Legal

This website (“Site”) is provided to you by Power Financial Corporation (“Power Financial” or the “Corporation”). Your access to and use of this Site is subject to these Terms and Conditions and the provisions of the Privacy Policy. By accessing this Site you (“you”) agree to be bound by these Terms and Conditions whether or not you have read them and you consent to the collection, use and disclosure of your personal information as set out in the Privacy Policy. If you do not agree to these Terms and Conditions, do not access this Site. Power Financial may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using this Site.

Use of Information

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Power Financial’s sole discretion. Information provided on this Site is not considered full disclosure for the purpose of trading in the securities of Power Financial. This Site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax or other professional advice. This Site should not be used as a substitute for independent research or for personal advice and prior to trading in securities of Power Financial, you should consult the appropriate professional advisers.

The information and materials presented on this Site are not to be used or construed as a public offering, an offer to sell or the solicitation of an offer to buy any securities of Power Financial.

The information and materials presented on this Site should not be interpreted to state or imply that past results are indicative of future performance.

Changes to the Site

Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

Site Privacy and Cookies

Power Financial’s personal information practices with respect to the Site are governed by the Privacy Policy.

The Site does not automatically gather any personal information from you, such as your name, phone number or e-mail address. We would obtain this type of information if you supply it voluntarily through the Site or by sending us an e-mail or other communication separate from the Site. For example, when you subscribe to our email notification service, we collect your last name, first name, email address and language preference in order to send you email alerts when new information is posted on our website, such as news releases and other Disclosure Documents (as defined below). You may cancel your subscription at any time by using the unsubscribe mechanisms provided through the email alerts.

Power Financial may employ software programs and other methods to monitor network traffic on its Site to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or other assets of Power Financial. These programs and methods may receive and record the Internet Protocol (“IP”) address of the computer that has contacted our Site, the date and time of the visit and the pages visited. We may attempt to link these addresses with the identity of individuals visiting our Site if an attempt to damage the Site or other Power Financial assets has been detected.

A “cookie” is a text file placed on your computer’s hard drive or memory by a web server, which allows for personalization of certain aspects of your visit to that website. Power Financial uses cookies to facilitate your use of our Site, and to temporarily track your activity on our Site in order to compile statistics regarding the use of our Site. We may also use cookies in order to improve the efficiency and convenience of viewing the Site.

Cookies can usually be disabled by changing your browser preferences. Please consult your browser’s help function for information on how to disable cookies. If you choose to refuse cookies placed by our Site, certain functions of the Site may not function properly.

We use two types of cookies: (i) a language cookie that remembers your choice of language for the website (i.e. English or French) for the purpose of your next visits; (ii) cookies related to the use of Google Analytics on our website. Google Analytics uses first-party cookies to report on visitor interactions. These cookies are used to store non-personally identifiable information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. A description of the Google Analytics cookies can be found at: http://google.com/analytics/learn/privacy.html.

By using this site with cookies enabled in your browser preferences, you consent to the use of the cookies described above.

Links

This Site may contain links or references to third-party websites including affiliates of Power Financial. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Power Financial even if such third party is a Power Financial affiliate. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Your Obligations

Your use of this Site will at all times comply with all applicable laws. You will not use this Site to (a) engage in denial of service attacks, transmit disabling mechanisms or take actions designed to impair network access; (b) infringe any third party’s intellectual property or proprietary rights;
(c) transmit or disseminate content that you do not have the right to transmit or disseminate under law, or contractual or fiduciary relationships; or
(d) transmit or disseminate content that contains personally identifiable information not belonging to you.

Intellectual Property

The materials displayed on or contained within this Site including, without limitation, all software, tools, design, text, reports, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Materials”), are the property of Power Financial and its affiliates or licensors and are protected by copyright, trade-mark and other intellectual property laws.  and  are trademarks of Power Corporation of Canada (“Power Corporation”). All rights reserved.

Power Financial hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display on the Site the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) without express prior written consent of Power Financial. Use of Materials is only permitted with the express written permission of Power Financial and/or its affiliates or licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

This provision shall survive the termination of your right to use this Site.

