The terms and expressions in capitals which are not otherwise defined have the meaning given to them in Section 2.
INVESTISSEMENT TREEOFLIVES I, S.E.C. (“TOL,” “us” or “our”) intends to protect Personal Information it gathers in the operation of its business and in maintaining its commercial relationships.
This notice regarding the protection of Personal Information (the “Notice”) explains TOL’s practices about the processing, gathering, use, disclosure, retention and destruction of Personal Information which we collect about you when you visit our Website https://treesoflives.com/ (the “Website”) or when you use TOL’s online investment platform (the “Platform”, together with the Website; the “Service”) pursuant to Privacy Laws.
We take the measures required to ensure that the Personal Information we gather is adequate, relevant, not excessive and is used for limited purposes. In certain circumstances, some of the provisions of this Notice exceed the requirements of Privacy Laws and in such circumstances, TOL has entire discretion to apply them.
The Notice also describes the rights to the protection of Personal Information of which the Data Subjects may have the benefit, namely the right to contest how TOL may process that information.
This Notice does not however apply to Personal Information collected by:
(a) us, offline, by any other means, including any other Website operated by a third party. In such a case, please refer to the CPO mentioned in Section 3.1.1, who may forward you our notice applicable to this type of information collecting as the case may be; and
(b) any third party, by any application or content (including publicity adds) which may linked or be accessed from or with the Service.
The Service is not for the use of children (less than 18 years old) and we do not deliberately collect Data Subjects regarding such children.
It is important to read this Notice with any other protection of personal information notice which we may forward you occasionally when we collect your Personal Information to ensure that you are fully aware of the ways and purposes in which and how we use your Personal Information. This Notice completes any other notice or policy regarding the protection of Personal Information and is not deemed to replace such. If you do not agree with our protection of Personal Information policies and practices which comply with Privacy Laws, you must choose not to use the Service.
By actively sending us your Personal Information through direct interaction with the Service, you assure us that you understand, accept and consent to the practices described in this Notice. Please note that when we collect Personal Information in a way in which you are not likely to be aware of, for example, by the use of cookies or any other tracing technology, we will obtain your specific prior consent (opt-in) or implicit consent (opt-out), as required under Privacy Laws.
The Notice is drafted in compliance with applicable Privacy Laws and is accessible to you in various tabs to allow you to click on the specific sections mentioned below.
State-Specific Disclosures
We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain states. If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
“Commercial Information” means any Personal Information identified in Section 4.4.
“Cookie Notice” means our notice describing how we deal with cookies and other tracers. You may access this notice by clicking here.
“Data Subject” or “you” means any identified or identifiable person about whom TOL collects Personal Information through the Service, whether that person is merely a visitor to the Website or is a user having opened a user account on the Platform.
“Identity and Contact Information” means any Personal Information identified in Section 4.1.
“Invoicing Information” means any Personal Information identified in Section 4.3.
“Marketing Information” means any Personal Information identified in Section 4.7.
“Personal Information” means any information relating to an identified or identifiable natural person, excluding information that is not considered to be Personal Information under Privacy Laws. For more certainty, an “identifiable natural person” is a physical person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Privacy Laws” means all applicable laws governing the processing of Personal Information, including the Act Respecting the Protection of Personal Information in the Private Sector, S.Q., ch. P-39.1, the Personal Information Protection and Electronic Documents Act, S.C. 2000, ch. C 5 as well as regulations, interpretation bulletins, notices and decisions of their related enforcement organizations.
“Sensitive Economic and Financial Information” means any Personal Information identified in Section 4.8.
“Sensitive Identity and Contact Information” means any Personal Information identified in Section 4.2.
“Special Sensitive Personal Information” means any Personal Information identified in Section 4.9.
“Technical Information” means any Personal Information identified in Section 4.6.
“User or Profile Information” means any Personal Information identified in Section 4.5.
TOL is responsible for the processing of the Personal Information it deals with and it has appointed a Chief Privacy Officer (the “CPO”) who ensures that TOL complies with Privacy Laws.
Investissement Treesoflives I, S.E.C. 2327, boulevard du Versant nord, #215.3 Quebec, Quebec, G1N 4C3 Canada Phone: 1 581-681-3365
Email: info@treesoflives.com 3.1.2 CPO Contact Details: Vincent Crépin 2327, boulevard du Versant nord, #215.3 Quebec, Quebec, G1N 4C3 Canada Phone: 1 581-681-3365
You are entitled to file a complaint at any time with a supervisory authority:
a) If you submit your Personal Information when you are in Quebec: to the Access to Information Commission (www.cai.gouv.qc.ca);
b) In certain circumstances you may submit your Personal Information when you are in Alberta: to the Office of the Information and Privacy Commissioner of Alberta (https://www.oipc.ab.ca/);
c) In certain circumstances you may submit your Personal Information when you are in British Columbia: to the Office of the Information and Privacy Commissioner of British Columbia (https://www.oipc.bc.ca/);
d) In certain circumstances you may submit your Personal Information when you are in the European Economic Area (“EEA”): to a supervisory authority in that territory such as the CNIL (www.cnil.fr) or the Data Protection Commission of Ireland (www.dataprotection.ie), for exemple;
e) If you submit your Personal Information when you are elsewhere in the world and if the supervisory authority of that area does not have jurisdiction: to the Access to Information Commission (www.cai.gouv.qc.ca).
