Scotiabank Group Privacy Agreement

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1 Sctiabank Grup Privacy Agreement Last revised Octber 2010 Yur privacy is imprtant t Sctiabank. This Agreement sets ut the infrmatin practices fr Sctiabank Grup Members in Canada, including what type f infrmatin is cllected, hw the infrmatin is used, and with whm the infrmatin is shared. This Agreement may be amended frm time t time. (See Further Infrmatin, belw, fr an explanatin f hw we will advise yu f any future changes.) In this Agreement, we, ur, us and Sctiabank mean, as applicable, any Sctiabank Grup Member r the cllective Sctiabank Grup and include any prgram r jint venture any f these parties participates in; yu and yur mean an individual wh has made applicatin t us fr, enrlled in r signed an applicatin in respect f any persnal r business banking, insurance, brkerage r financial prduct r service ffered by us ( Service ), including any c-applicants, guarantrs r persnal representatives. Cllecting, using and disclsing yur infrmatin 1. When yu apply fr, r prvide a guarantee in respect f, r use any Service and while yu are ur custmer, yu agree that: We may cllect persnal infrmatin frm yu and abut yu such as: Yur name, address, telephne number, nature f yur principal business r ccupatin and date f birth, which is required by law; Identificatin, such as a valid driver s license r passprt. We may als ask fr dcuments such as a recent utility bill t verify yur name and address; Yur annual incme, assets and liabilities and credit histry; Infrmatin abut yur transactins, including payment histry, accunt activity and hw yu intend t use the accunt r Service and the surce f any incming funds r assets; Infrmatin we may need in rder t prvide yu with a Service such as health infrmatin if yu are applying fr certain insurance prducts. In sme instances, prviding this infrmatin is ptinal; Infrmatin abut third parties such as yur spuse if yu are applying fr certain Services, where this infrmatin is required by law; and Infrmatin abut beneficial wners, intermediaries and ther parties, which is required by law. Fr legal entities such as businesses, partnerships, trusts, estates, clubs r ther rganizatins, we may cllect the infrmatin referred t abve frm each authrized persn, partner, trustee, executr and club member, as apprpriate. We may cllect yur persnal infrmatin, and use it, and disclse it t any persn r rganizatin fr the fllwing purpses:

2 T cnfirm yur identity; T understand yur needs; T determine the suitability f ur Services fr yu; T determine yur eligibility fr ur Services; T set up, manage and ffer Services that meet yur needs; T prvide yu with nging Service; T satisfy legal and regulatry requirements that we believe are applicable t us, including the requirements f any self-regulatry rganizatins t which we belng; T help us cllect a debt r enfrce an bligatin wed t us by yu; T respnd t a curt rder, search warrant r ther demand r request which we believe t be valid, r t cmply with the rules f prductin f a curt; T manage and assess ur risks; T investigate and adjudicate insurance claims; and T prevent r detect fraud r criminal activity r t manage and settle any actual r ptential lss in cnnectin with fraud r criminal activity. When we cllect yur health infrmatin fr the purpse f prviding an insurance Service, we will use that infrmatin strictly fr that purpse. (See belw fr mre infrmatin.) We d nt prvide directly all the services related t yur relatinship with us. We may use third party service prviders t prcess r handle persnal infrmatin n ur behalf and t assist us with varius services such as printing, mail distributin and marketing, and yu acknwledge that we may release infrmatin abut yu t them. Sme f ur service prviders are lcated utside f Canada. As a result, yur persnal infrmatin may be accessible t regulatry authrities in accrdance with the law f these jurisdictins. When persnal infrmatin is prvided t ur service prviders, we will require them t prtect the infrmatin in a manner that is cnsistent with Sctiabank Grup privacy plicies and practices. 2. We may cllect, use and disclse yur Scial Insurance Number (SIN) fr incme tax reprting purpses, as required by law. In additin, we may ask yu fr yur SIN t verify and reprt credit infrmatin t credit bureaus and credit reprting agencies as well as t cnfirm yur identity. This allws us t keep yur persnal infrmatin separate frm that f ther custmers, particularly thse with similar names, and helps maintain the integrity and accuracy f yur persnal infrmatin. Yu may refuse t cnsent t its use r disclsure fr purpses ther than as required by law. 3. We may verify relevant infrmatin yu give us with yur emplyer r yur references and yu authrize any persn whm we cntact in this regard t prvide such infrmatin t us. If yu apply fr r enrll in a Service and during the time yu have the Service, we may cnsult varius financial service industry databases r private investigative bdies maintained in relatin t the type f Service yu have applied fr, enrlled in r have. Yu als authrize us t release infrmatin abut yu t these databases and investigative bdies. In Canada, investigative bdies are designated under the regulatins f the Persnal Infrmatin Prtectin and Electrnic Dcuments Act (PIPEDA) and include such rganizatins as the Bank Crime Preventin

