TABLE OF CONTENTS
Our Privacy Philosophy 1
Privacy Statement Specific to Our Investors 2
Identifying Purposes and Obtaining Your Consent 2
Collection and Use of Your Personal Information 3
a) The information we collect 3
b) How your information is collected 3
c) We may monitor and record telephone calls 4
Disclosure of Your Personal Information 4
The Children’s Online Privacy Protection Act Disclosure 5
a) Keeping your information accurate 5
Do Not Track 6
Protecting Your Personal Information 6
a) Access to your information within Harborside 6
b) Disposal and Retention 6
c) Safeguarding your information 6
Addressing Your Inquiries and Concerns 6
Governing Law 7
California Rights 7
Personal Information Outside of Canada 7
This Policy explains how we collect, use, disclose and safeguard the personal information that you or a third party provide. Providing personal information or authorizing a third party to disclose personal information to us signifies your consent to Harborside’s collection, use and disclosure of personal information in accordance with this Policy. If you provide personal information to us about a third party (for example, another investor, advisor, family members etc) or authorize a third party to disclose personal information to us, you agree that you were authorized to do so.
For the purposes of this Policy, “personal information” means information that can identify an individual directly or through other reasonably available means. “Personal information” does not include information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business, or profession. Notwithstanding anything to the contrary herein, the meaning of “personal information” shall be interpreted in a manner that conforms with the minimum requirements of applicable privacy legislation.
The following sets out certain information handling practices specific to Harborside investors. These terms are in addition to and should be read together with the other terms in this Policy.
When an individual invests in Harborside (“Subscriber”), the Subscriber is required to enter into a subscription agreement (“Subscription Agreement”) and to provide to Harborside certain personal information. Such information is being collected and will be used by Harborside and the Agents (as Agents is defined in the Subscription Agreement) for the purposes of completing the investment, which includes, without limitation, determining the Subscriber’s eligibility to purchase the Purchased Subscription Receipts (as defined in the Subscription Agreement) under applicable laws, preparing and registering certificates representing securities or arranging for non-certificated, electronic delivery of same, and completing filings required by any securities regulatory authority or exchange.
Such personal information may be disclosed by Harborside to (a) securities regulatory authorities, stock exchanges, such as the Toronto Stock Exchange or the Exchange, as applicable, (b) Harborside’s registrar and transfer agent, (c) any government agency, board or other entity and (d) any of the other parties involved in this Offering, including the legal counsel of Harborside and the Agents, and may be included in record books in connection with the offering.
The Subscriber acknowledges being notified that if the Subscriber is resident or otherwise subject to Canadian Securities Laws: (i) Harborside will deliver to the applicable securities regulatory authority or regulator certain personal information pertaining to the Subscriber, including such Subscriber’s full name, residential address and telephone number, email address, the number of Purchased Subscription Receipts purchased by such Subscriber, the Aggregate Subscription Price (as defined in the Subscription Agreement), the prospectus exemption under Canadian Securities Laws relied on and the date of distribution of the Purchased Subscription Receipts, (ii) such information is being collected indirectly by the applicable securities regulatory authority or regulator under the authority granted to it in securities legislation, (iii) such information is being collected for the purposes of the administration and enforcement of applicable Canadian Securities Laws of the local Canadian jurisdiction, and (iv) the Subscriber may contact the public officials as directed in the Subscription Agreement with respect to questions about the security regulatory authority’s or regulator’s indirect collection of such information.
At Harborside, in addition to as set out above, we collect and use personal information so we can: (i) provide, maintain, and improve our products and services, which includes using the information to fulfill orders, verify your identity, process payments, allocate resources, track the progress of any deliveries, and otherwise run and manage our business in the ordinary course; (ii) provide information to our employees, contractors, advisors (legal and business) and affiliates to allow them to perform services on our behalf; (iii) send you newsletters or other communications to which you have subscribed or may be interested; (iv) comply generally with privacy laws and all other applicable regulatory requirements; (v) understand the demographics, interests, usage patterns, and other characteristics of investors and to track and analyze trends and patterns, including through the aggregation of personal information; (vi) offer you tailored content, including advertisements and promotions; and (vii) assist you when you contact us, including to direct your questions to appropriate individuals, investigate and address any of your concerns, and to improve and monitor our customer support responses. We may also use your personal information for purposes that are otherwise consistent with the terms of this Policy or that are permitted or required by law, and for purposes for which you have otherwise provided consent.
In addition to the information we collect as otherwise set out herein, the type of personal information that we may collect includes: (i) your name, mailing address, email address, telephone number; and (ii) other information that you share in your communications with us, our employees, including on or through our website https://www.investharborside.com/ or any other websites operated by Harborside (collectively, the “Website”) and our applications.
The choice to provide us with your personal information, either directly or through a third party, is yours. However, your decision to withhold particular information may limit our ability to provide you with the products or services you have requested.
