Privacy Policy

This privacy policy sets out the information gathering and dissemination practices of TMX Group Limited and its affiliates and subsidiaries (collectively, "TMX") in the use of TMX's websites (collectively, "the Websites"). The Websites are not intended for users under 14 years of age. By using the Websites, you confirm that you are not under 14 years of age, and that you consent to this privacy policy and to the collection, use and disclosure of your personal information by TMX as outlined in this privacy policy. If this privacy policy is not acceptable to you, please do not submit any of your personal information.

This policy also applies to the collection, use and disclosure of personal information by Bourse de Montréal Inc. (the "Montréal Exchange") and its wholly owned subsidiary, the Canadian Derivatives Clearing Corporation ("CDCC" or the "clearinghouse"). The Montréal Exchange and CDCC will be collectively referred to herein as "the Montréal Exchange" or "we", unless the context requires otherwise.

The Montréal Exchange maintains strict security, confidentiality and protection of personal information standards and we make it our priority to ensure the security, confidentiality and accuracy of the personal information provided to us by our employees, directors, shareholders, clients, suppliers, market participants and clearing members ("you"), whether it is through our websites (www.m-x.ca or www.cdcc.ca) or otherwise.

In this policy, the phrase "service providers" includes, but is not limited to, any licensors, suppliers, information providers or other third parties that provide or administer, from time to time, any data, information, content, application, tool or service to the Montréal Exchange.

Consent

By supplying your personal information to the Montréal Exchange or to its service providers and agents, you explicitly authorize the Montréal Exchange to collect, use and disclose your personal information in accordance with this policy for the purposes expressed herein and with applicable laws.

Subject to legal, regulatory and/or contractual requirements, you may withhold or withdraw your consent in respect of some of the purposes outlined hereafter by contacting our Privacy Officer, whose contact information is provided at the end of this document. However, the withholding or withdrawal of your consent may make it impossible for us to provide you or to continue providing you with certain services or information that may be useful for you.

If you provide or intend to provide personal information to the Montréal Exchange or to its service providers and agents concerning another individual, you must declare that you have the necessary power to do so and/or that you have obtained the necessary consent from this individual to allow us to collect, use or disclose this personal information for the purposes laid out in this policy.

Please note that the Montréal Exchange reserves the right to amend or revise this policy at any time. In such event, the Montréal Exchange will post the amendments on its websites (www.m-x.ca or www.cdcc.ca), so that you are informed at all times about the information collected, used or disclosed by the Montréal Exchange. In so doing, you will be able to decide at any time whether or not you want the Montréal Exchange to use your personal information in the manner so described. The Montréal Exchange will use your personal information in accordance with the version of this policy that is in effect when such personal information is collected or in any other manner that you approve.

What is personal information

Personal information is any information that refers to or allows an individual to be identified. This includes information that can be linked to you, such as your name, personal address, telephone and/or fax numbers and personal email address, date of birth, social insurance number or credit card number.

Personal information does not include information considered of a professional nature that is generally found on a business card, such as your name, position or function, professional address, professional telephone and/or fax numbers. However, please note that your professional email address is considered as personal information.

Use of personal information

The personal information that you communicate to us and that we collect and use enables us to carry on our business as a derivatives exchange and clearinghouse and to fully perform our role as a self-regulatory organization. It also helps us to develop and offer derivative products or services that meet your derivatives needs and preferences.

More specifically, the personal information provided may be collected, shared between the Montréal Exchange and CDCC and used by either one or the other:

1. to approve or identify individuals wishing to access the Montréal Exchange's electronic trading platform or CDCC's computer network, as the case may be, and to communicate with the Montréal Exchange and/or CDCC as needed;
2. to register a securities dealer as an approved participant of the Montréal Exchange;
3. to register an entity as a clearing member of CDCC;
4. for CDCC to identify, monitor and manage the risks arising from tiered participation arrangements;
5. for CDCC to facilitate the default management process in the event of the default of any one of its clearing members;
6. to analyze, investigate or inspect the conduct and/or business of an approved participant, any approved person or any holder of a restricted trading permit;
7. to handle disciplinary complaints concerning an approved participant and/or any approved person or holder of a restricted trading permit;
8. to develop, forge and maintain business relations with current or potential clients, suppliers, market participants and clearing members;
9. to identify you;
10. to inform you about new products and/or services offered by the Montréal Exchange and/or CDCC;
11. to add your name to one or more of our electronic mailing lists;
12. to enable you to register or participate in one of our contests, workshops, seminars, conferences or interactive campaigns;
13. to monitor traffic on the websites of the Montréal Exchange and CDCC and to improve their content;
14. to establish the standard profile of users of these websites;
15. to learn about your needs and preferences;
16. to answer your questions and enquiries;
17. when you apply for employment with the Montréal Exchange or CDCC and, as the case may be, upon your hiring and in the course of your employment at the Montréal Exchange or CDCC;
18. when you become a shareholder of the Montréal Exchange; and
19. for any other purpose which you approve.

Disclosure of personal information

The Montréal Exchange will not sell or transfer your personal information to any other party without your consent, but it reserves the right to disclose such personal information pursuant to a legal proceeding or as required by law, and to the following persons:

1. Service providers and agents. Your personal information may be communicated to service providers and agents chosen by the Montréal Exchange to discharge certain duties on its behalf, such as providing administrative, data processing, document management and website hosting services.
2. Credit card companies. You may have to transmit information concerning a credit card either by fax or from certain places on our websites in order to purchase a product or service offered by the Montréal Exchange. In such case, only the information required to complete the purchase will be provided to the relevant credit card issuer or service provider.
3. Regulators. The Montréal Exchange may communicate your personal information to self-regulatory organizations and to competent regulators as required or permitted by law.

You acknowledge that there are security and privacy limitations on the Internet, which are beyond the control of the Montréal Exchange, and that the security, integrity and confidentiality of any information or data exchanged between you and the Montréal Exchange through its websites or by email cannot be guaranteed. Consequently, the Montréal Exchange accepts no liability for the use of such information or data by you or third parties.

Accuracy of personal information provided

The Montréal Exchange will ensure, to the extent possible, that your personal information is accurate, complete and up-to-date, in accordance with the intended purpose for which this information is collected. We encourage you to verify the accuracy of your personal information and to inform the Montréal Exchange of any change to be made thereto, by contacting our Privacy Officer, whose contact information is provided at the end of this document, or by changing your personal information yourself in your "User Profile" on the Montréal Exchange's website, provided you have such a profile.

Keeping of personal information, security and limited access

The Montréal Exchange will keep your personal information as long as necessary and provided that it remains relevant for the purposes indicated above or in accordance with applicable laws.

The Montréal Exchange may keep your personal information in secure filing cabinets and offices as well as in databases or email boxes or on servers hosted by the Montréal Exchange or by service providers, in Canada or other jurisdictions, for periods of time and using the administrative and technological security measures it deems reasonable, according to the nature and level of sensitivity of the personal information (limited access to the Montréal Exchange's offices, locked filing cabinets, use of data networks secured and protected by firewalls, use of passwords, etc.). The Montréal Exchange regularly verifies its existing security measures to ensure that they are properly managed, effective and adequate. The Montréal Exchange also ensures, through contractual agreements, that the personal information it communicates to third parties is protected.

Your personal information may be transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf. For example, we use service providers to assist us process, store and secure data. This may include sending email or other communications using their online services. Our service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose personal information for their own purposes. Your personal information may be maintained and processed by us, our affiliates and other third party service providers in other jurisdictions. In the event personal information is transferred to a jurisdiction outside of Canada, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws.

Automatic Collection of Information

In some cases, we may collect information about you that may or may not be personally-identifiable. Examples of this type of information include your Internet protocol (IP) address, the type of Internet browser you are using, the type of computer operating system you are using, the pages viewed on the websites, website navigation path, duration of access, the website elements or forms you click or view, and the advertisement or domain name of the website from which you linked to the websites. The collection, use, disclosure and storage of such information will be in accordance with this privacy policy, including for the purpose of optimizing website user experience.

