Fisher Investments Canada
Privacy & Cookie Policy

Last Updated:  August 2023

Fisher Asset Management, LLC (“Fisher Investments Canada”) is committed to protecting the privacy and confidentiality of your personal information. This Privacy & Cookie Policy sets out how Fisher Asset Management, LLC, which does business as Fisher Investments Canada and Fisher Investments, collects, uses, discloses, and retains personal information (as defined below) concerning current and prospective clients, employment applicants and employees who are residents of Canada, as well as visitors to Fisher Investments Canada websites (collectively, “Individuals” or “you”).

This Privacy & Cookie Policy also explains how Fisher Investments Canada uses cookies and similar technologies on its websites.

Your Consent

By providing (or authorizing another person or organization to provide) your personal information to Fisher Investments Canada, including when you use Fisher Investments Canada websites, you consent to the collection, use, disclosure, and retention of your personal information by and on behalf of Fisher Investments Canada as described in this Privacy & Cookie Policy and as otherwise permitted by applicable law.

If you give Fisher Investments Canada the personal information of another Individual, then you are solely responsible for complying with all applicable laws, including obtaining the Individual’s valid consent to your collection and disclosure of the personal information to Fisher Investments Canada and to Fisher Investments Canada’s collection, use, disclosure, and retention of the personal information as described in this Privacy & Cookie Policy and as otherwise permitted by applicable law.

Fisher Investments Canada may also seek additional consents from Individuals for the collection, use, or disclosure of their personal information through account opening documentation and other written agreements.

In some circumstances, you may choose not to provide certain requested personal information, but then you might not be able to establish or maintain a relationship with Fisher Investments Canada or receive some or all of Fisher Investments Canada’s services. Please see the Withdrawing Consent section of this Privacy & Cookie Policy.

What Personal Information Fisher Investments Canada Collects

When used in this Privacy & Cookie Policy, “personal information” means information about an identifiable individual (i.e., a natural person), but does not include (to the extent permitted by applicable law) information that is: (a) anonymized (including as a result of aggregation) so that the information cannot be directly or indirectly associated with an identifiable individual; (b) business contact information that enables an individual to be contacted at a place of business; or (c) not subject to regulation by Canadian personal information protection laws, including publicly available information.

For example, “personal information” may include your name, contact information, email address, employment history, payroll information and information relating to your account, including your identity and the services you use. It may also include other types of more technical information collected about Individuals who visit Fisher Investments Canada websites, but only when this information can be used to identify you as an individual.

Fisher Investments Canada may collect the following personal information concerning Individuals:

• Fisher Investments Canada requires that Individuals who request informational materials supply personal information, including name, address, telephone number and email address prior to receiving such materials; this personal information enables Fisher Investments Canada to provide you with the information you request.
• Fisher Investments Canada collects relevant personal information on applications and CVs from prospective employees via a careers website.
• Fisher Investments Canada collects other personal information that a prospective client, client, prospective employee, or employee may provide, such as financial statements or other information necessary to analyze a prospective client’s financial situation. This information may be provided orally or in writing by various means, including mail, phone, electronic message, online form, or in person.
• Fisher Investments Canada may place ads on publishers’ websites or within email content, either directly through the publisher of the website or via a third party. As a result of Individuals interacting with the advertising content, ad server companies may collect information about Individuals such as, IP address and clickstream data.
• Fisher Investments Canada websites use cookies and other tracking technologies such as pixels, tags, and web beacons to collect technical information, such as the IP address, browser used to view the website, operating system, resolution of screen, location, language settings in browser, the site directing to the Fisher Investments Canada site, keywords searched, the number of page views, inferences drawn from any personal information, etc. Please see the Cookie Policy section of this Privacy & Cookie Policy.
• Fisher Investments Canada may, with the consent of the Individuals concerned, collect other personal information, including: birth date and birth place, gender, education, occupation, employment history and information, information about activities, memberships, licenses, certifications or awards, benefits information, marital status, citizenship, visa information, identification numbers, financial situation, account numbers, personal interests, income, family information, banking details, compensation and payroll information, leave of absence information, dependents or beneficiaries (including name, address, email and phone), emergency contacts, background check information and health information.

