Investor Services® Access Terms and Conditions
Agreement constitutes a legal agreement between you and ATBSI or ATBIM, as
applicable. It is important that you read and understand these
terms and conditions because you will accept and agree to be bound by these terms
and conditions. If you do not agree with these terms and conditions, you
must not access either ATB Prosper or Investor Connect, or use the Services.
and conditions set out in this Agreement, as amended from time to time, apply
to your use and access of the Services. This Agreement replaces any and all
prior agreements between you and ATBSI or ATBIM,
as applicable, for the Services.
The terms defined in section P of this
Agreement and elsewhere in this Agreement have the meanings therein for the
purposes of this Agreement.
If there is any conflict between the terms
and conditions in this Agreement and the terms and conditions of any other
agreement you may have with us, in relation to a product or
service offered by us (collectively,
the “Other Agreements”), then
unless otherwise indicated in this Agreement, the terms and conditions of the
Other Agreements shall apply to the extent of the inconsistency. This
Agreement does not replace any of the Other Agreements.
You represent to us that you have the
power and capacity and are competent to enter into this Agreement. If an
individual, you represent that you are of legal age and either are not an
employee of any other member, member firm or member corporation of any
exchange, or of any non-member broker or investment dealer or are such an
employee and have so declared to us and delivered to us proper written
permission of such employer to maintain your Account. If a corporation,
partnership, trust, syndicate or other similar form of organization, you
represent that all necessary action has been taken to agree to and enter into
C. Services - General
To access the Site and the Services for
the first time, you will be required to create and register your profile on the
Site, and select a Username and Password. You will also be required to set-up Security
Registration of your profile on ATB
Prosper will enable you to access Investor Connect and the Investor Connect
Services using your same Username, Password and Security Questions registered
on ATB Prosper.
You agree that the use by you, or
purporting to be by you, of your Username and Password together is your
electronic signature ("Electronic Signature") and is the legal
equivalent to your written, signed instructions. You agree that we may accept
and act upon any instructions provided to us through the Site when your Electronic
Signature has been used to access the Site, whether or not it is you who accessed
the Services. You agree that electronic display pages accessed by entering
your Electronic Signature constitute written documents and that clicking or
otherwise electronically activating "OK", "submit",
"continue", "approve", or similar areas of such pages
according to on-screen instructions or otherwise submitting instructions
electronically shall have the same legal effect as if you had signed by hand
and delivered hard copy versions of such pages to us with intent to be legally
bound by their contents. You agree that once such instructions are clicked or
submitted, we shall have no obligation to reverse them.
You agree that the Services will not be
used for illegal or fraudulent purposes or for purposes which could affect the
security or integrity of the Services or ATB Financial systems, hardware or
We reserve the right to deny access to
some or all of the Services, or deny access to the Site all together, under
certain circumstances, including:
if any of your assets are attached or
assigned by a legal order;
if in our judgment any activity on any of
your Accounts or the use of the Services is for illegal or fraudulent purposes;
if in our judgment access to your Accounts
is being performed fraudulently or without your consent;
if you are in arrears in any obligation to
us including service charges, etc.; or
if access to the Site or the Services is
being used to attempt to obtain unauthorized access to ATB Financial systems,
hardware or software.
if you request reinstatement of access to
any Service or the Site, we may require that you take certain steps, such as
updating security software on your Device or Mobile Device, before we may
No fees will be charged to use the
You are responsible for the care and
safety of your Password and Security Questions (together, “Security Information”).
You will keep the Security Information confidential and secure from all
You will notify us immediately by calling 1-800-332-8383
if your Security Information may have become known by someone else, has been
disclosed to anyone, or if there has been suspicious, fraudulent or unusual
activity on any of your Accounts.
The Device or Mobile Device that you use
may be vulnerable to viruses or online attacks that seek to intercept or alter
information. To reduce the chance of this occurring, you should take all
reasonable precautions, including ensuring that any such Device or Mobile
Device you use to access the Site or any of the Services has up-to-date
anti-virus software, anti-spyware software and a firewall, if available. In
addition, you should also ensure that you log off of the Site each time you
finish using it, as soon as you are finished.
