Legal Information
This website is operated by Manulife Investment Management Holdings (Canada) Inc. (“MIMH”), a Manulife Financial company. Manulife Investment Management provides financial solutions in key markets around the world. This expertise extends across a broad range of money management, retirement and investment solutions.
Location-specific sections of this website are operated by MIMH, and may only be used as directed/permitted in those sections. This website, but for the location-specific sections, is not directed at residents of any specific jurisdiction. Upon selection of a particular customer type, you will be redirected to the specific Manulife Investment Management legal entity site that is designed specifically for such customer, based on products available in your jurisdiction for your customer type, e.g., retail, retirement or institutional. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction.
If you wish to access and use this website, you must accept and agree to be bound by and comply with these global terms and conditions of use (the "Global Terms"), which apply to all parts of the Manulife Investment Management website. If you do not agree to these Global Terms, then you must refrain from accessing or using the website. All Global Terms will apply irrespective of the specific use made by internet users of this website. Your use of this website constitutes your acceptance of these Global Terms, and has the same force and effect as a signed agreement. You confirm having read, understood and accepted these Global Terms.
INTRODUCTION
A brief introduction about this website
The following information is important and is for your protection. This website is for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this website. Nor does this website constitute an offering or recommendation by Manulife or any of its affiliates described herein of any security, insurance, investment management service, retirement service, brokerage or advisory service and should not be considered as communicating any invitation or inducement to engage in investment activity in any jurisdiction.
No representation is given that the securities, products, or services discussed on, or accessible through, this website are suitable for any particular customer. You acknowledge that your use of this website and requests for information are unsolicited, and the provision of any information through this website shall not constitute or be considered investment or financial advice of any kind.
Who is the operator of this website?
The website's home page and its contents are operated by Manulife Investment Management Holdings (Canada) Inc..
General terms and conditions of using this website
Manulife Investment Management does not claim that any retirement products, investment advice, funds or strategies described herein or any products or services incorporated by reference on this website may be offered in any particular jurisdiction. No security or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities laws or other laws of such jurisdiction. No such security, insurance or other product or service is offered or will be sold in any jurisdiction in which registration, licensing, qualification, filing or notification would be required unless such registration, license, qualification, filing or notification has been effected. All Manulife Investment Management products and services shall be subject to the terms and conditions of any applicable agreements, including Manulife Investment Management approval.
This website, including the location-specific sections, is not directed at children, is not intended to market any product or service to children, and does not seek to solicit or obtain personal information from children.
Does this website describe Manulife Investment Management’s financial services capabilities?
This website may cover general information about Manulife Investment Management’s financial services capabilities. The capabilities referred to on this website may be provided by one or more of the firms that are affiliated with Manulife Investment ManagementHoldings (Canada) Inc. and are incorporated by reference only and in no way should be perceived, either directly or indirectly, as making any offer of products or services as a result of such reference.
What do I need to know about the accuracy of information contained within this website?
No warranty is made in respect to the information contained in this website. Manulife Investment Management believes that the information contained and opinions expressed in this site are accurate at the date of publication, but does not guarantee the accuracy, completeness, currency or authenticity of any site content.
Does this website offer advice?
Nothing contained within this website should be construed as investment, insurance, securities, tax or legal advice, and you agree that this website will not be used by you for these purposes. The website does not contain any advice as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or insurance products. Decisions based on information contained in this website are the sole responsibility of the user. The information contained in this website is not an offer to sell or a solicitation of an offer to buy any security or any investment or insurance product or service.
Does this website include content from third-party providers other than Manulife and its affiliated companies?
No.
Important information about liability
You agree that your use of the website shall be on an "as is" basis entirely at your own risk.
Limitations of liability - Manulife Investment Management makes no warranty or representation that the website, including the location-specific sections, can be accessed at all times. The website, or portions of the website, may, without notice, be temporarily unavailable or restricted for administrative or other reasons.
You will indemnify all Manulife Investment Management entities (including their parent companies, and affiliated or associated companies) and their officers, directors, employees and agents in respect of any third-party claim, including reasonable attorneys' fees, for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the operation, use or supply of information to a third party provided in breach of any of your obligations under these Global Terms.
