MUTUAL FUND DEALERS ASSOCIATION OF CANADA
This version in effect since November 30, 2005
Protecting your privacy is important to the Mutual Fund Dealers Association of Canada (the “MFDA”). This Policy explains how the MFDA collects, uses and discloses the personal information you may provide to the MFDA while using the MFDA website – www.mfda.ca – and the information and services provided through the website (the “Website“).
1. By using the Website, or by submitting information to the MFDA through or in connection with the Website, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Policy and the MFDA Website Use Agreement (the “Website Agreement“) which is available by clicking here. If you do not agree with this Policy, you may not use the Website or submit information to the MFDA.
Information Automatically Collected Through The Website
2. Non-Personal Information – Like many other Internet websites, the Website automatically collects certain non-personal information regarding Website users, such as the date and time you access the Website, the Internet address of the website from which you linked to the Website, the operating system you are using, and the Website pages read and images viewed. This non-personal information is used for the Website and system administration purposes and to improve the Website. Non-personal information may be disclosed to other persons and permanently retained for future use.
3. Cookies – The Website may use “cookies”, a technology that installs a small amount of information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies may be used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), to offer personalized content and information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website.
Personal Information You Specifically Provide
4. Your Personal Information – In your dealings with the MFDA and during your use of the Website, you may be asked to voluntarily provide, and you might choose to voluntarily provide, personal information (such as your personal name, email address, postal address, telephone number, fax number, age, gender, employment-related information, educational level, occupation and a description of your skills and certifications). For example, there is a Complaints Form on the Website that you may choose to use and which requires you to voluntarily provide personal information. If you choose not to provide certain requested personal information, you may not be able to access or use certain features of the Website.
5. Use of Your Personal Information – The MFDA uses your personal information for the following purposes and as otherwise permitted by applicable law: (a) to contact and correspond with you or respond to your communications; (b) to perform its regulatory functions (such as surveillance of trading-related activities, regulatory audits, financial compliance, investigations, enforcement or disciplinary proceedings related to regulatory and statutory violations, maintenance of regulatory databases, reporting to securities regulators and information sharing with securities regulatory authorities, regulated marketplaces, other self-regulatory organizations and law enforcement agencies in connection with any of the above); (c) for administrative purposes (such as to comply with contractual obligations, to assist law enforcement and to administer the MFDA’s relationship with its members or clients of its members, suppliers and service providers); and (d) to otherwise facilitate and enhance your use of the Website.
6. Emails and Newsletters from the MFDA – If you contact the MFDA by email or otherwise indicate that you would like to receive email from the MFDA, then from time to time, the MFDA may send to you email or other communications containing information about the MFDA, the Website and other matters the MFDA believes may be of interest you. At any time you may ask the MFDA to stop sending you email, newsletters and other information by sending your request to the MFDA’s Privacy Officer at one of the addresses noted below.
7. Disclosure of Your Personal Information – The MFDA may disclose your personal information in the following circumstances and as otherwise permitted by applicable law:
- Disclosure to Investigators and Other Enforcement Authorities of the MFDA – If you use the Website to make a complaint regarding the potential misconduct of a dealer, registrant, regulatory agency or any other person, the MFDA may provide your personal information to certain persons designated to investigate the potential misconduct or to adjudicate a resulting disciplinary hearing. There is the potential that certain disciplinary hearings will be open to the public and the MFDA has no control over, or liability for, the disclosure of personal information in the context of a public disciplinary hearing.
- Disclosure to Affiliates, Agents and Suppliers – The MFDA may provide your personal information to its affiliates, agents, suppliers and service providers in connection with matters relating to your use of the Website or other matters. The MFDA requires its affiliates, agents, suppliers and service providers to agree to use your personal information only for the purposes for which it is provided to them, and to protect the privacy of your personal information in a manner that is consistent with this Policy. If at any time you do not wish your personal information to be disclosed to certain or any other persons, please send your request to the MFDA’s Privacy Officer at one of the addresses noted below; however, this may affect your ability to use the Website.
- Law Enforcement and Legal Disclosure – The MFDA may disclose your personal information to a government institution or regulatory agency that has asserted its lawful authority to obtain the information or where the MFDA has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel.
8. Depersonalized Information – The MFDA may use personal information to create non-personal information regarding the use of the Website. The MFDA may then disclose that non-personal information to other persons and permanently retain that non-personal information for future use.
9. Business Contact Information – To the extent permitted by law, the provisions of this Policy concerning “personal ” do not apply to information (such as your personal name, position or title, business address, business telephone number, business fax number and business email address) that enables you to be contacted at a place of business.
10. Location of Information – The MFDA will store and process your personal information in Ontario, Calgary and British Columbia, Canada.
11. Securing Your Information – The MFDA employs reasonable security safeguards appropriate to the sensitivity of the personal information in its possession or under its control in order to protect that information from unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Only those persons who need to have access to your personal information in order to carry out their duties with respect to the uses set out above will have access to your personal information. Nevertheless, security risks cannot be eliminated and the MFDA cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy.
12. Accessing Your Personal Information – You may request access to your personal information and information about the MFDA’s collection, use and disclosure of that information by sending your request to the MFDA’s Privacy Officer at one of the addresses noted below. Subject to certain exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information within a reasonable time, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help the MFDA maintain the accuracy of your information by notifying the MFDA of any changes to your personal information.
