This policy sets out our standards for collecting, using, disposing and storing the personal information of our clients, employees, and long-term consultants. This policy also explains how we safeguard the personal information and the right to access that information by our client and employees. The related procedures specify how it shall be applied.
Collection and verification of information
For Clients
The purpose of the collection and verification of information is twofold: to ensure that TRIASIMA’s clients are protected by assisting them in determining investment objectives, risk tolerance and suitability of investments, and, to satisfy TRIASIMA’s legal and regulatory obligations, including potential insider or control relationships, the prevention of possible money laundering, and tax reporting requirements.
For Employees and long-term consultants
The personal information gathered shall be used for the employment contract between TRIASIMA and the employee or its consultants and for the application of the personal trading policies and procedures under the Code of Ethics.
Limiting Use, disclosure, retention
When personal information is collected from clients, it is to be retained for the period during which clients maintain an account with TRIASIMA and for a period of time following the termination of the account, which is stipulated, by law or regulations. When personal information is no longer required, it is to be disposed of in a secure manner.
The personal information collected from any employee or any long term consultant will be retained for the period during which the employee is with TRIASIMA and for a period of time following the termination of the employment or contract as provided by law or regulations
As a portfolio manager, TRIASIMA may in, certain cases, be required to make certain personal information of its clients, employees or long-term consultants available to certain companies, governmental, regulatory and self-regulatory agencies and organizations. These entities are bound to ensure the confidentiality of the personal information provided by TRIASIMA. The communication of personal information shall be done with the consent of the individual unless required by law.
The personal information shall not be preserved for longer than needed for the established purposes. Thereafter it shall be disposed of in a secure manner.
Accountability
The CCO is the Privacy Officer. He is responsible for ensuring that TRIASIMA complies with the principles outlined in this Privacy Policy and its related procedures.
All employees and the long-term consultants of TRIASIMA are bound by TRIASIMA’s established policy and procedures to ensure that the personal information of its clients remains confidential.
Accuracy
TRIASIMA is committed to maintaining accurate records of its clients’ personal information. From time to time, TRIASIMA will request updated account documentation in order to ensure that the personal information is complete and accurate.
Safeguarding client information
TRIASIMA implemented and continues to maintain rigorous safeguards in order to ensure that the personal information remains confidential and is protected against loss or theft, as well as unauthorized access or disclosure.
Protection methods include limited access to the premises, technological measures such as off-site backups and archiving to protect personal information of its clients.
Request for access to information
Every client, employee, and long-term consultant have the right to request any information we hold about them and to see this information. They also have the right to enquire on how we used it and to whom it may have been disclosed.
Queries regarding TRIASIMA’s Privacy Policy and the assurance of the confidentiality of the personal information, if any, collected from clients, employees, and long-term consultants may be directed, in writing, to:
TRIASIMA Portfolio Management Inc. c/o Chief Compliance Officer 2520-900 de Maisonneuve West Montreal, Quebec H3A 0A8Complaints and concerns
A complaint concerning the protection of personal information should be addressed to the Privacy Officer at the address provided above.
Cross-border transfer of personal information
Canada
Before TRIASIMA transfers personal information to a destination outside Canada, the firm must inform clients (i) that their personal information may be transferred outside of Canada; (ii) of the purpose for which such information is transferred; (iii) that their personal information may be accessed by the authorities in the foreign jurisdiction; (iv) that they can obtain a copy of TRIASIMA’s policies and procedures addressing such transfers; (v) that a representative can respond to their questions regarding such transfers. TRIASIMA maintains a list of service providers which may store certain client information in data centers located outside Canada.
In addition to the above, TRIASIMA must also perform a due diligence and satisfy itself that the recipient of the information maintains privacy and security protections equivalent to what TRIASIMA is required to have under Canadian laws.
TRIASIMA’s Privacy Policy is included in the Relationship Disclosure Document, which is provided to all clients from whom it collects personal information.
Privacy breach
Any privacy breach must be reported to the CCO without delay. The CCO will, in consultation with UDP and TRIASIMA’s legal advisors, determine the proper way of action, which may also include the following security breach notifications (if applicable):
U.S. requirements
In accordance with the U.S. regulations discussed above, the Compliance Department shall be responsible for ensuring that TRIASIMA distributes a privacy notice to each natural person U.S. client, both initially and annually thereafter. Such privacy notice shall be provided together with the Form ADV. The CCO shall also be responsible for maintaining a Privacy Policy file, which should contain documentation that demonstrates that the privacy notice has been distributed to U.S. clients initially and annually.
Compliance
This policy and the related procedures will be reviewed periodically to ascertain their conformity and effectiveness. Furthermore, the Privacy Officer will send at least on annual basis or further to any changes a reminder of the policy and its related procedures to all employees and long-term consultants.