Privacy

The Breton Hill Capital (BHC) Privacy Policy for Canadian clients governs the collection, use and disclosure of personal client information, otherwise known as Non-Public Personal Information. Non-Public Personal Information is private and confidential. BHC recognizes that clients have a right to have their information protected.

BHC’s Privacy Policy outlines how BHC complies with Canadian provincial and federal regulations governing client information including the Privacy Act and the Personal Information Protection and Electronics Document Act (PIPEDA).

PIPEDA is the privacy legislation of the Canadian federal government as of January 2004. Under PIPEDA no business may collect, use or disclose personal client information without clearly defining the purpose of such collection, use or disclosure and obtaining informed consent. The collection, use or disclosure is limited to purposes that a reasonable person would consider appropriate in the circumstances. The legislation further regulates the protection, retention and destruction of client information. PIPEDA offers clients the right to access their information upon request and challenge the information that is being retained.

Policies

The key privacy principles of PIPEDA form the basis of BHC’s comprehensive Privacy Policy.

Client information or Non-Public Personal Information is any information that identifies an individual including such items as: an individual’s name, address, age, financial information, social insurance number, personal email address and telephone numbers. Non-Public Personal Information may be in paper or electronic form.

BHC will collect and retain Non-Public Personal Information for a number of purposes including to: determine a client’s identity, determine eligibility for a product, protect all parties against fraud and potential money laundering, comply with legal requirements (for instance, a court order) and communicate with a prospective or existing client.

BHC will use Non-Public Personal Information only for the purposes identified at or before the time of collection. BHC does not sell or rent client information, under any circumstances.

Procedures

Consent

All information concerning client transactions and their accounts are confidential and must not be disclosed to anyone other than the client or her/his dealer unless the intended purpose is disclosed.

Should Non-Public Personal Information be required for a new purpose, BHC will take the necessary steps in order to seek additional consent.

Consent may be expressed in writing, orally or implied directly by the client or their registered dealers. In most cases consent is obtained via the subscription agreement process for client investments in the funds. All Non-Public Personal Information collected by BHC will be kept confidential and shall not be disclosed to any third party, except for the specific reasons below or if the client has provided express consent.

From time to time, requests for client information may be received from: government agencies; law enforcement agencies; securities commissions; other self-regulatory organizations (SRO’s); or under a court order. Express consent will not be required if needed for: audit, statistical or record-keeping purposes; a legal reason or request by securities regulatory authority or SRO; to collect a debt owed by the client; to a legal professional for the purposes of obtaining legal advice; and pursuant to a court order. Should BHC be asked to produce confidential information by any such entity, the Privacy Officer will comply. In some cases, the Privacy Officer may provide information on its own initiative if there are reasonable grounds to believe crime or a violation of securities regulation is involved.

Consent to use Non-Public Personal Information may be withdrawn by a client at any time.

Collection

Non-Public Personal Information will only be collected as needed for intended purposes.

BHC does not collect information from site visitors unless personal information is provided or contact is requested.

Use, Disclosure and Retention

Non-Public Personal Information will only be used for the purposes for which it was collected. BHC may share client information with authorities for regulatory or tax reporting purposes. Information may also be shared with SROs and legal bodies for reasons previously discussed.

Non-Public Personal Information may also be shared with external service providers to BHC and its products. Service providers include, but are not limited to: auditors, valuation agents, back office support, registrar and transfer agents and legal counsel. These service provider relationships are governed by agreements that confirm the proper handling and protection of client information.

Non-Public Personal Information will only be retained for as long as needed in order to satisfy the stated purposes at the time of collection. When the information is no longer required necessary measures will be taken to destroy, dispose of, or delete the information.

Accuracy

It is important for BHC to keep Non-Public Personal Information accurate in order to provide quality service and minimize the potential for misuse.

BHC strives to keep client information correct, complete and up-to-date. Clients may be contacted periodically to ensure information is accurate on file. Clients are requested to advise BHC of any changes to Non-Public Personal Information, as BHC is not liable for errors that cannot be corrected without client input. Should an inaccuracy be found, BHC will act efficiently to correct it at no cost to the client.

Safeguards

BHC has implemented various processes to safeguard personal information and restrict access to private information to personnel who need to know the information in order to service clients. Security measures include passwords on networks and systems and restricted access to the offices, and records within the offices.

Employees should be mindful to ensure that Non-Public Personal Information is protected. Generally speaking, Employees are not to disclose to other Employees who do not have a legitimate need for the client information. In particular, all information and materials that Employees access must be kept confidential, even after employment has ended. Annually, each of BHC’s Employees is required to attest to compliance with BHC’s Compliance Manual, which includes this Privacy Policy.

Directness

BHC makes every effort to explain policies and procedures to clients and explain how client information is managed. BHC’s Privacy Policy will be provided upon request by e-mail or phone. If clients have additional questions the Privacy Officer will do his best to explain BHC’s policies and procedures.

Access

Clients have a right to their information. Clients have the right to verify the accuracy and completeness of their Non-Public Personal Information, and may request that it be amended. Upon request (in writing) with appropriate supporting documentation confirming identity, clients will be given their client files.

Under certain circumstances BHC may not be able to provide clients with access to specific pieces of information. For example, clients will not be granted access to information containing references to other persons or that has proprietary information confidential to the firm. Also, access will not be provided to information that has been destroyed or is too costly to retrieve.

The Privacy Officer will respond to requests for access in writing within 30 days of receipt.

Responsibilities & Contact Information

It is important to safeguard Non-Public Personal Information. Therefore, BHC’s Chief Compliance Officer (CCO) has been designated BHC’s Privacy Officer. The Privacy Officer will confirm compliance with privacy legislation and inform personnel of the need to use the utmost discretion when dealing with client information. The Privacy Officer will monitor and assess the environment of compliance in terms of protection of private client information.

For more information on BHC’s Privacy Policy (Canadian Clients), please contact Breton Hill Capital at:

Breton Hill Capital Ltd.
2 Bloor St. East, Suite 2830
P.O. Box 152
Toronto, ON, M5W 1A8, Canada
Tel: 647-347-9371
Email: information@bretonhillcapital.com

Clients who remain dissatisfied with the results can bring the complaint to the attention of the federal Privacy Commissioner who is the ombudsperson for complaints under PIPEDA at:

Officer of the Privacy Commissioner
112 Kent Street, Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario K1A 1H3
Canada

The request must be made in writing and include full contact details and as much detail as possible about the complaint.

BHC’s Privacy Policy is intended to provide clients with comfort that their Non-Public Personal Information is handled with the utmost importance and care. BHC is continually balancing clients’ right to privacy with the needs of the business and therefore, welcome any feedback on how BHC’s privacy policies and procedures can be improved.

The Personal Information Protection and Electronic Document Act can be found on the Department of Justice website at: http://laws.justice.gc.ca/en/P-8.6/91355.html