We would however appreciate being able to answer your questions or discussing your issue with you before you contact such a supervisory authority. We would appreciate if you would contact us first.
For the purposes of the Service concerning you, TOL restricts its collection of Personal Information to the information required to ensure that you have access to the Service.
TOL collects and processes the following Personal Information:
Your first name, family name and email address with which you open an account or subscribe to our newsletters as well as the name of your organization in certain situations, address; country and date of birth.
Your social insurance number, number of dependent child if applicable and marital status; passport number; driving licence number, national identification number, signature.
Your first name, family name, username, Investment certificate.
The Personal Information provided in the contract relationship or customer relationship between you and TOL;
Your username, password to access Website and/or the Platform, information about the way in which you use the Service, including the display language, investments made by you; services requested, marketing communications respondent to; survey response, the Services you consulted or researched, the page answering times, downloading errors, duration of visits and information concerning interactions with pages (namely scrolling, clicks and mouse dragging), which are all processed using cookies. For more information about our use of cookies or similar technology, please read our Cookie Notice.
Information collected during your visits to our Website or your use of the Platform. This information includes your Internet Protocol (IP) address, your location data, your connection and weblog data, referred Internet addresses and other communications data, research conducted and pages visited, the time, date, linguistic preferences, the browsers you use and their versions, the types and versions of additional browser modules, type of device, time zone parameters, operating system and the platform used by the devices with which you browse or connect to and use the Service. To facilitate your use of the Service or for future communications, TOL or its service providers may use cookies to gather information regarding the Internet connection and how and when you consult the Service. For more information about our use of cookies or similar technology, please read our Cookie Notice.
Your preferences regarding the receipt of marketing emails or other marketing tool sent by the Service, third-party marketing tools and your communication preferences. Any TOL marketing email may contain a “Web Beacon” unique to its publicity campaign, the purpose of which is to confirm its opening, and when combined with other technologies, if you have clicked on the links in the email. TOL may use this information namely to determine which emails interest you the most and to know if you want to receive any emails from TOL.
The Web Beacon will be deleted once you delete the email. If you do not want the Web Beacon to be downloaded by your device which opens that email, you must select not to download images from TOL in the parameters of your electronic messaging account. You may also not click on the links in the TOL marketing emails. This information may be linked to your personal identity.
Your income and a proof of income, total assets and proof of those assets, number back-up account; credit card number, historical financial transactions, account balances.
We usually do not process any Personal Information dealing with your racial or ethnic origin, your political opinions, religious convictions, trade-union activities, your physical or mental health, your sex life and sexual orientation or details about criminal offences or genetic or biometric data. If however you do disclose such information in your answers to the questionnaires hosted on our Platform, we will process them in compliance with this Notice.
TOL would like to inform you about what follows:
If you provide us with Personal Information concerning any natural person other than yourself, you must ensure that they understand the use that will be made of their Personal Information and that they gave you the authorization to disclose it to us and to allow our suppliers to use it.
Accordingly, before this information is disclosed to us, you must obtain the informed consent of each person for the disclosure of his/her Personal Information and for the subsequent use of said Personal Information by TOL, in compliance with this Notice, unless the law permits otherwise.
In addition, some of the information mentioned in Section 4 is not Personal Information when it does not allow identifying you directly or in combination with other information. As a precautionary measure, TOL may handle this information as if it is Personal Information, but it has the right not to.
The Service may contain links to websites, plug-ins and third-party applications. By clicking on these links or by authorizing such connections you may allow third parties to collect or share Personal Information about you. We have no control over third-party activity and we are not responsible for their notices or policies regarding the protection of Personal Information. When you log off the Service to use these tools, we encourage you to read the notices or policies regarding the protection of Personal Information which governs them.
TOL collects Personal Information about the Data Subject to provide its customers and final users an online investment platform, which may be used by TOL’s customers to make their own investment. TOL shall collect, use disclose or otherwise deal with this information only to the extent required for such purposes. If TOL is to use, disclose or otherwise deal with the Personal Information of a Data Subject for purposes other than those mentioned in this Notice, TOL shall obtain the consent of the Data Subject before using, disclosing or otherwise dealing with this information, except in the circumstances specified in Section 10 of this Notice.
