The Bank of New York Mellon Canada Privacy Notice
Last Updated: March 13, 2020
The Bank of New York Mellon Corporation and its affiliates (collectively referred to as "BNY Mellon", "we", "us") take their data protection and privacy responsibilities seriously. This privacy notice (“Privacy Notice”) explains how we collect, use and share personal information in the course of conducting our business activities in Canada, including:
- What personal information we collect and when and why we use it
- How we share personal information within BNY Mellon and with our service providers, regulators and other third parties
- Carrying out direct marketing
- Transferring personal information globally
- How we protect and store personal information
- Legal rights available to help manage your privacy
- How you can contact us for more support
The BNY Mellon entity responsible for your personal information will be the member of BNY Mellon that originally collects information from or about you. This will be explained in separate privacy notices made available when your personal information is first collected by that BNY Mellon entity, for example where you or the business you work for engage us to provide a service.
We may amend this notice from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this notice. If we make significant changes to this privacy notice, we will seek to inform you by notice on our website or email ("Notice of Change").
What Personal Information We Collect and When and Why We Use It
In this section you can find out more about:
- the types of personal information we collect
- how we use personal information
- when we collect personal information
- the legal basis for using personal information
BNY Mellon data subjects
BNY Mellon collects personal information about you if you:
- register with, visit or use one of our website(s) or online services;
- are a private client;
- are a customer of one of our institutional clients; and/or
- visit a BNY Mellon office or register to attend a BNY Mellon event.
BNY Mellon will collect your business contact information if you:
- represent one of our institutional clients; or
- work with us as a service provider.
Personal information we collect
Personal Information we collect will fall within one of the below categories:
- Your name and how to contact you – Basic contact information about you, including your signature
- Identification data including unique descriptors – Government issued identifiers, other unique identifiers such as date of birth, and personal descriptors that might identify you
- Financial and Transactional – Financial information about you, transactional information and credit information, account authentication details
- Contractual details – Information collected as part of the products and services we provide to you
- Socio-Demographic – Includes details about your work or profession, nationality, education
- Technical Information – Details about your devices and technology that you use to access our services, including IP address
- Behavioural – Information about how you use our products and services
- Location – Data we receive about where you are
- Communications – Information we capture through your communications with us, e.g. telephone conversations, emails and instant messaging
- Publicly available data – Details about you that are in public records and information about you that is openly available on the internet
- Sensitive categories of data – The law and other regulations treat some types of personal information, including personal information relating to health or criminal convictions and offences as special and affords them additional protections. We will only collect, use and disclose these types of data if the law allows us to do so.
Personal information we collect will be used for one or more of the following purposes
In general, BNY Mellon uses personal information to:
- To manage your relationship with BNY Mellon
- To develop, deliver and support our products and services
- To administer the products and services we deliver
- Crime prevention and detection
- To protect our brand, our business and our clients’ interests
Where we collect your personal information from
We will collect the personal information we use for the above purposes from one or more of the below sources:
- Directly from you throughout our relationship, including when you use our products, services and websites
- From other BNY Mellon entities
- From third parties that are authorised to share your information with us, such as intermediaries, broker dealers, our institutional clients and service providers
- From publicly available sources of information
The legal basis for using your personal information
We will only collect, use and share your personal information where we are satisfied that we have your express or implied consent, or an exception applies under applicable law to our collection, use or disclosure of your personal information without your consent. For example:
- Where you have provided your express consent to our collection, use and disclosure of your personal information to fulfil a contract we have with you or to take steps to enter into a contract with you when you ask us to provide you with a product or service
- Where you have provided your express consent to receive marketing communications
- Where it is reasonable for us in the circumstances to assume that you have implicitly granted your consent, as described below
- Where our use of your personal information is necessary to comply with a legal obligation that we have, for example where we are required to report to tax authorities
- Where our use of your personal information is required for regulatory reasons that are in the public interest, for example to prevent and detect financial crime
How you consent to the use of your personal information
By providing your personal information to BNY Mellon, you consent to BNY Mellon’s collection, use and sharing of your personal information as described in this Privacy Statement.
Consent can be express or implied. Express consent can be verbal or written. For example, an application for registration of a retirement savings plan may contain a written consent for our use of your information to carry out the role of a retirement savings plan trustee. Or you might consent to release the information over the phone. Consent is implied when we can reasonably conclude that you have given consent by an action you have taken or not taken, or where the context reasonably requires that we have and use information to carry out what you have asked us to do.
You can withdraw your consent any time after you’ve given it to us by contacting our Chief Privacy Officer, provided there are no legal or contractual requirements to prevent this and you have provided us with reasonable notice. If you do not consent to certain uses of information or if you withdraw your consent, we may not be able to provide a particular service. If so, we’ll explain the situation to you to help you with your decision.
BNY Mellon may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local, federal or foreign regulations or a legally permitted inquiry by a Canadian or foreign government agency, or to collect a debt owed to us.
When someone hires BNY Mellon to process your information for them, you may have provided them with express or implied consent to share that information with BNY Mellon so that BNY Mellon can carry out the information processing. BNY Mellon may process your information on behalf of other entities to whom you have provided your personal information. We will process the information only as necessary to provide the contracted services to those other entities and will safeguard and handle your information in accordance with this Privacy Statement. Once it is shared with us, we will safeguard it and handle it in accordance with this Privacy Statement.
How We Share Personal Information Within BNY Mellon, With Third Parties, With Our Regulators
In this section you can find out more about how we share personal information:
- within BNY Mellon
- with third parties that help us provide our products and services; and our regulators
We share your information in the manner and for the purposes described below:
- within BNY Mellon, where such disclosure is necessary to provide you with our services or to manage our business;
- with third parties who help manage our business and deliver services. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us. These include IT service providers who help manage our IT and back office systems with agencies and organizations working to prevent fraud in financial services;
- with our regulators;
- to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
- we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our business partners, affiliates or advertisers; and
- BNY Mellon may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personal information, technical information about your device or browser and/or other anonymous information we obtain from you via the websites may be disclosed to any potential or actual third-party purchasers of such assets and/or may be among those assets transferred.