If you transmit any communication through this website to Manulife Investment Management directly or through any third-party internet or other service provider, you shall be responsible and liable for any omissions or failures that may be made while transmitting or receiving communications using this website. This website is not designed for the transmission of time sensitive instructions - this means that if you use this website to transmit time sensitive instructions, you will be responsible and liable for any loss that may arise, and you transmit such time sensitive information at your own risk.
You agree that neither Manulife Investment Management, nor any officer, affiliate, manager, member, director, agent or employee of Manulife Investment Management, or any Manulife Investment Management affiliate, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with, the use or inability to use the website by you or any third party, including without limitation any of the following:
A. Reliance. Damages resulting from or arising from any reliance on the website or any content on the website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the website or any content.
B. Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the website by any user or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
C. Force Majeure. Any delay or failure of Manulife Investment Management to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond Manulife Investment Management's control.
Intellectual property
Unless otherwise indicated, Manulife Investment Management or its affiliates owns the copyright and any other intellectual property rights subsisting anywhere in the world to the information on this website. You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any of the information, contained in this website, except for the purpose of accessing the website and producing print-outs for your own personal use, or making a reasonable number of copies of such pages for internal use within your organization in accordance with these Global Terms. Users shall not remove, alter, or obscure any copyright, trademark, trade secret or other proprietary rights notices appearing in or on the website, and shall reproduce all such notices on any copies of content made by or on behalf of users.
We do not recommend or endorse and accept no responsibility for the content of any website not operated by Manulife Investment Management which you may visit by following a link from this website. You acknowledge and agree that Manulife Investment Management is not responsible for the availability of such third-party sites or resources, and do not endorse, approve, investigate or verify, and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Manulife Investment Management shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. These links are provided as a convenience and solely for informational purposes. Manulife Investment Management is not making any recommendation to invest in, purchase, or sell any securities or other products or services issued by the companies with the linked sites, nor has Manulife Investment Management sought to verify or confirm the information contained in the linked sites. Accordingly, Manulife Investment Management disclaims any responsibility for the linked sites.
No other website, without the prior written permission of Manulife Investment Management, is authorized to link to any part of this website.
Names, phrases, logos, icons, graphics, images or designs, including the design marks above, used throughout the website may be trade names, registered or unregistered trademarks or services marks ("Trademarks") of The Manufacturers Life Insurance Company, its subsidiaries or affiliates. The display of Trademarks on this website is not an implied license to any third party for use of the Trademarks. Any retransmission or alteration of Trademarks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.
OTHER INFORMATION
Changes to content within the website
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Global Terms at any time without notice to website users. Similarly, we reserve the right, in our sole discretion, to change, modify, add or remove the content of this website, including the location-specific sections, or to terminate the website in whole or in part. You must check these Global Terms periodically for changes. Any changes, modifications, or additions to, or deletions from these Global Terms shall be effective upon posting on this website. If you access this website, including the location-specific sections, after we post changes to the Global Terms, you further acknowledge the
Global Terms as changed and agree to be bound by them.
Here you can find information about what personal data we collect from you either via the website or other interactions with you, what we do with that information, who we may share it with and why, and your choices and rights when it comes to personal information you have given us.
General
In the event that any provision of these Global Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Global Terms. Manulife Investment Management and user authorize a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. Manulife Investment Management's failure to act with respect to a breach by user or others does not waive their right to act with respect to subsequent or similar breaches.
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement and any use of the website, other than the location-specific portions of the website, which shall be governed as indicated therein. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement or your use of the website. In the event of any conflict between foreign laws, rules and regulations and those of Canada, the laws, rules and regulations of Canada shall govern.
These Global Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Global Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
PRIVACY POLICY
Types of personal data we may collect
As part of our general business activity, we may collect your name, work contact details and details of the position you hold in your professional capacity. We may also collect information about you or individuals you represent, e.g. directors, officers and other key management personnel.
Purposes of collecting personal data
We collect and process your personal data for the purposes of logging interactions with clients and potential clients, consultants and other associated persons, and for relationship management and, in particular to:
· establish your identity and assess applications for our products and services;
· design and administer our products and services;
· manage our relationship with you;
· manage our risks and help identify and investigate illegal activity, such as fraud;
· contact you, for example if we suspect suspicious activity on your account or need to tell you something important;
· conduct and improve our businesses and improve the customer experience;
· comply with our legal obligations and assist government and law enforcement agencies or regulators; and
· identify and tell you about other products or services that we think may be of interest to you.