TOL collects Personal Information to the extent authorized by law for the following purposes:
Purpose of Processing | Category of Personal Information | Lawful basis for processing including basis of legitimate interest |
---|---|---|
a) To register you as a new customer | (a) Identity and Contact Information | a) Performance of a contract with you |
b) To process and deliver the Service including, investment and fund transfer | (a) Identity and Contact Information b) Invoicing Information c) Commercial Information d) Marketing Information e) Sensitive Economic and Financial Information |
a) Performance of a contract with you |
c) To protect our business with the appropriate waiver, incident report or other documents limiting our liabilities | a) Identity and Contact Information b) Commercial Information |
a) Necessary to comply with a legal obligation |
d) To manage our customer-seller relationship with you. | a) Identity and Contact Information b) User and Profile Information c) Marketing Information |
a) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
e) To notify you about changes to our Terms of Use, Privacy Notice or Cookie Notice. | a) Identity and Contact Information b) User and Profile Information c) Marketing Information | a) Necessary to comply with a legal obligation |
f) To ask you to leave a review or take a survey | (a) Identity and Contact Information b) User and Profile Information c) Marketing Information |
a) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
g) To enable you to partake in a prize draw, competition or complete a survey | (a) Identity and Contact Information b) User and Profile Information |
a) Necessary to comply with a legal obligation |
h) To protect our business and this Website (including safety measures against intrusion into our systems) | a) Identity and Contact Information | a) Necessary to comply with a legal obligation |
i) To prevent Personal Information breach | (a) Identity and Contact Information | a) Necessary to comply with a legal obligation |
j) To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity and Contact Information (b) User and Profile Information (c) Marketing Information (d) Technical Information. |
(a) Performance of a contract with you b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
k) To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences | a) Identity and Contact Information (b) User and Profile Information (c) Marketing Information (d) Technical Information. |
(a) Performance of a contract with you b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
l) When you give us your consent, to keep you informed about the latest developments, adds and other information about the Service and our solutions (namely presentations, bulletins and other news), our events and initiatives; to forward you details about customer polling, marketing campaigns, market analyses and other promotional activates | (a) Identity and Contact Information (b) User and Profile Information (c) Marketing Information (d) Technical Information. |
(a) The consent of the Person concerned |
m) Support the Data Subject while investing, for example when the Data Subject requires technical assistance in using the Service and in answering any question and resolving any concerns in connection with the Service and dealing with them | (a) Identity and Contact Information (b) User and Profile Information (c) Sensitive Economic and Financial Information (d) Technical Information. |
(b) User and Profile Information(b) User and Profile Information(a) Performance of a contract with you (b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
n) Make the investor profile available to a broker | (a) Identity and Contact details (b) User profile Information (c) Sensitive Economic and Financial Information (d) Sensitive Identity and Contact Information. |
(a) Performance of a contract with you |
o) Disclose the investor certificate to the appropriate regulatory authority | (a) Identity and Contact details (b) Investment Information |
(a) Necessary to comply with a legal obligation |
TOL will forward you only marketing information if you chose in those cases required by law, to receive this type of information or if you have the ability to decide at any time to no longer receive it.
TOL shall not use your Personal Information to make automated decisions to create profiles or having an impact on profiles for purposes other than those mentioned above.
TOL shall not use Personal Information for purposes other than those for which it was collected, except if the Data Subject consents thereto, unless:
a) It is not possible to obtain consent for legal, medical or security reasons; or
b) TOL is authorized to do so or is required to do so under applicable laws.
Circumstances in which TOL may collect Personal Information about you include the following:
You may disclose to us your Personal Information, such as regarding your identity, contacts and invoicing when you or your enterprise: a) Use the Service;
b) Fill out a form, make a request, interact with or browse on the Service;
c) When you contact us by phone, email or other electronic means or in writing or when you directly provide us with other information, namely with conversations held with any member of the TOL team when using the Service.
While you browse on the Website or use any other part of the Service, we automatically collect your Technical Information and some of your User or Profile Information.
When we must collect Personal Information by law or pursuant to the conditions of the contract governing the Service and if you refuse to provide some Personal Information, it is possible that we may not be able to deliver the Service or part of it, to you. In such case, we may have to cancel our commitment to you. You will however be notified if such a situation should occur.
TOL will collect Personal Information about you from third parties only after having obtained your consent or to the extent authorized by law. In certain circumstances, TOL may by law have to collect, use or disclose your Personal Information without your knowledge or consent.
Where Personal Information has not been provided to TOL by you, the CPO will provide you with the following information within a reasonable period of time after obtaining the Personal Information, but no later than one month:
a) the identity and contact information of the Personal Information Controller and, if applicable, the Personal Information Controller's representative
b) the contact details of the Privacy Officer, if any;
c) the purposes of the processing for which the Personal Information is intended and the legal basis for such processing;
d) the categories of Personal Information involved;
(e) the recipients or categories of recipients of the Personal Information, if any;
f) if applicable,TOL's intention to transfer Personal Information to foreign-based recipients, a description of the appropriate or adequate safeguards in place to ensure that such transfer is made in compliance with Privacy Laws and how the Individual may obtain a copy of such safeguards or where they have been made available;
g) the length of time the Personal Information will be retained or, where this is not possible, the criteria used to determine this length of time;
h) if the processing is based on legitimate interests of TOL or a third party, those legitimate interests;
i) the existence of the right to request from TOL access to or rectification or erasure of Personal Information, or the restriction of processing in relation to the Data Subject, as well as the right to data portability and to object to processing;
j) when the processing is based on consent, the existence of the right to withdraw consent at any time, without prejudice to the lawfulness of the processing based on consent carried out prior to the withdrawal of consent;
k) the right to lodge a complaint with a supervisory authority;
l) the source of the Personal Information and whether it comes from publicly available sources; and
m) if there is automated decision-making, including profiling, and at least in such cases, relevant information about the underlying logic and the significance and intended consequences of such processing for the Data Subject.
