PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS WEBSITE
Last Updated: February 17, 2021
We may provide additional “just-in-time” disclosures or additional information about our data collection, use and sharing practices. These notices may supplement or clarify this Policy or may provide you with additional choices about how we process your Personal Information.
Clairvest complies with the requirements of Canada’s privacy legislation, including the Personal Information Protection and Electronic Documents Act and substantially similar provincial statutes. By submitting your Personal Information and using the Website, you accept this Policy and consent to its terms and any other terms and conditions as otherwise described to you at the time of collection of your Personal Information. If you do not agree to the terms of this Policy or such other terms and conditions as described to you, please do not use the Website or provide us with your Personal Information.
This Policy may be modified, revised or updated at Clairvest’s discretion, at any time, without notice to you. When we make amendments, we will revise the “Last Updated” date at the top of the Policy. Please check back from time to time for such amendments. By continuing to view, browse or use the Website or provide us with Personal Information following any such amendments, you agree to be bound by those amendments.
What is Personal Information?
“Personal Information” is information about an identifiable individual, including but not limited to, your name, residential address and e-mail address, and your financial information. Business contact information or information that is aggregated and de-identified so that it is not associated with a specific individual (“De-identified Information”) is generally not considered Personal Information.
What Personal Information Does Clairvest Collect?
We will only request Personal Information from you that is necessary to establish, manage and maintain our relationship with you. Personal Information is collected by Clairvest when you provide it to us, such as, when you register to access the investor portal, subscribe for investor alerts and quarterly updates, request event reminders, or contact us. We may also receive Personal Information from our business partners and other third parties, provided that such third parties confirm to us that they have obtained your consent or we have obtained your consent in this regard.
When you contact us, we may collect the following types of information from you: name, address, email, company, title, investor type, your comments and questions, and your areas of interest in our company or industry.
If you access our Private Equity Investor Portal via the Limited Partner Login section of our Website, we will collect your email address and password chosen by you.
What Other Information Will Clairvest Collect?
We may collect the following information that is automatically generated by your use of the Website (“Technical Information”). Technical Information is generally De-identified Information, but if we are able to associate it with you as an identifiable person, we will treat it as Personal Information in accordance with this Policy.
- Log Files: Log files make a record of each visit to the Website and log a number of details, including: your operating system; the date, time and duration of the visit; the pages and documents accessed; and the previous site accessed by you (such as, the search engine that referred you to the Website). Such information is collected for aggregated statistical purposes only, such as to track the number of visits to the Website, the number of views to particular pages, time-based traffic patterns, and the proportion of visitors using certain devices. Clairvest will not attempt to identify users according to their browsing activity through such records.
- Device Identifiers: A device identifier, such as an IP address, is a distinctive number associated with a device. We may use your device identifier to identify you when you visit the Website to determine repeat visitors and detect and prevent fraudulent activity. By using device identifiers to approximate geographic location (to a city level), we can determine your approximate time zone, and better understand the locations of users.
- Web Beacons: We may use web beacons, also known as pixel tags, clear GIFs or other similar technologies in connection with some of the Website pages and HTML-formatted email messages to, among other things, track the actions of users and email recipients, and compile statistics about our Website and email response rates. These technologies usually work in conjunction with cookies. If you do not want your cookie information to be associated with your visits to these pages, you can disable or block cookies as noted above. If you turn off cookies, web beacons (or similar technologies) will still detect visits to these pages, but the notices they generate cannot be associated with other cookie information and are disregarded.
- Analytics: Clairvest uses Google Analytics to provide statistics about the visitors to the Website. Google Analytics tracks and analyzes non-personally identifiable statistical information, including, without limitation, search engines, display advertising, pay-per-click networks, email marketing and digital collateral such as links within PDF documents. For more information about Google Analytics, including instructions on how to control the information collected by Google, see: https://policies.google.com/technologies/partner-sites
How Will Clairvest Use the Information We Collect?
Clairvest collects and discloses your Personal Information for the following purposes:
- to contact and correspond with you
- to respond to your communications and requests
- to meet legal, regulatory, audit, security and financial requirements under applicable law
- to maintain business records for reasonable periods of time
- to conduct market research and gather demographic and statistical information about our users, for managing our business
- to pursue potential investment transactions with you
We may electronically send you information about Clairvest, if you consent to receive such information or we have implied consent under applicable law to do so. You always have the option to unsubscribe from such electronic correspondence.
Technical Information is used on an aggregate basis and in a non-personally identifiable form, including: (a) for Website and system administration purposes; (b) to improve the Website; (c) to conduct internal reviews of the number of visitors to the Website; (d) to help us better understand visitors’ use of the Website; (e) to respond to specific requests from users; and (f) to protect the security or integrity of our Website when necessary.