Use of cookies and other Website tools

Some pages on the Montréal Exchange's website use a technology called "cookies". A cookie is a token that a server gives to your browser when you access a website. Cookies are capable of storing many types of data. Cookies may be placed by the Montréal Exchange or a third party. Cookies help provide additional functionality to the website or help provide and analyze website traffic and usage information. Usage data can be stored in these cookies, in order to record your preferences, log-in details and settings for future visits, and in some cases to personalize the advertisements displayed on the websites. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of the websites. In all cases in which cookies are used, we will not collect personally-identifiable information except with your permission.

In addition to the cookies we set during your use of the websites, additional cookies may be set, where applicable, by third party providers when you visit our website. This occurs because we have commissioned third parties to collect information for us, for example for statistical usage analysis (e.g. as part of Google Analytics); it also occurs because our sites contain content or advertisements of third parties. Where required, your browser connects, for the purpose of accessing such third party content, directly with the servers of the third party providers, thus enabling those providers to place their own cookies on your end device. We use Google Analytics on the websites, a web analytics tool from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses information obtained by the cookies it sets about your use of the websites to statistically evaluate your use of our website for us, to create reports on website activities and to provide further services related to the website and the internet usage for us. This information may be transmitted to a server in the USA and stored there. Where required by European or other jurisdictions' privacy laws, we use an anonymization tool in order to mask your IP address before it is transmitted outside of your jurisdiction. Even if your IP address is transmitted to Google (where privacy laws permit this), the IP address will not be combined with other data from Google. Please note that Google Analytics information may be disclosed to marketing agency partners that use the data to optimize marketing campaigns.

Clear GIFs (also known as web bugs, beacons, tracking pixels or tags) are small graphic images which are placed on a website. We use Clear GIFs to collect statistical usage data about the websites, functions or other elements of a website. Clear GIFs also enable us to determine, for example, whether users come to the websites via an advertisement placed by us on another website. We use the data collected in this way for statistical purposes in order to analyze and improve the websites and our marketing campaigns.

With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. You can deactivate the Google Analytics function with a browser add-on, which you can download at https://tools.google.com/dlpage/gaoptout. To do this you must install that browser add-on. This will prevent the analysis information from being sent to Google.

Third-party Analytics and Marketing Partners

In addition to the cookies we set during your use of the Websites, additional cookies or browsing activity technologies may be set, where applicable, by third party providers when you visit our website. This occurs because we have commissioned third parties to collect information for us, for example for statistical usage analysis (e.g. as part of Google Analytics); it also occurs because our sites contain content or advertisements of third parties. Where required, your browser connects, for the purpose of accessing such third party content, directly with the servers of the third party providers, thus enabling those providers to place their own cookies or similar technologies on your end device.

Google Analytics

We use Google Analytics on the Websites, a web analytics tool from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses information obtained by the cookies it sets about your use of the websites to statistically evaluate your use of our website for us, to create reports on website activities and to provide further services related to the website and the internet usage for us. This information may be transmitted to a server in the USA and stored there. Where required by European or other jurisdictions' privacy laws, we use an anonymization tool in order to mask your IP address before it is transmitted outside of your jurisdiction. Even if your IP address is transmitted to Google (where privacy laws permit this), the IP address will not be combined with other data from Google. Please note that Google Analytics information may be disclosed to marketing agency partners that use the data to optimize marketing campaigns. You can deactivate the Google Analytics function with a browser add-on, which you can download at https://tools.google.com/dlpage/gaoptout . To do this you must install that browser add-on. This will prevent the analysis information from being sent to Google.

Freestar

We also work with Publisher First, Inc. dba Freestar ("Freestar") for the purposes of placing advertising on the site. Freestar may use a variety of technologies (including cookies, Flash cookies, web beacons and embedded scripts) that automatically or passively collect information when you visit or interact with our Websites and the advertisements we serve on the Websites. Freestar may use the data collected to serve and customize advertising, for cross-device tracking, for ad reporting, conversions, analytics and frequency capping, and for other marketing purposes. To learn more about Freestar’s data usage and your privacy rights, please visit: https://freestar.com/privacy-policy/ .

