In the normal course of OTT’s business operations, individuals seeking to access its products and services are required to provide OTT with certain personal, factual or subjective information about them. In plain language, this is any information that can be used to identify you individually and contact you. It includes, but is not limited to, personal and financial details such as name, address, age, citizenship, ID numbers, income, net worth, credit and employment history, etc. (herein collectively referred to as “personal information”).
Under The Personal Information Protection and Electronic Documents Act (PIPEDA), OTT must obtain your consent when it collects, uses, or discloses your personal information. You may withdraw your consent at any time, but please note that it may affect our ability to continue providing you with the products and services that you have or would like to receive.
You have a right to access your information held by OTT and to challenge its accuracy. Personal information can only be used for the purposes for which it was collected. If OTT is going to use it for another purpose, consent must be obtained again.
Personal Information Collected By OTT
OTT limits the collection of your personal information to what we actually need to set up and service your account; and meet our legal and regulatory obligations. Your personal information is collected from:
• New Account Application Form (NAAF) and other client forms that provide us with your
– preference of account, trading and platform type;
– personal, financial, employment and banking details;
– investment objectives and knowledge, trading experience
– politically exposed person status.
• Client account activity reports that provide us with your
– account number;
– account balance;
– trade transactions; and
– account equity.
• Third-party credit rating agencies that provide us with your
– credit reports; and credit scores.
• “Cookies” embedded in the OTT website that provide us with your web browsing activity.
How OTT Uses Client Personal Information
OTT uses your personal information to:
• verify your identity in compliance with FINTRAC Know Your client Requirements, when opening your account; and fulfill our Anti-Money Laundering (AML) and Anti-Terrorist Financing (ATF) obligations of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
• perform our know-your-client (KYC) and suitability obligations in compliance with National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) ;
• obtain your consent to receive our commercial electronic messages (CEMs) in compliance with Canada’s Anti-Spam Legislation;
• allow our service provider or carrying broker to process the transferred data and perform services on our behalf under written agreements which restrict use of personal information to the limited purposes for which it is provided to them and prohibit further use or disclosure except as permitted by law;
• complete bank deposits and withdrawals;
• process and confirm your requests, orders and transactions; and
• continue to service your account with OTT.
Personal information collected from different sources may be consolidated and saved on our servers. OTT does not disclose, sell or make available any personal information about its former, current or prospective clients to any third parties except as stated in this Policy.
Personal information may be transferred across national and provincial borders for the purposes of data consolidation, storage, management and reporting as required under written agreement with our service provider or carrying broker and our trade repository; and may be accessible to law enforcement agencies, provincial securities commissions, self-regulatory organizations and foreign securities regulators, as described below.
Disclosure Of Client Personal Information
OTT may disclose personal information of former, current, or prospective clients to affiliated and non-affiliated third-party entities such as:
• OTT’s agent, service provider or carrying broker in the ordinary course of business and for the purpose of providing you with the products and services requested by you;
• OTT’s affiliates who are permitted to disclose and use the information only to the extent that OTT may disclose and use the information under this Policy;
• our legal counsels, accountants and auditors in the ordinary course of business;
• persons holding a legal or beneficial interest, and persons acting in a fiduciary, representative, or power-of-attorney capacity relating to a client account;
• third-party credit rating agencies;
• Canadian or foreign government, regulatory or law enforcement agencies to comply with applicable legal requirements of civil, criminal or regulatory investigations, or judicial process, subpoena, summons or warrant to protect against actual or potential fraud, unauthorized transactions, claims or other liability.
Provincial securities commissions and self-regulatory organizations including the Investment Industry Regulatory Organization of Canada and the Canadian Investor Protection Fund may require access to personal information of former and current OTT clients, for the following regulatory purposes:
• surveillance of trading-related activity;
• regulatory audits of financial and business conduct compliance;
• investigation of allegations of regulatory and statutory violations,
• management of regulatory databases;
• enforcement or disciplinary proceedings;
• reporting to securities regulators, or
• information sharing between securities regulatory authorities, regulated marketplaces, other self-regulatory organizations and law enforcement agencies in any jurisdiction in connection with any of the preceding purposes.
Permission To Collect, Use And Disclose Personal Information
Consent To Communications
By providing us with your contact information, you agree to allow us to contact you via email, mail, phone, or pre-recorded voice messages about our products, services, promotions, and information about the products, services, and promotions of our selected partners.
You may withdraw your consent to receive communications, have your information collected, used, and disclosed at any time, but please note that it may affect our ability to continue providing you with the products and services that you have or would like to receive. If you wish to withdraw your consent to the collection, use or disclosure of your personal information; or you do not wish to receive information about our current and future product offerings, special promotions or other services, please contact us at 1-800-806-0667 or firstname.lastname@example.org.
Procedures To Safeguard Personal Information
OTT has implemented Privacy Procedures to safeguard the personal information of its clients in both physical and electronic forms. We restrict access to personal information to only those employees on a need-to-know basis to provide you with our products or services. We maintain physical, electronic and procedural controls to safeguard personal information.
We protect your account information by keeping it on secure servers, using firewalls and other security technology to protect our network and systems from external attacks, and by requiring clients to enter a unique user ID and password to access trading systems. We conduct periodic internal audits of our business practices and procedures, examining our internal controls, security protocols and information access policies, in order to best protect the personal information of our clients.
You should note that PIPEDA does not prohibit OTT from a cross-border transfer of your personal information to a service provider for processing in a foreign jurisdiction. OTT has assessed the risks to your personal information when it is transferred to a third-party service provider operating outside of Canada, where it may be accessed by the courts, law enforcement and national security authorities.
Retention Of Personal Information
OTT will retain your personal information for only as long as necessary for the identified purposes or as required by law and securities regulation. We will use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access.
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Links To Non-OTT Websites
Notification Of Policy And Policy Changes
Accuracy And Access To Your Personal Information