Privacy Policy

This Privacy Policy is issued on behalf of Resolute Funds Limited (“we”, “us” or “Resolute Funds”) and the Resolute Performance Fund® (the “Fund”).  We are an investment manager and our only client is the Fund.  We do not deal directly with the public, as units of the Fund are sold only through registered dealers, but we do maintain two web sites, and, for the convenience of investors in the Fund.  Further, in fulfilment of our obligations under applicable securities laws, we may collect and use personal information about investors in the Fund, as more specifically described below.

We are always aware that when you invest in the Fund that you entrust us with more than your money, and we take very seriously the obligation to keep any personal information that we obtain as confidential and private as possible.  The federal Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) came into effect on January 1, 2004 with respect to the collection, use and disclosure of personal information of all private sector organizations in the course of commercial activities in Canada.  We intend to comply at all times with PIPEDA and any other applicable privacy laws.

Information we gather about investors in the Resolute Performance Fund:  By purchasing units of the Fund, you thereby consent to the collection, use and disclosure of such personal information that you provide, or which is provided by the dealer through which your units are purchased or held, or which is otherwise collected by us or our agents, as may be reasonably necessary in connection with the purchase, holding or redemption of units as follows:

  1. we may use personal information and disclose personal information to intermediaries such as our legal counsel for the purposes of determining your eligibility to purchase units and in managing and administering your investment in the Fund;
  2. we may disclose and collect such personal information relating to your holding of units in the Fund to and from the dealer through which the units are purchased or held;
  3. we may disclose and collect such personal information as may be necessary in the administration of the Fund and your investment in it, including sending account statements and tax forms;
  4. we and our agents and legal or other advisors may each collect, use and disclose personal information for the purposes of meeting legal, regulatory, self-regulatory, security and audit requirements (including applicable securities laws and any applicable tax, money laundering or anti-terrorism legislation, rules or regulations) and as otherwise permitted or required by law, which disclosures may include disclosures to tax, securities or other regulatory or self-regulatory authorities in Canada and/or in foreign jurisdictions, if applicable, in connection with the regulatory oversight mandate of such authorities; and
  5. we and our agents and legal or other advisors may use personal information and disclose personal information to parties connected with the proposed or actual transfer, sale, assignment or merger of the Resolute Funds or the Fund or their respective businesses or assets or similar transactions, for the purpose of permitting such parties to evaluate and/or proceed with and complete such transaction.  Investors, assignees and successors of Resolute Funds, the Fund or such businesses or assets may collect, use and disclose personal information as described in this Policy.

We may establish and maintain a file of your personal information for the purposes set out above, which will be accessible at our head office.  Authorized employees and agents of the Resolute Funds will have access to your personal information.  A unitholder of the Fund may request access to or correction of his or her personal information in the Fund’s possession by contacting us as set forth below.

If an investor in the Fund is resident in, or otherwise subject to the applicable securities legislation of, the Province of Ontario, the investor acknowledges (i) the delivery to the Ontario Securities Commission of the investor’s full name, residential address and telephone number, the number and type of securities purchased by the investor, the total purchase price, the exemption relied on, and the date of distribution, (ii) that such information is being collected indirectly by the Ontario Securities Commission under the authority granted to it in securities legislation, (iii) that such information is being collected for the purposes of the administration and enforcement of the securities legislation of Ontario, and (iv) that the Administrative Assistant to the Director of Corporate Finance at the Ontario Securities Commission, Suite 1903, Box 5520 Queen Street West, Toronto, Ontario M5H 3S8, telephone (416) 593-8086, can be contacted to answer questions about the Ontario Securities Commission’s indirect collection of such information.  The investor by purchasing Units of the Fund thereby authorizes the indirect collection of such information by the Ontario Securities Commission.

Changes to this Statement:  We reserve the right to change or remove this Policy at our discretion.  If we decide to change it, we will post those changes here.  We encourage you to visit this area frequently to stay informed.  If you access our web site after we have posted changes to this Statement, you are agreeing to accept the changes.