3 and Investigatin Office f the Canadian Bankers Assciatin and the Investigative Services Divisin f the Insurance Bureau f Canada. 4. Yu agree that we may mnitr r recrd any telephne call we have with yu. The cntent f the call may als be retained. We may infrm yu befre prceeding with the call f this pssibility. This is t establish a recrd f the infrmatin yu prvide, t ensure that yur instructins are fllwed prperly and t ensure custmer service levels are maintained. 5. Sctiabank may use vide surveillance in and arund ur branches, bank machines and ther lcatins fr the purpse f: safeguarding ur clients and emplyees; and prtecting against theft, fraud and vandalism. Any vide images recrded are destryed when they are n lnger required fr business r ther purpses, and any persnal infrmatin is safeguarded in accrdance with this Agreement. 6. If yu have a Service with us, we may use, disclse t and cllect frm credit bureaus r financial service industry databases, credit and ther infrmatin abut yu in rder t ffer yu pre-apprved credit prducts r margin facilities. We may als d this after the Service has ended. Yu may withdraw yur cnsent at any time by giving us reasnable ntice (see belw). 7. We may give infrmatin (except health infrmatin) abut yu t ther members f the Sctiabank Grup (where the law allws this) s that these cmpanies may tell yu directly abut their prducts and services. The Sctiabank Grup includes cmpanies engaged in the fllwing services t the public: depsits, lans and ther persnal financial services; credit, charge, debit and payment card services; full-service and discunt brkerage services; mrtgage lans; trust and custdial services; insurance services; investment management and financial planning services; and mutual funds investment services. This cnsent will als apply t any cmpanies that frm a part f the Sctiabank Grup in the future. Yu als agree that we may prvide yu with infrmatin frm third parties we select. Yur cnsent t this is nt a cnditin f ding business with us and yu may withdraw it at any time (see belw). Fr a list f Sctiabank s affiliates and subsidiaries in Canada, please refer t the Public Accuntability Statement/Crprate Scial Respnsibility Reprt available at any Sctiabank branch r n 8. We may ask yu fr cntact infrmatin such as yur telephne, mbile r fax number r address, and keep and use this infrmatin as well as disclse it t ther members f the Sctiabank Grup s that we r any f these cmpanies may cntact yu directly thrugh these channels fr the purpse f marketing, including telemarketing. This cnsent will als apply t any cmpanies that frm a part f the Sctiabank Grup in the future. Yur cnsent t this is nt a cnditin f ding business with us and yu may withdraw it at any time (see belw). 9. If we sell a cmpany in the Sctiabank Grup r a prtin f the business f a Sctiabank Grup Member, we may release the infrmatin we hld abut yu t the prspective purchaser. We will require any prspective purchaser t prtect the infrmatin prvided and t use it in a manner that is

4 cnsistent with Sctiabank Grup privacy plicies and practices. 10. We may keep and use infrmatin abut yu in ur recrds fr as lng as it is needed fr the purpses described in this Agreement, even if yu cease t be a custmer. 11. Yu agree that all infrmatin that yu give us will, at any time, be true and cmplete. If any persnal infrmatin changes r becmes inaccurate r ut f date, yu are required t advise us s we can update ur recrds. Refusing r withdrawing cnsent Subject t legal, regulatry and cntractual requirements, yu can refuse t cnsent t ur cllectin, use r disclsure f infrmatin abut yu, r yu may withdraw yur cnsent t ur further cllectin, use r disclsure f yur infrmatin at any time in the future by giving us reasnable ntice. Hwever, depending n the circumstances, withdrawal f yur cnsent may prevent us frm prviding yu, r cntinuing t prvide yu, with sme Services r infrmatin that may be f value t yu. We will act n yur instructins as quickly as pssible but there may be certain uses f yur infrmatin that we may nt be able t stp immediately. Yu cannt refuse ur cllectin, use and disclsure f infrmatin required by third party service prviders essential fr the prvisin f the Services r required by ur regulatrs, including self-regulatry rganizatins. Sme f ur service prviders are lcated utside f Canada. As a result, yur persnal infrmatin may be accessible t regulatry authrities in accrdance with the law f these jurisdictins. Yu can tell us at any time t stp using infrmatin abut yu t prmte ur Services r the prducts and services f third parties we select, r t stp sharing yur infrmatin with ther members f the Sctiabank Grup. If yu wish t refuse cnsent r t withdraw cnsent as utlined in this Agreement, yu may d s at any time by cntacting the branch r ffice with which yu are dealing r by calling us tll-free. Sctiabank SCOTIA SctiaMcLed Direct Investing SctiaMcLed and Sctia Private Client Grup SctiaLife Financial In additin, if yu apply fr, accept, r guarantee, a line f credit, term lan, mrtgage r ther credit accunt with us When yu apply fr, accept, r guarantee a lan r credit facility r therwise becme indebted t us, and frm time t time during the curse f the lan r credit facility, we may use, give t, btain, verify, share and exchange credit and ther infrmatin (except health infrmatin) abut yu with thers including credit bureaus, mrtgage insurers, creditr insurers, reinsurers, registries, ther cmpanies in the Sctiabank Grup and ther persns with whm yu may have financial