TOL is not required to inform the Data Subject of the foregoing if:
n) the Data Subject already has the information;
o) the provision of such information is impossible or would require disproportionate effort;
p) the applicable law expressly provides for the collection and disclosure of such information and appropriate measures to protect the legitimate interests of the Individual; or
q) the Personal Information must remain confidential, being subject to a duty of confidentiality required by law.
TOL may disclose your Personal Information:
a) To our entities which are members of the same group for the purposes of our delivery of services to you, as specified in this Notice;
b) To our outsourced service providers based in Canada which we specifically use for the purposes of the Service, which are sub-contractors:
i) VoPay (https://vopay.com/privacy-policy/);
ii) CapeCove (514-447-8070/1-877-226-4007 or info@capecove.ca)
c) To our outsourced service providers based in the United States which we specifically use for the purposes of the Service and which are sub-contractors:
i) Sila (https://silamoney.com/privacy-policy/);
ii) Plaid (https://plaid.com/legal/);
iii) Amazon Web Services (https://aws.amazon.com/privacy/?nc1=f_pr);
iv) Calendly (https://calendly.com/fr/pages/privacy);
v) Google analytics (https://policies.google.com/privacy?gl=CA&hl=en); and
vi) Mail Chimp (https://mailchimp.com/legal/privacy/).
d) To our outsourced service providers based in Canada, which have a need to know some of your Personal Information to deliver their services to us, such as credit risk mitigation, fraud and crime prevention or the delivery of similar services, namely financial institutions, credit evaluation institutions and regulatory organizations;
e) To our professional advisers, (accountants, tax specialists, auditors, bankers, insurers, attorneys, broker, etc.) based in Canada, who have a need to know some of your Personal Information to deliver their services to us;
f) To Canada Revenue Agency, to Quebec Revenue Agency or to any other public authority based in Canada or in any other jurisdiction in which we may be required to submit Personal Information about you pursuant to any law, regulation or directive which applies to us;
g) To courts, law enforcement authorities, regulatory authorities, civil servants or attorneys or to any other party when such is reasonably necessary to initiate, participate in or contest legal proceedings or for an alternative dispute settlement process;
h) In the case of a bankruptcy, amalgamation, sale or transfer of TOL’s assets, an acquisition or a similar transaction. In case of such a transaction in which your Personal Information is to be transferred to a third party, we shall use reasonable means to notify you. For example, we will post a notice of transfer of Personal Information on the Service and if we have your email address, we will forward a notice of transfer of Personal Information to that address. In addition, we will require that the third party receiving your Personal Information for such purposes, agrees to protect the confidentiality of your Personal Information in compliance with this Notice and that it complies with Privacy Laws. It shall also process your Personal Information only in compliance with this Notice unless it gives you prior notice and when required by law, by obtaining your prior consent;
i) If we consider in good faith that this measure is appropriate or necessary to avoid an infringement of our Terms of use of the Service or of any other agreement to which you are a party; to protect ourselves from a claim; to protect our rights, property, security or those of a partner, person or of the general public, to maintain and ensure the security and integrity of the Service or of our infrastructures from any abusive or illegal use.
We require that any third party respects the security of your Personal Information and process such pursuant to law. We allow only our own service providers to deal with your Personal Information for specific purposes and according to our instructions. 10.3 Application of Law and Communication by Law. We may disclose your Personal Information if we consider in good faith that this measure is required under legal process, a warrant or under any other judicial or administrative decision rendered by law.
We may disclose your Personal Information if we consider in good faith that this measure is required under legal process, a warrant or under any other judicial or administrative decision rendered by law.
TOL, its third-party service providers and other third parties to whom TOL discloses Personal Information under the Notice, may carry on activities outside of Canada. Any Personal Information about a Data Subject, which is used, stored or consulted in foreign countries, may be subject to the laws of those countries (for example, when a third-party service provider carries on activities on a global scale). Accordingly, Personal Information may be disclosed following valid requests or requirements of government authorities, courts or authorities which enforce the laws of foreign countries.
We require that our service suppliers and other third parties to whom we disclose Personal Information process said Information only in Canada, except for the following Personal Information which is processed by the following service providers:
a) We use the following services of Amazon Web Services, Inc.: DynamoDB, Cognito, S3, API Gateway, CloudFront, Lambda, Simple Email Service, Cloudtrail, Cloudwatch, which are delivered in the United States of America by Amazon Web Services Inc., we have entered into a contract with Amazon Web Services, Inc. regarding processing of Personal Information. Because we use Amazon’s servers and services in cloud computing mode, Amazon Web Services Inc. receives all of your Personal Information which we collect.
Many of our service providers are based outside of Canada and the EEA and therefore their processing of your Personal Information will involve a transfer of your Personal Information outside of Canada and the EEA. However, such transfer will not necessarily be from the EEA to such other location outside the EEA as the first processing of your Personal Information may have been carried out in Canada.
