Site Entry
Post on: 2 Апрель, 2015 No Comment
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Investment Advisor
I am registered or I represent an entity that is registered under the securities legislation of a jurisdiction of Canada either as (i) an investment dealer (in which case, I am also registered with the Investment Industry Regulatory Organization of Canada or Mutual Fund Dealers Association of Canada); or (ii) a portfolio manager. Alternatively, I am registered or I represent an entity organized in a foreign jurisdiction that is registered in a category that is analogous to (i) or (ii) above. I am a fiduciary.
I represent an organization or entity, including banks, insurance companies, governmental entities, investment funds, pension funds regulated by either the Office of the Superintendent of Financial Institutions (Canada) or a pension commission of a jurisdiction of Canada and/or any other entity, with net assets of at least $25 million. Alternatively, I am registered as an advising representative of a portfolio manager that manages portfolios for the above-mentioned institutional entities. I satisfy the eligibility criteria set forth in the Terms & Conditions .
Individual Investor
I manage my own portfolio.
READ THESE TERMS AND CONDITIONS (TERMS) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.blackrock.com/ca (WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
BLACKROCK, INC. AND ITS SUBSIDIARIES (COLLECTIVELY, “BLACKROCK”) RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.
Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by BlackRock or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold BlackRock, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.
The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of BlackRock or its affiliates or guaranteed by BlackRock or its affiliates. BlackRock makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, BlackRock does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
All investments involve risk and may lose value. The value of your investment can go down depending upon market conditions. Fixed income investments are subject to risk including interest rate, credit, market and issuer risk. Currency exchange rates may cause the value of an investment to go up or down. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. BEFORE ACQUIRING THE UNITS OF ANY INVESTMENT FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ THE FUND’S PROSPECTUS OR OFFERING MATERIALS.
This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although this material is based upon information that BlackRock considers reliable and endeavors to keep current, BlackRock does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary. Past performance is no guarantee of future results.
The information and services provided on this Website are provided AS IS and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BlackRock disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. BlackRock does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. BlackRock expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
Institutional Investors
An institutional investor will have access to certain information on this site that is not available to investment advisors or individual investors. In order to access information on this website that is addressed to institutional investors, you must qualify as one of the following:
1. a Canadian financial institution, or a Schedule III bank;
2. the Business Development Bank of Canada incorporated under the Business Development Bank of Canada Act (Canada);
3. a subsidiary of any person referred to in paragraph (a) or (b), if the person owns all of the voting securities of the subsidiary, except voting securities required by law to be owned by directors of that subsidiary;
4. a person registered under the securities legislation of a jurisdiction of Canada as an adviser, investment dealer, mutual fund dealer or exempt market dealer;
5. an individual registered or formerly registered under the securities legislation of a jurisdiction of Canada as a representative of a person referred to in paragraph (4) above;
6. the Government of Canada or a jurisdiction of Canada, or any crown corporation, agency or wholly owned entity of the Government of Canada or a jurisdiction of Canada;
7. a municipality, public board or commission in Canada and a metropolitan community, school board, the Comité de gestion de la taxe scolaire de l’île de Montréal or an intermunicipal management board in Québec;
8. a pension fund that is regulated by either the Office of the Superintendent of Financial Institutions (Canada) or a pension commission or similar regulatory authority of a jurisdiction of Canada or a wholly-owned subsidiary of such a pension fund;
9. a person, other than an individual or investment fund, that has net assets of at least $25,000,000 as shown on its most recently prepared financial statements;
10. an investment fund if one or both of the following apply:
i. the fund is managed by a person or company registered as an investment fund manager under the securities legislation of a jurisdiction of Canada;
ii. the fund is advised by a person or company authorized to act as an adviser under the securities legislation of a jurisdiction of Canada;
11. an investment fund that distributes or has distributed securities under a prospectus in a jurisdiction of Canada for which the regulator or, in Québec, the securities regulatory authority, has issued a receipt;
12. a trust company or trust corporation registered or authorized to carry on business under the Trust and Loan Companies Act (Canada) or under comparable legislation in a jurisdiction of Canada, acting on behalf of a fully managed account managed by the trust company or trust corporation, as the case may be;
13. a person acting on behalf of a fully managed account managed by that person, if that person (i) is registered or authorized to carry on business as an adviser or the equivalent under the securities legislation of a jurisdiction of Canada or a foreign jurisdiction, and (ii) in Ontario, is purchasing a security that is not a security of an investment fund;
14. a registered charity under the Income Tax Act (Canada) that, in regard to the trade, has obtained advice from an eligibility adviser or an adviser registered under the securities legislation of the jurisdiction of the registered charity to give advice on the securities being traded;
15. an entity organized in a foreign jurisdiction that is analogous to any of the entities referred to in paragraphs (a) to (d) or paragraph (i) in form and function;
16. a person in respect of which all of the owners of interests, direct, indirect or beneficial, except the voting securities required by law to be owned by directors, are persons that are accredited investors;
17. a person or company acting on behalf of a managed account managed by the person or company, if the person or company is registered or authorized to carry on business as an adviser or the equivalent under the securities legislation of a jurisdiction of Canada or a foreign jurisdiction; or
18. a person that is recognized or designated by the securities regulatory authority, or, except in Ontario and Québec, the regulator as an accredited investor.
