LEGAL

© 2021 Gold Investment Management Ltd. | All Rights Reserved | Gold Investment Management is registered as a portfolio manager in the provinces of Alberta, British Columbia, Saskatchewan, Manitoba, Ontario and Quebec and as an investment adviser with the U.S. Securities and Exchange Commission. Gold Investment Management has not sought licensing with any other regulatory authority of any country or jurisdiction, nor has any regulatory authority passed upon or endorsed the merits of the services offered by Gold Investment Management. While this website can be accessed worldwide, the information provided is only intended for use by any person in any jurisdiction where such use would not be contrary to local law or regulation. By using this website, you accept our Terms of Use and Privacy Policy.

The information contained in Gold Investment Management’s website is of a general nature and is for informational purposes only and does not constitute financial, investment, tax or legal advice. The information and materials reflect the view of Gold Investment Management on the date of production and are subject to change at any time without notice due to various factors, including changing market conditions or tax laws. Any links to third party websites are offered only for use at your own discretion. Any third-party information contained herein has been compiled from sources believed to be reliable, however, Gold Investment Management makes no representation or warranty, express or implied, as to its accuracy or completeness. Unless otherwise specifically noted, Gold Investment Management is separate and unaffiliated from any third parties listed herein and is not responsible for their products, services, policies or the content of their information or website.

TERMS OF USE

  1. By accessing this website and any pages thereof, you agree to be bound by the terms of use set out below. If you do not agree with these terms of use, do not access this website or any pages thereof. We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. References on this website to “Gold Investment Management”, and “we” or “us” are to the corporate entity Gold Investment Management Ltd.
  2. Nothing on this website constitutes a solicitation or offer by Gold Investment Management to buy or sell products or services of any kind whatsoever, including, without limitation, securities or any other financial instruments of any issuer.
  3. The information on this website is general and is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our website to your particular circumstances. You should consult directly with a Gold Investment Management professional or your other advisors before acting on any information on this website.
  4. Facts and information provided on this website are believed to be accurate at the time they are posted. However, this website could include inaccuracies, typographical errors, or out-of-date information. Changes may be made at any time to the information on this website without prior notice.
  5. Gold Investment Management does not warrant the timeliness, accuracy, completeness, quality, adequacy or content of any information on this website and expressly disclaims any liability whatsoever for errors or omissions. Such information is provided “as is” without warranty or condition of any kind (either express, implied or statutory), including, without limitation, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions which do not allow the exclusion of implied warranties. Gold Investment Management will not be responsible or liable for any direct, indirect, special, incidental, or consequential damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of or misuse of or inability to access or use this website or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the possibility of such damages or such damages are reasonably foreseeable.
  6. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services or publications other than those of Gold Investment Management on this website do not imply the endorsement or approval by Gold Investment Management of such websites, products, services or publications. Gold Investment Management makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a non- Gold Investment Management website, please understand that it is independent from Gold Investment Management, and that Gold Investment Management has no control over the content on that website. Non- Gold Investment Management websites are not subject to Gold Investment Management’s privacy policy or security standards.
  7. All materials on this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or limitation clauses apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download.
  8. Please be advised that we make no warranty as to whether the Internet or other forms of electronic communications, including e-mail, are secure mediums, and we caution that the privacy of information transmitted via the internet or otherwise by electronic communications cannot be ensured. Internet and e-mail are vulnerable to interception and forging. Gold Investment Management cannot ensure the privacy and authenticity of any information communicated over the Internet or by other forms of electronic communication.
  9. This website may not be used by persons in jurisdictions where access to or use of this website or any part thereof may be illegal or prohibited.
  10. If you breach any provision of these terms of use, you may no longer use this website. Gold Investment Management may, at any time, for any reason and without any prior notice or liability, change, suspend or terminate this website or any part of it or withdraw your permission to use this website. If these terms of use or your permission to use this website are terminated for any reason, these terms of use will nevertheless continue to apply and be binding upon you indefinitely in respect of your prior use of this website.
  11. These terms of use and the terms of use for client access, if applicable, including any changes hereto and/or thereto made from time to time (collectively, the “Terms”) constitute the entire agreement between you and Gold Investment Management relating to your use of this website, and supersedes all previous agreements, written, oral or otherwise, between you and Gold Investment Management. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under the Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of the Terms or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. The provisions of the Terms will enure to the benefit of and be binding upon each of Gold Investment Management and its successors, assigns and affiliates, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
  12. Except where prohibited by the laws of your jurisdiction, this site will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. By accessing the site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Edmonton, Alberta for any disputes or matters arising from, connected with, or relating to the website, the Terms or any related matters.

