Data Sharing Service Terms and Conditions

Our Data Sharing Service allows you to share your Eligible Account Information (as defined below) with approved third parties you have designated to receive such information (the “Data Sharing Service”). You agree to these Data Sharing Service Terms and Conditions (“Data Sharing Terms”) when you use or interact with the Data Sharing Service. They may be updated from time to time, so we encourage you to check them frequently for any updates.

When you make a request related to the Data Sharing Service, you authorize Scotiabank to take the steps it deems appropriate to process or otherwise address that request.

Information regarding how we protect and manage your personal information is set out in Section 11.

Definitions You Need to Know

“Account” means a Scotiabank account that you have with us for which the Data Sharing Service is available.

“Approved TP” means a third party that is registered directly with Scotiabank to send or receive your Eligible Account Information, and presented to you as a possible Designated TP in the Data Sharing Service.

“Authorization” means your confirmation to Scotiabank that you are directing Scotiabank to send your Eligible Account Information to a Designated TP. You may only have one active Authorization at any time; accordingly, any new Authorization that you provide Scotiabank will override any previous Authorization.

“Designated TP” means any Approved TP you have designated to receive information from Scotiabank.

“Eligible Account” Accounts that include Eligible Account Information. “Eligible Account Information” means some or all of the information related to you or your Account that is eligible to be transferred to an Approved TP as determined or indicated by Scotiabank.

Unless defined in these Data Sharing Terms, capitalized terms have the meaning given to them elsewhere in this Agreement.

Data Sharing Service

1. Designated TP Consent: Before we can share any of your Eligible Account Information through our Data Sharing Service, your applicable Designated TP is required to obtain your valid consent to its collection from Scotiabank of your Eligible Account Information. For information about any Designated TP’s collection, use or disclosure of your Eligible Account Information, you must refer to, or speak to, the applicable Designated TP directly. Your Designated TP is responsible for advising Scotiabank that it has obtained the necessary valid consent from you required for Scotiabank to share your specified Eligible Account Information with the Designated TP. Scotiabank is not responsible for ensuring that the Designated TP has obtained your valid consent and further, Scotiabank is entitled to rely upon any Designated TP’s confirmation that it has properly obtained your valid consent to the sharing of your applicable Eligible Account Information that is it requesting that Scotiabank share.

2. Authorization: Once it has obtained your consent, the applicable Designated TP will direct you to your Scotiabank on-line banking, where Scotiabank will present you with the specific Eligible Account Information requested by the Designated TP for your Authorization. You may select from the Eligible Accounts, but will be required to Authorize all the Eligible Account Information requested by the Designated TP to be provided to the Designated TP (in other words, you cannot Authorize specific elements of Eligible Account Information individually). If you do not want Scotiabank to share ALL of the Eligible Account Information requested by the Designated TP from your selected Eligible Accounts, you should not provide your Authorization. You can withdraw your Authorization at any time by contacting us or the Designated TP. However, requests for your Eligible Account Information initiated by a Designated TP prior to the withdrawal of your Authorization, will have already been honoured.

3. Scotiabank and Designated TP Responsibility: Once Scotiabank processes the request to share the Eligible Account Information with the Designated TP, the Eligible Account Information is no longer under Scotiabank’s control and the Designated TP becomes responsible for its handling and protection. The Designated TP’s own privacy and security practices will apply to the Eligible Account Information shared with it. We are not legally responsible for any Eligible Account Information that is not under our control.

General Provisions 4. Management of Consents and Authorizations: You can manage your use of the Data Sharing Service, including consents and authorizations related to the Data Sharing Service ("Preferences") through Scotia Online or the Scotiabank mobile banking application. You may also be able to manage Preferences with Designated TPs. We will seek to implement any changes in your Preferences made with us, but implementation is not immediate, and may take some time.

1. Responsibility for Errors and Accuracy: You are responsible for the accuracy of the information you provide to us. We do not, and have no obligation to, provide the Designated TP with any information that is more current than the information you provide us. You understand and agree that due to the nature of the Internet, we cannot always foresee or anticipate technical or other difficulties that might arise regarding the Data Sharing Service. These difficulties may result in loss of data, lost personalization settings or other interruption. To the extent permitted by law, Scotiabank does not assume responsibility for any errors, delays, damages or costs of any type arising out of your use of the Data Sharing Service, including the timelines, deletion, loss, mis-delivery or failure to store any of your data, communications or personalization settings.