5 dealings, as well as any ther persn as may be permitted r required by law. We may d this thrughut the relatinship we have with yu. Yu als authrize any persn whm we cntact in this regard t prvide such infrmatin t us. If yu have a VISA* accunt with us, we may give infrmatin (except health infrmatin) abut yu t VISA Canada Assciatin, VISA Internatinal Service Assciatin and their emplyees and agents, fr the purpse f prcessing, authrizing and authenticating yur VISA card transactins, prviding yu with custmer assistance services, and fr ther purpses related t yur VISA accunt. We may als give this infrmatin in respect f yur participatin in cntests and prmtins administered by the Assciatin n ur behalf. If yu have a Service with us such as a SctiaCard banking card, we may give infrmatin (except health infrmatin) abut yu when yu use yur SctiaCard banking card t electrnic payment service prviders, debit card netwrks, lyalty prgram partners and their respective emplyees and agents fr the purpse f prcessing, authrizing and authenticating yur debit card transactins, prviding yu with custmer assistance services and fr ther purpses related t yur Services. We may als give this infrmatin in respect f yur participatin in cntest and prmtins administered by the electrnic payment service prviders, debit card netwrks, and lyalty prgram partners n ur behalf. If yu have a mrtgage accunt with us, we may give infrmatin abut yu, including credit infrmatin, t mrtgage insurers fr any purpse related t mrtgage insurance. Infrmatin retained by Canada Mrtgage Husing Crpratin will be subject t federal access t infrmatin and privacy legislatin. During the term f the lan r credit facility, yu may nt withdraw yur cnsent t ur nging cllectin, use r disclsure f yur persnal infrmatin in cnnectin with the lan r ther credit arrangement yu have with us r have guaranteed. We can cntinue t disclse yur persnal infrmatin t credit bureaus even after the lan r credit facility has been retired, and yu may nt withdraw yur cnsent t ur ding s. We d this t help maintain the accuracy, cmpleteness and integrity f the credit reprting system. In additin, if yu accept an insurance Service with us When yu apply fr, enrll in r sign an applicatin in respect f r accept an insurance Service frm us, we may use, give t, btain, verify, share and exchange infrmatin abut yu with thers including references yu have prvided, frm hspitals and health practitiners, frm gvernment health insurance plans, frm ther insurers, frm medical infrmatin and insurance service bureaus, frm law enfrcement representatives, frm private investigatrs, and frm ther grups r cmpanies where cllectin is necessary t underwrite r therwise administer the Service requested, including the assessment f claims. Yu als authrize any persn whm we cntact in this regard t prvide such infrmatin t us. If yu accept an insurance Service with us, r if an insurance Service is issued n yur life, yu may nly withdraw yur cnsent as nted abve s lng as the cnsent des nt relate t underwriting r claims where the Sctiabank Grup member must cllect and reprt infrmatin t insurance service bureaus after the applicatin has

6 been underwritten r the claim has been adjudicated. This is necessary t maintain the integrity f the underwriting and claims systems. Further infrmatin Yu acknwledge that we may amend this Agreement frm time t time t take int cnsideratin changes in legislatin r ther issues that may arise. We will pst the revised Agreement n ur website and make it available at ur branches r we may als send it t yu by mail. We may als ntify yu f any changes t this Agreement in any f the fllwing ways: A ntice prminently displayed at all banks ATMs; An annuncement thrugh the Vice-Respnse-Unit (VRU); A ntice n the Sctiabank website; A ntice in ur branches; r A ntice in yur mnthly statement. Yur cntinued use f the accunt r Service fllwing ntice f such change means that yu agree t and accept the new terms and cnditins f the Agreement as amended. If yu d nt agree with any f the changes made r with the new terms f the Agreement, yu must immediately stp using the accunt r Services and ntify us that yu are clsing yur accunt r terminating yur Service with us. If yu have a general questin abut any Sctiabank Grup Member's privacy plicies, please cntact the branch r ffice yu deal with r call us tll-free at If yur branch r ffice is nt able t reslve yur cncern t yur satisfactin, cntact the President's Office: Telephne: Fax: Letter: mail.president@sctiabank.cm The President, Sctiabank, 44 King Street West, Trnt ON M5H 1H1 Cpies f ur entire frmal Privacy Cde as well as the Sctiabank Guidelines fr Business Cnduct are als available t the public n These dcuments frm part f the Sctiabank Grup Privacy Agreement. Fr the purpses f this Agreement, Sctiabank Grup means, cllectively, The Bank f Nva Sctia and all f The Bank f Nva Sctia s affiliates and subsidiaries with respect t their peratins in Canada. Sctiabank Grup Member means The Bank f Nva Sctia r any ne f its affiliates and subsidiaries with respect t its peratins in Canada. Registered trademark f The Bank f Nva Sctia. *VISA Int./Lic. user The Bank f Nva Sctia.

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