Legal

Privacy

Your Privacy

We value the trust that you have placed in our organization and are committed to maintaining the accuracy, confidentiality, and security of personal information. This Privacy Notice outlines our privacy principles and practices.

In this Privacy Notice, “PXW”, “we”,or “us” refers to Portfolio Xpressway Ltd. All services mentioned are services provided by PXW.

“You” refers to anyone who visits our website(s), our clients, and anyone who engages with our services, whether directly or through a third party such as your wealth advisor (our “Subscriber”). It’s our duty to inform you about what we’re doing with your personal information and why, and ensure you are properly informed so you can give us meaningful consent.

 “Personal information” means information that: (i) can identify an individual directly; or (ii) is information about an identifiable individual. This does not include information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession.

Our Privacy Principles

We will not collect, use, store, or disclose your personal information without your informed consent, unless required or permitted to do so by law. Read through this Privacy Notice (“Privacy Notice”) so you understand how we collect, use, store, and share your data.

Agreeing to the Terms of Our Privacy Notice

By providing personal information to PXW, using our website(s) including www.portfolioxpressway.com (collectively, the “Website”), or engaging with our social media, you are consenting to our use, collection, and disclosure of your personal information in accordance with the terms of this Privacy Notice. In addition, authorizing a third-party Subscriber to disclose personal information to us signifies your consent to PXW’s collection, use, and disclosure of personal information in accordance with the consent you provided to that third party.

You have the right to withdraw your consent from us collecting and using your personal information, but this may limit our ability to provide you with our services or products, if applicable. See below for details around same. 

What We Collect

The type of information that we collect includes but is not limited to:

  • Contact information: this information allows us to identify you, to send you service and maintenance communications, and to notify you as instructed by our Subscriber. It includes your name and email address.
  • Profile information includes your username and password, requests made by you, your interests, preferences, feedback, and survey responses.
  • Banking information includes your bank account information or other banking and financial information required for our Subscriber to provide you with services.
  • Financial and tax information includes investment account data including trade history, historical positions, tax lot information, and investment holdings. This includes information in raw data form as well as documents such as account statements and tax slips.
  • Information required for our Subscribers to comply with applicable laws and regulations:including your date of birth, home address, marital status, annual income, employment history, passport, driver’s license, SIN, Tax Identification Number (TIN), electronic signature, investment history, account numbers, if there is a spousal account or not, performance of investments, size of investments.
  • Marketing and communications information includes communication preferences and your preferences in receiving marketing or other communications from us and third parties, including our Subscribers.
  • Computer information: this includes information like device type, device identifier, IP address, MAC address, location, browser type, operating system, duration of use, user behaviour, length of time spent on the services, and frequency of use.
  • Other information you voluntarily provide to us, our Subscribers, our employees, our service providers or our contractors.

Information will be collected by fair and lawful means. We won’t take more information than we need, and you decide how and what you want to share.

How We Collect Your Information

Personal information may be collected in a number of ways, including: through our Website, in person, by mail, by email, from our applications or other software, and from third parties such as Subscribers whom you have authorized to disclose personal information to us.

If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent from such third party.

Cookies

We may also collect information through “Cookies” on our Website. Cookies are small text files inside your computer that contain a unique identifier, allowing us to recognize you when you visit our Website again. This helps us tailor our content to meet your needs and for advertising purposes. Depending on the specific features, cookies can be used to: (i) recognize you when you visit the Website, remember your preferences, and give you a personalized experience that’s in line with your settings, (ii) make your interactions with the website faster and more secure, and (iii) bring you advertising and customized experiences through personalization. Further, cookies are used for authentication, security, and research.

Currently, the cookies on our Website are not targeting cookies, and they do not collect any personal information from the user. The cookies on our Website are session cookies. When you visit our Website, you may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access certain parts of our Website. By accepting cookies and continuing to visit or use our Website, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this Privacy Notice.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit wikipedia.org, allaboutcookies.org, or aboutcookies.org.

Social media

If you post a review, make a comment, or otherwise submit personal information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public.

Why We Collect Your Information

At PXW, we only collect, use, and store personal information for the purpose(s) it was collected. The main purposes for which we collect, use, and store personal information include:

  • Business and website operations:to administer and protect our business and this Website, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data.
  • Regulatory requirements:complying generally with all applicable laws.

Secondary purposes for which we collect and use your information include:

  • Marketing and advertising: to be presented on our Website. We may also administer surveys, contests, draws, raffles, offer tailored content, and other promotional materials to you based on your interests.
  • Business development and market research: we use data to understand demographics, interests, usage patterns, and other characteristics of customers and to track and analyze trends and patterns.