Securities Filings and Other Financial Information 

Canadian securities regulators have established a system requiring regular disclosure of financial and operating information (including annual and interim financial statements, annual and interim management’s discussions and analyses (“MD&As”), annual information forms (“AIFs”) and management proxy circulars), as well as periodic disclosure upon the occurrence of certain events (collectively, “Disclosure Documents”).

Power Financial relies on certain of the continuous disclosure documents filed by Power Corporation pursuant to an exemption from the requirements of National Instrument 51-102 – Continuous Disclosure Obligations (NI 51-102) pursuant to Section 13.1 of NI 51-102 and as provided in the decision of the Autorité des marchés financiers and the Ontario Securities Commission, dated January 19, 2021, regarding Power Financial and Power Corporation. Accordingly, certain of the Disclosure Documents on this Site are those of Power Corporation and have been drafted (except as noted therein) and filed by Power Corporation with securities regulatory authorities in Canada under Power Corporation’s profile on SEDAR+ at www.sedarplus.ca.

Information available on this Site includes certain Disclosure Documents and other financial and operating information relating to Power Financial. Any such information, whether in a Disclosure Document or otherwise, may not be the most current source of information regarding Power Financial and its affiliates. Power Financial disclaims any intention or obligation to update such information and, subject to applicable law, disclaims any responsibility for the content of Power Corporation’s Disclosure Documents. Any such information available on this Site, including in Disclosure Documents, shall be deemed to be modified or superseded to the extent that subsequent information on the Site, including information in later-dated Disclosure Documents, modifies or supersedes such information. The subsequent information need not state that it has modified or superseded prior information available on this Site. Disclosure Documents may be found at www.sedarplus.ca.

Forward-Looking Information 

Certain statements on this Site, including in Disclosure Documents, other than statements of historical fact, are forward-looking statements based on certain assumptions and reflect Power Financial’s current expectations, or with respect to Power Corporation’s Disclosure Documents, reflect Power Corporation’s disclosed current expectations and, with respect to disclosure regarding Power Corporation’s public subsidiaries, reflect such subsidiaries’ disclosed current expectations. 

Forward-looking statements are provided for the purposes of assisting the reader in understanding the Corporation’s financial performance, financial position and cash flows as at and for the periods ended on certain dates, as well as the Corporation’s business, operations, prospects and risks at a point in time in the context of historical and possible future developments, or to otherwise present information about management’s current expectations and plans relating to the future and the reader is cautioned that such statements may not be appropriate for other purposes. These statements may include, without limitation, statements regarding the operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies and outlook of the Corporation and its subsidiaries, including the fintech strategy, the expected impact of pandemics or other public health crises on the Corporation’s and its subsidiaries’ operations, results and dividends, as well as the outlook for North American and international economies for the current fiscal year and subsequent periods, financial targets, ratios and cash management expectations, the intended effects and timing of material transactions, acquisitions and dispositions, fundraising activities and capital commitments, share buybacks and redemptions of securities of the Corporation and its subsidiaries, forward-looking accounting estimates, impacts and other determinations. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as “expects”, “anticipates”, “plans”, “believes”, “estimates”, “seeks”, “intends”, “targets", “projects", “forecasts" or negative versions thereof and other similar expressions, or future or conditional verbs such as “may”, “will”, “should”, “would” and “could”.

By its nature, this information is subject to inherent risks and uncertainties that may be general or specific and which give rise to the possibility that expectations, forecasts, predictions, projections or conclusions will not prove to be accurate, that assumptions may not be correct and that objectives, strategic goals and priorities will not be achieved. A variety of factors, many of which are beyond the Corporation’s and its subsidiaries’ control, affect the operations, performance and results of the Corporation and its subsidiaries and their businesses, and could cause actual results to differ materially from current expectations of estimated or anticipated events or results. These factors include, but are not limited to: the impact or unanticipated impact of general economic, political and market factors in North America and internationally, fluctuations in interest rates, inflation and foreign exchange rates, monetary policies, business investment and the health of local and global equity and capital markets, management of market liquidity and funding risks, risks related to investments in private companies and illiquid securities, risks associated with financial instruments, changes in accounting policies and methods used to report financial condition (including uncertainties associated with significant judgments, estimates and assumptions), the effect of applying future accounting changes, business competition, operational and reputational risks, technological changes, cybersecurity risks, changes in government regulation and legislation, changes in tax laws, unexpected judicial or regulatory proceedings, catastrophic events, man-made disasters, terrorist attacks, wars and other conflicts, or an outbreak of a public health pandemic or other public health crises, the Corporation’s and its subsidiaries’ ability to complete strategic transactions, integrate acquisitions and implement other growth strategies, the Corporation’s and its subsidiaries’ success in anticipating and managing the foregoing factors, and with respect to forward-looking statements of the Corporation’s subsidiaries, the disclosed factors identified by such subsidiaries.