PRIVACY POLICY

The Personal Information Protection and Electronic Documents Act (the Act) regulates the way private sector organizations collect, use and disclose personal information. It does not apply to either corporate or not‐for‐profit organizations.  Its main objective is to ensure personal information collected from clients is used for its stated purpose and to safeguard such information.  “Personal Information” is defined as information about an “identifiable individual”. This includes such things as age, income, home address and phone number. It does not cover general contact information such as name, title, business address, business phone number, etc. Information that Gold Investment Management Ltd. (“GIM”) has collected for completion of the Investment Management Agreement or Investment Policy Statement is subject to the requirements of the Act.  GIM recognizes the importance of privacy and recognizes the sensitivity of personal information received by it in the conduct of its business. This policy has been prepared with this objective in mind.

Collection, Use and Disclosure of Personal Information

Where practical, GIM will try to collect personal information directly from the person to whom the information pertains. However, where appropriate, we may collect personal information from publicly available sources. We will collect only the personal information we deem necessary to discharge our obligations under the Act.  The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.

By retaining GIM for Investment Management Services, we consider that you have consented to our collection, use or disclosure of personal information as necessary to properly represent you in these financial and investment matters.  Where necessary, to fulfil our regulatory obligations, we may collect personal information about individuals other than our clients in accordance with the provisions of the Acts.  When we collect personal information about individuals directly from them, except in situations when their consent to the collection is deemed, we will advise them the purpose for which the information is collected.

Obtaining consent from the individual after disclosure of the purpose for which the personal information is collected, used and disclosed, is a key element of the Act. However, this obligation is not absolute. The Acts also permit us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited) to where:

  • the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
  • collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
  • the personal information is available to the public from a prescribed source; or
  • the collection, use, or disclosure is required or authorized by a Federal or Provincial statute or

When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete. The Act also allows us, for legal or business purposes, to retain personal information for as long as is reasonable, but also imposes obligations upon us to ensure that procedures are in place to destroy the personal information when it is no longer required.

Security of Personal Information

We recognize our professional and legal obligations to protect the confidential information of our clients. We also recognize our legal obligations to protect the personal information we have gathered about our clients and about other individuals during our business.  GIM has implemented policies and procedures to secure against   the   unauthorized   access, collection,  use,   disclosure,  copying, modification, disposal or destruction of personal information.

Requests for Access to Personal Information

Pursuant to the Act, an individual may submit a written request to us to provide them with: a record of the personal information of the individual under our custody or control; information about the purposes for which their personal information under our custody or control has been and is being used by us; and the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by us. We will respond to requests in the time allowed under the Act, and will make a reasonable effort to assist applicants, and to respond as accurately and completely as reasonably possible.

Requests may be subject to certain fees and disbursements in accordance with the provisions of the Act. An individual’s ability to access his or her personal information under our control is not absolute. The Act provides that we must not disclose personal information where:

  • the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
  • the disclosure would reveal personal information about another individual and consent is not obtained; or
  • the disclosure would reveal the identity of an individual who has, in confidence, provided us with an opinion about another individual, and the individual providing the opinion does not consent to the disclosure of his or her

The Act further provides that we may choose not to disclose personal information where: the personal information is protected by any legal privilege;

  • the disclosure of the information would reveal confidential commercial information, and it is not unreasonable to withhold that information;
  • the personal information was collected by us for an investigation or legal proceeding;
  • the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
  • the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under an agreement, under an enactment, or by a court; or
  • the personal information relates to or may be used in the exercise of prosecutorial

The above examples are not exhaustive, and you are encouraged to examine the provisions of the Act for a complete list.