Using Cookies and Other Technologies
In this section you can find out more about:
- Types of cookies used on our websites
- Third party advertisers
- Third party sites
- Control your cookie settings
Types of cookies used on our websites
We, and third party service providers acting on our behalf, use session and persistent Cookies to:
- Remember preferences that you submit as well as those generated from your usage data and your responses to polls and surveys on our websites;
- Measure your use of our websites in an effort to improve its quality and enhance your overall experience, including tracking page views, time and date of website access, and other usage data, and identifying your operating system and browser type (but not other information about your computer or the programs on it) and your general geographic location; and
- Allow you to share certain information on our websites via social media bookmarking buttons, email or on social networking sites.
The third party service providers mentioned above use any personal information they collect on our behalf solely for the purpose of providing the contracted service to us. They have also agreed to confidentiality restrictions.
We may use aggregated usage data to track trends and analyse patterns on our websites. If you register to enter an area of our websites, the website will recognize who you are and collect all information that you submit (including subscription to emails, etc.). Information collected about you from this website may be associated with other identifying information that we have about you.
Third Party Advertisers
Third Party websites
Control your Cookie settings
Most browsers are initially set to accept Cookies. However, you have the ability to change your browser settings. It may also be possible to configure your browser settings to enable acceptance of specific Cookies or to notify you each time a new Cookie is about to be stored on your device enabling you to decide whether to accept or reject the Cookie. You can also disable Cookies by configuring your browser setting to reject Cookies. Please refer to the help section of your browser for instructions on disabling Cookies. For more information about Cookies, how they work, why they are so useful and how to disable them, you can visit www.allaboutcookies.org.
If you do not wish to accept Cookies from our Website, please either disable them or refrain from using our website. If Cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using all or part of our website.
Carrying Out Direct Marketing
In this section you can find out more about
- How we use personal information to keep you up to date with our products and services
- How you can manage your marketing preferences
How we use personal information to keep you up to date with our products and services
We may use personal information to let you know about BNY Mellon products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
How you can manage your marketing preferences
To protect your privacy rights and ensure you have control over how we manage marketing with you:
- we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;
- you can ask us to stop direct marketing at any time. You can ask us to stop sending email marketing by following the 'unsubscribe' link you will find on the email marketing messages we send you. Alternatively, you can contact us. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email); and
- you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained above.
We recommend you routinely review the privacy notices and preference settings that are available to you on social media platforms, as well as your preferences within your BNY Mellon account.
Transferring Personal Information Globally
In this section you can find out more about:
- How we operate as a global business and transfer data internationally
- The arrangements we have in place to protect your personal information if we transfer it overseas
BNY Mellon operates on a global basis. Accordingly, your personal information may be transferred and stored in countries outside of your jurisdiction (such as the USA and India), that are subject to different standards of data protection. Where BNY Mellon transfers personal information internally within BNY Mellon or to any third party between different jurisdictions, for the purposes outlined in this document, it will take appropriate steps to ensure that transfers are in accordance with applicable law and carefully managed to protect your privacy rights and interests.
To this end:
- transfers within BNY Mellon will be conducted in a manner that adheres to data protection laws;
- where we transfer your personal information outside BNY Mellon, or to third parties who help provide our products and services, we obtain contractual commitments from them to protect your personal information and to limit their use to that which is strictly necessary to assist us in providing our products and services; or
- where we receive requests for information from law enforcement or regulators, we carefully validate these requests before personal information is disclosed.
How We Protect and Store Your Information
We have implemented and maintain a comprehensive information security program with written policies and procedures designed to protect the confidentiality and integrity of personal information. The information security program contains administrative, technical and physical safeguards, appropriate to the type of information concerned, designed to: (i) maintain the security and confidentiality of such information; (ii) protect against any anticipated threats or hazards to the security or integrity of such information; (iii) protect against unauthorized access to or use of such information that could result in substantial harm, and (iv) ensure appropriate disposal of such information. The security of your personal information also depends in part on the security of the devices you use to communicate with us, the security you use to protect user IDs and passwords, and the security provided by your internet service providers.
Storing your personal information
We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this notice. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting, or necessary technical requirements.
In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
Legal Rights Available to Help Manage Your Privacy
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:
Right to access and correct personal information
- BNY Mellon aims to ensure that all personal information is correct, subject to changes to personal information and personal circumstances (for example, change of address and bank accounts) being notified promptly.
- You have the right to request access to/ a copy of any of your personal information that BNY Mellon may hold about you. In order to respond to your request, we will require that you provide documentation sufficient to verify your identity. If you demonstrate that the information we hold about you is inaccurate or incomplete, we will amend it. Depending on the nature of the information, amendment may involve correction, deletion or addition of information.
- Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you.
Right to withdraw consent
Where we have relied on your consent to process particular information and you have provided us with your consent to process the information, you have the right to withdraw such consent at any time. You can do this by contacting the Global Privacy Office or the Line of Business that you have engaged.
Right to complain
If you consider that the processing of your personal information infringes applicable law, you have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada. If you have any questions, concerns or complaints regarding our compliance with this notice and applicable data protection laws, or if you wish to exercise your rights, we encourage you to first contact our Global Privacy Office. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honour your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by data protection laws.
The Chief Privacy Officer can be contacted in the following ways:
By email: firstname.lastname@example.org
The Global Privacy Office
160 Queen Victoria Street
London EC4V 4LA