WHEREAS Planworth Inc. (“Planworth”) and Flinks Technology Inc. (“Flinks”, and together with Planworth, the “Providers”) provide subscribing advisors (“Advisors”) with the option to provide access to Advisor’s clients additional services provided by Flinks through Planworth’s platform (“Platform”) including Planworth’s “Client Discovery Tool”;
AND WHEREAS you, as a client of an Advisor, have shown interest in the Client Discovery Tool and have instructed the Providers to disclose data as defined and in a manner set out below in order to benefit from the capabilities, resources and services offered by the Client Discovery Tool and the Platform (the “Purpose”), your consent to disclose and process data as defined below is required in certain cases, which is obtained through the present Authorization;
AND WHEREAS this authorization (“Authorization”) constitutes your authorization and consent in favor of the Providers and the terms and conditions of this Authorization together with any documents and/or additional terms they expressly incorporate by reference, govern your access to and use and/or services offered on or through the Client Discovery Tool and the Platform (described below).
NOW, THEREFORE, you hereby confirm, agree and acknowledge as follows:
- By agreeing to and giving this Authorization, you authorize and direct the Providers to disclose Data (as defined below) and authorize the Providers to Process (as defined below) your Data for the Purpose.
- You confirm that: (i) you are providing this consent voluntarily on your part, as a result of your desire to benefit from the Client Discovery capabilities; (ii) your decision to provide or not provide this Authorization, and/or any subsequent decision by you to revoke or limit this Authorization, shall not alter the validity, applicability and effect of any applicable privacy notice, privacy code, waiver, consent, agreement or any framework between you and the Providers related to the use and disclosure of Data; (ii) this Authorization does not grant you additional rights or impose additional obligations on the Providers.
- You warrant to have obtained all free and informed consents and approvals as needed for the Providers to engage in Processing of any third party data that you may provide (such as personal data relating to beneficial owners or authorized signatories).
- Terms of the Authorization
- You acknowledge that the Providers will Process Data in accordance with relevant Provider policies, frameworks and applicable laws and regulations, including their respective privacy policies.
- You will receive services from Flinks and your Data may be shared with Flinks. Flinks will be required by contractual or other means to provide a comparable level of protection to Data as provided by the Providers. At a minimum, they will be required to comply with the contractual obligations of confidentiality and data security requirements.
- Depending on the jurisdiction in which the data may be Processed, local confidentiality and data protection rights and respective enforcement possibilities may differ and may not necessarily provide an equivalent or comparable level of protection, when compared to the rights provide under Canadian federal and provincial laws.
- Notwithstanding Section 4(c) above, the Providers do not assume or bear any responsibility for the Data or its security during and after its transmission to Flinks, the completeness and accuracy of the Data, the use of the Data by Flinks or the outputs and reports that are prepared based on the Data. You agree to hold the Providers harmless from any loss or damages incurred as a result of the Data transmission and the use of such Data for any purpose by Flinks, including the sharing of such Data with others by them.
- Legal and regulatory requirements applicable to a recipient, its third party service providers or subcontractors may include an obligation to disclose Data to authorities, in such cases, your Data will be disclosed to relevant authorities.
- To the extent permitted by applicable law, the Providers shall not be liable for any losses or damage (whether resulting directly or indirectly) from the Processing of Data, save where such losses or damages are the direct result of the intentional breach of this Authorization by, or gross negligence of, the Providers.
- You may revoke this authorization at any time by providing written notice to the Providers. Processing of the revocation will be carried out without undue delay. Any Data Processed before the revocation will not be affected and in case of a transfer, the Data transferred will remain with the recipient. The Providers have the right to terminate transmission of Data at any time at their sole discretion and are not obligated by rule or regulation to continue to supply Data to Flinks.
- The defined terms in this Authorization have the following meanings ascribed to them:
“Data” means all information, including confidential information and records, in respect of your direct and indirect assets, liabilities and other financial and investment interests, your relationship with your Advisor and/or the Providers, your relationship with financial institutions and your relationship with advisors other than your Advisor. This includes but is not limited to the following: (i) your personal particulars, including name, address an contact details; (ii) all account opening, “know your customer” and due diligence documentation; (iii) third party information related to you, such as the identity and business data of any beneficial owner; (iv) details of your wealth and assets, invested with your Advisor or any other institution; (v) the identity and business data of shareholders and affiliated companies (and their respective shareholders and beneficial owners); (vi) transactional data; (vii) personal and other correspondence or information in possession, control or custody of the Providers.
“Process/Processing” means any operation or set of operations which is performed on Data including but not limited to collecting, disclosing, transferrin, accessing, sharing, using, analyzing, adapting, exchanging, storing of Data as well as the creating and sharing of profiles from Data.