KINSMAN OAK PRIVACY POLICY
Privacy Policy
This Privacy Policy describes the policies and procedures followed by Kinsman Oak Capital Partners Inc. (”KOCP”, also referred to as “Kinsman Oak”, “we”, “us” and similar terms throughout this Policy) regarding the collection, use and disclosure of your Personal Information when you visit our website or otherwise interact with KOCP. Please note that when using the website, this Privacy Policy should be read in conjunction with our Disclosures and Terms of Use.
The privacy of our investors is very important to us. Set forth below are our policies with respect to Personal Information of subscribers in our funds, investors and former investors that we collect, use and disclose. This Policy will be reviewed and may be updated periodically to reflect any changes in the way we handle Personal Information and/or any changes to applicable laws.
Definition of Personal Information
For the purposes of this Policy, “Personal Information” means information about an identifiable individual. This may include, for example, your name, contact information, email-address, information relating to your account with us, including your identity and the services you use and subscribe to, as well as credit and banking information, billing records and any complaints documented in a file. Personal information that is aggregated and or anonymized and cannot be associated with an identifiable individual is not considered to be Personal Information. Further, Personal Information does not include business contact information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to his/her employment, business or profession, or publicly available information as defined by applicable privacy legislation.
Collection of Your Personal Information
We collect your Personal Information to enable us to provide you with services in connection with your investment in our funds, in order to give you the best possible service, allow us to establish your identity, protect us from error and fraud, assess your eligibility in our products, to comply with the law and to meet legal and regulatory requirements, for any other purpose to which you may consent in the future or for the purposes listed in section “Use of your Personal Information” below.
The type of Personal Information we collect depends on your relationship with us. When you visit the website, receive services from us or otherwise interact with KOCP or in connection with the offering and sale of units of our funds, we may collect and process the following data about you:
Information That You Provide Us
We collect information that contacts and subscribers provide to us directly when they contact us by mail or email or sign up to receive our publications.
Personal information including your name, company name, email address(es), telephone number(s), job title, and subscription preferences.
If you are an investor, either directly or through dealers, authorized advisers, agents and other intermediaries, we may collect Personal Information such as your name, contact information, date of birth, passport information, social insurance number, photo identification, employment information, marital and dependents’ information, wire transfer instructions, financial and credit history, banking and financial information, and marketing preferences.
For certain types of accounts, we collect Personal Information about beneficial owners and persons authorized to provide directions on the account, including name, address, date of birth, photo identification, occupation, and signature.
We collect information that Job Applicants provide to us directly when they submit either an online or paper job application and any associated documents, including name, contact information, educational and employment history, professional designations, certifications and memberships, information relating to references, and employment preferences.
You are not under any obligation to provide any of this information. However, if you withhold requested information, we may not be able to provide certain services to you.
Information We Collect About You
We also use cookies on our website and automatically collect certain information about the way you visit our website, how you arrive at our website, the location from which you access our website, the Internet Protocol (“IP”) address from which the website was accessed, access times, and the browser type (see Cookies section below). This information helps us to improve the functionality of the website.
Information may also be collected indirectly from monitoring or other means (e.g. recording of telephone calls and monitoring e-mails with us). In these circumstances, the information is not accessed on a continuous or routine basis, but it may be used only for legal, compliance or security purposes.
Use of Your Personal Information
The reasons we collect and use your Personal Information depends on your relationship with us. We may use the Personal Information you give us for the following purposes:
To contact you and to respond to your requests, enquiries, and other communications.
To send publications to those who have registered to receive such materials.
To establish and verify an investor’s Personal Information such as his/her identity, to determine his/her eligibility for a product or service, and to establish and administer his/her account and provide investment management services.
For employment and recruitment purposes, in accordance with regulatory requirements.
For fraud prevention and detection and to comply with applicable laws, regulations or codes of practice including complying with any obligations that derive from anti-money laundering and counter-terrorism legislation
We also collect and use information to comply with KOCP’s legal and regulatory requirements.
Sharing Your Personal Information
We use certain third-party service providers who may have access to the information we collect or who collect information on our behalf. If you are an investor, we may also disclose certain Personal Information to our affiliates and service providers, such as fund administrators (including, but not limited to, SGGG Fund Services Limited and its affiliates), custodians, financial service providers, such as banks and others used to finance or facilitate transactions by, or operations of a fund, broker-dealers, accountants, auditors and lawyers, as necessary to effect and administer our funds and enforce our rights and obligations. All service providers are permitted to use data only for the purpose of performing services on our behalf.
Information may also be disclosed to law enforcement, courts and regulatory authorities, and otherwise as required or permitted by applicable law to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial, regulatory and taxation authorities.
Investors should be aware that our funds are required to periodically file a report with certain regulatory and taxation authorities. Regulatory authorities, including the Ontario Securities Commission (the “Regulators”), require that our funds file a report setting out who bought units of a fund including each subscriber’s name, address and telephone number, the number and type of securities purchased, the date of issuance and the purchase price of the securities issued to the investor. Such information is collected indirectly by the applicable Regulators under the authority granted to it in securities legislation for the purposes of the administration and enforcement of such securities legislation. More information is found in our Relationship Disclosure Information document.
