Skip to content

Confidentiality Policy

1. SCOPE AND APPLICATION 

EcoFunds Asset Management ("ECOFUNDS") is committed to ensuring the protection of  people's privacy and the confidentiality of the personal information it collects, holds, uses or  discloses. The purpose of this Privacy and Privacy Policy (the "Policy") is to describe in  general terms the practices and measures relating to the collection, holding, use, disclosure  or otherwise processing or disposal of personal information. It specifies how ECOFUNDS preserves the confidentiality of personal information held and the means available to any  individual who wishes to exercise his or her rights and choices with respect to his or her  personal information.  

The Policy is part of the Act respecting the protection of personal information in the private  sector (chapter P-39.1) and is supplemented by ECOFUNDS' "Information Management and  Security Policy". The Policy applies to the various activities of ECOFUNDS. As such, it applies  to any person who is or has been: a user of its website, a job applicant, an employee, a  director or a committee member. In addition, it applies to personal information collected  during its activities on contacts or third parties or shared by a partner entity whose  products, services or activities are related to or complementary to those of ECOFUNDS.  

In some cases, at the time of collection of personal information, ECOFUNDS may provide  further information on its processing or provide for specific procedures. ECOFUNDS may  also, in certain circumstances, obtain specific consent, verbal or written, to the use or  disclosure of personal information, including when required by law.  

2. CONCEPT OF "PERSONAL INFORMATION" 

The term "personal information" generally refers to information about an individual that  directly or indirectly identifies that individual. Information that is de-identified and cannot  be associated with an identifiable individual, directly or indirectly, is not personal  information. In accordance with the law, for the purposes of certain portions of the Policy,  information that relates to the performance of a function within a company, such as certain  business contact information, is also excluded.

3. CATEGORIES OF PERSONAL INFORMATION COLLECTED 

ECOFUNDS limits collection to that personal information that is reasonably necessary to  fulfill the purposes for which it was collected. ECOFUNDS may collect, hold, use or disclose  various information depending on the nature of an individual's relationship with ECOFUNDS,  for example, a shareholder, a user of the website or an employee, including, but not limited  to: 

  • Identification and authentication information, such as name, mailing address, social  insurance number, date of birth, sex designation, telephone number, email address,  employer, occupation, employee number, marital status, signatures (handwritten,  electronic or digital), passwords and other authentication methods, and government  identifiers such as driver's licence number. 
  • Web and other activity information, such as browser type, Internet service provider,  referring/exit pages, and pages viewed on the website.

4. COLLECTION OF PERSONAL INFORMATION 

ECOFUNDS collects personal information in various ways, including directly from the person concerned, from third parties and through its website or otherwise, particularly when  permitted by law. ECOFUNDS can also generate new information using the information  already collected. ECOFUNDS may, without limitation, collect personal information from the  following general sources:  

  • Directly from the person  
    ECOFUNDS may collect personal information directly from the person concerned or his  or her legal representative, in particular in the context of an employment, function or  office at ECOFUNDS.  
  • From third parties 
    In certain circumstances, ECOFUNDS may collect personal information from third parties, such as a former employer, a financial institution, a credit reporting agency, a credit  reporting agency, a partner entity whose products, services or activities are related to or complementary to those of ECOFUNDS, a service provider, a public body, a legal  representative, etc. Each third party is responsible for ensuring and warrants that it is authorized to provide such information to ECOFUNDS and has obtained the free and  informed consent of the individual concerned for the collection, use and disclosure of his  or her personal information when required by law. 
  • Via a website managed by ECOFUNDS 

The use of the Website allows ECOFUNDS to automatically compile certain information  regarding a user profile, which may include a computer's Internet Protocol (or IP)  address, a geolocation area, the operating system used, the name of the Internet  service provider, the date and time a person accessed the Website, the previous  website that was visited to the extent that it provided a link to the website managed by  ECOFUNDS, as well as the content viewed and downloaded from the website managed  by ECOFUNDS. To do this, the website managed by ECOFUNDS, like most websites, uses  tracking cookies, which are small data files that are stored on a computer when the visit  is made. Use of the Website is also subject to the Legal Notice - Terms of Use and other  terms posted online from time to time.  

5. USE OF PERSONAL INFORMATION 

With the consent of the individual concerned or as permitted or required by law,  ECOFUNDS may use personal information for the following purposes or for any other  compatible or reasonable purpose or for any other purpose set out in a consent.  

ECOFUNDS may use personal information for general business purposes, such as:  

Providing or offering products and services or processing requests

  • Establish and maintain a business relationship;
  • Respond to any questions, comments, suggestions or complaints;
  • Provide information on products and services that may be of interest; • Transfer money to or from a financial institution.

Manage business activities 

  • Prevent errors and fraud and meet the requirements of the law;
  • Ensure the security of information, systems or networks;
  • Investigate or facilitate investigations;
  • Inform and collaborate with the appropriate authorities when required; • Recover amounts owed;
  • Respond to audits, assessments, requests or legal requirements. 