Fisher Investments Canada may combine personal information collected from various sources.

Why Fisher Investments Canada uses personal information collected

Fisher Investments Canada may use personal information for the following purposes:

• To provide investment advisory and portfolio management services for clients and prospective clients.
• To meet legal and regulatory requirements and allow Fisher Investments Canada to meet contractual requirements relating to the services offered to clients.
• For internal record keeping purposes.
• To provide informational materials expressly requested by Individuals.
• To improve Fisher Investment Canada’s websites and services.
• To authenticate the identity and preserve the privacy of Individuals contacting Fisher Investments Canada by telephone, electronic means, or otherwise.
• Where permitted by law, to follow up by email, phone, or mail with Individuals who expressly request informational materials, including to:
  • provide information about Fisher Investments Canada, its services, as well as recent developments and other information that Individuals may find interesting; or
  • invite Individuals to participate in market research.
• Where permitted by law for direct marketing and for marketing purposes, including analyzing and improving marketing campaigns and enabling service providers to display Fisher Investments Canada advertisements on third party websites and social media platforms.
• To recruit and evaluate prospective employees for positions.
• To monitor and manage the employment relationship with its employees, including monitoring the advice process, recording, and monitoring certain telephone calls, processing payroll, and providing benefit programs.
• To supervise employees, including monitoring emails, voicemails and other activities as recorded on computer, telecommunications, and security systems.
• For internal training.
• As otherwise permitted by law.

Fisher Investments Canada may transfer personal information to service providers to assist Fisher Investments Canada in handling the personal information as explained in this Privacy & Cookie Policy and as otherwise permitted by applicable law, including custodians that hold Individuals’ assets managed by Fisher Investments Canada, dealers who execute trade order instructions for Individuals who are clients, companies that carry out sanctions and anti-money laundering checks, information technology security providers, marketing service providers including social media platforms, legal advisers, and auditors.

Fisher Investments Canada’s service providers may be located outside Canada. Please see the Transfers of Personal Information Outside of Canada section of this Privacy & Cookie Policy.

How Fisher Investments Canada discloses personal information collected

Fisher Investments Canada will not sell or lease personal information to third parties. However, Fisher Investments Canada may disclose your personal information as follows:

• In accordance with your specific consents. From time to time, Fisher Investments Canada may disclose your personal information in accordance with your express or implied consents given to Fisher Investments Canada or to the recipient individuals or organizations.
• As permitted or required by law. From time to time, Fisher Investments Canada may be compelled to disclose personal information in response to a law, regulation, court order, subpoena, search warrant, government investigation or other legally valid request or enquiry. Fisher Investments Canada also reserves the right to report to law enforcement agencies any activities that it believes, in good faith, to be unlawful or where required or permitted by law. Fisher Investments Canada may also disclose personal information when it has reasonable grounds to believe that the disclosure is reasonably necessary to protect the rights, property and safety of others and itself, in accordance with or as authorized by law.
• Business transactions. Fisher Investments Canada may disclose personal information to a third party in connection with a sale or transfer of business or assets or reorganization or financing of parts of its business.

Fisher Investments Canada has no responsibility or liability for the collection, use, disclosure, or retention of your personal information by any of the persons and organizations to whom Fisher Investments Canada discloses your personal information as explained above in this section. The collection, use, disclosure, and retention of the disclosed information by those persons and organizations is not subject to this Privacy & Cookie Policy.

Transfers of Personal Information Outside of Canada

Fisher Investments Canada is a company located in the United States of America. Fisher Investments Canada processes and stores information collected in Canada or from individuals located in Canada at Fisher Investments Canada’s offices and facilities in the United States of America.

Fisher Investments Canada may also transfer your personal information to service providers in foreign jurisdictions, including the United States of America and Costa Rica (where Fisher Investments Costa Rica FICR S.R.L., a wholly owned subsidiary of and service provider to Fisher Investments Canada, is located).

The personal information protection and privacy laws of the United States of America and Costa Rica are different from the laws of the Canadian jurisdiction in which you reside, and might permit the government, government agencies, courts, law enforcement agencies, and security authorities in those countries to access your personal information without notice.

Retention

Fisher Investments Canada retains your personal information for as long as is reasonably necessary for the purposes set out or referenced in this Privacy & Cookie Policy, to comply with Fisher Investments Canada’s legal obligations and to enforce or protect Fisher Investments Canada’s legal rights, or a longer period required or permitted by applicable law. Fisher Investments Canada will then delete or destroy records of your personal information in Fisher Investments Canada’s control, or anonymize the information, in accordance with applicable law.

Withdrawing Consent

You may withdraw your consent to Fisher Investments Canada’s collection, use, and disclosure of your personal information at any time on reasonable written notice to Fisher Investments Canada, subject to legal or contractual restrictions. To withdraw consent, you may contact Fisher Investments Canada via the online forms or in writing using the contact information in the Contact Us section of this Privacy & Cookie Policy.

If you withdraw your consent to the collection, use, and disclosure of your personal information, you might not be able to continue your relationship with Fisher Investments Canada or receive some or all of Fisher Investments Canada’s services.

If you withdraw your consent to the collection, use, and disclosure of your personal information, then Fisher Investments Canada may retain and use your personal information to comply with applicable law, to establish, enforce, and exercise Fisher Investments Canada’s rights and remedies, and for other purposes permitted by this Privacy & Cookie Policy or applicable law.

In addition, Individuals may at any time withdraw their consent to Fisher Investments Canada’s marketing communications as follows:

• Mail marketing and telephone marketing. Individuals who prefer Fisher Investments Canada not use their personal information to contact them by mail or telephone for marketing purposes may advise Fisher Investments Canada by using the information in the Contact Us section of this Privacy & Cookie Policy.
• Commercial Electronic Communications. Individuals can opt-out of receiving marketing emails by clicking the link labeled “unsubscribe” or “opt-out” at the bottom of any commercial electronic communication Fisher Investments Canada sends to you. Please note that even if you opt-out of such communications, Fisher Investments Canada may still need to contact you with important information about your account.
• Relevant Online Advertising. Individuals who prefer Fisher Investments Canada not use their personal information to provide them with relevant advertising on independent websites and social media platforms may advise Fisher Investments Canada by using the by using the cookie preference manager in the Cookie Policy.

How to Access and Correct Personal Information

Fisher Investments Canada will rely on you to ensure that your personal information held by Fisher Investments Canada is as accurate, complete, and up to date as necessary for the purposes for which Fisher Investments Canada uses the personal information. You must promptly notify Fisher Investments Canada of any changes to your personal information. You may do so by contacting Fisher Investments Canada’s Data Protection Officer using the contact information in the Contact Us section of this Privacy & Cookie Policy.

You may reasonably request access to your personal information under Fisher Investments Canada’s legal control and information about Fisher Investments Canada’s use, disclosure, and retention of your personal information by submitting a written request to Fisher Investments Canada’s Data Protection Officer using the contact information in the Contact Us section of this Privacy & Cookie Policy. Subject to applicable exceptions and limitations prescribed or permitted by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and have the information corrected as appropriate. You might be required to pay a reasonable fee for access to your personal information. Fisher Investments Canada may decline to process an access request that is unreasonably repetitive, frivolous, vexatious, or impracticable, or if the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

Depending on the jurisdiction where you reside, you may also have additional rights.

Security

In order to protect against unauthorized access or disclosure, Fisher Investments Canada has put in place reasonable physical, technical, and administrative measures designed to safeguard and secure personal information. Nevertheless, security risks cannot be eliminated, and Fisher Investments Canada cannot guarantee that your personal information will not be accessed, used, disclosed, or deleted in ways not described in this Privacy & Cookie Policy.

Other Websites and Social Media Platforms

Fisher Investments Canada’s websites may contain links to enable Individuals to visit other websites of interest easily. However, once Individuals have used these links to leave a Fisher Investments Canada website, Individuals should note that Fisher Investments Canada does not have any control over other websites. Therefore, Fisher Investments Canada cannot be responsible for the protection and privacy of any information that Individuals provide while visiting such sites and such sites are not governed by this Privacy & Cookie Policy. Individuals should exercise caution and review the privacy and cookie policies applicable to the website in question.

Fisher Investments Canada maintains a presence on various social media and technology platforms. The terms and conditions set by the operators of the various platforms apply to Fisher Investments Canada and any individuals who interact with Fisher Investments Canada through the platforms. These platforms collect and analyse interests expressed by their users and combine it with information provided by Fisher Investments Canada to optimize marketing. More information about the privacy practices of these platforms is available below on their websites including information about interest-based advertising.

• Facebook: Information about how Facebook processes personal information is available at https://www.facebook.com/about/privacy. The terms applicable to the various Facebook products set out the purposes for which personal information is collected and transmitted. More information on interest-based advertising is available at https://www.facebook.com/settings/ads.
• LinkedIn: Information about how LinkedIn processes personal information is available at https://www.linkedin.com/legal/privacy-policy. More information on interest-based advertising is available at https://www.linkedin.com/help/linkedin/answer/a1342443.
• Google: Information about how Google processes personal information is available at https://policies.google.com/privacy. More information on interest-based advertising is available at https://adssettings.google.com/anonymous?hl=en.

Cookie Policy

A cookie is a small text file with an identification tag that is created and downloaded to a user’s computer (or other device) when accessing websites that use cookies. Cookies allow a website to, among other things, store and retrieve information about a user’s online activity, browsing habits, or computer (or other device). Depending on the information they contain and user behaviour, cookies may be used to identify the user.

Cookies can be categorized by who places them:

• First-party cookies: These cookies are downloaded to an Individual’s computer (or other device) from a server or domain managed by the publisher of the website whose service the Individual is requesting.
• Third-party cookies: These cookies are downloaded to a computer (or other device) from a server or domain that is not managed by the publisher of the website, but by another entity that may be seeking data obtained through cookies.

Cookies can also be categorized by their duration:

• Session cookies: These cookies are designed to collect and store data while the Individual accesses a website. They are often used to store information for the duration of a visit to the website (e.g., what account you are logged into). Once an Individual leaves the website, the session cookie is deleted.
• Persistent cookies: These cookies store data on a computer (or other device) for the duration of the period set within the cookie’s file, which is determined by the entity controlling the cookie, and can range from a few minutes to several years, or until manually deleted.

Cookies can also be categorized by the function they serve. Fisher Investments Canada uses the following types of first and third-party cookies:

• Required: Required cookies are necessary to enable the basic features of the site to function. They keep track of whether or not a user has consented to have other types of cookies placed on their computer (or other device). Required cookies do not collect personal information. Required cookies may also include authentication cookies.
• Statistical: Statistical cookies analyse pseudonymised site statistics. They enable measuring the number of visitors and analysing how users interact with the website. This information is used to improve the website and the services offered.
• Marketing: Marketing cookies are used to understand user interests, provide relevant ads, and make a user’s online experience more enjoyable. They can be used to build a user profile to provide users with content more relevant to their interests. They adapt advertising and the content users see on other websites based on their website browsing habits, as well as how users interact with internet advertising.
• Preferences: Preferences cookies allow the website to personalise website content, such as the language selected for viewing the page. These also save a user’s cookie preference settings.