E. Verification of Identity
You agree that we may take the necessary
steps to verify your identity in accordance with applicable laws. You also
agree that we may rely on ATB Financial for verification of your identity.
F. Mobile Services
If you access the Site from a Mobile Device:
You must first be registered to access the
You understand that not all of the
Services, functionality, content or information (including Live Chat (as
applicable), notices and legal and privacy terms) of the Site may be available on
your Mobile Device and access may not be available outside of Canada. You
agree to regularly access the Site through a Device in order to obtain the
Services, functionality, content and information of the Site; and
There may be links to or icons to click to
terms and conditions or other important information that you must read when
clicking in or accessing the Site on your Mobile Device. You agree to click on
those links or icons, read the terms and conditions and information, and you
agree that by accessing the Site on your Mobile Device that you are bound by
those terms and conditions.
G. Errors and Corrections
We endeavour to provide accurate
information on and through the Site, but errors may occur and information may
become out of date. We do not guarantee the accuracy, completeness, or
timeliness of the information available on or through the Site. We may in our
discretion change the information available on or through the Site at any time
or from time to time and without notifying or being liable to you. You may
obtain complete and up-to-date information about the products, services and
other matters referenced in the Site by attending any branch or by calling 1-888-282-3863.
H. ATB Prosper
Terms and conditions in this section H
apply only to the ATB Prosper Services and are in addition to all other terms
and conditions in this Agreement. If there is a conflict between this section H
and the remaining terms of this Agreement, this section H will prevail to the
extent of the inconsistency.
Through ATB Prosper, you may establish an
investment goal, complete an investment risk assessment, open an ATBSI Account,
purchase, redeem or switch between Compass mutual fund portfolios, and track the
pace and progress of your investment goal.
The information, material and content
provided through ATB Prosper is not intended to provide financial, tax, legal
or accounting advice to you, and should not be relied upon in that regard. You
should obtain appropriate professional advice before acting or omitting to act
based upon any information provided on or through ATB Prosper.
You may apply to open an ATBSI Account
through ATB Prosper.
We are required by law to verify your
identity. If you do not have an existing account with ATBSI, ATB Investor
Services or ATB Financial, we will verify your identity through one of the
a. we will obtain an Equifax eIDcompare™, and have you upload
through ATB Prosper an image of a bank statement, a void cheque or a screen
capture of your online banking. The image that is uploaded must display the name of the bank or financial institution, account
holder name and account information. The bank statement and screen capture must
also display transactions within the last 30 days to show that the account is
active (account balance may be redacted); or
b. your attendance at any ATB Financial branch to provide your
When you open an ATBSI Account through ATB
Prosper, you will, through DocuSign®, consent and agree to complete the
Application electronically, electronically sign the Application and/or other
Account documents, and receive Account Agreements and/or disclosures electronically.
You may print or save the Application,
Account Agreement and/or other Account documents or disclosures for your
records through DocuSign®. We do not own or operate DocuSign® software, and we
are not responsible for this software.
After you submit your Application through
ATB Prosper, you may be contacted by telephone or by email if we require
further information from you in order to process your Application.
I. Investor Connect
Terms and conditions in this section I
apply only to the Investor Connect Services and are in addition to all other
terms and conditions in this Agreement. If there is a conflict between this
section I and the remaining terms of this Agreement, this section I will
prevail to the extent of the inconsistency.
Through Investor Connect, you may access
some of your Account documents by electronic means if you consent to the
electronic delivery of your Account documents.
The types of documents that will be
delivered electronically through Investor Connect include portfolio reports,
income tax receipts, trade confirmations, Account statements and proxy-related
materials that are delivered by us or those acting on our behalf, such as
transfer agents (“Documents”). You can view the types of Documents that are
available for electronic delivery from time to time by logging into Investor Connect.
By selecting “electronically” as your
preferred delivery method for a Document type in Investor Connect, you are
consenting to the electronic delivery of those Documents to you by us. You
understand that all Documents delivered electronically hereunder will be made
available or delivered through Investor Connect. You understand that in order
to electronically receive the Documents that you have selected, that you must
be registered to access Investor Connect. By providing your consent, you
confirm that you possess the necessary resources to access the Documents that
you have selected to be delivered electronically hereunder.