The reader is cautioned to consider these and other factors, uncertainties and potential events carefully and not to put undue reliance on forward-looking statements. Information contained in forward-looking statements is based upon certain material assumptions that were applied in drawing a conclusion or making a forecast or projection, including management’s perceptions of historical trends, current conditions and expected future developments, as well as other considerations that are believed to be appropriate in the circumstances, including the availability of cash resources, that any required approvals (including regulatory approvals) for strategic transactions, acquisitions, divestitures or other growth or optimization strategies will be received when and on such terms as are expected, and that the list of factors in the previous paragraph, collectively, are not expected to have a material impact on the Corporation and its subsidiaries, and with respect to forward-looking statements of the Corporation’s subsidiaries, the risks identified by such subsidiaries in their respective disclosure documents filed with the securities regulatory authorities in Canada and available at www.sedarplus.ca. While the Corporation considers these assumptions to be reasonable based on information currently available to management, they may prove to be incorrect.

With respect to Power Corporation’s Disclosure Documents, and information derived therefrom, on this Site, all the above references in this section entitled “Forward-Looking Information” to the Corporation and management shall exclusively refer to Power Corporation and its management. See also “Securities Filings and Other Financial Information” above.

Other than as specifically required by applicable Canadian law, the Corporation undertakes no obligation to update any forward-looking statement to reflect events or circumstances after the date on which such statement is made, or to reflect the occurrence of unanticipated events, whether as a result of new information, future events or results, or otherwise.

Additional information about the risks and uncertainties of the Corporation’s business and material factors or assumptions on which information contained in forward-looking statements is based is provided in its disclosure materials, including Power Corporation's most recent annual (and subsequent interim) Management’s Discussion and Analysis and Annual Information Form, filed with the securities regulatory authorities in Canada and available at www.sedarplus.ca.

Disclaimer of Warranties

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE OR DOCUMENTATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. POWER FINANCIAL MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, DOCUMENTATION AND LINKS CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED ACCESS, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, SOFTWARE OR DOCUMENTATION PROVIDED THROUGH THIS SITE. IN ADDITION, POWER FINANCIAL DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

Limitation of Liability

IN NO EVENT SHALL POWER FINANCIAL, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, GOODWILL OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES CONTAINED OR REFERRED TO ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; WHETHER OR NOT POWER FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

Indemnification

You agree to indemnify and hold harmless Power Financial and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; and (b) your use of this Site. This provision shall survive the termination of your right to use this Site.

Termination

Power Financial may at any time and at its sole discretion terminate your right to use this Site.

Governing Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Québec and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of the Province of Québec. This provision shall survive the termination of your right to use this Site.

General

These Terms and Conditions together with the Privacy Policy constitute the entire agreement between you and Power Financial with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by Power Financial or you to exercise any rights, powers or remedies hereunder, or any delay in such exercise, shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This provision shall survive the termination of your right to use this Site.

This Privacy Policy (the “Policy”) describes the practices of Power Financial Corporation (“Power”, the “Corporation”, “we”, “us”, “our”) with respect to our collection, use and disclosure of personal information. Power is committed to maintaining the confidentiality and security of your personal information. In this Policy, the term “personal information” means information about an identifiable individual or that allows an individual to be identified, as more particularly defined or limited by applicable privacy laws.

1.    Personal Information we Collect, Use and Disclose

We collect, use and disclose personal information from individuals only for purposes permitted or required by applicable law, as described in this Policy or as we may indicate to you from time to time. 

We collect personal information directly from individuals (owners of our securities, their named beneficiaries or representatives, job applicants), from third parties (such as background, credit reporting and regulatory check services, consultants, referral agents and other service providers) or through our websites (website visitors). The types of personal information we collect is described in greater detail below.

