US Privacy Policy

This Privacy Notice describes the information collection, use, retention and sharing practices of ATB Capital Markets USA Inc. (“ATB”, “we”, “us”, “our”) and its affiliates and subsidiaries when you interact with us through our website, www.atbcapitalmarkets.com (the “Website”) or other digital products on which this Privacy Notice appears (collectively, the “Services”).

Personal information we collect, why, and for how long
We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you:

  • Contact us. When you contact us, we collect, from you, your personal identifiers (name, telephone number) and any information you choose to include in your message. We use this information to respond to your questions or inquiries, troubleshoot where necessary, or address any issues you have with the Services
  • Sign in. When you sign in using the Research Login we collect, from you, your online identifiers (username) and your password. We use this information to authenticate you and grant you access to your account. 
  • Open an account. Depending on the type of entity you represent, when you open an account, we may collect, from you, your personal identifiers (name, address, date of birth), your professional or employment-related information (occupation), and your sensitive identifiers (government-issued ID (e.g., passport or driver’s license), Social Security number). We use this information to verify your identity, to create and manage your account, to facilitate our relationship with the organization you represent, and to comply with our legal obligations. 
  • Have an account. When you have an account with us, we will use your personal information, as applicable, to: verify your identity or for client authentication purposes; service, monitor, or maintain your account, product, and service; conduct market research and obtain your feedback on existing products and services you hold; report any account irregularities to any credit reporting agency; and assess your initial and ongoing eligibility for other products and services of ATB. 
  • Request a full report. When you read one of our reports and request the full report, we collect, from you, your personal identifiers (email address). We use this information to send you the full report.
  • Receive our newsletters or other materials. You may unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email we send to you. Our communications contain tracking technologies, to analyze whether a predefined action took place by a recipient, such as opening our communications and other engagement metrics, including, for example, timestamps, delivery status, whether an email was forwarded, clicks within an email, as well as sender and recipient addresses to better adapt and distribute our communications. When you opt-in to our marketing communications, you will be automatically opted-in to the use of these technologies. You can avoid downloading the pixel by rejecting the download of images in the email.
  • Interact with our website. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our website via cookies, pixels, web beacons, and similar tracking technologies. 

Specifically, we use essential, performance and analytics cookies to collect your internet or other electronic network activity information (usage, device, and location information) when you interact with the website. We use this information to: (i) track you within the Services; (ii) enhance user experience; (iii) conduct analytics to improve the Services; (iv) prevent fraudulent use of the Services; and (v) diagnosis and repair Services errors, and, in cases of abuse, track and mitigate the abuse; Third party analytics cookies may be considered a sale or sharing under state data privacy laws. To opt out, please visit Do Not Sell or Share My Personal Information. 

In general, you can disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.

ATB will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION. 

Data retention
Unless otherwise stated in this Privacy Notice, we retain your personal information (i) for as long you maintain an account with us, (ii) until we no longer need your information to fulfill the purposes for which we collected it, or (iii) until we receive a valid request to delete the information, in which case we will delete the information within 45 days of receipt of the request. However, we may need to use and retain your personal information for longer than the periods indicated above for purposes of: 

  • Compliance with our legal obligations. For example, retaining personal information where we are legally required to do so.
  • Meeting our safety and security commitments. For example, keeping our properties secure and preventing fraud.
  • Exercising or defending legal claims. We also may need to retain personal information for longer than the periods indicated above in order to respond to legal process or enforceable governmental requests, or to enforce our contracts or Terms of Use, including investigation of potential violations.

How we share your personal information 

A. General Sharing
ATB shares personal information in the following instances: 

  • Within ATB. We share your personal information within ATB for the legitimate business purposes of efficiently and effectively providing the Services, such as accounting and customer service support. Access to your personal information is limited to those on a need-to-know basis.
  • In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
  • For legal purposes. We share personal information where we are legally required to do so, such as in response to court orders, subpoenas, governmental/regulatory bodies, law enforcement or legal process, including for national security purposes. We may share your information with our legal advisors or auditors to establish, protect, or exercise our legal rights or as required to enforce our terms of service or other contracts or to defend against legal claims or demands. We also share this information with third parties as necessary to: detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; to comply with the requirements of any applicable law; or to comply with our legal obligations.
  • With your consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time and may do so by contacting us via email at atbcmusaprivacy@atb.com.

B. Sharing in the Last Twelve (12) Months
For a business purpose. In the preceding twelve (12) months, ATB has disclosed the following categories of personal information for a business purpose to the following categories of third parties: 

  • We have disclosed your personal information to service providers that assist us with the following: information technology (“IT”) support; website hosting; data analysis; customer service; email delivery; marketing; clearing brokers, external auditors, payment processing, transaction monitoring, and similar services.
  • We have disclosed your internet or other electronic network activity information collected by cookies to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair the Services and platform errors.
  • We have disclosed your internet or other electronic network activity information collected by cookies to our IT support to update, improve, and maintain the website.

C. Sale of personal information
In the preceding twelve (12) months, ATB has shared your internet or other electronic network activity information collected via cookies and other tracking technologies with our data analytics providers as described in PERSONAL INFORMATION WE COLLECT, WHY, AND FOR HOW LONG. Such sharing may be deemed a sale or sharing under state data privacy laws. To opt out of the sale or sharing through cookies, please visit Do Not Sell or Share My Personal Information. 

Your information choices

You have the following choices with respect to your personal information:

  • Correct or View Your Information. You may request to correct or view certain personal information you have provided to us, and which is associated with your account.
  • Opt out of cookies and other tracking technologies. Visit Do Not Sell or Share My Personal Information.
  • Opt Out of Email Tracking. You can disable this tracking by blocking automatic loading of images in your email.
  • Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided at the bottom of each email we send. Please note that we will continue to send you notifications necessary to the Services.

Do not track
We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. 

Information security
We implement appropriate technical and organizational security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

Changes to this privacy notice
We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and obtain your consent, if required. 

Contact us
If you have any questions about this Privacy Notice or need to access this Privacy Notice in an alternative format due to having a disability, please contact us by email at atbcmusaprivacy@atb.com (and use “Privacy Inquiry” in the subject line) or by writing a letter to:

ATB Capital Markets USA Inc.
Attention: Chief Privacy Officer
Suite 410, 585 8 Avenue SW
Calgary, AB T2P 1G1