In all cases in which your Personal Information is transferred to a jurisdiction other than Canada, we ensure that your Personal Information is safely processed in compliance with this Notice and that no transfer of your Personal Information will be made to an organization or country unless appropriate safeguards, including those concerning the safety of your Personal Information are provided, including Personal Information processing agreements, unless Privacy Laws do not require it. These appropriate safeguards for such a transfer outside of Canada may be obtained on request to the TOL’s CPO whose contact details are given above at Section 3.1.2.
For any questions about the collection, use, disclosure or storing of Personal Information outside of Canada, please contact TOL’s CPO whose contact information is given above at Section 3.1.2.
TOL retains Personal Information for only as long as is reasonably necessary to fulfil the purpose for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements and to assert or defend its legal rights.
To determine the appropriate duration of the retention of your Personal Information, we will consider the number, nature and sensitivity of the Personal Information, the potential risk level and the seriousness of the unauthorized use or disclosure of your Personal Information and if we can attain our objectives by other means, as well as the legal, regulatory, tax, accounting and other applicable obligations.
The precise duration of the retention of the various types of Personal Information is shown below:
Type of Personal Information | Duration of Retention |
---|---|
Identity Information and contact details | During the year the Service is used plus 30 years. |
With regard to information on dependent children and the Insurance Social Number. | This information is deleted once used for the purpose it was collected, and in any case retained for a maximum of 90 days. |
Investment information Information | During the year the Service is used plus 30 years. |
Commercial Information | This information is in general retained during the year the Service is used plus 30 years. |
Economic and Financial Information | This information is deleted once used for the purpose it was collected, and in any case retained for a maximum of 90 days. |
User or Profile Information | This information is in general retained for a maximum period of 3 years. |
Technical Information | This information is in general retained for a maximum period of 3 years. The Technical Information required for a consistent connection of the user’s device is retained for the duration of the connection to the Service plus one hour following inactivity. |
Marketing Information | This information is in general retained during the year the Service is used plus 30 years. |
Sensitive Personal Information | This information is deleted once used for the purpose it was collected, and in any case retained for a maximum of 90 days. |
In some cases, you may require that we erase all of your Personal Information as specified at Section 16.1 c). Nevertheless, at the expiry of the applicable retention period, we will securely erase your Personal Information in compliance with Privacy Laws.
In some circumstances we will de-identify your Personal Information (to ensure that it can no longer be associated with you) for research and statistical purposes and in such a case we may use this information indefinitely without subsequently notifying you.
For any questions about the retention of Personal Information, please contact TOL’s CPO, whose contact details are shown above at Section 3.1.1.
TOL uses reasonable efforts to ensure the accuracy of your Personal Information and that it is kept as complete and up to date as possible. TOL will, if you created an account with us routinely ask you to update your Personal Information. However, if you note any inaccuracies in our records or if your Personal Information changes, please immediately notify TOL.
TOL is committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information. TOL employs security safeguards that are customary in the field of online investment Website and/or Platform and which are reasonable considering the sensitivity of the Personal Information, including physical, electronic and organizational measures.
For example, TOL restricts access to its offices, trains its staff accordingly, restricts access to Personal Information to its staff members who have a need to know, and said Personal Information is disclosed on a case by case basis as specified in this Notice, passwords are used and well-defined internal practices and policies are applied, which namely provide that the TOL staff can process your Personal Information only in compliance with said policies. All TOL staff members have signed a confidentiality agreement which encompasses the confidentiality of your Personal Information.
Unfortunately, the transmission of information by Internet is not completely secure. Although TOL does its best to protect your Personal Information, TOL cannot guarantee the security of information transmitted using the Service. Any transmission by a Data Subject is done at his own risk. Once we have received information from the Data Subject, we will apply our security practices to try to prevent any unauthorized access, use and disclosure.
TOL may store and process a Data Subject's Personal Information at its Quebec, Canada, office. TOL has established agreements and controls with any third party service providers to require them to protect, in a manner comparable to that set forth in this Notice, your Personal Information that they store, handle and process.
TOL is committed to being transparent about its policies and invites Data Subject to contact the CPO for any questions they may have.
You have various rights with respect to our use of your Personal Information:
a) Access: You have the right to request a copy of the Personal Information that we hold about you or to consult it. However, we cannot disclose Personal Information about you if its disclosure would reveal the Personal Information about another person or is an infringement of applicable laws.
b) Accuracy: We aim to keep your Personal Information accurate, current and complete. We invite you to contact us using our contact form in your profile on the Website or Platform / contact the CPO using the contact details given at Section 3.1.2 to let us know if any of your Personal Information is inaccurate or changes, so we can keep your Personal Information up to date.
c) Refusal: In certain circumstances, you also have the right to refuse the processing of your Personal Information and to ask us to block, erase or limit access to your Personal Information.
d) Right to limit: You have the right to ask TOL to limit the use of your Personal Information in certain circumstances.
e) Portability: You have the right to request that certain of your Personal Information be provided to you or another data controller in a structured, commonly used and machine-readable format.
f) Erasure: You have the right to require the erasure of your Personal Information when it is no longer necessary for the purposes for which it was collected or when among other things, your Personal Information has been unlawfully used.
g) Complaints: If you believe that your data and Personal Information protection rights have been breached you have the right to lodge a complaint with the applicable supervisory authority or to seek a remedy through the courts.