We collect personal information to communicate with owners of our securities and to register ownership of and transactions dealing with our securities. The information we collect in this context includes the individual’s name, residential address and other contact information, and the number of securities held by the individual. If you provide us with personal information about another individual, you must ensure, and you represent to Power, that you have obtained the consent of the other individual to do so for the relevant purposes prior to providing such personal information to Power.

We collect personal information you provide when communicating with us, including by using our website, third party social media sites, or by subscribing to our e-mail notification service. The personal information we collect in this context includes your name, email address, telephone number and IP address. We will use this personal information to respond to your request or to send you the email notifications to which you have subscribed.

We use and disclose personal information for the following purposes:

  • to provide you with any email notification services you may request;

  • to respond to your questions or other requests;

  • to ensure that our website runs smoothly and to improve the functionality of the website to better serve your requirements;

  • to communicate with you as owner of our securities or to register your ownership or transactions related to such ownership to third parties; or

  • to meet legal, regulatory, industry, audit, security or ethical requirements such as:
     

    • Prevent cyber threats, fraud and other financial crimes such as money laundering, terrorist financing and tax evasion;

    • Respond to information requests, warrants and orders from courts and other organizations;

    • Comply with relevant tax, securities, accounting and other applicable regulatory authorities requirements;

    • Satisfy regulatory audits, assessments or requirements;

    • With respect to information collected via cookies and similar technologies, manage, facilitate and monitor the use and performance of our websites, improve the user experience and ensure the security of our digital services.

We may disclose and transfer personal information in connection with a corporate merger, consolidation, restructuring, reorganization, sale of assets or other corporate change, including, without limitation, during the course of any due diligence process.

2.    Sharing of your Personal Information

We may share your personal information with:

  • third parties providing services on our behalf, including software and IT maintenance services, cloud, web-hosting and data processing services, legal services, human resources management services, recruitment services, portfolio management services, market intermediary services;

  • our group companies, where they act on our behalf or with your consent. Information about our group is available via the following hyperlink: https://www.powercorporation.com/en/companies/organization-chart/; or

  • a domestic or international regulator, government agencies or law enforcement body when compelled by law.

We take reasonable contractual and other measures to require that the organizations with whom we share personal information maintain the confidentiality of personal information in accordance with applicable law and only use such information for the specific purpose for which we supply it to them.

3.    International Transfers of Personal Information

In some circumstances, the sharing of personal information with third parties or other group companies may involve the storage or processing of personal information outside Canada, including, without limitation, in the United States and the United Kingdom. We will take reasonable steps to ensure that any international transfer of personal information is carried out in accordance with applicable privacy laws. The protection of such personal information will be subject to the legal requirements of the jurisdictions where the information is transferred, including lawful requirements to disclose information to government authorities in those countries. If you have any questions about the collection, use, disclosure or storage of personal information, please contact us as indicated below.

4.    Information Collected by Automated Means

We use automatic data collection technologies to track usage patterns on our website and use this information to optimize our website. When you visit our website, our server records your Internet service provider, IP address, the date and time of your visit, the pages you visit and the documents downloaded, the searches you performed, and the referring URL’s you came from. We also use cookies to collect information about your visit to our website.

5.    Use of Cookies

A cookie is a small text file that a website saves on your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie, to develop a record of a user’s online activity. Cookies may be delivered in a first-party context (set by this website) or a third-party context (set by another website).

Our website uses essential cookies and analytics cookies.

Essential cookies: Our website uses cookies that are essential for enabling your movement around the website, ensuring security of the website, remembering your preferences and delivering the website in an optimal format. These essential cookies cannot be disabled. The table below provides more information about these cookies.

Analytics Cookies: Our website uses analytics cookies to collect information about the access and use of the website by visitors. The information is collected by these cookies in aggregate form and provide information as the number of visitors, the manner in which the website is used, the content that is most often accessed, which websites visitors arrive from, and which they visit after leaving the website. Analytics cookies used on the website must be enabled by visitors. The table below provides more information about these cookies.

6.    Consent

We collect, use and disclose your personal information internally or to third parties with your consent, or as may be permitted or required by law. Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you provide personal information to Power, we assume that you consent to the collection, use and disclosure of your personal information as outlined to you at the time of collection or as described in this Policy.

