Doherty & Associates Investment Counsel is committed to protecting the privacy of our customers and regards this as an integral part of the service we provide you. Each employee is responsible for ensuring the confidentiality of all personal information they may access. In addition, every employee annually signs a code of conduct, which includes provisions on the protection of personal information, and signs our privacy and corporate information securities policies.


We want you to understand:
• What is meant by personal information;
• Why we collect and use your personal information;
• Why we ask others for information about you;
• How we protect your information;
• Your right to access your information; and
• How your concerns may be addressed.



Personal Information
Personal information refers to information that identifies you. It may include information such as your age, marital status, employment history, social insurance number, credit history, home address, personal e-mail address and home telephone number.


Why do we need your personal information?
We require your personal information in order to establish a relationship with you, meet our fiduciary obligations, and provide you with the best possible service - the better we know you, the better we can serve you. Your signature, financial history, current financial position, social insurance number, age, investment objectives and risk tolerances, and other similar personal information allow us to:
• Establish your identity;
• Understand and assess your eligibility for our services;
• Understand your needs to ensure we may offer you appropriate services to meet those needs;
• Protect you and us from error and fraud; and
• Comply with the law.


How do we obtain your personal information?
Personal information is obtained primarily from you, although we may also obtain information from other sources with your consent. These other sources may include, but are not limited to, your accountant, financial advisor, other AGF affiliates, credit bureaus, other financial institutions, etc.


How do we use your personal information?
The information we ask for depends on the product or service you want. For every product and service we require your name, address and certain information to identify you. Before or at the time of collecting any personal information we will advise you of the purpose for the collection. Use of your information may include the following purposes:
• To ensure our records are accurate;
• To establish and administer your account;
• To execute transactions or provide you with the desired service;
• To maintain, store, record and determine your account records;
• To verify previously given information when necessary;
• To provide you and your representatives with account information;
• To support your investment needs;
• To assess your eligibility for a particular service;
• To protect the interests of Doherty & Associates Investment Counsel, such as the collection of a debt owed; and
• To meet legal, fiduciary and regulatory requirements, for example, Canada Customs and Revenue Agency's income reporting requirements.

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Who do we disclose your personal information to?
Your personal information will only be used for the purposes stated at the time of its collection to assist us in providing you with the best possible service. To meet your service requirements, Doherty & Associates Investment Counsel may also provide your personal information to other third parties. Third parties that may be provided with your personal information include:
• Your financial representative (e.g. accountant);
• Other financial institutions, including credit bureaus;
• Affiliates of AGF Management Limited;
• Third-party service providers, who provide administrative and other services to our firm;
• Canadian governments, government agencies and regulators; and
• Any other legally required institutions.

Contracts between Doherty & Associates Investment Counsel and third-party service providers ensure appropriate controls and protections and are in place at the service provider level to protect your personal information. Our service providers may, from time to time, sub-contract certain administrative services to other service providers that may not reside in Canada and require access to certain personal information to perform contracted services. In this case, Doherty & Associates Investment Counsel service providers are responsible for ensuring appropriate security measures and controls are in place to protect your personal information from unauthorized use, loss, theft, alteration and destruction.


Disclosing your personal information when required or permitted by law:
Doherty & Associates Investment Counsel may be required to provide your personal information in response to a search warrant, order to produce information or any other legally valid demand or inquiry. We may also disclose your personal information to help us collect a debt owed by you.


Obtaining Your Consent
Before we provide you with services you may be required to complete account-opening documentation, including "Know Your Client" information. This documentation identifies how the personal information you provide will be used. You provide your consent when you sign and return this documentation. Also, consent may be obtained verbally at the time you provide us with your personal information. Doherty & Associates Investment Counsel will not use your personal information without first obtaining your consent, and will only use it for the purposes stated at the time of collection.


Withdrawing your consent:
You may withdraw your consent for the use of your personal information by contacting Doherty & Associates Investment Counsel at any time. Legal and other requirements may prevent you from withdrawing consent and your decision to withdraw personal information may also limit the services or products Doherty & Associates Investment Counsel is able to provide to you.

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Why we ask others for information about you:
With your consent, we may obtain information about you from third parties. Obtaining additional information from third parties helps us determine your eligibility for our services. It also gives us access to the information necessary to provide you with the material or assistance you request.
For example, to transfer securities in kind we need to communicate with your broker and/or custodian. We may also need to assess the value and suitability of securities to be transferred. For this reason, we may contact other financial institutions to provide us with the relevant information. We may also contact other third parties to verify information you have provided.


Access to and accuracy of your personal information:
Upon request Doherty & Associates Investment Counsel will provide you with access to your personal information. In addition, we may provide you with a list of third parties to whom your personal information was given. Contact our Privacy Officer by fax or by mail as noted below.

You may request to update your personal information. We may not update or change personal information unless it is necessary to fulfill the purposes for which it was collected.

In certain circumstances Doherty & Associates Investment Counsel may not be able to provide you with certain information. For example: (i) information containing references to other persons (ii) information containing propriety information confidential to Doherty & Associates Investment Counsel or its affiliates (iii) information that has been destroyed or (iv) information that is too costly to retrieve.