VettaFi

We also work with our subsidiary VettaFi LLC ("VettaFi") for the purposes of placing advertising on the site. VettaFi may use a variety of technologies (including cookies, Flash cookies, web beacons and embedded scripts) that automatically or passively collect information when you visit or interact with our Websites and the advertisements we serve on the Websites. VettaFi may use the data collected to report on, serve and customize advertising, for cross-device tracking, for ad reporting, conversions, analytics and frequency capping, and for other marketing purposes. To learn more about VettaFi’s data usage and your privacy rights, please visit: https://www.etftrends.com/privacy-policy/.

Computer information

The Montréal Exchange collects certain technical information from your computer each time you request a page during a visit to our websites. This information is collected from your computer's Web browser to enhance your experience on our websites and may include your origin (city, country), operating system, Web browser software, screen resolution, places visited on the site, and your Internet service provider.

Links to other sites

There are places throughout our websites that may link you to other websites. However, these websites may not necessarily operate under the Montréal Exchange's privacy practices. When you click through to these websites, the Montréal Exchange's privacy practices described herein no longer apply. Consequently, we recommend that you examine the privacy statements of all third-party sites in order to understand their procedures for collecting, using and disclosing personal information. These links are provided for user convenience only. The Montréal Exchange in no way controls, endorses or guarantees the sites linked to this gateway and cannot be held accountable for the content of these other sites or for the practices of the operators of these sites, particularly with respect to the protection of personal information and privacy.

Control and access to your personal information

Your personal information will be maintained by the Montréal Exchange at the office located at the address indicated below. You may access your personal information by submitting a written request to our Privacy Officer at the following address: Bourse de Montréal Inc., 1800 - 1190 Avenue des Canadiens-de-Montréal, P.O. Box 37, Montréal, Quebec, H3B 0G7, Canada. You may, where appropriate, also request the rectification of your personal information. In both cases, a response will be sent within 30 days following your request.

Employees of the Montréal Exchange who wish to access their personal information should contact the Human Resources Department of the Montréal Exchange directly.

If, for any reason, a request for access or rectification of your personal information is refused, the grounds for such refusal will be communicated to you in writing. If a photocopy of your personal information is requested, reasonable charges, which will be communicated to you beforehand, may apply.

You may also, subject to legal, regulatory and/or contractual requirements, withhold or withdraw your consent for the collection, use and disclosure of your personal information. If you withhold or withdraw your consent, the Montréal Exchange may not be able to provide or continue providing you with certain services or information. The Montréal Exchange will then inform you about its reasons in writing within 30 days following your request.

For purposes of section 3.1 of the Act respecting the protection of personal information in the private sector (the “Quebec Act”), the person exercising the highest authority within TMX has delegated the function of ensuring that the Quebec Act is implemented and complied with to the Chief Legal Officer of the Montréal Exchange, except in respect of personal information collected, used, disclosed or otherwise handled by the Regulatory Division of the Montréal Exchange, where that function has been delegated to the Regulatory Division's Chief Legal Officer.

The contact information for TMX's Privacy Compliance Officer is:

Privacy Compliance Officer
TMX Group
300 – 100 Adelaide Street West
Toronto, Ontario
Canada M5H 1S3
E-mail: PrivacyOfficer@TMX.com

The contact information for the Montréal Exchange Regulatory Division’s Chief Legal Officer is:

Chief Legal Officer
Regulatory Division
Montreal Exchange Inc.
1800 - 1190, avenue des Canadiens-de-Montréal
C. P. 37
Montréal, Québec
Canada H3B 0G7
E-mail: MXRlegal@tmx.com

The contact information for the Montréal Exchange's Chief Legal Officer is:

Chief Legal Officer
Montreal Exchange Inc.
1800 - 1190, avenue des Canadiens-de-Montréal
C. P. 37
Montréal, Québec
Canada H3B 0G7
E-mail: PrivacyOfficer@TMX.com
(with a copy to adam.allouba@tmx.com)

If you have any questions, comments or complaints about this policy, please feel free to contact the appropriate person indicated above.

Please note that you may remove your name from the Montréal Exchange's email mailing lists at any time by changing the mailing lists that you have selected in your "User Profile" on the Montréal Exchange's website. You can also unsubscribe by clicking on the link at the bottom of all emails.

You can also remove your name from CDCC's email mailing lists by submitting a written request via email at memberservices@cdcc.ca.