In some circumstances, you may refuse to consent to our collection, use and disclosure of your personal information, or you may withdraw your consent to further collection, use and disclosure of information about you, subject to contractual and legal restrictions and reasonable notice. Also, withdrawing your consent to certain uses of personal information may mean that we may no longer be able to provide you with certain services.

7.    Security

We take reasonable security measures to protect your personal information from misuse, interference and loss, and from unauthorized access, modification or disclosure.

These security measures include:

  • physical security measures (secure access to our premises and secure locations for our equipment);

  • administrative security measures (limit access to your personal information to employee who need it to perform their duties);

  • technological security measures (passwords, data encryption, firewalls).

8.    Retention

We do not keep your personal information for longer than necessary for the purposes for which we collect it unless law or regulation requires or permits us to preserve it for a longer period of time.

When it is no longer necessary to retain your personal information, we will take appropriate steps to anonymize it or delete it from our systems.

Our record retention periods are established taking account the requirements of privacy laws, the purposes for which the information was collected, legal and regulatory requirements to retain the information for minimum periods, limitation periods for taking legal action, and our business purposes.

9.    Your Rights

Personal information is kept at our offices or on our servers or those of our service providers and will be accessible to employees who require it for the purposes of their duties.

Subject to applicable laws, you have the right to request access to your personal information in our custody or control, to inquire about how it was collected, and how it is used. You also have the right to request the modification, update or correction of your personal information. You may also have the right to request that your personal information be deleted in certain circumstances. 

If you wish to exercise your rights, please make your request in writing at 751 Victoria Square, Montréal, Québec, H2Y 2J3, Canada, Attention: Assistant General Counsel and Privacy Officer or via email at [email protected]. These rights are subject to exceptions. We may take steps to verify your identity before honouring these requests.

Questions or complaints about this Policy and our personal information practices may be directed to us in writing at [email protected] or at 751 Victoria Square, Montréal, Québec, H2Y 2J3, Canada, Attention: Assistant General Counsel and Privacy Officer. You can also contact us by telephone at 1-800-890-7440.

10.    Policy Changes

This Policy may be revised from time to time. If we make any significant changes to the Policy, we will post a notice on our website. The “Effective Date” at the bottom of this Policy indicated when it was last updated. Your continued provision of personal information or use of our services following any changes to this Policy constitutes your acceptance of any such changes.

If you live within the European Union please see below for further information about your rights.

11.    European Union Residents Only – Additional Privacy Information

Legal Bases for Using Personal Information

There are a number of different ways in which we are lawfully able to process your personal information. We have described these below.

A.    Legitimate Interests

We are allowed to use your personal information where it is in our legitimate interests to do so and it is not overridden by your interest. We believe that we have a legitimate interest in:

  • processing any job application that you might send us;

  • administering our website for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes; and

  • keeping our systems secure and running smoothly.

B.    Contractual Obligations

We are allowed to use your personal information when it is necessary to do so for the performance of any contract we have with you, such as ownership of our securities, employment relationship or directorship appointment).

C.    Other Legal Obligations

We are allowed to use your personal information when we need to in order to comply with legal or regulatory obligations.

D.    Consent

We are also allowed to use your personal information where you have specifically consented. For example, we will obtain your consent to send you email notifications where you have requested them. You have the right to withdraw your consent at any time.

E.    Your Rights

Applicable privacy laws in the European Union grant you the following rights in relation to your personal information:

  • you can object to us processing your personal information in certain circumstances (for example, where we have done so on the assumption that it is in our legitimate interest to do so);

  • you can ask what information we hold about you and be provided with a copy of such information and you can withdraw consent at any time;

  • you can ask us to send you, or another organisation, certain types of information about you in a format that can be read by computer;

  • you may, in some cases, ask us to correct inaccurate information we hold about you or restrict our use of your personal information (for example, if you tell us that the information is inaccurate, we can only use it for limited purposes while we check its accuracy);

  • you have the right to ask us to assist you in transferring your personal information to a third party in certain circumstances; and

  • you can complain to your local regulatory authority. The privacy regulatory authorities for each EU Member State are listed (along with contact details) on the following website: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

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