This policy applies to the collection, use and disclosure of personal information by Bourse de Montréal Inc. (the "Montréal Exchange") and its wholly owned subsidiary, the Canadian Derivatives Clearing Corporation ("CDCC" or the "clearinghouse"). The Montréal Exchange and CDCC will be collectively referred to herein as "the Montréal Exchange" or "we", unless the context requires otherwise.
The Montréal Exchange maintains strict security, confidentiality and protection of personal information standards and we make it our highest priority to ensure the security, confidentiality and accuracy of the personal information provided to us by our employees, directors, shareholders, clients, suppliers, market participants and clearing members ("you"), whether it is through our websites (www.m-x.ca or www.cdcc.ca) or by email, fax, mail or otherwise.
By supplying your personal information to the Montréal Exchange or to its service suppliers and agents, you explicitly authorize the Montréal Exchange to collect, use and disclose your personal information in accordance with this policy for the purposes expressed herein and with applicable laws.
Subject to legal, regulatory and/or contractual requirements, you may withhold or withdraw your consent in respect of some of the purposes outlined hereafter by contacting our Privacy Officer, whose contact information is provided at the end of this document. However, the withholding or withdrawal of your consent may make it impossible for us to provide you or to continue providing you with certain services or information that may be useful for you.
If you provide or intend to provide personal information to the Montréal Exchange or to its service suppliers and agents concerning another individual, you must declare that you have the necessary power to do so and/or that you have obtained the necessary consent from this individual to allow us to collect, use or disclose this personal information for the purposes laid out in this policy.
Please note that the Montréal Exchange reserves the right to amend or revise this policy at any time. In such event, the Montréal Exchange will post the amendments on its websites (www.m-x.ca or www.cdcc.ca), so that you are informed at all times about the information collected, used or disclosed by the Montréal Exchange. In so doing, you will be able to decide at any time whether or not you want the Montréal Exchange to use your personal information in the manner so described. The Montréal Exchange will use your personal information in accordance with the version of this policy that is in effect when such personal information is collected or in any other manner that you approve.
What is personal information
Personal information is any information that refers to or allows an individual to be identified. This includes information that can be linked to you, such as your name, personal address, telephone and/or fax numbers and personal email address, date of birth, social insurance number or credit card number.
Personal information does not include information considered of a professional nature that is generally found on a business card, such as your name, position or function, professional address, professional telephone and/or fax numbers. However, please note that your professional email address is considered as personal information.
Use of personal information
The personal information that you communicate to us and that we collect and use enables us to carry on our business as a derivatives exchange and clearinghouse. It also allows us to fully perform our role as a self-regulatory organization, while helping us to develop and offer derivative products or services that meet your derivatives needs and preferences.
More specifically, the personal information provided may be collected and used:
- to approve or identify individuals wishing to access the Montréal Exchange's electronic trading platform or CDCC's computer network, as the case may be, and to communicate with the Montréal Exchange and/or CDCC as needed;
- to register a securities dealer as an approved participant of the Montréal Exchange;
- to register an entity as a clearing member of CDCC;
- to analyze, investigate or inspect the conduct and/or business of an approved participant, any approved person or any holder of a restricted trading permit;
- to handle disciplinary complaints concerning an approved participant and/or any approved person or holder of a restricted trading permit;
- to develop, forge and maintain business relations with current or potential clients, suppliers, market participants and clearing members;
- to identify you;
- to inform you about new products and/or services offered by the Montréal Exchange and/or CDCC;
- to add your name to one or more of our electronic mailing lists;
- to enable you to register or participate in one of our contests, workshops, seminars, conferences or interactive campaigns;
- to monitor traffic on the websites of the Montréal Exchange and CDCC and to improve their content;
- to establish the standard profile of users of these websites;
- to learn about your needs and preferences;
- to answer your questions and enquiries;
- when you apply for employment with the Montréal Exchange or CDCC and, as the case may be, upon your hiring and in the course of your employment at the Montréal Exchange or CDCC;
- when you become a shareholder of the Montréal Exchange; and
- for any other purpose which you approve.
Please note that the information collected by the Montréal Exchange is used solely for the purposes for which this information is collected. If the Montréal Exchange wishes to use your personal information for any other purpose, it has to obtain your prior consent, except if the law exempts it from obtaining such consent.
Disclosure of personal information
The Montréal Exchange will not sell or transfer your personal information to any other party without your consent, but it reserves the right to disclose such personal information pursuant to a legal proceeding or as required by law, and to the following persons, who shall ensure that your personal information remains confidential.
1. Service suppliers and agents. Your personal information may be communicated to service suppliers and agents chosen by the Montréal Exchange to discharge certain duties on its behalf, such as providing administrative, data processing, document management and website hosting services.
2. Credit card companies. You may have to transmit information concerning a credit card either by fax or from certain places on our websites in order to purchase a product or service offered by the Montréal Exchange. In such case, only the information required to complete the purchase will be provided to the relevant credit card issuer. When you pay for a product or service via our websites, your credit card information is provided to the Montréal Exchange's e-commerce service provider PayPalTM. Transaction processing is encrypted using the PayPalTM security system. The Montréal Exchange accepts no liability for the use of your credit card information by third parties.