Manage the website 

The Website may use information to manage and facilitate its use, which may include  tracking cookies and other technologies to tailor the Website to preferences and to compile  statistics about viewing and using the Website to improve the Website, such as analytics  tools such as Google Analytics and similar technologies. The statistics can include the  number of visits, the average time of each visit or the pages visited. 

Manage the file of an employee, committee member or director or certain consultants 

  • Verify identity, background and in some cases, educational credentials; • Respond to requests and communicate with the candidate, occupying the position,  or having held the position;
  • Evaluate a nomination request;
  • Entering into an employment contract or any other contract;
  • Process payrolls, deductions and applicable contributions and make payment of any  amounts owing;
  • Complete enrolment in a group insurance or pension plan;
  • Manage performance or professional development;
  • Ensure health and safety compliance, provide monitoring, prevent violence, handle complaints, or manage administrative, disciplinary, or legal actions. 

Management mandates 

  • Background checks;
  • Conduct due diligence;
  • Appoint or recommend the appointment of a director, officer or committee member. 

6. DISCLOSURE TO OTHER PERSONS OR ORGANIZATIONS 

ECOFUNDS may disclose personal information to its agents, service providers, subsidiaries  or other affiliated entities, ECOFUNDS managers, partner entities whose products, services or
activities are related or complementary to those of ECOFUNDS, and to other persons or organizations in accordance with the law. Service providers that may receive personal  information include, but are not limited to, consulting firms, human resources management  firms, training firms, statement or tax preparation firms, mailing and courier companies,  scanning firms, document storage companies, cloud data hosting providers, etc. IT  software, maintenance and consulting providers.  

When ECOFUNDS communicates personal information to third parties such as agents or  service providers, it provides by contract, in accordance with the law, that the personal  information communicated must be used only for the purpose of performing the contract  and that it must benefit from reasonable protection measures, taking into account, for  example, its sensitivity, Use or quantity. These third parties may be required to demonstrate  reasonable assurance that information security and data protection controls are sufficient  to do so.  

In addition, ECOFUNDS may disclose personal information when permitted or required by  law, such as:  

  • With governments, government agencies or agencies, law enforcement agencies  when required by law, such as in the case of disclosure for tax purposes to the  Canada Revenue Agency or Revenu Québec.
  • With individuals or organizations, fraud prevention agencies, regulatory or  government bodies or agencies, money laundering and terrorist financing  prevention and deterrence organizations such as, for example, the Financial  Transactions and Reports Analysis Centre of Canada (FINTRAC), database or registry  operators used to verify the information provided against existing information, or  insurers, financial or lending institutions to validate eligibility, identify or eliminate  financial abuse, fraud and criminal activity, protect the assets and interests of  ECOFUNDS, assist in internal and external investigations of potentially illegal or suspicious activities, or manage, defend or settle actual or potential losses related to  the foregoing. For these purposes, personal information may be aggregated with  data belonging to other individuals and may be subject to data analysis. 

In any case, ECOFUNDS does not sell the personal information entrusted to it in the course of  its activities. 

7. CHOICES REGARDING THE USE OF PERSONAL INFORMATION 

An individual may, in some cases, choose how ECOFUNDS handles his or her personal  information.  

a. Recommandations or consultations 

In certain circumstances, ECOFUNDS may collect, use and disclose personal information  from a data subject, in a context that is not strictly necessary for a request made to  ECOFUNDS. To the extent that personal information collected for these purposes is not  strictly necessary to complete a request, ECOFUNDS will seek separate and optional  consent on these elements, except in cases where implied consent applies, for example,  when an individual shares comments on an ECOFUNDS digital platform.  

An individual may always choose to withdraw consent to the collection, use and disclosure  of personal information for these purposes by following the terms and conditions that will  be shared with them from time to time for that purpose.  

b. Changing navigation settings on a device 

Tracking cookies can be erased from a computer's or mobile device's hard drive, blocked  from being set by tracking cookies, or a warning before a tracking cookie is stored, and an  individual can remove or disable some of these technologies at any time through their  browser. If someone wants to opt out of Google Analytics, they can use the Google opt-out  add-on located on https://tools.google.com/dlpage/gaoptout. However, in the event of  withdrawal or deactivation, it is possible that some of the functionalities of the Website and  the Digital Platforms will no longer be functional or accessible. 

Anyone is encouraged to refer to their browser instructions or help screen to learn how to  block, delete and manage tracking cookies on their computer or mobile device. 

c. Limiting Collection, Use and Disclosure of Personal Information 

For situations other than those described above, any individual may withdraw his or her  consent to the collection, use and disclosure of personal information in accordance with  the Policy, at any time upon reasonable written notice to ECOFUNDS, subject to legal or  contractual restrictions.  
However, the withdrawal of consent may impact ECOFUNDS' ability to offer or provide  products and services to an individual or to respond to a request. In certain circumstances, legal or contractual requirements may prevent an individual from withdrawing consent, for  example, to the extent that the information is required to meet tax or compliance  obligations.  