You may exercise any of the above-mentioned rights at any time by contacting the CPO using the contact details at Section 3.1.2 or by filling out our form provided for that purpose in your profile on the Website or Platform.
Data Subjects may ask questions about their Personal Information which we process by contacting the CPO using the contact details at Section 3.1.2.
TOL will generally answer any access requests within 28 days following the receipt of all of the required information. If TOL is unable to grant access, or if extra time is required to complete the request, TOL shall notify the Data Subject in writing.
TOL may not transmit some type of information to Data Subjects due to exceptions provided by applicable law (for example, when TOL’s records contain information about other Data Subjects, if the information was produced in a dispute settlement process, if the information was collected for the purposes of an investigation about the breach of an agreement or of applicable laws or if the information is covered by legal privilege). TOL will to the extent possible, delete the information that is not transmitted and shall grant access to the other information to the Data Subject. If TOL is unable to grant access to the Personal Information to the Data Subject, or to disclose it to him/her, TOL shall give an explanation, subject to restrictions, to the Data Subject.
Access to your Personal Information is free of charge. In certain circumstances, for example, if the request is excessive or unfounded, TOL may charge administration fees for the transcript, reproduction or transmission of your Personal Information. TOL may also charge for additional copies. Before completing a request for access, TOL shall notify the Data Subject if any fees are to be charged.
If you have provided your consent to the collection, processing or transfer of your Personal Information, you have the right to fully or partially withdraw your consent. To withdraw your consent, please follow the opt-out links on any marketing email sent to you or contact the CPO or use our contact form provided for that purpose in your profile on the Website or Platform.
Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for processing. Withdrawal of consent to receive marketing communications will not affect the processing of Personal Information for the provision of the Service.
Any report, concern, complaint or incident that involves conduct that may infringe the Notice will be treated confidentially to the extent possible. However, some disclosure may be necessary to adequately address issues raised, aid enquiry and implement solutions as appropriate.
TOL takes all potential or actual privacy breaches seriously. Data Subjects may report their concerns about the collection, use, disclosure, retention or destruction of their Personal Information directly to TOL’s CPO using the contact details given at Section 3.1.2.
The CPO will engage the appropriate levels of management to assist with a resolution of the issue.
TOL reserves the right to interpret the Notice at its entire discretion.
Although TOL is determined to settle all privacy issues internally, nothing in the Notice prohibits a Data Subject from contacting the appropriate supervisory authority as specified at Section 3.2.
TOL shall not undertake any reprisals against a Data Subject who has raised privacy issues or concerns in good faith based on reasonable grounds.
TOL is responsible for communicating this Notice and ensuring that members of its team fully comply with all relevant aspects of this Notice and the accompanying guidelines.
The Notice is in force on the first day mentioned at the beginning of said Notice and it replaces any previous versions. A history of the versions of this Notice may be obtained on request from the CPO. The collection, use, disclosure and any other processing of the Personal Information by TOL of a Data Subject are governed by the version of the Notice which is in force at that time.
Privacy Laws are constantly amended and accordingly, this Notice may also be amended by TOL from time to time at its entire discretion. When we make amendments, we will post them on this page for a certain time to draw your attention to them, as well as posting a notice on the Website homepage to the effect that this Notice has been amended. If such amendments are substantial or require your consent, we will also notify you by email if we have your email address.
Effective Date: March, 2021
These Additional California Privacy Disclosures (the “Disclosures”) supplement the information contained in our Notice above by providing additional information about how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California within the scope of the California Consumer Privacy Act of 2018 (CCPA) and applies solely to all visitors, users, and others who reside in the State of California (“Consumer”). Unless otherwise expressly stated, all terms defined in this Notice retain the same meaning in these Disclosures and all other terms defined in the CCPA and not otherwise defined in these Disclosures have the same meaning when used in these Disclosures.
As a Consumer, the definition of Personal Information set forth in Section 2 of this Notice also includes information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal Information does not include: (i) publicly available information from government records; and (ii) de-identified or aggregated Consumer information.
As described in the Section 4 (Personal Information collected by TOL or provided by you) of this Privacy Notice, we have collected the following categories of Personal Information from Consumers within the last 12 months:
Category | Examples | Collected |
---|---|---|
A. Identifiers. | An alias, online identifier, Internet Protocol address, Idendity and Contact Information, Sensitive Identity Information, Special Sensitive Personal Information and User and Profile Information. | YES |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES |
C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES |
D. Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, Commercial Information, Investment Information, Sensitive Economic and Financial Information and Marketing Information. | YES |
E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO |
F. Internet or other similar network activity. | Technical Information. | YES |
G. Geolocation data. | Physical location or movements. | YES |
H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
I. Professional or employment-related information. | Current or past job history or performance evaluations. | NO |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO |
K. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
TOL collect information as set forth in Section 7 (Circumstances in which Personal Information is collected) of this Notice.