If you do not qualify under one of the preceding categories, you are not permitted to access the institutional investor section of this website.
Fund Disclosures
iShares® ETFs, BlackRock mutual funds and Big Bank Big Oil Split Corp. are managed by BlackRock Asset Management Canada Limited. Commissions, trailing commissions, management fees and expenses all may be associated with investing in iShares ETFs. Please read the relevant prospectus before investing. The indicated rates of return are the historical annual compounded total returns including changes in unit value and reinvestment of all distributions and do not take into account sales, redemption, distribution or operational charges or income taxes payable by any securityholder that would have reduced returns. The funds are not guaranteed, their values change frequently and past performance may not be repeated. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional.
The iShares Premium Money Market ETF (CMR) is managed by BlackRock Asset Management Canada Limited. Commissions, trailing commissions, management fees and expenses all may be associated with investing in the fund. Please read the relevant prospectus before investing. Fund securities are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. There can be no assurances that the fund will be able to maintain its net asset value per security at a constant amount or that the full amount of your investment in the fund will be returned to you. The fund is not guaranteed, its value changes frequently and past performance may not be repeated. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional.
The funds are not insured by the Canadian Deposit Insurance Corporation or any other entity.
Important information about each of the funds is contained in their current applicable prospectus and should be read before investing. Copies of the prospectuses may be obtained from dealers who may lawfully offer the funds in your province or territory. You are able to download the relevant prospectus by clicking here .
The content of this site is meant to inform investors, potential investors and their intermediaries, and does not constitute an offer or a solicitation to anyone in the United States of America, United Kingdom or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. The Canadian iShares ETFs are not registered under the securities laws of the United States of America, the United Kingdom or any other jurisdiction outside of Canada. In Canada, the funds are available for purchase by investors resident only in those provinces and territories where they may legally be purchased.
Rates of return shown in this site are used only to illustrate the effects of the compound growth rate and are not intended to reflect future values of the iShares ETFs or returns on investment in the iShares ETFs.
Projections and examples (including calculations used therein) are for illustrative purposes only and are not guaranteed to be accurate or complete. The data and calculations contained in the Brokers and Dealers section, as applicable, are believed to be accurate, but no assurance can be given in this regard.
Trademarks, Copyrights and Other Intellectual Property
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to BlackRock and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of BlackRock or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
Links to Other Websites
BlackRock may establish links between this Website and one or more websites operated by third parties. BlackRock has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by BlackRock regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. BlackRock disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.
Links to BlackRock from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by BlackRock. If you desire to display on your website a hyperlink to a BlackRock website, you must enter into a written agreement with BlackRock governing such display. Access to any BlackRock website does not authorize you to use any of BlackRock’s names, logos, trademarks or copyrighted material, and you agree not to do so without BlackRock’s express written consent. Requests to display hyperlinks on your websites to BlackRock websites should be e-mailed to webmaster@blackrock.com .