Personal information may be collected in a number of ways, including: through you completing the Subscription Agreement, in person, over the phone, by mail, by fax, over the Internet (including from our Website, by email, or through any of our applications or other software that we provide), and from third parties whom you have authorized to disclose personal information to us.
Usage information collected from our Website and our applications may include your device type, device identifier, IP address, MAC address, location, browser type, operating system, duration of use, user behaviour, length of time spent on the services, and frequency of use.
We may use this information set out in (i) and (ii) for purposes including remembering your preferences and settings, determining the popularity of certain content, authenticating users, determining the effectiveness of any advertising campaigns, and analyzing the behaviour and interests of people (including traffic and trends) accessing our Website and applications.
If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.
Your personal information will only be used or disclosed in accordance with the purposes for which it was collected, unless you have otherwise consented or except where required or permitted by law.
For the purpose of maintaining quality service, telephone calls to our customer service lines may be recorded. If your call is subject to a quality assurance program, you will be so advised prior to speaking with a representative.
In addition to the disclosures otherwise described herein, we may share your personal information with our service providers and advisors in order for them to provide services to or on behalf of Harborside, including processing and storage. These may include, for example, cloud storage providers, data analytics providers, and third parties that we engage to help us deliver packages. To that end, when you provide personal information to Harborside, the information may be stored on servers hosted or owned by a third party.
If you use a credit or debit card or other method of payment for your purchase, information with respect to your payment method is required to process your payment. We do not store your payment information. Your payment information will be provided directly to our third party payment provider.
We may (i) share your personal information with our affiliates; (ii) combine information internally across our affiliates or our different products and services; and (iii) combine personal information with demographic information, publicly available records and other third party information sources. We may use this information to provide you with a customized experience, to promote and develop products and services available through Harborside or its affiliates, or as otherwise permitted by this Policy.
If you make post a review, make a comment, or otherwise submit personal information on a public forum such as social media accounts or public forums on our Website or other applications, your communications may be viewable by the public.
We may also disclose personal information in situations where we are legally required or permitted to do so. The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose your personal information to authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves that the authorities that are making the disclosure request have legitimate grounds to do so.
Your personal information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your rights or to investigate suspicion of unlawful activities. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.
We may use and disclose your personal information to third parties in connection with the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of our business or assets (including accounts) for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your personal information for substantially the same purposes as those set out in this Policy.
Our Website is for adults. Our Website is not intended for minors.
In accordance with the requirements of The Children’s Online Privacy Protection Act of 1998, we do not knowingly collect personal data from children under the age of thirteen (13). If you are under thirteen (13), do not use or provide any information on this Website or on or through any of its features or register on the Website, make any purchases through the Website or contact us, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under thirteen (13) years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at firstname.lastname@example.org.
We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your personal information in our records.
Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.
Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser’s DNT option in your browser’s preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.
Access to private, sensitive and confidential information, including your personal information, is restricted to authorized employees or contractors with legitimate business reasons. Our employees and contractors understand the importance of keeping your information private. All employees and contractors are expected to maintain the confidentiality of personal information at all times and failure to do so will result in appropriate disciplinary measures including dismissal.
Except as otherwise permitted or required by law, your personal information will be retained for so long as is reasonably necessary to fulfil the purposes for which it was collected.
To ensure that your personal information is protected, we utilize security safeguards that are on par with the industry standard. We keep electronic customer files in a secured environment with restricted access and use.
We are happy to provide you with a copy of this Policy and to discuss any of its content with you.
Upon request, we will also inform you of: the type of personal information we have collected, how your personal information has been used, and any third parties to whom your personal information has been disclosed.
Please direct all questions or enquiries about this Policy to:
Privacy Officer, Harborside, Inc.
Jack Nichols • email@example.com
Any changes to our privacy standards and information handling practices will be reflected in this Policy in a timely manner. Harborside reserves the right to change, modify, add, or remove portions of this Policy at any time. Please check this page periodically for any modifications. To determine when this Policy was last updated, please refer to the modification date at the bottom of this Policy.
Harborside strives to evolve to meet our customer’s needs and expectations and that means our products and services may chance and how we offer our products and services may changes. With that in mind, we review our privacy practices from time to time, and that our information handling practices may change. If Harborside makes a material change to this Policy, we will post a notice on our Website and highlight the changes. We may also notify you by email. Material changes to this Policy will be binding after such changes have been introduced and for which notification of such material changes has been made. You may determine when this Policy was last updated by referring to the date found at the bottom of this Policy. If at any point you do not agree with the terms of this Policy, you must not use Harborside’s services.
Our Website is governed by the provisions and practices stated in this Policy. Our Website may contain links to third party sites or applications that are not governed by this Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Policy will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third party sites and applications to learn how they collect, use and disclose your personal information.
This Policy and all related matters shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
Notwithstanding the foregoing, for residents of California, California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
Harborside operates in California, United States. As such, Personal Information will be collected, used, stored and processed in the United States and will be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.
Last revised Friday, June 7, 2019