13. Policy Changes – To accommodate changes in the Website, changing technology, and legal developments, this Policy may be changed from time to time in the MFDA’s discretion and without any prior notice or liability to you or any other person. The MFDA’s collection, use and disclosure of your personal information will be governed by the version of this Policy in effect at that time. New versions of the Policy will be posted on the Website and are available upon request from the MFDA.
14. Accountability and Contacting the MFDA’s Privacy Officer – The MFDA takes privacy issues very seriously and welcomes questions and feedback on its management of personal information. Any questions, concerns or complaints regarding this Policy or your personal information may be directed to the MFDA’s Privacy Officer by the following methods: (a) by telephone – (416) 361-6332; (b) by email – firstname.lastname@example.org; (c) by facsimile – (416) 943-1218; (d) by postal mail to “Privacy Officer”, Mutual Fund Dealers Association of Canada, 1000 – 121 King Street West, Toronto, Ontario M5H 3T9.
MUTUAL FUND DEALERS ASSOCIATION OF CANADA
WEBSITE USE AGREEMENT
This version in effect since November 30, 2005
THIS AGREEMENT GOVERNS YOUR USE OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA’S WEBSITE. IT EXEMPTS THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and the Mutual Fund Dealers Association of Canada (the “MFDA“) regarding your access to and use of the MFDA’s website and all content, information and services available on or through the website (collectively, the “Website“). This Agreement also provides benefits to the MFDA’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
2. Permission to Use the Website
The Website may only be used by persons who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
3. Scope of Agreement
This Agreement governs your use of the Website and is the entire agreement between you and the MFDA relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and the MFDA with respect to your use of the Website. This Agreement is in addition to and supplements any other written agreements you may have with the MFDA concerning your dealings with the MFDA generally. If there is any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreements that you or any persons you represent have with the MFDA, the provisions of this Agreement will govern regarding access to and use of the Website, and the other agreements will govern regarding all other matters.
4. Changes to This Agreement
The MFDA may in its discretion change this Agreement from time to time as it relates to future use of the Website, by posting the revised Agreement on the Website. By using the Website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. You may not change, supplement, or amend this Agreement in any manner.
5. Ownership and Permitted Use of the Website
The Website (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of the MFDA and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the MFDA. You may not sell or resell any part of the Website or access to the Website.
6. Trademark Information
MFDA™, Mutual Fund Dealers Association of Canada and the MFDA design are trademarks owned or licensed by the MFDA.
Other names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, official marks, service marks, trade names and logos of their respective owners.
Any use of the trademarks, official marks, service marks, trade names or logos displayed on or in connection with the Website is strictly prohibited, and nothing appearing on or in connection with the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those marks.
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Website without the express written permission of the MFDA are strictly prohibited. To request permission to link to the Website, please send an email to email@example.com. The MFDA may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. Unsolicited Submissions
In order to avoid potential misunderstandings or disputes, the MFDA does not accept or consider unsolicited ideas or suggestions (“Submissions“). If you send Submissions to the MFDA or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to the MFDA and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the MFDA or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of the MFDA and its successors, assigns and licensees.
9. Disclaimers, Liability Exclusions/Limitations and Indemnity
Your access to and use of the website is at your own risk. the website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, results, security, timeliness, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by the mfda to the fullest extent permitted by law.
Without limiting the generality of the foregoing, the mfda makes no representation, warranty, condition or guarantee that: (a) the website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (b) the website will meet your requirements; (c) the information available on, through or connected with the website will be timely, uninterrupted, sequential, accurate or complete; (d) certain or any results may be obtained through the access to or use of the website; or (e) the access to and use of the website will be free of viruses, trojan horses, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person; and the mfda disclaims any and all liability regarding such matters to the fullest extent permitted by law.
• Liability Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the mfda ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website, this agreement, the subject matter of this agreement, the termination of this agreement or otherwise, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the mfda or any person for whom the mfda is responsible, and even if the mfda has been advised of the possibility of such loss or damage being incurred.
You will indemnify, defend and hold the mfda harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the mfda in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the website, your breach of this agreement, or any wrongful conduct by you or any person for whom you are responsible under this agreement or at law. you will assist and co-operate as fully as reasonably required by the mfda in the defence of any such claim, demand or proceeding.
In this section 9, (a) references to “MFDA” includes the mfda and each of its directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and all other related, associated, or connected persons, jointly and severally; (b) references to “website” include all content, information, and services available on, through or in connection with the website; and (c) references to “you” means you and any persons you purport to represent or who use the website on your behalf.
10. Personal Information Privacy
11. Other Sites/Resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites“). Other Sites are independent from the MFDA, and the MFDA has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. The MFDA does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against the MFDA arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. The provisions of this Agreement apply with all necessary modifications, to your access to and use of Other Sites and their business, goods, services and content.
12. Changes / Termination
Notwithstanding any other provision of this Agreement, the MFDA may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. The MFDA may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and the MFDA will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
13. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and the MFDA or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes“) will be resolved before the Courts of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
14. Other Matters
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect, unless as a result of any such severance this Agreement would fail in its essential purpose.
This Agreement enures to the benefit of and is binding upon each of the MFDA and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. The MFDA may assign this Agreement and its rights and obligations under this Agreement without your consent. This Agreement contains provisions for the benefit of the MFDA’s directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and other related, associated, affiliated or connected persons, each of whom has the right to assert and enforce such provisions directly or on its own behalf.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to the MFDA.