Disclosure of Your Information
Clairvest does not trade or sell Personal Information to others. As described in greater detail below, we may generally disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable law. If we seek to disclosure your Personal Information for any purpose not described in this Policy, we will only do so with your consent, which will be obtained prior to such disclosure.
- Our Service Providers: Limited disclosure of Personal Information to third party service providers may be required as part of Clairvest fulfilling its stated business duties and day-to-day operations. However, information will only be disclosed to such persons if they have entered into a written agreement with us to abide by this Policy and applicable laws.
- Law Enforcement: We may share your Personal Information with law enforcement, national security agencies or other governmental officials, as required or permitted by law, such as in response to a court order or a verified request relating to a criminal investigation or alleged illegal activity.
- Sale or Business Transaction: Subject to applicable law, we may share or transfer your Personal Information where reasonably required in the context of a prospective or completed sale, merger, amalgamation or other business transaction involving all or part of our business. In any such case, the recipient parties will be contractually required to keep the information confidential and use it only for the purposes of the transaction, or proposed transaction, in question. In the event a business transaction is concluded, assignees or successors of Clairvest or our business or assets may use and disclose Personal Information only for the purposes as set out this Policy, unless further consent is obtained from you.
- Technical Information: As described above, we share your Technical Information with the Google Analytics analytical platform, to help us understand how you use our Website so that we can enhance your user experience.
- De-identified Information: Clairvest may share with third parties De-identified Information, which cannot reasonably be used or linked to any Personal Information to identify any individual person.
Personal Information of Minors
This Website and our services are intended for and directed to individuals who are the age of majority or older in their jurisdiction of residence. We do not knowingly collect Personal Information of minors. However, if a minor (as defined by applicable law) provides us with his/her Personal Information without parental or legal guardian consent, we encourage the parent or legal guardian to contact us to have this information removed from our records.
Retention, Processing and Storage of Personal Information
We will retain your Personal Information for only so long as is necessary to fulfil the purposes for which it was collected, and for such periods of time as may be required to comply with applicable law. When your Personal Information is no longer required, we will make all reasonable efforts to ensure all electronic and hard copies of such information are securely destroyed or de-identified.
Your Personal Information may be processed and stored outside of the province/territory in which you reside and/or outside of Canada. Under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your Personal Information without notice to you. You can obtain more information about our policies and practices with respect to the use of third party service providers outside of Canada by contacting us as described below, under “Contact Us”.
Safeguarding Your Personal Information
We take all reasonable measures designed to safeguard your Personal Information against unauthorized access, use, disclosure, copying or modification. Such measures, which may necessarily evolve over time as the availability and effectiveness of methods vary, include physical, organizational and technological safeguards, such as:
- restricting access to Personal Information to employees and third party service providers who need such information in order to facilitate the use of the information that you have consented to, and who are required to abide by this Policy and our privacy and security policies;
- restricting access to our systems, electronic databases or other electronic formats that may contain Personal Information through password protection and internal security policies; and
- implementing technical security measures such as firewall technology, anti-malware screening and data encryption technology.
While Clairvest employs advanced data encryption technology, you should be aware that there is a residual risk in transmitting any data electronically. Despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. This risk is inherent in all Internet dealings. In particular, emails sent to or from the Website may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind whenever disclosing any Personal Information to us via the Internet.
The Website may contain links to third-party sites. These links are provided solely as a convenience to you and not as an endorsement by Clairvest. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third-party sites, you do so at your own risk. If you view third-party sites, the sites may assign a cookie. Clairvest does not control such cookies, nor are we responsible for any marketing or other use of your information by third parties. All Personal Information you provide via those third-party sites will be governed by the privacy policies applicable to those sites and not this Policy. We encourage you to review all such privacy policies before you provide any Personal Information to third-party sites.
Your Privacy Rights
By providing us with your Personal Information, you consent to us using your Personal Information for the purpose(s) set out in this Policy or described to you at the time of collection. Other than as required by law, your Personal Information will not be used for any other purpose without your consent. You can withdraw your consent to some or all of these uses by contacting us as set out below.
Clairvest wants to ensure that information about you is accurate, complete and current. Please inform us of any change of name, address or other information. In addition, you have the right to access the Personal Information that we have collected, stored and disclosed about you, subject to certain legal restrictions. If there are errors in such Personal Information, you may request that it be corrected. In order to access this information, you must submit a written request to the contact information set out below.
If you have any questions, concerns or would like more information about the collection, use or disclosure of your Personal Information by Clairvest, or if you simply want to know whether we have any of your Personal Information on file, you may contact Jim Miller, our General Counsel, as follows:
Mail: 22 St. Clair Avenue East, Suite 1700, Toronto, Ontario, Canada, M4T 2S3
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Last Updated: February 17, 2021
Clairvest makes no representation that the information contained in this Website or your access to it is appropriate for you. You are responsible for compliance with local laws that apply at your point of access.
