Security and Privacy

Security and Privacy

Table of contents 
Personal information Your consent
Use of personal information Data security
Disclosure of your information Access, correct and contact
Our website Opt out of receiving info
Links to sites and services Privacy Policy changes

The privacy policy is effective as of March 1, 2010.

Macquarie Global Investments also known as Macquarie Securities Financing Ltd. ("MSF", "we", "us" or "our") takes steps intended to meet privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this Policy is to inform our customers and other individuals we deal with ("you" or "your") how we collect, use, disclose and protect your personal information. For example, we obtain personal information about you when you enter into a master acquisition and financing agreement ("Agreement"). We obtain personal information from your broker acting as your agent under the Agreement and / or directly from you so that we may provide to you the services set out in the Agreement and/or other services. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This Policy applies to our collection, use and disclosure of personal information in Canada. This Policy does not apply to information about our employees except information collected, used or disclosed as a result of an employee entering into an Agreement. This Policy does not apply to information that is not personal information.

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Personal information we collect  

MSF and its agents and representatives collect personal information in a number of circumstances in the course of providing services. Personal information we collect either from you directly, from your broker acting as your agent under the Agreement, or from others may include:

  • name, address, telephone number(s), and other contact information, including how long you have been at your most recent address;
  • assets, savings, income, liabilities, credit records including reports from credit bureaux or personal information agents, social insurance number, banking information, property ownership, rent paid, income from rented properties, insurance, tax information (including tax returns and notices of assessment, net worth statements, business license and other financial information);
  • identifying information such as social insurance number and/or driver's license if provided;
  • occupation, employer, employment history and type (self employment or employment) and other occupational information;
  • marital status, date of birth, age and other biographical or profile information;
  • information collected with your consent from other sources including information to verify information such as employer and income details, and banking information;
  • information compiled as a result of entering into an Agreement or other transaction with you including information on delinquencies and defaults on financing or other transactions;
  • information on applications, forms and other information you may provide or we may collect during our assessment and approval process with respect to transactions under the Agreement or otherwise;
  • information concerning a guarantor and any other party named on a financing note or other transaction documents;
  • information we collect to update our records;
  • information collected from recording telephone conversations with our staff; and
  • such other information we may collect with your consent or as permitted or required by law.

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Use of personal information  

MSF uses personal information for the following purposes:

  • establishing your needs and determining your credit responsibility, recording, evaluating and responding to your request for services under the Agreement or otherwise, including the purchase of securities and the provision of financing and other services;
  • verifying and updating information you have provided to us;
  • confirming your identity; if provided, your social insurance number and/or driver's license will be used for purposes of identification. In particular, your social insurance number may be used when contacting credit bureaus to make sure that the information obtained refers to you. While we are required by tax law to ask for your social insurance number when you open an account that earns interest, permitting us to use your social insurance number to obtain reports from and update your information with credit bureaus is voluntary. If you do not consent to this use, please contact us;
  • determining your eligibility from time to time for products and services of MSF or its affiliates and sending you information by mail, phone or email concerning those products if you consent;
  • to register a security interest in your personal property in favour of us under personal property security legislation or any law of similar effect in the applicable jurisdiction;
  • managing, administering, collecting or otherwise enforcing financing notes or other financial obligations;
  • information from recorded telephone calls is used to identify you, confirm your directions, maintain a record of your instructions and for training and quality assurance purposes;
  • protecting you and us from error and fraud;
  • maintaining business records for reasonable periods, and generally managing and administering our business;
  • meeting legal, regulatory, self-regulatory, audit, insurance, security and processing requirements; and
  • otherwise with consent or without consent as permitted or required by law.

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Disclosure of your personal information  

MSF may disclose personal information to the following parties for the following purposes:

  • to credit bureaux and personal information agents including to update your information with credit bureaux and personal information agents as long as you have outstanding financing notes with us and for a period of time following repayment;
  • to affiliates to maintain a record of financing notes, delinquencies and defaults which may be accessed by our affiliates if you approach another affiliate for funding;
  • where required by regulatory requirements including applicable requirements in jurisdictions outside Canada where MSF or its affiliates have operations;
  • to outside sources to help us collect a debt owed to us by you; and
  • otherwise with consent or as permitted or required by law.

In addition to the above, personal information may be disclosed to our affiliates (including outside of Canada) for internal audit, management, billing or administrative purposes.