As our business grows and KOCP’s services continue to develop, we may choose to use other service providers in Canada, the United States or elsewhere. Please see below under “International Transfer of Personal Information” for more information.
International Transfer of Your Personal Information
The nature of our business sometimes requires us to use service providers who may be located in the United States or elsewhere outside of Canada. Accordingly, your Personal Information may be transferred outside of Canada where data protection laws and privacy regulations may not offer the same level of protection. Such Personal Information will be subject to the legal requirements of the applicable foreign jurisdiction(s) and may be accessible to courts, law enforcement and national security authorities in each jurisdiction where it is accessed or stored. You hereby consent to the transfer of your Personal Information to recipients as described in this Privacy Policy which are located outside of your country of residence.
Storage and Destruction of Your Personal Information
Your Personal Information may be kept in electronic or paper format in the offices of KOCP. To the extent permissible by applicable laws, your Personal Information may also be stored at our offices in Toronto, Ontario and/or data centres of our third-party service providers. When your Personal Information is no longer needed by us for the purposes described in this Policy, or otherwise for legally permissible reasons, we will securely dispose of your Personal Information.
Consent
Unless you otherwise advise, by completing and submitting an online or paper application form, visiting our Website, applying to invest in our products and services, or subscribing to our marketing or other communications, you consent to the collection, use and disclosure of your Personal Information for the purposes set out in the “Use of Your Personal Information” section above.
You have a right to object to processing of your Personal Information where that processing is carried out for our legitimate interest and/or this processing is not core to the services or products provided. You may withdraw your consent at any time by contacting KOCP at the following email address: info@kinsmanoakpartners.com.
Please note, however, that withdrawing consent may affect our ability to open or maintain your account, to communicate with or provide services to you or your authorized advisor or representative, or to evaluate your candidacy for a position at KOCP. Further, the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal, and it will not preclude the future processing of Personal Information if within our legitimate interest.
We will seek your consent before using your Personal Information for any purposes beyond the scope of this original consent, except as otherwise required or permitted by applicable law.
Data Quality and Accessing Your Personal Information
You may ask for access to the Personal Information that we hold about you, as well as for information about our handling of your Personal Information. Your request must be in writing. Access will generally be provided free of charge; however, if you request that information be copied or transmitted to you, we may charge a reasonable fee where permitted by applicable law.
In certain circumstances, we may decline or be unable to provide access to some or all of the Personal Information that we hold about you where permitted or required by applicable law. If we do not provide you with access, we will generally provide you with an explanation.
While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us in this regard by promptly notifying us if there are any changes to your Personal Information. You may access your Personal Information to verify its accuracy and update your information by contacting KOCP at the following email address: info@kinsmanoakpartners.com.
Retention
KOCP may retain your Personal Information as necessary for the provision of the services, internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements.
Children’s Policy
No part of our website is targeted to attract anyone under 18.
Cookies
The website may use “cookies,” which may automatically collect certain information and data. Cookies are small files containing a unique identification number that a website sends to your computer's web browser. When you visit the Website, a cookie may be used to track the activities of your browser. The data identifies you as a unique user and facilitates your ongoing access to and use of the website. Cookies cannot typically view or retrieve data from other cookies, or capture files or information stored on your computer. Only the website that sends you cookies is able to read them.
If you do not want us to use cookies when you use the Website, you can disable them in your internet browser settings. Please refer to the documentation for your browser or device regarding how to allow or refuse Cookies. Alternatively, to find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the website: http://www.allaboutcookies.org.
Security of Your Personal Information
We have policies and procedures in place to protect your Personal Information from loss and unauthorized access or disclosure. KOCP maintains physical, electronic, and procedural safeguards reasonably designed to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. KOCP can make no guarantee that these procedures will prevent all unauthorized access, and as a result, Personal Information submitted through or contained on the website or on our systems may be vulnerable to unauthorized disclosure to unknown third parties.
Please note that no method of transmitting or storing Personal Information online is completely secure. As a result, while we strive to protect your Personal Information, you should be aware that:
There are security and privacy limitations of the Internet which are beyond our control;
the security, integrity and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed; and
any such information and data may be viewed or tampered with in transit by a third party.
We endeavor to protect Personal Information, but we cannot guarantee the security of information transmitted to us, or by us, by electronic means.
Risks
Although we take steps to safeguard the information under our control, "perfect security" does not exist. In particular, we cannot guarantee the security of information communicated to us via email. It is possible that third parties may unlawfully intercept or access such information.
We use Service Providers in other countries. This means that your information may be transferred to, or stored in, another country (including the United States) and accessible to foreign courts, law enforcement and national security authorities.
Revisions to this Privacy Policy
We may amend or revise our Privacy Policy from time-to-time. Substantial amendments or revisions will be posted on our website and obtain your consent when required by law. We encourage you to refer to this Privacy Policy on an ongoing basis, so you understand our current privacy practices.
Contact Us
If you have any questions or comments about our Privacy Policy, please feel free to contact us at info@kinsmanoakpartners.com.