We will obtain your consent before proceeding with any other purpose not identified in this Privacy Notice. You may also withdraw your consent at any time as per the section titled, “Your Consent and Opting-Out” below.

Who We Share Your Information With

At PXW, access to your personal information is restricted to those staff members who need the information to carry out their job duties. All staff at PXW are subject to the duty of confidentiality.

PXW may share your information with third parties. PXW will do so to provide services to Subscribers, administer our business, and for such other purposes as set forth below, including:

  • Contractors, service providers and affiliates: sharing your information with companies we use for storage, processing, and delivery of services.
  • Administrative and technical support: including cloud storage providers, IT support, and data analytics providers.
  • Public media and marketing:including media networks and companies we use for public broadcasting, advertising, marketing, public relations, and press releases.
  • Other agents you designate to us or our Subscriber in accordance with our Subscriber’s instructions.

Subscribers may use their own contractors and service providers and may ask us to share your information with them. Subscribers must inform you when they do so and obtain your consent when applicable. This Privacy Notice does not apply to a Subscriber’s contractors and service providers.

We may also disclose personal information in situations where we are legally required or permitted to do so. These situations may include criminal investigations, government tax reporting requirements, court orders, or instances where we believe the rights and safety of others may be at risk. We may be ordered by a court to disclose personal information to a third party or to the court, or to preserve personal information pending the outcome of a legal hearing. We may also be legally required to disclose information in connection with the collection or repayment of a debt, to assist in the prevention of fraud or other criminal activity, when we obtain legal advice from a lawyer, or in an emergency that affects the health or safety of an individual.

In the instances described above we may be required to share your personal information with or without your consent. In limited circumstances, we may be legally prohibited from advising you that your information was shared in this way.

Finally, we may disclose personal information to media networks and companies we use for public broadcasting, advertising, marketing, public relations, and press releases. You can withdraw your consent to this use of your information at any time as per the section below.

If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

Your Consent and Opting Out

Obtaining your Consent

We obtain your consent before we collect, use, store, or disclose your personal information. Your consent will be obtained directly from you whenever we can do so reasonably. If your information is obtained from another person (such as our Subscriber), we expect that person to be acting in compliance with the law and therefore that they have your consent to provide your information to us. We may have that person confirm they have your consent, and we may contact you if we have any concern in this regard. We will request your consent again if we wish to use, store, or disclose your personal information for a purpose to which you have not consented.

In some cases, the law permits us to collect, use, store, or disclose your personal information without your consent. For example:

  • Disclosing your personal information to our service providers for a purpose described in this Privacy Notice, to provide you with the requested product or service;
  • Conducting statistical studies using de-identified personal information, where permitted by law;
  • Taking appropriate action if we detect potential fraud;
  • In Quebec only: Using your personal information if it is clearly for your benefit or for purposes related to those to which you have already agreed;
  • Outside of Quebec: Using or disclosing your personal information if it is clearly for your benefit and we are unable to obtain your consent.

We may also be required by law to disclose personal information. For example, if ordered by a court or requested by a regulatory authority or a self-regulatory organization.

Opting Out

You may withdraw your consent for our collection, use, storage and disclosure of your personal information at any time, including our use and collection for purposes of marketing, advertising, public media, business development and marketing research, or for any purpose, at any time. However, withdrawing your consent for our use and collection for a purpose that is essential to us providing our services or products to you will limit our ability to provide services or products to you.

To withdraw consent, please contact us at the contact information set out at the end of this Privacy Notice. Any withdrawal of consent will apply thereafter and not to information handling practice that have been previously undertaken based on prior consent.

You may opt-out of use of cookies through your browser settings. You can opt-out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page or the Network Advertising Initiative’s Opt-Out page.

Protecting Your Personal Information

We and our third-party service providers understand the importance of keeping your information secure.

Employees and Service Providers

All our employees and service providers are expected to maintain the confidentiality of personal information.

PXW has policies and procedures that define the roles and responsibilities of employees and service providers throughout the life cycle of personal information and limits their access to such information on a “need-to-know” basis. Employees undergo regular privacy and information security training.

Storage

Your personal information is kept either in paper or electronic/digital format. Places that we store personal information include:

  • our offices, including physical corporate computers and cloud data providers;
  • secure off-site physical and digital storage facilities;
  • the storage locations used by our service providers.