We may use or disclose the Personal Information we collect for one or more of the purposes set forth in Section 6 (Purposes for collecting Personal Information) of this Notice.
TOL may share your Personal Information by disclosing it to a third party for a business purpose. TOL only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding 12 months, we have disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below.
TOL do not sell Personal Information.
Personal Information Category | Business Purpose Disclosures | Sales |
---|---|---|
A: Identifiers. | Affiliates, Services Provider and Governmental Entities. | No Personal Information Sold |
B: California Customer Records personal information categories. | Affiliates, Services Provider and Governmental Entities. | No Personal Information Sold |
C: Protected classification characteristics under California or federal law. | None | No Personal Information Sold |
D: Commercial information. | Affiliates, Services Provider and Governmental Entities. | No Personal Information Sold |
E: Biometric information. | None | No Personal Information Sold |
F: Internet or other similar network activity. | Google Analytics, Operating systems and platforms | No Personal Information Sold |
G: Geolocation data. | Google Analytics | No Personal Information Sold |
H: Sensory data. | None | No Personal Information Sold |
I: Professional or employment-related information. | None | No Personal Information Sold |
J: Non-public education information. | None | No Personal Information Sold |
K: Inferences drawn from other personal information. | None | No Personal Information Sold |
The CCPA provides California residents with the following rights:
Right to know and Data Portability Right:
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the "Right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to know or Right to deletion), we will disclose to you:
·The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting or selling that Personal Information.
The categories of third parties with whom we share that Personal Information.
If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
The specific pieces of Personal Information we collected about you, Which will be transmitted to you as described below (also called a “Data Portability Request”).
Right to deletion
You have the right to request that TOL delete any of your Personal Information that we have about you, subject to certain exceptions (“Right to deletion”). Once TOL receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
a) Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
b) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
c) Debug products to identify and repair errors that impair existing intended functionality.
d) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
e) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
f) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
g) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
h) Comply with a legal obligation.
i) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising your Right to know, Data Portability Right, and Right to deletion
To submit a request to exercise your Right to know or Right to deletion (“Consumer Request”), please submit a Consumer Request by emailing us at info@treesoflives.com or by calling 1 581-681-3365.
Before processing your Consumer Request, TOL will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, TOL will generally either require the successful authentication of your membership, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional Personal Information from you, including, but not limited to, your email, address, member number, product website name, and/or date of last interaction with customer service.
In certain circumstances, TOL may decline a Consumer Request, particularly where we are unable to verify your identity.
A California resident may only submit a request to know twice, including a Data Portability Request, within a 12-month period. Your Right to know or Right to deletion must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
Only you, or someone legally authorized to act on your behalf, may exercice the Right to know or Right to deletion related to your Personal Information. If any authorized agent submits a Consumer Request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require at a minimum an email be sent to info@treesoflives.com, in addition based on the nature of the request and information, we may require sufficient evidence of your identity.To verify your authorization to request on behalf of a California resident, provide one or more of the following: (i) written permission from the Consumer, or (ii) power of attorney.
We will acknowledge receipt of the Consumer Request within ten days of its receipt. If you do not receive confirmation within the 10-day timeframe, please contact the CPO.
We will respond to a verifiable consumer request within 45 days of its receipt. Sometimes it may take us longer than 45 days, if your Consumer Request is complex or you have made a number of requests at the same time. If this is the case, we will notify you.
Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable Consumer Request. For Data Portability Requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically a PDF document.
TOL do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If TOL determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
j) Deny you goods or services.
k) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
l) Provide you a different level or quality of goods or services.
m) Suggest that you my receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@treesoflives.com.
As described in Section 19 (Uptading and review) of this Notice, TOL reserve the right to amend this Notice and/or the Disclosures at its discretion and at any time.
If you have any questions or concerns about those Disclosures and/or how we process Personal Information of a Consumer, you may contact us at: info@treesoflives.com. You may find all our contact information in detail in Section 3 (Chief Privacy Officer and Supervisory Authority) of this Notice.
The Disclosures are in force on the first day mentioned at the beginning of said the California Resident Section of this Notice and it replaces any previous versions. A history of the versions of this Disclosures may be obtained on request from the CPO.
Last Update: February 4, 2021
The terms and expressions in capitals which are not otherwise defined have the meaning given to them in Section 2. INVESTISSEMENT TREESOFLIVES I, S.E.C. (“TOL,” “us” or “our”) intends to process the information it collects legally and transparently.
TOL has written this Cookie notice (the “Notice”) to describe the use it makes of Cookies and information it collects and stores when you visit our Website https://treesoflives.com/ (the “Website”) and use our TOL online investment platform (the “Platform” together with the Website, the “Service”).
“Privacy Laws” means all applicable laws governing the processing of Personal Information, including the Act Respecting the Protection of Personal Information in the Private Sector, S.Q., ch. P-39.1, the Personal Information Protection and Electronic Documents Act, S.C. 2000, ch. C 5, as well as regulations, interpretation bulletins, notices and decisions of their related enforcement organizations.