Requests for Correction of Personal Information

An individual may also submit a written request to us to correct errors or omissions in the personal information of the individual that is in our custody or control. When provided with a written request, GIM will:

  • correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
  • decide not to correct the personal information but annotate the personal information that a correction was requested but not

Contacting or Communicating with Us

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer in writing as follows:

George Wu, CFA, MBA
Chief Compliance Officer
Gold Investment Management Ltd.
Suite 502 Fox One
10226 – 104 Street NW
Edmonton, AB  T5J 1B8

If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, you may wish to contact the Office of the Privacy Commissioner of Canada. We also encourage you to obtain a complete copy of the Act to further determine the rights and obligations contained within that legislation and to obtain independent legal advice if considered necessary. The contact information for the Office of the Privacy Commissioner of Canada and a copy of the Act can be obtained from the following link: http://www.priv.gc.ca/index_e.asp.

Gold Investment Management Ltd. (the “Company”) provides this Web site (the “Site”) for informational purposes only. By accessing the Site, you accept and agree to be bound by and comply with the terms and conditions set out herein (the “Terms”).  If you do not accept and agree to the Terms, you should not use the Site.

Information provided on the Site (the “Information”) is believed to be reliable and accurate at the time it is posted.  However, the Company does not guarantee that the Information is accurate, complete or current at all times. Such Information is provided on an “as is” and “as available” basis and the Company does not guarantee that access to the Site will be uninterrupted, timely, secure or error free. The Company does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties of merchantability, operation, usefulness, completeness, reliability, fitness for a particular purpose or that no viruses or other contaminating properties will be transmitted to your computer system. It is your sole responsibility to take precautions to ensure that your computer is adequately protected from computer viruses or other destructive properties.

The Information may contain technical inaccuracies or typographical errors and may be modified at any time without notice. As such, you agree to review the Terms regularly. Your continued access or use of the Site will constitute your acknowledgment of any modified terms and conditions and your agreement to abide and be bound by any changes to the Information or the Site.

The Company cannot ensure the privacy and confidentiality of any communications over the Internet. As a result, the Company advises you to not transmit any confidential or sensitive information to the Company over the Internet. The Company is not responsible for any damages that may arise if you choose to transmit confidential or sensitive information via this medium.

In no event will the Company be responsible or liable to you or any other party for any direct, indirect, special, incidental, or consequential damages, or any other damages arising out of or relating to the use of, misuse of or inability to use the Site (or a Web site linked to the Site).  Without limiting the foregoing, the Company will not be responsible or liable for any loss of revenue, profit or prospective economic advantage resulting from the use of, misuse of or inability to use the Site (or a Web site linked to the Site), even if advised of the possibility of such damages or such damages are reasonably foreseeable.

Neither the Site nor the Information constitute an offer or solicitation by the Company to buy or sell any products or services of any kind whatsoever including, without limitation, securities or any other financial instrument of any issuer.

No endorsement or approval of any third parties or their advice, opinions, information, products or services, either by way of a link to other Web sites or otherwise, is expressed or implied by any Information.
All product and service marks are the trade marks of their respective owners.  All of the Company’s trade marks used on the Site are used under license. You may display, download or print the Information for your own personal and non-commercial purposes provided that all copyright and other proprietary notices contained on the Information are not modified or removed.

If you choose to access the Site from outside of Canada, you acknowledge that the Information is intended for use by persons resident in Canada only.  Any products or services referred to on the Site are provided in accordance with local law. Your use of the Information shall occur on your own initiative and you are responsible for compliance with applicable local, national or international laws.