Privacy Policy

Last updated: [March 18], 2024

This Privacy Policy outlines our practices and procedures concerning the collection, use, disclosure and retention of your Personal Information (as defined below) that applies to your access to and use of our Website and its Content. Capitalized terms not otherwise defined in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

1. ACCEPTANCE OF PRIVACY POLICY

This Privacy Policy forms an integral part of our Terms of Use. By viewing, accessing, downloading, experiencing or otherwise using our Website or its Content or by providing us with your Personal Information, you acknowledge, represent and warrant that: (i) you have read through and understand this Privacy Policy; (ii) you accept and agree to be bound by the terms of this Privacy Policy; and (iii) you expressly consent to the collection, use, disclosure and retention of your Personal Information in accordance with the terms of this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must not access or use our Website.

2. PERSONAL INFORMATION

“Personal Information” means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact or locate a single person. It includes, without limitation, your name, e-mail address, postal code, telephone number and information that may be generated through the use of our Website, including your internet protocol (IP) address.

3. COLLECTION OF INFORMATION

We may collect and receive a variety of information, including Personal Information, when you: (i) subscribe to receive news and updates through e-mail; (ii) contact us with questions, concerns, complaints or inquiries; or (iii) access, use, navigate through or otherwise interact with our Website or its Content. This information may include, without limitation:

• Personal information. We collect Personal Information you submit to us. This may include, without limitation, your name, age, phone number, e-mail address, physical address, postal code or other contact information, records and copies of your correspondence when you contact us.
• Usage information: We may collect technical properties of hardware and software used in conjunction with our Website. This may include, without limitation:

• Log information. We automatically collect information when you access or use our Website and record it in log files. This may include, without limitation, your IP address, the address of the web page you visited before using our Website, your browser type, the date and time you accessed or used our Website, your entry point to our Website, information about browser configuration and plugins, your language preference and other technical and browsing preferences.
• Device information. We collect information about devices accessing this Website. This may include, without limitation, the type of device, the operating system you are using, device settings, application identification, unique device identifiers and crash data. 

4. USE OF INFORMATION

We may use information that we collect about you or that you provide to us, including Personal Information, for a variety of purposes. These purposes include, without limitation:

• To present our Website and its Content to you;
• To make available, promote and offer products or services;
• To allow you to use, access and participate in the interactive features on this Website;
• To fulfill your requests, including, without limitation, sending news, updates, resources and other communications, products or services that you request from us;
• To respond to your questions, concerns, complaints or inquiries;
• To notify you about changes to the Terms of Use, this Privacy Policy, our Website, its Content or any products or services we offer or provide on or though it;
• To analyze and report on Website traffic, marketing and usage trends;
• To improve or address any problems with respect to our Website, products, services, marketing or User experiences;
• To provide you with notices about your subscription;
• To investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, including to detect malicious data, suspected fraud, security breaches and other harmful activity;
• To verify your information or confirm your identity;
• To comply with applicable laws and regulations;
• To carry out our obligations and enforce our rights arising from any contracts with you;
• To fulfill the purpose for which you provide the information;
• To fulfill the purpose disclosed by us when you provide the information; 
• To carry out any other purpose with your consent; or
• As otherwise permitted or required by applicable laws and regulations.

Notwithstanding anything to the contrary contained in this Privacy Policy, we may remove personal identifiers from your Personal Information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign and sell the de-identified and/or aggregated information.

5. DISCLOSURE OF INFORMATION

We may disclose information that we collect or you provide to us, including Personal Information, to the following persons:

• To our employees, representatives, portfolio companies, business partners, subsidiaries, affiliates, funds and managed entities (including the ICM Funds) in Canada and other jurisdictions;
• To our service providers and contractors in Canada and other jurisdictions who help us with certain services contained, offered or provided on or through our Website, which may include, without limitation, information technology, data analytics, performance monitoring, business analytics, data processing, data storage, software and hosting;
• To our financial, insurance, legal, accounting or other advisors who provide professional services to us;
• To other authorized third party parties who need the information in the performance of their duties for us and to satisfy their obligations to us;
• To any person to whom you gave consent to access your Personal Information held by us;
• To a buyer or other successor in the event of a contemplated or completed merger, amalgamation, restructuring, reorganization, joint venture, partnership, dissolution, sale or transfer of some or all of our assets or other similar transaction or structure in which Personal Information held by us is among the assets transferred; or
• To any person who is otherwise authorized or permitted by applicable law.

We may disclose information that we collect or you provide to us, including Personal Information, in the following circumstances:

• To comply with applicable laws and regulations, including, without limitation, to respond to a subpoena, court order, legal process or government or regulatory request;
• To protect, establish or exercise our legal rights or defend against legal claims, including to enforce or apply the Terms of Use or this Privacy Policy; 
• To investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, including to detect malicious data, suspected fraud, security breaches and other harmful activity;
• To fulfill the purpose for which you provide the information;
• To fulfill the purpose disclosed by us when you provide the information; 
• With your consent; or
• As otherwise permitted or required by applicable laws and regulations.

6. RETENTION OF INFORMATION

We only keep your Personal Information in our records for as long as it is needed to fulfill the purposes for which it was collected or as may be required or permitted by applicable law. Personal Information that is no longer required will be securely destroyed, permanently erased or reliably de-identified, such that it can no longer be associated with you as an identifiable individual.

7. PROTECTION OF INFORMATION 

We use physical, electronic, organizational and administrative security measures and safeguards that are designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. We limit access to your Personal Information to authorized ICM employees, agents, service providers, contractors and other third parties on a need-to-know basis to achieve the agreed purposes or services.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security, confidentiality or Protection of any Personal Information transmitted to, through or from our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures and safeguards contained on our Website. 

Your Personal Information may be transferred, processed and retained on servers in countries outside of Canada, including the United States and Mexico, and may therefore be subject to laws that do not offer the same degree of protection or security as Canadian law. While we undertake to take appropriate contractual and other measures to ensure that third parties owning or managing such servers have appropriate security measures and safeguards to protect your Personal Information, the laws of other jurisdictions may require the disclosure of your Personal Information to governmental authorities under circumstances that are different than those that apply in Canada and are contemplated under this Privacy Policy. We cannot guarantee and are not responsible for the security, confidentiality or protection of any Personal Information disclosed by us to these third parties.

8. ACCESS TO AND RECTIFICATION OF INFORMATION

At any time, you can contact us to: (i) stop receiving e-mails from us; or (ii) request access to, change, correct or delete your Personal Information maintained in our records; subject to legal or contractual restrictions and reasonable notice. 

Please note that if you request deletion of your Personal Information, we may not be able to provide you with certain services contained, offered or provided on or through our Website. 

You can opt-out of e-mail communications from us by clicking the “unsubscribe” link provided at the bottom of every e-mail from us.

If you wish to contact us to make decisions about your Personal Information, please contact ICM by e-mail at info@icmgroup.ca. Please note we may request certain information from you to help us confirm your identity. Depending on the circumstances and applicable law, we may refuse to process certain requests, for example, access requests that are unreasonably repetitive or systematic, that be extremely impractical or require disproportionate technical effort. 

9. USE OF COOKIES AND LOG FILES

We may use browser cookies (“cookies”) and other automatic data technologies to assist in the collection of certain usage information. Cookies are small text files that are placed on the hard disk of a computer by a website. Cookies are uniquely assigned to you and can only be read by a website or web server that issued the cookie to you. We may also use browser “log files” which record certain information when you visit a website, including your IP address.

To improve your experience on our Website, we may use cookies and logs files to: (i) recognize you when you return to our website; (ii) keep track of activity on our Website and remember what items you have clicked on or viewed; (iii) study how you navigate through our Website and which Content you request in site searches so that we can improve the design, Content and function of our Website; and (iv) customize the message, content and delivery of e-mails that reflect how you navigate to and through our Website based on your online behaviour. We call this “Browsing Data”. We may hire third party service providers to assist us in the collection and analysis of this Browsing Data collected through cookies.

Most browsers have settings that allow you to block or disable cookies. However, certain functionalities, features and services contained, offered or provided on or through our Website depend on the use of cookies. Accordingly, if you choose to block or disable cookies, our Website might not function properly and/or you may not be able to use certain features and services contained, offered or provided on or through our Website. Unless you have adjusted your browser setting so that it will block or disable cookies, our Website may issue cookies when you direct your browser to our Website.

10. CHILDREN’S PRIVACY

We do not knowingly collect Personal Information from persons under the age of 18 or knowingly allow such persons to provide us with their Personal Information. By accessing or using our Website or its Content, you represent that you are at least 18 years old.