Gluskin Sheff + Associates Inc. (the “Company”) provides a company Website, a Twitter account, a LinkedIn account and any other online content or social media account (the “Sites”) for informational purposes only. By accessing any of the Sites, 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 any of the Sites.
Information provided on the Sites (the “Information”), including hyperlinks or references to other sites, 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 Sites 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 Sites or the Information, including without limitation, warranties of merchantability, operation, usefulness, completeness, reliability or 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. You are responsible for evaluating the adequacy, accuracy, reliability, completeness and relevance of any Information.
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 Sites 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 Sites.
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.
The Information is not intended to constitute financial, investment, accounting, legal or tax advice and, should not be relied upon in that regard. As expressed above, the contents of the Sites are for informational purposes only and you should consult with a professional prior to acting on any Information.
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 Sites (or a website linked to the Sites). 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 website linked to the Sites), even if advised of the possibility of such damages or such damages are reasonably foreseeable.
Neither the Sites 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.
References to specific securities and their issuers are not intended and should not be interpreted as recommendations to purchase, sell or hold such securities. The Company’s products and strategies may or may not include the securities referenced, and if such securities are included, no representation is being made that they will continue to be included.
All product and service marks are the trade marks of their respective owners. All of the Company’s trade marks used on the Sites 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.
Any action arising out of these Terms or the Sites shall be subject to the jurisdiction of the Province of Ontario.
The Sites are a forum where civility should prevail. While the Company may monitor third-party postings we may or may not review them before they are displayed. A third-party post is the view and responsibility of the poster, not the Company. We cannot guarantee the appropriateness, accuracy or usefulness of a third-party posting or of any third-party link. It is unlawful to post unauthorized or copyrighted materials.
The Company is an SEC-registered investment adviser and we therefore cannot publish or otherwise disseminate testimonials about our products or services. Please refrain from such postings. You should keep discussions to the economic or other themes mentioned, and refrain from commenting, positively or negatively, on the Company, its products and services, or its employees. We reserve the right to screen or remove any postings.
You represent and warrant to the Company that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms, including but not limited to attempting or actually (i) disrupting, impairing or otherwise interfering with the operation or integrity of the Sites or circumventing any of the Sites’ security systems; (ii) collecting information about other users of the Sites; or (iii) systematically extracting Information contained in the Sites to populate databases or other sites.
You should use reasonable caution in evaluating information on or available through the Sites. We reserve the right to remove any post at any time for any reason where the Sites’ technology permits. If we do not remove a post that does not mean the Company endorses its content or view. We also reserve the right to alter, edit or adapt a third-party post. All posts to the Sites become the unrestricted property of the Company.
Any hyperlinks or referenced websites on the Sites are for your convenience only. These hyperlinks may connect or lead you to third parties’ websites. Any descriptions of, references to, or links to other products, publications or services do not constitute an endorsement, authorization, sponsorship by or affiliation with the Company with respect to any linked site or its sponsor, unless expressly stated by the Company. Any such information, products or sites have not necessarily been reviewed by the Company and are provided or maintained by third parties over whom the Company exercises no control. The Company expressly disclaims any responsibility for the content, the accuracy of any information, or the quality of any products or services provided by or advertised on these third-party sites. The Company reserves the right to terminate any hyperlink at any time.
Gluskin Sheff has developed and implemented policies governing how we will achieve accessibility through meeting the requirements under Ontario’s Integrated Accessibility Standards. These policies include Information and Communication, Employment and Customer Service policies.
Descriptions of these policies are available upon request and arrangements will be made to provide them in an accessible format if required.
Gluskin Sheff will provide accommodation, upon request, for applicants with disabilities in our recruitment and selection process.
Gluskin Sheff will receive and respond to feedback regarding the manner in which it provides information about the company and its products and services to people with disabilities. Upon request, we will arrange for the provision of accessible formats and communication supports. If you wish to provide feedback please contact a representative at Gluskin Sheff.
Gluskin Sheff has developed a multi-year accessibility plan which outlines the requirements under Ontario’s Integrated Accessibility Standards and what actions have or will be taken to meet our obligations.