3. Regulators. The Montréal Exchange, in its capacity as a self-regulatory organization, may communicate your personal information to other self-regulatory organizations and to competent regulators.
The Montréal Exchange will not monitor, edit or deliberately disclose the contents of your private communications or files unless required to do so by law or unless it believes in good faith that such action is necessary to comply with the law or a legal proceeding or to protect and defend the rights or property of the Montréal Exchange or to assist in the detection or prevention of illegal activities.
However, you acknowledge that there are security and privacy limitations on the Internet, which are beyond the control of the Montréal Exchange, and that the security, integrity and confidentiality of any information or data exchanged between you and the Montréal Exchange through its websites or by email cannot be guaranteed. Consequently, the Montréal Exchange accepts no liability for the use of such information or data by you or third parties.
Accuracy of personal information provided
The Montréal Exchange will ensure, to the extent possible, that your personal information is accurate, complete and up-to-date, in accordance with the intended purpose for which this information is collected. We encourage you to verify the accuracy of your personal information and to inform the Montréal Exchange of any change to be made thereto, by contacting our Privacy Officer, whose contact information is given at the end of this document, or by changing your personal information yourself in your "User Profile" on the Montréal Exchange's website, provided you have such a profile.
Keeping of personal information, security and limited access
The Montréal Exchange will keep your personal information as long as necessary and provided that it remains relevant for the purposes indicated above or in accordance with applicable laws.
The Montréal Exchange may keep your personal information in secure filing cabinets and offices as well as in databases or email boxes hosted by the Montréal Exchange or by service suppliers, for periods of time and using the administrative and technological security measures it deems reasonable, according to the nature and level of sensitivity of the personal information (limited access to the Montréal Exchange's offices, locked filing cabinets, use of data networks secured and protected by firewalls, use of passwords, etc.). The Montréal Exchange regularly verifies its existing security measures to ensure that they are properly managed, effective and adequate. The Montréal Exchange also ensures, through contractual agreements, that the personal information it communicates to third parties is protected.
Access to personal information is reserved for a limited number of people with prior authorization from the Montréal Exchange. In addition, the Montréal Exchange has set up "Chinese walls" to keep its different services separate, thereby effectively limiting access to your personal information. Furthermore, employees of the Montréal Exchange as well as its officers, directors and committee members have undertaken to ensure the confidentiality of the information they receive (including your personal information) and can only use such information for authorized purposes.
The Montréal Exchange collects certain technical information from your computer each time you request a page during a visit to our websites. This information is collected from your computer's Web browser to enhance your experience on our websites and may include your origin (city, country), operating system, Web browser software, screen resolution, places visited on the site, and your Internet service provider.
Links to other sites
There are places throughout our websites that may link you to other websites. However, these websites may not necessarily operate under the Montréal Exchange's privacy practices. When you click through to these websites, the Montréal Exchange's privacy practices described herein no longer apply. Consequently, we recommend that you examine the privacy statements of all third-party sites in order to understand their procedures for collecting, using and disclosing personal information. These links are provided for user convenience only. The Montréal Exchange in no way controls, endorses or guarantees the sites linked to this gateway and cannot be held accountable for the content of these other sites or for the practices of the operators of these sites, particularly with respect to the protection of personal information and privacy.
Control and access to your personal information
Your personal information will be maintained by the Montréal Exchange at the office located at the address indicated below. You may access your personal information by submitting a written request to our Privacy Officer at the following address: Bourse de Montréal Inc., 800 Victoria Square, P.O. Box 61, Montréal, Québec, H4Z 1A9, Canada. You may, where appropriate, also request the rectification of your personal information. In both cases, a response will be given within 30 days following your request.
Employees of the Montréal Exchange who wish to access their personal information should contact the Human Resources Department of the Montréal Exchange directly.
If, for any reason, a request for access or rectification of your personal information is refused, the grounds for such refusal will be communicated to you in writing. If a photocopy of your personal information is requested, reasonable charges, which will be communicated to you beforehand, may apply.
You may also, subject to legal, regulatory and/or contractual requirements, withhold or withdraw your consent for the collection, use and disclosure of your personal information. If you withhold or withdraw your consent, the Montréal Exchange may not be able to provide or continue providing you with certain services or information. The Montréal Exchange will then inform you about its reasons in writing within 30 days following your request.
If you have any question or comment about this policy, please feel free to contact our Privacy Officer in writing at the following address:
Secretariat and Legal Affairs
Bourse de Montréal Inc.
800 Victoria Square, P.O. Box 61
Montréal, Québec H4Z 1A9
Please note that you may remove your name from the Montréal Exchange's email mailing lists at any time by changing the mailing lists that you have selected in your "User Profile" on the Montréal Exchange's website. You can also unsubscribe by clicking on the link at the bottom of all emails.
You can also remove your name from CDCC's email mailing lists by submitting a written request via email at firstname.lastname@example.org.