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 Securities Inc. and includes an individual who performs a service for or in relation to or in connection with ATB Securities Inc. such as: an apprentice, volunteer, participant or student; or an individual under contract or in an agency relationship with ATB Securities 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 Securities 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 Securities 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 Securities 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 Canadian Investment Regulatory Organization. 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. 
  

Notification Required for Collection
Where Personal Information is to be collected directly from an individual, reasonable steps will be taken to ensure the individual is aware of the purpose of collection. When Personal Information is to be obtained from third parties (such as a financial institution or a credit bureau), such information will be limited to that required for the identified purpose and will be collected by lawful and fair means for purposes directly related to ATB Securities Inc.’s activities. An individual may give his or her consent in writing or verbally. At the time of account opening, clients will be asked to sign a document consenting to the collection, use and disclosure of their Personal Information.

Clients will be given a reasonable opportunity to decline or object to the proposed collection, use or disclosure of their Personal Information. Such withdrawal of consent must be provided to ATB Securities Inc.in writing. In some cases, ATB Securities Inc. may be unable to open or continue to maintain an account on a client's behalf given the regulatory and legal requirements ATB Securities Inc.is subject to. 

Limitations on Use or Disclosure
ATB Securities Inc. will only use or disclose information regarding our clients or Employees for the purpose for which it was collected or where required by law.

Employees, agents or contractors of the firm are only authorized to access or use Personal Information in the legitimate performance of their duties.

The misuse of Personal Information is a serious offence and ATB Securities Inc. considers any failure by staff to comply with this policy to be serious misconduct and may give rise to disciplinary action up to and including dismissal. Agents and contractors shall be contractually bound to comply in the same manner as ATB Securities Inc.’s Employees.

Disclosure of Personal Information
As noted previously, ATB Securities Inc. is regulated by a number of organizations. From time to time these bodies may demand that we produce, or make available for inspection, documents and information that clients have provided us for the following regulatory purposes

• 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 Securities 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 Securities Inc. will take reasonable steps to protect the Personal Information it holds from misuse or loss and from unauthorized access, modification or disclosure.

ATB Securities Inc. will document security, storage and disposal requirements for all Personal Information for which it is responsible. In documenting these requirements ATB Securities 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 Securities 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 Securities 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, Correction, and Other Rights Relating to Your Information

Accessing Personal Information
Individuals are entitled to inquire whether ATB Securities 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.

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.

Withdrawal of Consent
If you have provided your consent to the collection, use, or disclosure of your Personal Information, you have the right to fully or partly withdraw your consent. To withdraw your consent please follow the opt-out links on any marketing message sent to you or contact us as set out below. Once we have received notification that you have withdrawn your consent, we will no longer collect, use, or disclose your information for the purpose(s) to which you originally consented unless there is another legal ground for the collection, use, or disclosure. Withdrawal of consent to receive marketing communications will not affect the processing of Personal Information for the provision of our services.

Cessation of Dissemination
You have the right to request that we cease disseminating your Personal Information if the dissemination is contrary to the law or a court order.

You also have the right to request that we cease disseminating your Personal Information where the following conditions are met:

• the dissemination of the information causes you serious injury in relation to your right to have your reputation or privacy respected;
• the injury is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and,
• the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the injury.
  

De-indexation and Re-indexation
You have the right to request that we de-index any hyperlink attached to your name that provides access to information by a technological means if the dissemination is contrary to the law or a court order.

You also have the right to request that we de-index a link providing access to your personal information where the following conditions are met:

• the dissemination of the information causes you serious injury in relation to your right to have your reputation or privacy respected;
• the injury is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
• the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the injury.

You also have the right to request that we re-index a link providing access to information where the following conditions are met:

• a failure to do so causes you serious injury in relation to your right to have your reputation or privacy respected;
• the injury caused by a failure to re-index is greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
• the re-indexation requested does not exceed what is necessary for preventing the perpetuation of the injury.

Mobility
You have the right to request that computerized Personal Information collected from you be communicated to you in a commonly used technological format as well as to any person or body authorized by law to collect such information. This right does not extend to information that was created or inferred from your Personal Information and we are under no obligation to communicate such information if doing so raises serious practical difficulties.

How to Inquire About or Exercise Your Rights
To obtain a copy of their information, clients must submit a written request to the Privacy Officer for our firm. The Privacy Officer can respond to any inquiries you may have concerning this Privacy Policy or more generally about our collection, use, or disclosure of your Personal information. Requests may be sent by mail to:

ATB Securities Inc.
Attention: Privacy Officer
3699 63 Ave NE
Calgary, AB T3J 0G7

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

Our Privacy Officer is also responsible for:

• helping develop our Personal Information protection strategy;
• developing and maintaining this Privacy Policy, accompanying guidelines and any other policy or procedure related to Personal Information and ensuring that they comply with applicable law; and
• serving as the official liaison with the federal and provincial Privacy Commissioners.

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

If a request is straightforward, ATB Securities 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 Securities Inc. will not charge individuals a fee for access to Personal Information concerning them, unless requests are considered unnecessarily frequent or extensive. 

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

Right to Initiate a Complaint
An individual who believes his or her privacy may have been interfered with or compromised by ATB Securities 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 Securities Inc.'s handling of his or her privacy complaint may ask the relevant Privacy Commissioner to review any decision, act or failure of ATB Securities Inc. in compliance with that Privacy Commissioner’s procedures. 

Updated: April 8, 2024