IMPORTANT NOTICE FOR NON-CANADIAN PERSONS AND INVESTORS
The information contained in the Sites is directed only at, and any securities and financial services being offered are available only to, persons resident in Canada and such other jurisdictions where they may be legally offered. The Company provides investment advisory services on a discretionary basis to non-Canadian persons and Investors (including U.S. Persons) where permitted by law.
The Sites and any Information therefrom should not be considered as an offer to sell or a solicitation to buy the Company’s investment funds to any person residing in the United States of America or any other jurisdiction in which such an offer or solicitation is unlawful.
Nothing contained within the Sites shall constitute an offer or solicitation to anyone in the United States of America or any jurisdiction where such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.
If you choose to access the Sites 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 Sites 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.
FORWARD LOOKING STATEMENTS
The Sites may contain forward-looking statements (within the meaning of applicable securities laws) relating to the Company’s business and the environment in which it operates. Forward-looking statements are identified by words such as “believe”, “anticipate”, “expect”, “intend”, “plan”, “will”, “may” and other similar expressions. These statements are based on the Company’s expectations, estimates, forecasts and projections. They are not guarantees of future performance and involve risks and uncertainties that are difficult to control or predict. The risks and uncertainties related to the Company are discussed in the Company’s regulatory filings available on the Company’s website and at www.sedar.com. There can be no assurance that forward-looking statements will prove to be accurate as actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, a forward-looking statement speaks only as of the date on which such statement is made. The Company undertakes no obligation to publicly update any such statement or to reflect new information or the occurrence of future events or circumstances.
At Gluskin Sheff + Associates Inc. (Gluskin Sheff), we are, and always have been, committed to maintaining the highest level of confidentiality regarding the personal information that our clients share with us. We have always recognized that this is your information, not ours, and we only share it when we have your express permission. Respecting your privacy is a value which is honoured throughout our firm. In pursuit of this commitment, Gluskin Sheff is guided and governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), which regulates the private sector’s collection, use and disclosure of personal information.
Gluskin Sheff recognizes that it is responsible for the personal information which you have imparted to us. We have established practices and procedures to ensure that this information is appropriately safeguarded and have appointed a Privacy Officer to administer the process. All employees of Gluskin Sheff must abide by the principles outlined below.
IDENTIFYING THE PURPOSE OF COLLECTING PERSONAL INFORMATION
Personal information, under PIPEDA, includes, but is not limited to, your name, address and telephone number, birth date, social insurance, passport or driver’s license number and photo, as well as your financial and investment information. This information may be collected through account applications or other forms, or through conversations or other correspondence with you. We collect this and other information about you in order to properly identify you, to contact you or your designated representatives, to understand your investment needs, to make appropriate investment decisions on your portfolio, to manage the administration of your account, to inform you of services we offer that may be relevant to you and to satisfy legal, regulatory, custodial and tax reporting requirements.
OBTAINING YOUR CONSENT
The Gluskin Sheff Account Agreement contains a number of sections in which you are requested to supply personal information about yourself. By completing and signing this agreement or by providing us with personal information by any other means, you are consenting to the collection of your personal information and any subsequent personal information that is collected by us for the purposes which we have set out. You may withdraw your consent at any time, subject to legal and contractual conditions; however, this may have an impact on the services that we are able to provide to you.
COLLECTING ONLY ESSENTIAL INFORMATION
Our accounting, compliance and client service personnel are aware that only information necessary for the opening and operating of your investment account is to be requested and collected.
LIMITING THE USE, DISCLOSURE, AND RETENTION OF YOUR PERSONAL INFORMATION
Confidentiality of client information is a fundamental principle of our firm. No employee may release confidential client information, including the fact that a person either is or is not a client of the firm, unless required by law or with the client’s express consent.
All employees of Gluskin Sheff are accountable for safeguarding and maintaining the privacy of all personal information under their control. Our accounting, compliance, client service and administration personnel have been appropriately instructed and trained to ensure that account information, when requested, is only supplied to people who are expressly authorized by you to receive it. Our systems identify whether there are any such authorized recipients other than yourself for your account. To maintain awareness of our policies and practices in this regard, annually we have all of our employees sign a confidentiality agreement affirming their undertaking to faithfully abide by these practices. To satisfy regulatory requirements, personal information will be retained for at least seven years.