Service Providers. MSF may transfer personal information to outside agents or service providers (including affiliates of MSF acting in this capacity) that perform services on our behalf, for example financing note administration, enforcement, debt recovery and collections; mailing; call center; billing; marketing; information technology; and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Privacy Policy. All such third party service providers are required to sign agreements to help ensure that they will protect the confidentiality of your personal information. Some of these service providers or affiliates may be located outside of Canada, including in Australia and the United States, and your personal information may be collected, used, disclosed, stored and processed in Australia or the United States or elsewhere outside of Canada for the purposes described in this Privacy Policy. Reasonable contractual and other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada, Australia, the United States and other foreign countries applicable to our affiliates, agents and service providers. In the event that a Service Provider is located in the United States or Australia, for example, the United States or Australian governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions. Personal information may be used by MSF and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, merger, amalgamation, reorganization, assignment or other disposal of all or part of MSF or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:

  • permitting those parties to determine whether to proceed or continue with the transaction
  • fulfilling reporting, inspection or audit requirements or obligations to those parties

Assignees or successors of MSF or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Policy.

Legal, Regulatory, etc. MSF may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable to MSF or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).

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Our website 

We collect aggregate information website traffic; for example, what pages consumers access or visit. This statistical information we collect is used for internal review and to improve the content of our website. It is not shared with any other organizations for commercial purposes. We do not set any cookies. We do not partner with or have special relationships with any ad server companies.

If you supply us with your postal address or email address, you will only receive the information for which you provided us your postal address or email address.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. MSF only collects Personal Information that you submit voluntarily when you provide your name, address and any other contact information you choose to provide, on the "Contact Us" portion of the Site. Such Personal Information is collected for the sole purpose of adding your name and contact information to MSF's mailing list in order to provide you with publications, promotions, updates and invitations to upcoming MSF events that may be of interest to you. By providing MSF with Personal Information on these portions of the Site, you consent to the collection and use of such information in accordance with this Privacy Policy. MSF does not disclose any Personal Information to any third parties, except as set out in this Privacy Policy or required by law. If you are concerned about how your information is used, you should check back at our website periodically.

Please let us know of any questions or concerns via email at MGICanadaPrivacyOfficer@macquarie.com

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Links to sites and services  

We may provide links to other web sites we think you may be interested in. We are not responsible for these sites. Before providing any personal information on these third-party websites, you should ensure that you have read their privacy policies.

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Your consent  

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign, either directly with MSF, your broker or with another third party or when you enter into an Agreement with us) describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested). Your consent can be received by MSF via a third party such as your broker who you direct to send your documentation to MSF. You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). By entering into a Master Acquisition and Financing Agreement with Macquarie Securities Financing Ltd., or another agreement with MSF for the provision by MSF of services to you, you are providing your express consent for us to collect, use and disclose the personal information you have provided for the purposes identified or described in this Privacy Policy, or otherwise, at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing financial products to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Policy or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on financing information after financing has been granted, if applicable). Upon request, we will explain the consequences of withdrawing consent in more detail, should you choose to do so.

MSF collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us including when realizing on security.

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Data security  

We have thorough security standards in place to protect your information against unauthorized access and use. We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, agents, mandataries and service providers of MSF who require access to your personal information in order to fulfil their job requirements will have access to your personal information.

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Access, correction and contacting us  

MSF may establish and maintain a file of your personal information for the purposes described above, which will be accessible at Macquarie Securities Financing Ltd., 20 Toronto St., 10th Floor, Toronto, Ontario, M5C 2B8, Canada. Having accurate information about you will enable us to give you the best possible service. We expect that you will provide us with updated information when you move or change telephone numbers, or have any other material changes in your information. If you detect any errors in the information we have about you, please let us know immediately. If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention Privacy Officer. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to change or withdraw your consent, obtain more information on MSF privacy policies and procedures, make inquiries or complaints, obtain information on how to access the file containing your personal information held by personal information agents we consulted, or have other concerns about our personal information practices, you may write to us as described above, e-mail us at MGICanadaPrivacyOfficer@macquarie.com or telephone us at 416-687-1158 or at Toll Free 1-866-681-9462 (English) or 416-687-1159 or at Toll Free 1-866-681-9464 (French).

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To opt out of receiving product solicitation  

Please advise us by one of the above means, or on any opt-out opportunity that may be provided to you, if you wish to withdraw your consent to be sent marketing materials. Opting out of receiving marketing material will not limit regulatory or product-related account information that we may need to send to you.

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Privacy policy changes  

This Privacy Policy may be revised from time to time. If we intend to use or disclose Personal Information for purposes materially different than those described in this Policy, we will make reasonable efforts to notify affectednt than those described in this Policy, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Privacy Policy. If you are concerned about how your personal information is used, you should contact us as described above or by checking at our website periodically at www.macquarieglobalinvestments.ca to obtain a current copy of this Policy. We urge you to request and review this Privacy Policy frequently to obtain the current version. Your continued provision of personal information or use of our products following any changes to this Privacy Policy constitutes your acceptance of any such changes.

This Privacy Policy is effective as of March 1, 2010.

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