8. SAFEGUARDS FOR PERSONAL INFORMATION 

ECOFUNDS' Information Management and Security Policy, and various other directives, procedures and instructions govern the protection of personal information at ECOFUNDS.  
Without limiting the scope of the foregoing, ECOFUNDS, in collaboration with its main service providers, takes reasonable measures to ensure the confidentiality of personal information  and, as such, implements a series of security measures to protect personal information  against loss or theft as well as against any unauthorized consultation, communication,  reproduction, use and modification. These security measures include physical measures  (e.g., office access cards for employees, data backup and archiving through an external  system, etc.), administrative or organizational measures (such as training on data privacy  and security for employees), and technological measures (such as the use of passwords,  use of network monitoring, etc.) that are reasonable in light of the sensitivity of the  information, its use, amount, distribution and medium.  

ECOFUNDS also takes the necessary measures to ensure that all its employees are informed about the content of this Policy and privacy practices and deploys initiatives in terms of  computer identity and access management to determine which employees or other  authorized persons can access information assets and for what period.  

However, since no mechanism offers flawless security, there is always an element of risk. 

Depending on the volume and sensitivity of the information, the purposes for which it is  used and the medium in which it is stored, ECOFUNDS implements a combination of  measures to protect personal information, including:

  • Designation of a person responsible for the protection of personal information who  assumes the roles and responsibilities set out in the Act respecting the protection of  personal information in the private sector and who ensures that ECOFUNDS complies  with applicable laws relating to the protection of personal information;
  • Procedures for receiving, investigating, and responding to complaints or inquiries  relating to ECOFUNDS' information-handling practices, including those relating to any  incidents involving personal information;
  • Contractual measures, security questionnaires and other tools to ensure that the  suppliers with whom ECOFUNDS shares personal information have adequate security  safeguards. 

9. RETENTION OF PERSONAL INFORMATION 

ECOFUNDS retains personal information to provide products or services or respond to  requests submitted to it, to manage its commercial activities, including, in particular, for the  performance of a contract or for any other legitimate interest of ECOFUNDS or to comply  with its legal obligations. When the purposes for which personal information was collected  or used have been fulfilled, and subject to retention periods provided for in other legislation,  the Act respecting the protection of personal information in the private sector provides that  this information must be destroyed or anonymized so that it can no longer identify an  individual, in a secure and irreversible manner.  

10. TRANSFERS OF PERSONAL INFORMATION OUTSIDE QUÉBEC 

Generally, personal information is held (data at rest) in Canada, whether in Quebec or in  another province. Notwithstanding the above, they may also be held in any country where  ECOFUNDS service providers operate and to the extent necessary for their functions or  services.  

As a result, some ECOFUNDS suppliers may have access to, use or store personal  information outside of Québec. In such a situation, the safeguards described in section 8  apply, but the fact remains that the personal information so disclosed may be subject to  the laws of a foreign state, including any law permitting or requiring the disclosure of the  information to the government, government agencies, courts and law enforcement  agencies of that state.

11. REQUEST FOR ACCESS, RECTIFICATION, MODIFICATION OR DELETION OR COMPLAINT  REGARDING PERSONAL INFORMATION 

Subject to certain legal exceptions, individuals may have access to their personal  information, request correction of inaccurate information, and request rectification or  deletion of their personal information if the collection, use, disclosure or retention of such  information is not authorized by law. Any individual may also make a complaint about the  protection of personal information.  

To exercise any other right provided for in this article, any person is invited to contact  ECOFUNDS using the contact details contained in article 13.  

A reasonable fee may be charged to the individual for the transcription, reproduction or transmission of information. If ECOFUNDS intends to charge such a fee, it will inform the  person concerned of the approximate amount due before proceeding.  

12. CHANGES TO THE POLICY 

At its sole discretion, ECOFUNDS may make changes to the Policy. In accordance with the  law, additional terms and conditions may apply. By continuing to deal with ECOFUNDS after  the new version of the Policy has been posted, any person will be deemed to have  accepted the changes to the Policy, subject to any other requirements that may apply. It is  the responsibility of each individual to ensure that they have read and understood the  Policy and any changes to it.  

13. CONTACT INFORMATION 

General questions relating to confidentiality and protection of personal information may be submitted as set out below:

  • By email at p.cabana@fga.ca
  • By mail to the attention of Patrick Cabana: 2175 boul. De Maisonneuve East., Suite 103,  Montreal, Quebec H2K 4S3, Canada 

All requests for access, rectification, modification, deletion or complaint must be submitted  in writing to the Privacy Officer as follows:

The Privacy Officer responds diligently to any request made to it, generally within 30 days of receipt of the written request. If the person in charge is unable to comply with a request  made in whole or in part, he or she will give the applicant the reason for doing so. 

14. RESPONSIBLE AND REVIEW 

In accordance with the provisions of the Act respecting the protection of personal  information in the private sector (as amended by the Act to modernize legislative  provisions as regards the protection of personal information), the Policy has also been  approved by the Privacy Officer at ECOFUNDS. The application and revision of the Policy is  the responsibility of the Inspector. The minimum frequency of review is every three (3) years  or more frequently if necessary.