We may store your personal information via third party entities that reside outside of Canada and/or Quebec. Information may be transferred to, accessed and/or retained by these third parties. We have contracts in place requiring these companies to adhere to the same standards of confidentiality to which we are subject.

Safeguards

We maintain appropriate security safeguards to protect your information against unauthorized access, modification, theft, misuse, or loss while it is under our custody. We use a combination of physical, electronic, technological, procedural, and organizational safeguards, having regards to the sensitivity of the information.

We have agreements in place with third party service providers requiring that appropriate safeguards be in place for any information we provide to them and used only for the purpose for which we are providing the information to them.

Despite all of the foregoing security measures, storage of information and digital communications are not entirely secure. We encourage all individuals to provide only the information they are comfortable with providing a third party, keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible.

Retention

We have policies in place that govern the retention of your personal information so we keep it only for as long as reasonably necessary to fulfill its intended purpose or to satisfy legal and business requirements. The length of time we keep your information will depend upon the product or service and the nature of the information.

Deletion

When we no longer retain your personal information, we have procedures to destroy, delete, erase, or convert it to an anonymous form, in a manner that keeps it safe in the process.

Accuracy

We make every reasonable effort to keep your personal information as accurate, complete and up to date as necessary. We encourage you to verify the accuracy and completeness of your personal information in our records on a regular basis.

Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. If inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate. 

If you discover inaccuracies in your personal information in our records, or your personal information changes, please notify our Subscriber or contact us directly so that we can make the necessary changes. Failure to notify us of changes to your personal information may negatively impact the way we communicate or provide services to you. Where appropriate, we will advise others of any changes to your personal information that we may have released to them.

Accessing, Correcting or Deleting Your Information

You have several rights regarding the personal information we have about you. You may exercise them at any time. You can make a request to our Privacy Officer at the contact information below for any of the following:

  • Know whether we have your personal information: You may ask us if we have your personal information, how your personal information was collected, used, stored, and disclosed, and whether another entity holds your personal information.
  • Access your personal information: You may ask to access the personal information we have about you. However, we are unable to provide you with the requested information in certain circumstances, such as if such information contains references to other persons, contains proprietary information confidential to us, has been destroyed, is too costly to retrieve, is subject to legal or some other form of privilege or cannot be disclosed for other legal reasons, or relates to an investigation.
  • Correct your personal information: You may request that we correct or update your personal information if it is incomplete, inaccurate, or out of date.
  • Delete your personal information: You may ask that we delete your personal information. Our response will depend on the situation. If the purposes for which the personal information was collected has been fulfilled and we confirm that the information is no longer required to be kept in our records, we will delete the information. The reasons for why we may retain information include meeting our legal and regulatory obligations and protecting our rights in the event of legal recourse.

If we have not yet fulfilled the purposes for which the personal information was collected, we will delete the information that is out of date, inaccurate, incomplete or no longer required. If you request that we delete the rest of your personal information, we will no longer be able to offer you our products and services.

If there is a charge in connection with meeting your request, we will let you know in advance. We will respond to your request within 30 days.

Updating this Privacy Notice

PXW strives to evolve to meet our Subscribers’ needs and expectations, and that means our services, how we offer our products and how we communicate information may change. With that in mind, we review our privacy practices from time to time, and our information handling practices may change. If PXW makes a material change to this Privacy Notice, we will provide a revised version on our Website and set out the date on which changes were made. Changes shall take effect upon posting on our Website of such changes. You may determine when this Privacy Notice was last updated by referring to the date found at the bottom of this Privacy Notice. If at any point you do not agree with the terms of this Privacy Notice, you must not use the PXW platform, Website, or services.

Website and Apps Governed by this Privacy Notice

Our Website and any of our applications available from our Website or third party platforms are governed by the provisions and practices stated in this Privacy Notice. Our Website and such applications may contain links to third party sites or applications that are not governed by this Privacy Notice. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Privacy Notice will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third party sites and applications to learn how they collect, use, and disclose your personal information.

Personal Information Outside of Canada and of Your Province of Residence

Personal information provided to our service providers may be stored outside of Ontario, your province of residence or outside of Canada. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

Addressing Your Inquiries and Concerns

We are happy to provide you with a copy of this Privacy Notice and to discuss any of its content with you.

We have designated our VP Risk as the Privacy Officer who is responsible for maintaining and implementing our Privacy Notice. Please direct all questions or enquiries about this Privacy Notice to:

Attention: VP Risk
Email: info@portfolioxpressway.com
Portfolio Xpressway Ltd.
100 York Boulevard, Suite 550
Toronto, ON
L4B 1J8

Last revised: September 2023