Privacy For EU Residents
Personal Data And GDPR
Personal Data refers to any data relating to you such that you can be identified directly from that data or indirectly in conjunction with other information. You are required to provide your Personal Data for statutory and contractual purposes. Failure to provide the required Personal Data will result in AGF being unable to permit, process, or maintain your investment in the Funds.
Regulation (EU) 2016/679, known as the General Data Protection Regulation (“GDPR”) provides certain protections and rights to you in respect of your Personal Data.
You have a right to object to the processing of your Personal Data where such processing is carried out for legitimate business and account related interests.
Where specific processing is based on your consent, you have the right to withdraw it at any time. Such withdrawal however, may impact the ongoing ability to service and maintain your account with AGF. You also have the following rights, subject to any statutory or legal obligations that may impact full execution of them:
- to request access to your Personal Data kept by AGF,
- to rectification or erasure of your Personal Data;
- to restrict or object to processing of your Personal Data (which may impact the ability to maintain or service your account), and
- to data portability.
You have a right to lodge a complaint with the Data Protection Authority if you are unhappy with how AGF is handling your Personal Data. Any questions about the operation of AGF’s data protection policy for EU resident, should be referred in the first instance to the AGF Privacy Officer at:
Phone: +1-800-265-8583 or +1-416-367-1900
Mail: Toronto Dominion Bank Tower, 66 Wellington Street, 31st floor, M5K 1E9, Canada
AGF may hold some or all of the following types of Personal Data in relation to you and any beneficial owners as provided by you in completing account opening forms or by your financial advisor;
- contact details (telephone, email address),
- date/place of birth,
- tax number,
- bank details,
- photographic ID and proofs of address;
- Other information obtained over the course of your relationship with us.
AGF is obliged by law to conduct certain ongoing monitoring and reporting using your Personal Data, including retaining it for specified retention periods for specific regulatory purposes (e.g. Tax Laws, Anti-Money rules, etc) In the course of business, AGF will collect, record, store, adapt, transfer and otherwise process Personal Data to service you and your account.
AGF and/or any of its service providers may process your Personal Data for any one or more of the following:
- to operate the Funds, including managing and administering your investment in the relevant Fund on an on-going basis, which enables AGF to satisfy contractual duties and obligations;
- to comply with any applicable legal, tax or regulatory obligations (for example, fraud prevention practices, anti-money laundering obligations, tax reporting obligations, etc.);
- for any other legitimate business interests’ to whom Personal Data is disclosed, where such interests are not overridden by you interests, including for performing financial and regulatory reporting, statistical analysis for ensuring service standards are met; or
- for any other specific purposes where you have given specific consent to use, including for purposes where you will have the right to withdraw such consent at any time.
AGF or its service providers may disclose or transfer Personal Data, to other duly appointed agents and service providers, including any of their respective related, associated or affiliated companies, and to third parties including advisers, regulatory bodies, taxation authorities, auditors, technology providers, statement preparers, etc for the purposes of servicing the account.
AGF will not keep Personal Data for longer than is required either by law or for the purpose(s) for which it was collected. AGF will take all reasonable steps to destroy or erase the data from its systems when no longer required to be retained.
AGF and/or any of its service providers will not transfer your Personal Data to a country unless that country ensures an adequate level of data protection or appropriate safeguards are in place. The European Commission has prepared a list of countries that are deemed to provide an adequate level of data protection. If a third country does not provide an adequate level of data protection, then AGF and/or any of its service providers will ensure it puts in place appropriate safeguards.
Where processing is carried out on behalf of AGF, AGF shall engage a data processor, within the meaning of GDPR, which implements appropriate technical and organisational security measures and ensures the protection of your rights. AGF will enter into a written contract with each data processor, setting out the data processor’s specific mandatory obligations (in compliance with GDPR), including to process your Personal Data only in accordance with the documented instructions from AGF.
As part of AGF’s business and ongoing monitoring, AGF may from time to time carry out automated decision-making in relation to investors, including, for example, profiling of investors in the context of anti-money laundering reviews or for tax authorities. Such activities may result in your being identified to the appropriate authorities and to other entities where required by law.