Legal Basis for processing personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where you have explicitly consented to such use. You have the right to withdraw such consent at any time by contacting us via the details set out below.
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Those legitimate interests are as follows:
o In order to provide you with our services and products and seek payment for such services and products. o To keep our records updated, to ascertain how our clients use our services and products and to develop our services and products. o To administer and protect our business and our website, including our administration and IT services, network security and to prevent fraud. o To develop our services and grow our business. o Where we need to comply with a legal or regulatory obligation. |
Your legal rights
Under certain circumstances, if you are an individual, you have rights under data protection laws in relation to your personal data as set out below:
· Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data.
However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of your rights set out above:
· Please contact us using the contact details set out below.
· You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
· We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
· We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Recipients of personal data
We will not share your personal data with any third party marketing agencies. We may share your information with other affiliated companies within the Manulife group of companies if we have a legitimate interest for doing so. We may also share your data with third parties where we have a legitimate interest or legal reason for doing so. These include:
· service providers, for example custodians, brokers, unit registry services or correspondent banks;
· those to whom we outsource certain functions, for example, direct marketing, statement production, information technology support;
· brokers, agents and advisers and persons acting on your behalf, for example a custodian or asset consultant;
· other financial institutions, for example so that we can process a claim for mistaken payment;
· auditors;
· government and law enforcement agencies or regulators; and
· entities established to help identify illegal activities and prevent fraud.
Transfers of data to a country outside the European Economic Area (the “EEA”)
We may share your information with Manulife affiliated companies in other countries . To the extent that your information is shared outside the EEA, U.K, or Switzerland we ensure that equivalent protections are in place by implementing at least one of the following safeguards:
· Your personal data will be transferred to a country that has been deemed to provide an adequate level of protection for personal data by the European Commission or the U.K.
· We may enter into a specific contract with the recipient of your personal data which has been approved by the European Commission or the U.K. which gives the personal data the same protection it has in Europe or the United Kingdom.
The main countries to which your information may be transferred are:
· Canada
· Hong Kong
· Singapore
· United Kingdom
· United States
How long we hold your data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data can be obtained by contacting us using the contact details set out below.
Right to lodge a complaint
You have the right to lodge a complaint against us. You may do so by contacting us using the details below.
Chief Privacy Officer
Manulife Investment Management Holdings (Canada) Inc. is responsible for any data collected as a result of your use of this website.
The Chief Privacy Officer is responsible for overseeing questions relating to the Manulife Privacy Policy. You may contact us, via the CPO, to request further information, make a complaint or exercise your legal rights in writing or by phone using the contact details below:
Chief Privacy Officer
Manulife Financial Corporation
200 Bloor Street
Toronto, Ontario
Canada
Paul_McKay@manulife.com
For further reference on Manulife's policy, please read the "Statement of Corporate Privacy Principles".
Please note that if you telephone Manulife Investment Management, calls may be monitored or recorded to maintain and improve services.
Cookies
Manulife Investment Management's websites use "cookies" for collecting user information from certain pages of the websites, and in order to improve our service to you. A cookie is a file that is stored on the hard disk of a computer by the web browser on a computer. It contains information sent by the website that a user has visited. Manulife uses cookies in two ways. Firstly it does so to direct users to the correct portion of the website, i.e., to the area most appropriate for their user needs, and/or to the correct language version of their site in the case of sites with multiple languages. Secondly, cookies are used to gain basic information on users such as whether they are unique or regular users. The former type of cookie will expire after the end of the user's session whereas the latter will remain unless they are deleted by the user. Users may choose to refuse cookies or turn them off through their web browser settings, however, this may prevent access to parts of the website.
Security
You acknowledge and confirm that the internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the internet is not possible at this time. Your confidential use of the website cannot be guaranteed and you acknowledge that your use of the website (including information you transmit to the website) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, Manulife Investment Management shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
User content
You agree that you are solely responsible for your actions, and the content of its transmissions through or posting on the website and that such actions will abide by all applicable local, state, national and international laws and regulations in use of the website. You also agree not to (i) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) interfere or disrupt networks connected to the website; (iii) use any device, software or routine in an attempt to interfere with the proper functioning of the website or any transactions being offered at the website; and (iv) take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure.