September 21, 2018

Legal & Regulatory

Disclaimers

All the information on this website is published in good faith and for general information purpose only. The information on this website is not an offer to sell and is not intended as an invitation to make an investment in any investment funds. Periscope Capital does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (Periscope Capital), is strictly at your own risk. Periscope Capital will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

Privacy Policy

Periscope Capital Inc. and its affiliates’ (collectively “Periscope”) policies on privacy are guided and governed by the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).  We also have clients outside Canada and we will adhere to the applicable privacy legislation impacting those clients.  Periscope values the privacy of our clients and are committed to protecting the privacy and confidentiality of the personal information belonging to our clients in our possession.

This Privacy Policy is intended to provide you with an outline of how we fulfill our privacy commitment to you.

Collecting Information

Periscope collects personal information to enable us to provide clients with services in connection with their investment, to meet legal and securities regulatory requirements and for any other purpose to which they may consent in the future.  This privacy policy governs the collection of personal information such as your name, address, phone number, email address, and tax identification numbers.  We collect your personal information from the following sources:

  • Subscription agreements or other forms and documents you complete
  • Transactions with us and our affiliates: and
  • Meetings, telephone conversations and electronic communications

Why We Need Your Information

Periscope collects and maintains your personal information in order to provide clients with the best possible service and allow us to establish your identity, protect Periscope from error and fraud, comply with applicable laws, assess your eligibility to invest in our Funds, and to determine the suitability of an investment in our Funds for you.

It is our policy that we will not sell your information.

Disclosing Information

Periscope may disclose personal information to third parties, when necessary, and to its affiliates in connection with the services provided related to their subscription, including:

  • Financial service providers, such as banks and others used to finance or facilitate transactions by, or operations of, our Funds;
  • Other service providers, such as accounting, legal or tax preparation services; and
  • Taxation and security regulatory authorities and agencies.
Disclosure of personal information to third parties may also occur where we have your consent to do so or where we are required or permitted to do so by law, including to taxation authorities and securities regulatory authorities. It is our policy that we will not sell your information.
 

Protecting Information

Periscope seeks to carefully safeguard the private information of its clients and restricts access to personal information concerning clients only to those employees and other persons who need to know the information to enable Periscope to provide services. Periscope employees are subject to a code of conduct concerning the confidentiality of all personal information they may access and are responsible for ensuring the confidentiality of all personal information they may access.

Investors’ personal information is maintained on our networks or on the networks of our service providers and is accessible at 333 Bay St., Suite 1240, Bay Adelaide Centre, Toronto, ON M5H 2R2.   Personal information may also be stored on a secure off-site storage network or facility.

We only collect personal information that is necessary. We will retain personal information as long as needed in order to satisfy the purposes identified when the information was collected or as long as regulations demand.  When we deem that we no longer need your information, we will delete electronic records and destroy physical record.

Providing Access

Upon request, we may provide you with access to your personal information as required by law.  You may access your personal information to verify its accuracy.  We will take reasonable steps to ensure that your personal information is accurate and up-to-date.  Having accurate information about you will enable us to provide the best possible service.  We expect you will provide us with updated information whenever you move or any other material changes to your information.

Our Website

If you access our website, certain information about your computer such as the address you are connecting from, may automatically be generated, collected, and logged by web servers.

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Your Right to Withdraw Consent

By opening an account with us, you have provided your consent for us to collect, use and disclose your personal information in the ways and purposes stated in this Privacy Policy.  If at anytime you wish to withdraw your consent please contact Periscope at 416.365.2785.  Please note that your ability to receive our services may be impacted if you withdraw your consent to the collection use and disclosure of your personal information as outlined in this Privacy Policy.

Investors resident in Ontario should be aware that Periscope is required to file with the Ontario Securities Commission a report setting out their name and address, the Class and Series of Units issued, the date of issuance and the purchase price of Units issued to each subscriber.  Such information is collected indirectly by the Ontario Securities Commission pursuant to the authority granted to it under securities legislation, for the purpose of the administration and enforcement of the securities legislation of Ontario.  By submitting a Subscription Agreement, a subscriber for Units authorizes such indirect collection of the information by the Ontario Securities Commission.  The following official can answer questions about the Ontario Securities Commission’s indirect collection of the information:

Inquiries Officer
20 Queen Street West, 22nd Floor
Toronto, Ontario  M5H 3S8
Telephone 416-593-8314
Toll free in Canada: 1-877-785-1555
Facsimile 416-593-8122
Email: exemptmarketfilings@osc.gov.on.ca