We will not disclose your personal information to third parties, except to the extent required to fulfill the purposes we have set out. We use service providers in various aspects of the services we provide to you, including, but not limited to, custodians, transfer agents, fund accounting, administrators, storage facilities, information technology providers, auditors, lawyers and other third parties. These third parties are only provided with the information necessary to perform the required services, and we require, under written agreements that these third parties protect the privacy of your information. Gluskin Sheff will not sell your personal information.
We may be required to disclose your personal information to domestic and international governments, and other regulators. We will only do so when required by law.
ENSURING THE ACCURACY OF PERSONAL INFORMATION
Staff who are in regular contact understand that they have a responsibility to update the central database whenever they learn of changes in your personal information. As well, update forms are circulated periodically to give you the opportunity to revise your personal information. Should you have any concerns about the accuracy of your personal information which we have on file, please contact your Gluskin Sheff representative or our Privacy Officer as indicated at end of this document.
USING APPROPRIATE SAFEGUARDS
In the course of establishing a secure environment for the operation of our investment management activities, Gluskin Sheff has implemented a number of steps to safeguard the integrity of all client personal information.
Hard copies of account documentation for open and recently closed accounts are stored in locked cabinets which are available only to those staff that need to work with this material. Protection of Gluskin Sheff’s premises is secured through limited access only to those in possession of secure pass cards.
Archival documents are stored with reliable third parties offsite at secure premises.
Personal information in the form of electronic data is stored within our computer systems using firewalls, passwords and transmission encryption programs.
All electronic data is backed up daily at an offsite storage facility which maintains industry standard security systems.
BEING OPEN AND TRANSPARENT ABOUT OUR PROCESSES RELATING TO PERSONAL INFORMATION
MAKING PERSONAL INFORMATION ACCESSIBLE TO CLIENTS
You may access your personal information that we have on file by contacting your client service representative or writing to the Privacy Officer at the address indicated below. Gluskin Sheff will be pleased to explain how your information is used and correct or amend any information which is determined to be incorrect or deficient. Requests for information will be responded to within 30 days.
RESPONDING TO INQUIRIES AND COMPLAINTS
Inquiries or complaints will be dealt with promptly. Please direct your communication in writing, to the address indicated below. The Privacy Officer will acknowledge your query, investigate and provide you with a response within 30 days.
Gluskin Sheff + Associates Inc.
Bay Adelaide Centre
333 Bay Street, Suite 5100
Toronto ON M5H 2R2
Attention: Privacy Officer
Gluskin Sheff has selected its Board members for their experience and skills. Potential conflicts of interest may arise as a result of common directorship between Gluskin Sheff and an issuer in which accounts or funds managed by Gluskin Sheff may invest. In addition, from time to time, a director, officer or key personnel of Gluskin Sheff may act as a director or officer of an issuer in which accounts or funds managed by Gluskin Sheff may invest. Below is a list of issuers for which a director, officer or key personnel of Gluskin Sheff acts as a director and/or officer.
GS+A North American All-Cap Fund
GS+A Premium Income Fund
GS+A Premium Income Trust
GS+A U.S. Equity Fund (formerly GS+A U.S. Premium Income Fund)
GS+A U.S. Equity Fund II (formerly GS+A U.S. Equity Fund)
GS+A International Fund
GS+A Dividend Distribution Fund
GS+A Global Special Situations Fund
GS+A Enhanced Bond Fund
GS+A Tactical Fixed Income Fund II
GS+A Credit Arbitrage Fund
GS+A Enhanced Yield Fund
GS+A Short-Term Bond Fund
Blair Franklin Global Credit Fund LP
GS+A Premium Income Fund (Delaware) LP
GS+A U.S. Equity Fund (Delaware) LP
GS+A International Fund (Delaware) LP
GS+A Enhanced Bond Fund (Delaware) LP
GS+A Tactical Fixed Income Fund (Delaware) LP
GS+A Tactical Fixed Income Fund (Cayman)
GS+A Tactical Fixed Income Master Fund (Cayman) LP
OCP Senior Credit Partners, LP
OCP Senior Credit Fund International, Ltd.
Onex Fox GS LP
Onex Fox GS Feeder LP
Onex Senior Credit Fund (Canada)
Onex Senior Floating Income Fund (Canada)