You may revoke your consent to receive any
Documents electronically by selecting “paper” as your preferred delivery
method. It may take up to 10 days for your preferences to be updated in our
system. When you revoke your consent and change your delivery option to paper
form, your Documents will be mailed to the last mailing address we have for you
in our records.
The Documents will be made available to
you through Investor Connect. Depending on your preferred notification method,
we will either email you or post in Notifications to notify you that a Document
is available to access on Investor Connect. Until such time as you close your
Account with us, Documents are accessible for 7 years after they are posted on
Investor Connect. You may print or save any Document made available through
Investor Connect for your records.
You acknowledge that any Document
delivered to you through Investor Connect is deemed to be delivered to you on
the day such Document is available to access on Investor Connect, and not on
the day that you actually review the Document. You agree that it is your
responsibility to access your emails or Notifications, as applicable, for
notifications and Investor Connect for Documents on a regular basis but, in any
event, not less than once every 15 days. You understand and agree that we are
not responsible to you in any way for any losses you may suffer from your
failure to review notifications to your email or posted in Notifications, as
applicable, or Documents made available through Investor Connect.
You agree to review each Document and must
notify us in writing of any discrepancies, errors or omissions with respect to
any information contained in the Document within 30 days from the date the
Document is available to access on Investor Connect, failing which the Document
will be deemed to be conclusively correct and complete and will be binding upon
you. In such case, we will be released by you from any claims in respect of the
Document and no claim may be made by you against us for any item disclosed on
Documents may be provided in HyperText
Markup Language (HTML), Portable Document Format (PDF), or other compatible
formats. In order to access PDF documents, you must have Adobe® Acrobat® Reader
software. This software is available for download at no cost at
http://www.adobe.com. If you do not have the ability to access and retain both
PDF and HTML documents, you will not be able to consent to electronic delivery
of the Documents. By consenting, you confirm that your Device or Mobile Device
is equipped with Adobe Acrobat Reader. We do not own or operate Adobe® Acrobat®
Reader software, and we are not responsible for this software.
10. We reserve the right to provide you with your Documents by
paper delivery if we are unable to electronically deliver the Documents, have
reason to believe you may not have received the Document, or otherwise consider
it necessary. You agree to continue to notify us of any change to your mailing
address as you are required to do by your Account Agreement, even if you have
selected the electronic delivery of the Documents. Any Documents to be sent by
paper delivery will be mailed to the last mailing address we have for you in
11. If you provide an email address that is shared by multiple
users, you acknowledge that any notifications sent to the email address,
including notifications that Documents are available on Investor Connect, may
be seen by anyone with access to the email address. You are responsible for
such person receiving the notification.
12. The information contained on Investor Connect does not
constitute a solicitation or an offer to buy or sell Securities or buy or sell
products or services of ATBSI, ATBIM and/or our affiliates.
ATB Financial either owns the intellectual
property rights in the underlying HTML, text, images, audio clips, video clips,
software and other content that is made available to you on the Site, or has
obtained the permission of the owner of the intellectual property in such
content to use the content on the Site. You acknowledge that all information
made available to you on the Site is proprietary to ATB Financial or to the appropriate
information supplier and is protected by copyright law and other applicable
intellectual property laws.
You are permitted to use the content that
is delivered to you through the Site only in connection with your use and
access of the Services. Your right to use the Services is personal to you and
not transferable. You may not:
copy, reproduce, distribute or create
derivative works of any portion of the Services;
reverse engineer, decompile, alter, modify
disassemble or otherwise attempt to derive source code utilized in the Services
or any third party applications incorporated into the Services;
sell, rent, sublicense, lease, lend or
allow time-share access or use to third parties of any portion of the Services;
distribute or provide copies of any
portion of the Services to third parties;
resell the use of the Services;
use the Services to provide services to
any third parties; or
use the Services as a platform for
designing and creating a competing product or service.
K. Limitation of Liability
We will exercise the care, diligence and
skill of a reasonably prudent person to ensure the integrity, confidentiality
and security of your confidential investment and Personal Information.
