Privacy Policy

• Business contact information means an individual's name, position name or title, business telephone number, business address, business e-mail, business fax number and other similar business information.
  
• Employee means an individual employed by ATB Capital Markets Inc. and includes an individual who performs a service for or in relation to or in connection with ATB Capital Markets Inc. such as: an apprentice, volunteer, participant or student; or an individual under contract or in an agency relationship with ATB Capital Markets Inc.
• Personal Information means information about an identifiable individual but does not include business contact information.
• Privacy Laws means applicable privacy legislation, which may include the Personal Information and Protection of Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL), and/or provincial privacy laws.
• Privacy Commissioner means the Privacy Commissioner, Ombudsperson, or other similar individual appointed under applicable Privacy Laws.
  

Objective
The purpose of this Policy is to document ATB Capital Markets Inc.'s commitment to the protection of Personal Information in accordance with Privacy Laws, and to outline safeguards and procedures we have implemented in this regard.

This Policy sets out the principles ATB Capital Markets Inc. has adopted to deal with the collection, use and disclosure of Personal Information as well as access to information and quality issues. 

Part 2: Collection & Protection of Personal Information
ATB Capital Markets Inc. will only collect Personal Information that is necessary for one or more of its business activities or in order for the organization to comply with regulatory or legal requirements. The two primary reasons we collect Personal Information are as follows:

• As a brokerage firm, we are regulated by a number of provincial Securities Commissions and self-regulatory organizations such as the Investment Industry Regulatory Organization of Canada. These organizations require that we obtain certain Personal Information from our clients before we are able to open and maintain a trading account on their behalf, also known as “Know Your Client” or “KYC” requirements. They also require that we obtain Personal Information from those Employees seeking registration.
  
  
• As an employer, we are required to obtain certain information regarding our Employees in accordance with Canada Revenue Agency reporting requirements. 

• Surveillance of trading-related activity,
• Sales and financial compliance, trade desk review and other regulatory audits,
• Investigation of potential regulatory and statutory violations,
• Regulatory databases,
• Enforcement or disciplinary proceedings,
• Obtaining registration of Employees
• Reporting to securities regulators, and;
• Information sharing with securities regulatory authorities, regulated marketplaces, other self-regulatory organizations and law enforcement agencies in any jurisdiction in connection with any of the foregoing.
  

• A reasonable person would consider that the use or disclosure of the information
  is clearly in the interests of the individual and consent of the individual cannot be
  obtained in a timely way or the individual would not reasonably be expected to
  withhold consent;
  
• The use or disclosure of the information is required by law;
• The use or disclosure of the information is for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body having jurisdiction to compel the production of information or with a rule of court that relates to the production of information;
• The information is publicly available;
• The use or disclosure of the information is necessary to respond to an emergency that threatens the life, health or security of an individual or the public;
• The use or disclosure of the information is necessary in order to collect a debt owed to the organization or for the organization to repay to the individual money owed by the organization; or;
• The disclosure of the information is for the purposes of protecting against or for
  the prevention, detection or suppression of fraud and the organization disclosing
  the information is permitted or otherwise empowered by law to carry out those
  purposes.
  

Care of Personal Information – Accuracy of Information
ATB Capital Markets Inc. will use its best efforts to ensure that Personal Information is relevant, accurate, complete and up-to-date for the purpose for which it is to be used. Where Personal Information is collected directly from an individual, it will be presumed to be accurate and complete at the time of collection, unless there is other information which suggests it is not. Personal Information will be updated as required by the regulatory authorities.
 
Protection of Information
ATB Capital Markets Inc. will take reasonable steps to protect the Personal Information it holds from misuse or loss and from unauthorized access, modification or disclosure.

ATB Capital Markets Inc. will document security, storage and disposal requirements for all Personal Information for which it is responsible. In documenting these requirements ATB Capital Markets Inc. will take into consideration the sensitivity of the information, its form and volume, its frequency of use and retention period, the circumstances of its use and storage, and any legal or regulatory requirements. When Personal Information is no longer required to be kept, such information will be destroyed or made anonymous in a controlled and secure manner in order to prevent any unauthorized persons having access to that information. Personal Information which is the subject of a complaint, inquiry or legal process will not be destroyed until the resolution of that process. 

ATB Capital Markets Inc. maintains third party agreements with those companies whose employees have access to our premises and/or Personal Information we collect as a result of our relationship with them (i.e. cleaners, offsite storage, IT, etc.). In these instances, the companies have provided a written undertaking to keep this information confidential and to comply with the provisions of Privacy Laws. 

Retention and Disposal of Information
As noted previously, ATB Capital Markets Inc. will document retention and disposal requirements for all Personal Information for which it is responsible, taking into consideration the sensitivity of the information, its form, the circumstances of its use and any legal or regulatory requirements. 


Part 3: Access to Information
1. Access to and Correction of Information 

Accessing Personal Information
Individuals are entitled to inquire whether ATB Capital Markets Inc. holds Personal Information concerning them and, if so, to be advised of its use and disclosure. Individuals are also entitled to obtain a copy of the information we have on file.

How to Request a Copy of Personal Information
To obtain a copy of their information, clients must submit a written request to the Privacy Officer for our firm. The Chief Compliance Officer will serve as the firm’s Privacy Officer. Requests may be sent by mail to:

ATB Capital Markets Inc.
Attention: Privacy Officer
Suite 410, 585 8 Avenue SW
Calgary, AB T2P 1G1

Requests can also be sent by email to: atbcm_privacyofficer@atb.com

Time Limit for Responding
ATB Capital Markets Inc. will respond to a written request for access acknowledging the request within 14 business days.

If a request is straightforward, ATB Capital Markets Inc. will provide a copy of the information on file within 14 business days or, if the request is more complicated, within 30 business days. There may be circumstances under which we may not be able to provide clients with certain information. For example the information may have been destroyed or, in our opinion, it is too costly or we are unable to retrieve the information. 

Fees
ATB Capital Markets Inc. will not charge individuals a fee for access to Personal Information concerning them, unless requests are considered unnecessarily frequent or extensive. 

Correction of Information on File
Any individual may challenge the completeness or accuracy of Personal Information concerning them and request that the information be corrected. To amend any information we have on file, clients must submit a written request detailing the changes to be made. Our Privacy Officer will acknowledge the request and provide written confirmation that the changes or amendments have been made.


Part 4: Reviews and Complaints
Filing a Complaint with ATB Capital Markets Inc.

Right to Initiate a Complaint
An individual who believes his or her privacy may have been interfered with or compromised by ATB Capital Markets Inc. may initiate a complaint requesting a review of the matter. 

How to Initiate a Complaint
Individuals will be required to submit a written complaint to our Privacy Officer who will consider the complaint and attempt to resolve it. Our Privacy Officer will reply to the individual within 45 working days. If the complaint is not resolved in a manner acceptable to the individual, the firm will advise of:

• the general reasons for that outcome, where appropriate; and
• information on the further action that the individual can take under under relevant Privacy Law, including his or her right to take the complaint to a Privacy Commissioner should he or she remain dissatisfied with our handling and/or outcome of the complaint.

Appeal to the Privacy Commissioner 
Right to a Review or to Initiate a Complaint
As noted above, an individual who is not satisfied with ATB Capital Markets Inc.'s handling of his or her privacy complaint may ask the relevant Privacy Commissioner to review any decision, act or failure of ATB Capital Markets Inc. in compliance with that Privacy Commissioner’s procedures. 



Updated: July 5, 2023