Where is your personal information kept?
Your personal information may be kept in electronic or paper format in the offices of Doherty & Associates Investment Counsel, its affiliates or its third party service providers. Your information may also be kept in off-site storage facilities. Our service providers may, from time to time, sub-contract certain administrative services to other service providers that may not reside in Canada and require access to certain personal information to perform contracted services.


Protecting Your Information
Policies, procedures, guidelines, and safeguards have been put in place at Doherty & Associates Investment Counsel to ensure your personal information is protected in accordance with all applicable privacy legislation, including the Federal legislation known as the Personal Information Protection and Electronic Documents Act.

We have thorough standards to protect our systems against unauthorized access, use alteration, duplication, destructions, disclosure, loss or theft.

Our employees, who are bound by our Code of Conduct, Corporate Information Security Policy and Privacy Policy, and our service providers, have access to your personal information to enable them to perform their duties in servicing you. We have guidelines in place to ensure our service providers, agents and affiliates meet our security standards and as part of their contracts with us they are bound to keep your information confidential.

Any personal information collected from you will only be used for the purposes identified at the time of collecting the information and will be retained for as long as is necessary to fulfill the service, or as required by law.

Security measures including passwords, restricted access to our offices and records, physical access security, and file encryption have been put in place to protect your information against unauthorized access, modification, loss, theft or general misuse.

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Complaints

Clients may direct any complaints relating to the account to their relationship manager, senior complaints officer and/or the compliance officer by submitting the complaint to info@doherty.ca.  For privacy complaints, escalate to privacy@agf.com. Independent dispute resolution services, in the event of unresolved complaints, is available free of charge and coordinated by Doherty's Chief Compliance Officer.




Resolving your complaints: 

If you have a complaint about our services or a product, contact us at:

Doherty & Associates Ltd
56 Sparks Street, Suite 700
Ottawa, Ontario K1P 1A9
info@doherty.ca

You may want to consider using a method other than email for sensitive personal information.

Tell us

• what went wrong
• when it happened
• what you expect, for example, money back, an apology, account correction

 

Help us resolve your complaint sooner

• Make your complaint as soon as possible.
• Reply promptly if we ask you for more information
• Keep copies of all relevant documents, such as letters, emails and notes of conversations with us

 

We will acknowledge your complaint

We will acknowledge your complaint in writing, as soon as possible, typically within 5 business days of receiving your complaint. We may ask you to provide clarification or more information to help resolve your complaint.

 

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We will provide our decision

We normally provide our decision in writing, within 90 days of receiving a complaint. It will include:

• a summary of the complaint • the results of our investigation
• our decision to make an offer to resolve the complaint or deny it, and an explanation of our decision

If our decision is delayed

If we cannot provide you with our decision within 90 days, we will:

• inform you of the delay
• explain why our decision is delayed, and
• give you a new date for our decision

 

You may be eligible for the independent dispute resolution service offered by the Ombudsman for Banking Services and Investments (OBSI)

 

If you are not satisfied with our decision

You may be eligible for OBSI’s dispute resolution service.

 

If you are a Québec resident

You may consider the free mediation service offered by the Autorité des marchés financiers.

 

A word about legal advice

You always have the right to go to a lawyer or seek other ways of resolving your dispute at any time. A lawyer can advise you of your options. There are time limits for taking legal action. Delays could limit your options and legal rights later on.  

Taking your complaint to OBSI

You may be eligible for OBSI’s free and independent dispute resolution service if:

• we do not provide our decision within 90 days after you made your complaint, or
• you are not satisfied with our decision

 

OBSI can recommend compensation of up to $350,000.

 

OBSI’s service is available to clients of our firm. This does not restrict your ability to take a complaint to a dispute resolution service of your choosing at your own expense, or to bring an action in court. Keep in mind there are time limits for taking legal action.

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Who can use OBSI

You have the right to use OBSI’s service if:

• your complaint relates to a trading or advising activity of our firm or by one of our representatives
• you brought your complaint to us within 6 years from the time that you first knew, or out to have known, about the event that caused the complaint, and
• you file your complaint with OBSI according to its time limits below

 

Time limits apply

• If we do not provide you with our decision within 90 days, you can take your complaint to OBSI any time after the 90-day period has ended.
• If you are not satisfied with our decision, you have up to 180 days after we provide you with our decision to take your complaint to OBSI.

 

Filing a complaint with OBSI

 

Contact OBSI

Email: ombudsman@obsi.ca

Telephone: 1-888-451-4519 or 416-287-2877 in Toronto

 

OBSI will investigate

OBSI works confidentially and in an informal manner. It is not like going to court, and you do not need a lawyer.

During its investigation, OBSI may interview you and representatives of our firm. We are required to cooperate in OBSI’s investigations.

 

Information OBSI needs to help you

OBSI can help you best if you promptly provide all relevant information, including:

• your name and contact information
• our firm’s name and contact information
• the names and contact information of any of our representatives who have been involved in your complaint
• details of your complaint
• all relevant documents, including any correspondence and notes of discussions with us

 

OBSI will provide its recommendations

Once OBSI has completed its investigation, it will provide its recommendations to you and us. OBSI’s recommendations are not binding on you or us.

OBSI can recommend compensation of up to $350,000. If your claim is higher, you will have to agree to that limit on any compensation you seek through OBSI. If you want to recover more than $350,000, you may want to consider another option, such as legal action, to resolve your complaint.

For more information about OBSI, visit www.obsi.ca

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