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to BlackRock, particularly those containing confidential information, may be sent by mail to: BlackRock, Inc. 40 East 52nd Street, New York, NY 10022, Attn: Webmaster. BlackRock shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to BlackRock through this Website. You acknowledge and agree that BlackRock has granted you limited access to the specific files pertaining to the BlackRock Funds (Approved Files), and you agree not to attempt to access computer files other than the Approved Files. BlackRock makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. BlackRock reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Account and Transaction Information on this Website
Certain BlackRock clients may access account information, including transactions, through this Website. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.
Privacy Policy
Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.
Jurisdiction and Governing Law
The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BlackRock or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended to be made available to only residents of a jurisdiction of Canada. This Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
The laws of the State of New York govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with BlackRock, its affiliates or with any funds referenced in this site.
Limitation of Liability
BLACKROCK AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF BLACKROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Timeliness of Content
All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Prohibited Uses
Except as otherwise stated in these Terms or as expressly authorized by BlackRock in writing, you may not:
• Use this Website in any manner that could damage or overburden any BlackRock server, or any network connected to any BlackRock server, as all servers have limited capacity and are used by many people;
• Use this Website in any manner that would interfere with another party’s use of the Website;
• Include the term BlackRock, “iShares” or any BlackRock trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
• Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, Materials), without BlackRock’s permission, provided that generally available third-party web browsers may be used without such permission; or
• Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by BlackRock.
Password Security and Notification
Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by BlackRock for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify BlackRock immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
Unauthorized Use of Content
You agree to defend, indemnify and hold harmless BlackRock, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.
System Outages and Incomplete Transmissions
Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. BlackRock is not liable for any damages, changes, or omissions that occur during transmission of information and materials.
BlackRock may terminate your access to the Website for any reason, without prior notice.
No waiver by BlackRock of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms of use represent the entire agreement between BlackRock and the user relating to the subject matter herein.
BlackRock is an equal opportunity employer committed to diversity in the workplace.
Dated: August 2014
© 2014 BlackRock, Inc. All rights reserved. BLACKROCK and iSHARES are registered and unregistered trademarks of BlackRock, Inc. or its subsidiaries in the United States and elsewhere. All other trademarks are those of their respective owners.
INTRODUCTION
This policy addresses two broad issues: the way BlackRock Canada collects, uses, discloses and protects personal information; and the right of clients to have access to personal information about themselves and, if necessary, to have the information corrected. Ten interrelated principles form the basis of the policy. Each principle is accompanied by a commentary that elaborates on the principle.
The policy:
1. Provides principles for the management of personal information; and
2. Specifies the minimum requirements for the adequate protection of personal information held by BlackRock Canada.
SUMMARY OF BLACKROCK’S PRIVACY PRINCIPLES
Ten interrelated principles form the basis of this policy. Each principle must be read in conjunction with the accompanying commentary.
1. Accountability. BlackRock Canada is responsible for personal information under its control and shall designate an individual or individuals who are accountable for BlackRock Canada’s compliance with the following principles.
2. Identifying Purposes. The purpose(s) for which personal information is collected shall be identified by BlackRock to the client at or before the time the information is collected.
3. Consent. The knowledge and consent of the client are required for the collection, use, or disclosure of personal information, except for legal or security reasons.
4. Limiting Collection. The collection of personal information shall be limited to that which is necessary for the purposes identified by BlackRock. Information shall be collected by fair and lawful means.
5. Limiting Use, Disclosure and Retention. Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the client or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
6. Accuracy. Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
7. Safeguards. Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
8. Openness. BlackRock Canada shall make readily available to clients specific information about its policies and practices relating to the management of personal information.
9. Client Access. Upon request, a client shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. A client shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
10. Challenging Compliance. A client shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for BlackRock Canada’s compliance.
1. SCOPE
1.1. This policy describes the minimum requirements for the protection of personal information. Any applicable legislation must be considered in implementing these requirements.
1.2. This policy applies to personal information relating to “clients” as defined in Section 2.
1.3. The objective of this policy is to assist BlackRock Canada and all of its employees in developing and implementing policies and practices to be used when managing personal information.