Notwithstanding any other provisions hereof, you release us, our affiliates,
and each of our respective directors, officers, employees, agents, successors
and assigns from any liability for any losses you may suffer or breaches of
your privacy, whether created by statute, contract, or your expectations, that
may arise due to any third party gaining access to your confidential investment
and Personal Information by intercepting or otherwise gaining access to your
emails or to your profile through the Site. You further indemnify us, our
affiliates, and each of our respective directors, officers, employees, agents,
successors and assigns for any losses you may suffer due to any third party
gaining access to your confidential investment and Personal Information by
intercepting or otherwise gaining access to your emails or to your profile
through the Site. In no event will we, our affiliates, and each of our
respective directors, officers, employees, agent, successors and assigns be
liable (even if negligent) for any consequential, incidental, indirect,
special, economic, punitive or exemplary loss or damages.
We are not required to verify the identity
of, or to confirm if any authority has been granted to, the user of your
Electronic Signature or any component of it.
We will make every reasonable effort to
ensure performance of the Services. Unless we are negligent, we are not liable
for any loss, damages, costs, claims, expenses, harm or injury caused by:
electronic delivery malfunction or failure
that affects the accuracy of the Documents or timing of delivery of the
Documents in connection with the Investor Connect Services;
service malfunction or failure that
affects the accuracy or timing of any functions; or
system or Device or Mobile Device error,
failure, malfunction, unavailability or withdrawal, whether or not within or
beyond its control.
There are no warranties or conditions,
express or implied, with respect to the Services under this Agreement.
We are not responsible for acts or
omissions of your Internet service providers.
You access and use the Site and the
Services at your own risk. The Site and the Services are provided on an “as is”
and “as available” basis.
L. Termination, Discontinuance and
You may terminate access to the Site by
providing us with notice. Upon termination you must immediately cease using the
Site and the Services. The Site access will also be terminated upon the closure
of the relevant Accounts. Neither termination nor discontinuance shall affect
your liability or obligation under this Agreement.
We have the right to vary, discontinue or
terminate elements of the Services at any time without notice to you.
We may amend the terms and conditions of
this Agreement at any time by posting a notice on the Site or by providing
notice to you of such amendments. Notice of the amendments may be given either
before or after the coming into effect of such amendments. Your use of the
Services after the later of either the notice or the date the amendment comes
into effect, constitutes your consent to such amendments.
M. No Waiver
We shall not be deemed to have waived any
of our rights or remedies hereunder unless such waiver is in writing and signed
by us. No delay or omission on our part in exercising any right or remedy shall
operate as a waiver of such right or remedy or any other rights or remedies. A
waiver on any particular occasion shall not be construed as a bar or waiver of
any rights or remedies on future occasions.
By registering to access the Site, you
consent to receive communications, notices and messages (“Notices”)
electronically from us and from our service providers working on our behalf to
service your Accounts with respect to your use of the Services, by way of email,
to the email address you have provided to us in connection with your profile on
the Site. You agree to regularly review your emails for such Notices.
You agree to update your telephone number
and email address in the event that it changes by updating your profile on the
Site, dropping by an ATB Financial branch, or by calling us at 1-800-282-3863.
You may contact us if you wish to withdraw
your consent to receive Notices electronically. When you withdraw your consent
for such electronic Notices, all Notices will be sent to you by mail to the
last mailing address we have for you in our records.
O. Privacy and Use of Your Personal
1. We will collect, use and disclose your Personal Information
in accordance with ATB Financial’s Collection, Use and Disclosure Statement (“Privacy Statement”). Details of ATB Financial and our commitment to
protecting our customers’ privacy are set out in ATB Financial’s Privacy Code
(“Privacy Code”). Copies of the
Privacy Statement and Privacy Code may be obtained at www.atb.com, from any ATB Financial branch, or by
calling ATB Financial’s Customer Care Centre at 1-800-332-8383.
ATB Financial may contract with third
parties or agents to collect, use, store or process Personal Information that
is obtained through or entered into the Site. Some of these third parties or
agents may be located outside of Alberta or Canada, and Personal Information
may be transferred or processed outside of Alberta or Canada for these
purposes. Personal Information held with a third party or agent in another
province or country is subject to the laws of that jurisdiction and thus may be
collected, used, or disclosed without your knowledge or consent where required
or permitted by law. You may access ATB Financial’s Out of Canada Service
Providers Statement at www.atb.com under the
heading Privacy and Security.