Ownership of Intellectual Property
Unless otherwise indicated, all content on this Website, including without limitation, all logos, trademarks, service marks, trade-dress, texts, graphics, images, and the collection, organization, arrangement and assembly of such content (collectively, the “Content”) is the property of Clairvest or our licensors and is protected pursuant to Canadian and foreign intellectual property laws, including copyright, trademark and other laws and regulations. While Clairvest is allowing you access to the Website, you do not acquire any ownership rights to any Content through your access to, or use of, the Website. You acknowledge that your use of the Website and the Content is governed by applicable copyright, trademark or other intellectual property laws.
No Content, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Clairvest’s prior written consent, except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Clairvest’s copyright, trademark and trade secret rights and others’ proprietary rights. The use of any Content on any other website, platform or networked computer environment for any purpose is strictly prohibited.
Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbooming” or “crashing”; or (d) engaging in “screen scraping,” “database scraping”. Violations of any system or network security may result in civil or criminal liability.
Clairvest will investigate occurrences, which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.
Links from Third Party Platforms: Clairvest prohibits third parties from producing materials, which contain links to the Website or framing of Content contained within the Website without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized links or framing. Clairvest has no responsibility or liability for any material that may contain links to the Website.
The sender of any communications to this Website or otherwise to us is responsible for the content and information contained in such communications, including its truthfulness and accuracy. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
Financial and Shareholders Information
The Content made available to you on this Website is for information purposes only. This Website is not intended to offer securities for sale, nor is it intended to solicit investment funds in any jurisdiction. None of the Content of this Website is intended to provide you with any financial, accounting, tax or legal advice nor is it the official versions required to be disclosed in accordance with applicable securities laws.
The information posted to the Shareholders Information section of this Website is maintained by Clairvest and was accurate at the time of posting but may be superseded by subsequent disclosures made by us. Clairvest does not assume any duty of disclosure beyond that which is required by law. There is no guarantee that documents and information contained on this Website are current or the most current sources of information, financial or otherwise, about Clairvest. Information set out in this Website should not be used for making investment decisions with respect to Clairvest securities.
For Clairvest official investor disclosure documents, please see the Clairvest filings made with Canadian securities regulators at www.sedar.com or contact our corporate relations group to obtain printed copies of the documents you wish to review. Investors are encouraged to contact our transfer agent and registrar as set out on the Website for information regarding their security holdings.
Forward-looking Information and Statements
This Website may contain forward-looking information concerning our operations and future financial results. These forward-looking statements can generally be identified as such because of the context of the statements and often include words such as Clairvest “believes”, “anticipates”, “expects”, “plans”, “estimates” or words of a similar nature. The forward-looking statements are based on current expectations and are subject to known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Clairvest to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include but are not limited to general and economic business conditions and regulatory risks. All subsequent forward-looking statements, whether written or oral, attributable to Clairvest or persons acting on our behalf are expressly qualified in their entirety by these cautionary statements.
You should refer to the risk factors contained in Clairvest’s disclosure documents filed on SEDAR, which are available through the Shareholders Information section of the Website, for further discussion on these risks. Clairvest disclaims any intention or obligation to update or revise any forward-looking statements whether as a result of new information, future events or otherwise, except as required by applicable law.
Clairvest makes no representations or warranties with respect to this Website or its Content, which are for informational purposes only and are provided for use on an “as is, where is” basis and “as available.” To the greatest extent permitted by law, Clairvest disclaims all representations, warranties, and conditions, express or implied, or arising by statute, usage, custom or otherwise, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to this Website and any website with which it is linked. Clairvest does not warrant the functions, information or links contained on this Website nor do we warrant that the Content will meet your requirements. Clairvest does not warrant that this Website or its Content are fit for any particular purpose or that the operation of this Website or its Content will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots or other harmful components. Clairvest does not warrant or make any representations regarding the use or the results of the use of the Content on this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not Clairvest) assume the entire cost of all necessary servicing, repair or correction.
Neither Clairvest nor any of our affiliates, licensors, service providers or suppliers makes or has made any recommendations regarding the securities or investment services of any person or entity with respect to the Content of this Website, or of the advisability of investing in securities generally for any particular individual.
We may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of any feature of this Website or impose limits on certain of its features, including restricting your access to all or parts of the Website. In the event of termination, you will destroy all materials you have downloaded or copied from this Website.
Limitation of Liability
You use this Website and its Content at your own risk. Under no circumstances shall Clairvest be liable for any special, incidental, consequential, compensatory, direct or indirect damages, loss of data, income or profit or damage to property that result from your use of, or your inability to use, the Website or the Content, even if Clairvest or a Clairvest authorized representative has been advised of the possibility of such damages. In no event shall Clairvest’s total liability to you for all damages, losses and causes of action whether in contract, or not (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.
Indemnity by User
Clairvest makes no claims that the Content may be lawfully viewed or downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Language of Agreement
The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.