2. DEFINITIONS
The following definitions apply in this policy:
“client ” – persons resident in Canada about whom BlackRock collects personal information in carrying out its business; and includes persons who have dealt with or intend to deal with BlackRock, and any other person resident in Canada who has contacted BlackRock and provided his or her own personal information to BlackRock.
“collection ” — the act of gathering, acquiring or obtaining personal information from any source, including from third parties, by any means.
“corporate client ” – clients other than individuals. Without limiting the foregoing this includes clients resident in Canada and structured as corporations, partnerships, joint ventures, trusts, associations, unincorporated organizations, governmental authorities or any other entity recognized by law.
“consent ” — voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of BlackRock. Implied consent arises where consent may reasonably be inferred from the action or inaction of the client.
“control ” — BlackRock controls personal information if the personal information is in the possession of BlackRock or a person to whom BlackRock has disclosed the personal information, excluding a person to whom such disclosure was required by law.
“disclosure ” — making personal information available to others outside BlackRock.
“person ” — shall be broadly interpreted and includes an individual, corporation, partnership, joint venture, trust, association, unincorporated organization, any governmental authority or any other entity recognized by law.
“personal information ” — information about an identifiable client (if that client is an individual) or information about an identifiable individual acting on behalf of a corporate client but does not include the name, title or business address or telephone number of an employee, officer, trustee or other representative of a corporate client.
Commentary. This definition of “personal information” includes information about an individual client or about any other individual if the client or other individual is identifiable as the subject of the information, but does not include aggregate information that cannot be associated with a specific client or individual. Personal information may include, but is not limited to, an individual’s name, social insurance number, address, telephone number, e-mail address, date of birth, family status, marital status, occupation, assets, investments, liabilities, income and, credit rating.
“use ” — treatment and handling of personal information within BlackRock.
3. GENERAL REQUIREMENTS
3.1. The ten principles that make up this policy are interrelated.
3.2. Each principle is followed by a commentary. The commentaries are intended to help employees of BlackRock Canada understand the significance and the implications of the principles.
3.3. Prescriptive language used herein (that is, words like “shall” or “must”) are requirements. The use of the word “should” indicates a recommendation.
3.4. Use of the singular does not exclude the plural (and vice versa) when the sense allows.
4.1. Accountability
BlackRock Canada is responsible for personal information under its control and for establishing and implementing policies and practices for the appropriate collection, retention and use of the personal information.
4.1.1. BlackRock Canada’s senior management committee or BlackRock Canada’s Chief Compliance Officer shall designate one or more individuals who shall be accountable for BlackRock’s compliance with the principles set out in the policy (the “Responsible Individuals”). The identity of the Responsible Individuals shall be available to BlackRock Canada employees and clients upon request.
4.1.2. BlackRock Canada is responsible for personal information in its possession, custody or control, including information that has been transferred to a third party for processing. Prior to disclosing any personal information to any third party, BlackRock Canada shall use contractual or other means to provide a comparable level of protection while the personal information is in the possession, custody or control of a third party. Prior to the release of any personal information to a third party, a Responsible Individuals shall be consulted to ensure appropriate levels of protection are in place, to the extent necessary.
4.1.3. The Responsible Individual shall coordinate the implementation of policies and practices to give effect to the principles, including:
4.1.3.1. implementing procedures to protect personal information; and
4.1.3.2. establishing procedures to receive and respond to complaints and enquiries;
4.2. Identifying Purposes
The purposes for which personal information is collected shall be identified to the client by BlackRock Canada before or at the time the information is collected.
4.2.1. The purposes for which personal information is collected shall be documented by the person collecting such information in order to comply with this policy.
4.2.2. Identifying the purposes for which personal information is collected at or before the time of collection allows BlackRock Canada to determine the information it needs to collect to fulfill these purposes. Clause 4.4 requires BlackRock Canada to collect only that information necessary for the purposes that have been identified.
4.2.3. The identified purposes should be specified at or before the time of collection to the client from whom the personal information is collected. Depending upon the way in which the information is collected, this can be done orally or in writing. An application form, pamphlet, website notice or other suitable media, for example, may give notice of the purposes for which personal information is being collected.