We use third party web analytical tools to
improve our products and services. When you use the Site, we may collect
information about how you access the Site, including usage patterns and what
content you downloaded. This information is measured for general statistics and
does not reveal your individual identity.
If you have questions about the
collection, use or disclosure of your Personal Information, you may contact ATB
Financial’s Privacy Officer by e-mail to: PrivacyOfficer@atb.com, or by mail at:
ATB Financial Privacy
#2100, 10020 – 100
Alberta T5J 0N3
You may also contact ATB Financial’s
Customer Care Centre at: 1-800-332-8383.
P. Definitions and Interpretation
In this Agreement, unless the context
“Account” means any account with ATBIM or ATBSI, as applicable, for
which you may access to use the Services.
“Account Agreement” means all
agreements, in paper or electronic form, between you and ATBIM or ATBSI, as applicable, governing your use of the
“Application” means the application, in paper or electronic form, for
“ATB Financial” is the trade name/ registered trademark of Alberta
Treasury Branches, the parent company of ATBIM and ATBSI.
“ATBIM” means ATB Investment Management
Inc., a wholly owned subsidiary of ATB Financial
and is registered with the Alberta Securities Commission.
“ATB Investor Services” is a registered trademark of ATB Financial.
“ATB Prosper” is a trademark of ATB Financial and is the secure website
that may be used by you to directly access the ATB Prosper Services.
“ATB Prosper Services” means ATB Investor Services’ online services that are available
from time to time on or through ATB Prosper.
“ATBSI” means ATB Securities Inc., a wholly owned subsidiary of ATB Financial and a member of
the Investment Industry Regulatory Organization of Canada.
“Device” means a
computer or laptop that supports access
to the Services.
“including” means including but not limited to.
“Investor Connect” is a trademark of ATB Financial and is the
secure web access/online portal that may be used by you to directly access the
Investor Connect Services.
“Investor Connect Services” means ATB Investor Services’ online
services that are available from time to time on or through Investor Connect.
“Live Chat” means the communication point that you may access when
accessing ATB Prosper where you and ATBSI may securely communicate with each
“Mobile Device” means a smart phone, wearable device, tablet, watch or any other portable
electronic device (excluding a laptop) that
supports access to the Services and that we allow you to use to access the
“Notifications” means the notice centre in
“Password” means any confidential combination of letters, numbers and
characters that you select from time to time as a means of identifying you and enabling
you to access the Site.
“Personal Information” means personal information
as defined in Privacy Legislation.
“Privacy Legislation” means the Personal
Information Protection and Electronic Documents Act (Canada) and the Personal
Information Protection Act (Alberta) and includes National Instrument
33-102 as amended from time to time.
“Securities” has the same meaning
as defined in the Securities Act (Alberta) as amended from time to time.
“Security Questions” means the questions and answers that you may be required
to choose and provide answers to when prompted in order to assist us in
confirming that you are the person accessing the Services.
“Services” means the ATB Prosper Services and/or Investor Connect Services,
“Site” means ATB Prosper and/or Investor Connect, as applicable.
“Username” means either a username or the email address that you
select in accordance with our guidelines. Your Username must be used together
with your Password to access the Services.
“We”, “us”, and “our” means ATBIM or ATBSI, as applicable.
“You” and “your” means
the person or entity enrolled with us to access the Site and the Services.
This Agreement shall be governed by and
interpreted in accordance with the laws in force in the Province of Alberta and
you agree to submit to the jurisdiction of the Courts of the Province of Alberta.
Headings used in this Agreement are for
convenience only and do not affect its interpretation.
If any term of this Agreement is found by
a court of competent jurisdiction to be invalid, illegal or void, that term
will be severed from this Agreement and the remaining terms of this Agreement
will continue in full force and effect modified only to reflect the severance
of that term.
This Agreement binds you, your successors
and assigns, heirs, executors, administrators and legal representatives.
This Agreement and all related documents
have been drafted in the English language at the express request of the
parties. Le present document ainsi que tous documents s’y rattachant ont été
rédigés en langue anglaise à la demande expresse des parties.