“Do Not Track” Signals

Some internet browsers send signals to each website visited, giving notice of the user’s privacy preferences. Fisher Investments websites recognize signals sent through “Global Privacy Control” and will honor requests to limit information sharing. Please keep in mind that Global Privacy Control signals are limited to the device and browser. Users should enable Global Privacy Control on each device and browser. If users block or clear cookies, they may need to re-enable Global Privacy Control.

How to Manage Cookies

You can manage your preferences for cookies installed by the Fisher Investments Canada website (including for cookies relating to advertising) by using the cookie preference manager (click here).

For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit the websites All About Cookies (www.allaboutcookies.org), Your AdChoices (https://youradchoices.com), and the Network Advertising Initiative (https://thenai.org).

You may also adjust the cookies settings of your browser but disabling cookies may affect the performance or functionality of the websites you visit. If you wish to delete, disable, or re-enable cookies, you may do so through your browser as follows:

• Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/view-cookies-in-microsoft-edge-a7d95376-f2cd-8e4a-25dc-1de753474879#:~:text=View%20Cookies%20in%20Microsoft%20Edge%201%20Open%20Microsoft,all%20cookies%20saved%20on%20your%20device.%20See%20More
• Chrome: https://support.google.com/chrome/answer/95647?hl=en
• Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
• Safari: http://www.apple.com/ca/support/mac-apps/safari/
• All other browsers: Please look for a ‘help’ function in the browser or contact the browser provider.

Disclaimers, Liability Exclusions/Limitations and Disputes

Your agreements with Fisher Investments Canada contain provisions disclaiming, limiting, or excluding the liability of Fisher Investments Canada and other persons and organizations and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy & Cookie Policy or Fisher Investments Canada’s collection, use, disclosure, and retention of your personal information. Nothing in this Privacy & Cookie Policy amends any of those other agreements.

Email Notices to You

You consent to Fisher Investments Canada sending you emails (to the email addresses you provide to Fisher Investments Canada) regarding this Privacy & Cookie Policy and related matters and as otherwise permitted by applicable law.

Changes to this Privacy & Cookie Policy

Fisher Investments Canada may change this Privacy & Cookie Policy from time to time. Fisher Investments Canada will post each revised Privacy & Cookie Policy on the website at https://www.fisherinvestments.com/en-ca/privacy, and will provide additional notice of changes to this Privacy & Cookie Policy if and as required by applicable law. All changes to this Privacy & Cookie Policy will be effective when the revised Privacy & Cookie Policy is posted on the website, unless the revised Privacy & Cookie Policy states otherwise. Fisher Investments Canada’s collection, use, disclosure, and retention of your personal information will be governed by the version of this Privacy & Cookie Policy in effect at that time.

By continuing to use Fisher Investments Canada’s services or website after a change to this Privacy & Cookie Policy is effective, you confirm your acceptance of the change and consent to the collection, use, disclosure, and retention of your personal information by Fisher Investments Canada as explained in the revised Privacy & Cookie Policy. It is your responsibility to ensure that you read, understand, and accept the latest version of this Privacy & Cookie Policy. The “Last Updated” date of this Privacy & Cookie Policy (at the top of this Privacy & Cookie Policy) is the date this Privacy & Cookie Policy was last revised.

Contact Us

If you have any questions or complaints about how Fisher Investments Canada handles your personal information, please contact Fisher Investments Canada’s Data Protection Officer by postal mail or email at:

Fisher Investments Canada
Attention: Data Protection Officer
6500 International Parkway, Suite 2050
Plano, Texas 75093, USA
privacy@fi.com
1 (888) 291-0675

In each case, please ensure that you provide your full name and address in exactly the form in which they were originally provided to Fisher Investments Canada to avoid any possible confusion with a different Individual.

Individuals may withdraw consent at any time via the Company’s online form at https://www.fisherinvestments.com/en-ca/campaigns/unsubscribe/zu. Individuals may also unsubscribe from direct email marketing via the Company’s online form at https://www.fisherinvestments.com/en-ca/unsubscribe.