4.2.4. When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified before use. Unless the new purpose is required by law, the consent of the client is required before personal information can be used for that purpose.
4.2.5. Employees collecting personal information should be able to explain to clients or other identifiable individuals, the purposes for which the information is being collected.
4.3. Consent
The knowledge and consent of the client are required for the collection, use, or disclosure of personal information, except as provided in this Principle.
Commentary. In certain circumstances, express consent need not be obtained from a client before such client’s personal information is collected, used, or disclosed. For example, legal or security reasons may make it impossible or impractical to seek consent. In addition, BlackRock Canada may not be able to seek consent because it does not have a direct relationship with the client. However, when most information is being collected (including financial information) BlackRock Canada must obtain express consent from the client.
4.3.1. Consent is not required for the collection, use and disclosure of personal information for legal or security reasons such as the collection of personal information for the detection and prevention of fraud or compliance with subpoenas, search warrants, and other court, regulatory or government orders, where obtaining consent might defeat the purpose of collecting the information.
4.3.2. Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Consent must be obtained for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when a new purpose for previously gathered information is identified).
4.3.3. The principle requires “knowledge and consent”. Reasonable effort shall be made to ensure that the client is advised of the purposes for which the personal information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the personal information will be used or disclosed. In obtaining consent, the reasonable expectations of the client or other identifiable individual are also relevant.
4.3.4. Clients shall not be required, as a condition of the supply of a product or service, to consent to the collection, use, or disclosure of personal information beyond that required to fulfill the explicitly specified purposes. The client must be informed of all information requirements that are related to the product or service. Doing so ensures that a specified, explicit and legitimate purpose has been identified for the client. As a result, BlackRock can then refuse to deal with a client who will not consent to the collection, use and disclosure of the personal information for the specified, explicit and legitimate purpose. For example, laws may require BlackRock Canada to obtain certain personal information so as to carry out its responsibilities to its clients. If this personal information is not obtained, BlackRock Canada cannot determine the suitability of investments and, therefore, cannot provide the investment advice sought by the client. Consent shall not be obtained through deception.
4.3.5. The form of the consent sought by BlackRock Canada may vary, depending upon the circumstances and the type of personal information. In determining the form of consent to use, BlackRock Canada shall take into account the sensitivity of the personal information. Although most personal information obtained by BlackRock Canada is considered to be sensitive, any personal information can be sensitive, depending on the context. A client at the time of providing any personal information and upon completion of an investment management agreement/transition agreement must be advised as to the specific uses and by whom the personal information given in such form may be used. At such time, the client must expressly consent to such uses. The degree of specificity of such description may vary depending upon the personal information shared. For example, if only the name and address is given out to affiliates of the BlackRock entity receiving the information for the purposes of mailing generic marketing materials, then less specificity is required. On the other hand, if it is intended that personal information is used to create targeted, personally tailored marketing materials then greater specificity would be required. BlackRock should generally seek express consent of the client or identifiable individual to the collection, use and disclosure of personal information about that individual.
4.3.6. Consent can also be given by an authorized representative (such as a corporate officer, trustee legal guardian or a person having power of attorney).
4.3.7. Clients can give consent in many ways. For example:
4.3.7.1. an application form may be used to seek consent, collect personal information, and inform the client of the use that will be made of the personal information. By completing and signing the form, the client is giving consent to the collection and the specified uses;
4.3.7.2. a check-off box may be used to allow clients to request that certain or all personal information not be given to third parties. Clients who do not check the box are assumed to consent to the transfer of this personal information to third parties for specified purposes;
4.3.7.3. consent may be given orally when personal information is collected over the telephone, provided that BlackRock reasonably verifies the identity of the person giving consent over the telephone;
4.3.7.4. consent may be given at the time that clients request or use a product or service; or
4.3.7.5. consent may be given electronically over the Internet or by other electronic means, if the client can be reliably identified as the source of such consent.
4.3.8. A client may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. BlackRock Canada shall inform the client of the implications of such withdrawal. Absent any such withdrawal, consent is valid for the length of time needed to achieve the identified purposes.
4.4. Limiting Collection
The collection of personal information shall be limited to that which is necessary for the purposes