“Person Concerned” or “You” means any identified or identifiable person about whom TOL collects Personal Information through the Service, whether that person is merely a visitor to the Website or is a user having opened a user account on the Website or the Platform.
“Personal Information” means any information relating to an identified or identifiable natural person, excluding information that is not considered to be Personal Information under Privacy Laws. For more certainty, an “identifiable natural person” is a physical person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Cookies” are files containing an identifier (a series of letters and numbers) sent by a Web server to a Web browser and stored by the browser. The identifier is then sent to the server each time the browser requests a page from the server. Cookies are “persistent” when they are stored by a Web browser and remain valid until their scheduled expiry date, unless they are deleted by the user before that date. Cookies are called “temporary” when they expire at the end of a user’s browsing session. Even if cookies do not generally contain information personally identifying a user, Personal Information which TOL retains about you may be connected to the information contained in the cookies or obtained from them.
Types of Cookies. We use Cookies for the following purposes:
Our service providers use Cookies which may be stored on your computer or device when you navigate our Service.
We use Google Analytics as the Service use analysis tool. Google Analytics uses Cookies to collect information about website use. Information collected is used to make reports about the use of our Website.
The Google Analytics protection of privacy policy may be accessed at the following address: https://policies.google.com/technologies/partner-sites?hl=en.
More information on Google Analytics can be found here: https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008 and more information about the use of Cookies by the advertising features of Google Analytics can be found here: https://policies.google.com/technologies/ads?hl=en&ref_topic=6089781&visit_id=637025130290950161-2203276537&rd=1.
Among the features of Google Analytics Advertising Features, we have implemented the following features:
a) Remarketing with Google Analytics to create audiences of visitors of our Websites and share them with our ads accounts and offer them, as part of our campaigns on the Google Search Network and Google Display Network, relevant ads focused on the actions they took during their visits.
b) Google Analytics Demographics and Interest Reporting to (i) determine the distribution of the audience of our Websites by age, gender and interests, (ii) to improve the targeting of our advertising expenses, (iii) to create segments for our reports, and (iv) to create remarketing lists.
c) Campaign Manager Integration to collect data for advertising purposes, including the data collect by advertising Cookies and device identifiers to maximize the benefits of these products by combining them and then sharing the data in each associated account.
d) Display & Video 360 Integration to create remarketing lists in Analytics and have those lists available in Display & Video 360.
e) Google Display Network (GDN) Impression Reporting to measure the impact of unclicked GDN Display ad impressions on site behavior and conversions.
f) Segments to isolate and analyze subsets of sessions and users.
We refer you to Section 5.2 and 5.3 of this Notice regarding how you can disable Google Analytics' advertising features. We further encourage you to use the Google Analytics Web Opt-out Add-on for this purpose, which you can download here: https://tools.google.com/dlpage/gaoptout/.
You can opt-out of cookie tracking by setting your web browser to refuse cookies on this Website.
You may block receipt of third-party Cookies used to send you personalized publicity based on your interests by logging onto the following websites: www.aboutads.info/choices/ or https://www.networkadvertising.org/choices/.
Most browsers allow you to refuse to receive Cookies and to delete them. Each browser and each version operate differently. You may however obtain up-to-date information about how to block and delete Cookies using these links: a) https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en (Chrome); b) https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences; c) https://www.opera.com/help/tutorials/security/cookies/ (Opera); d) https://support.microsoft.com/en-ca/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer); e) https://support.apple.com/en-ca/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Blocking access to all Cookies will detract from the quality of use of several websites. If you refuse the use of all Cookies, you will not be able to use all of the functionalities of the Service.
The Service is owned and operated by TOL. TOL has appointed a Chief Privacy Officer (the “CPO”) who ensures that TOL complies with privacy legislation.
a) Contact details of the TOL Chief Privacy Officer in charge of processing privacy information:
INVESTISSEMENT TREESOFLIVES I, S.E.C.
2327, boulevard du Versant nord, #215.3
Quebec, Quebec, G1N 4C3
Canada
Phone: 1 581-681-3365
Email: info@treesoflives.com
b) CPO Contact Details:
Vincent Crépin
2327, boulevard du Versant nord, #215.3
Quebec, Quebec, G1N 4C3
Canada
Phone: 1 581-681-3365
Email: info@treesoflives.com
Please contact the TOL CPO using the contact details given above for any questions about the use we make of cookies on the Service.
The Notice is in force on the first day mentioned at the beginning of said Notice and it replaces any previous versions. A history of the versions of this Notice may be obtained on request from the CPO. The collection, use, disclosure and any other processing of the Personal Information of a Person Concerned by TOL are governed pursuant to the version of the Notice which is in force at that time.
Privacy Laws are constantly amended and accordingly, this Notice may also be amended by TOL from time to time at its entire discretion. When we make amendments, we will post them on this page for a certain time to draw your attention to them, as well as posting a notice on the Website homepage to the effect that this Notice has been amended. If such amendments are substantial or require your consent, we will also notify you by email if we have your email address.