2. Changes to Information at Designated TP: Any change you make to any information held by a Designated TP will not automatically change the same information in our records. For example, if you provide a Designated TP with a different email address from the one we have in our records, our records will not be automatically updated to reflect that different e-mail address. You need to contact us directly to make any changes to your information we hold, including your e-mail address.

3. Warranties: The Data Sharing Service and information (including Eligible Account Information), advice, products and other content (including that of any Approved TP) accessible from the Data Sharing Service are: used at your sole risk and not subject to any warranties (whether express or implied) from us and we expressly disclaim any such warranties. Scotiabank makes no representations or warranties whatsoever with respect to (a) any products or services offered by any Approved TP, or (b) any information in an Approved TP’s possession or control, or (c) any statements or other communications made by any Approved TP.

4. Limitation of Liability: To the extent permitted by law, Scotiabank (which, for the purpose of these Data Sharing Terms), includes any of our affiliates, and any of our, or our affiliates’, directors, officers, employees, agents, service providers or assigns) is not liable for any loss or damages of any kind whatsoever that you may suffer arising from, or otherwise in connection with: (a) a Designated TP accessing your Eligible Account Information, regardless of whether or not the Designated TP has obtained your valid consent; (b) a Designated TP’s actions or omissions (regardless of any connection to the Data Sharing Service); (c) any loss that you may suffer as a result of unauthorized access to Eligible Account Information outside of Scotiabank’s possession or control (including where the relevant information is in the possession or control of the control of a Designated TP or its service providers); or (d) your or our use of any TP Account Information and/or the products or services of any Designated TP accessed or received by you.

5. Not Advice: Scotiabank does not provide tax, legal, or investment advice, or investment brokerage services through the Data Sharing Service. You are solely responsible if you choose to use any recommendations made in conjunction with same. You acknowledge and agree that we have undertaken no independent investigation to verify the valuations, accuracy or completeness of any TP Account Information and that any analysis, review or guidance offered by Scotiabank creates no duty or other responsibility for Scotiabank to advise you to take any action or inaction regarding your positions, individual investments, investment strategies or asset allocations at other financial institutions.

6. Change, Cancellation or Termination of Services: We may at any time, at our sole discretion and without notice, cancel or vary the whole or any part of the Data Sharing Service, including your access to them. You may manage your use of our Data Sharing Service, including termination of the Data Sharing Service, by managing your Preferences as described in Section 4 above.

7. Privacy: The Scotiabank Privacy Agreement forms part of this application. For a full explanation about how, when and why we may collect, use and share your information, as well as your rights relating to that information, please visit www.Scotiabank.com/privacy or any Scotiabank branch for a paper copy.

a. Information we collect about you: Information that we hold about you may come from you directly; however, we may also collect information about you from other sources, including information from credit reporting agencies (for example, where you apply for credit, or where we must identify you), people appointed to act on your behalf, our social media pages, or other banks or finance-related organizations.

b. How we use your information: We may collect, use and exchange personal information for the following purposes: to set up, manage and offer products or services that meet your needs; to confirm your identity; to determine your eligibility or suitability for our products or services; to understand your needs; to meet our legal and regulatory requirements; to manage and assess our risks; to prevent or detect criminal activity; and to identify and correct any errors. We may also use your information to send you messages, either by post, telephone, text message, email or other digital methods, including through ATMs, apps, and online banking services. These messages may be to help you manage your account, to meet our regulatory obligations, to inform you about product or service features or to tell you about products and services (including those of other companies) that may be of interest to you.

c. With whom we share your information: We will keep your information confidential, but we may share it with third parties (who also have to keep it secure and confidential) in certain circumstances, including: the Scotiabank Group of Companies† (for example, for marketing purposes or internal reporting where those companies provide services to us), payment processing services (for example, credit card networks), our service providers and their agents (for example, collection agents, statement printers), fraud prevention agencies, and other banks or finance-related organizations. We may also share your information where you provide us with your consent to do so, as in this case. Some of these third parties may be located outside Quebec or Canada.

d. Keeping your information: We will keep your information for as long as you are our customer. Once our relationship has ended, we will only keep your information for so long as is appropriate for the type of information, and the purpose for which we’re retaining it. The period we keep your information for is generally linked to the amount of time available for you to bring a legal claim. We may keep the information longer than this if there an existing claim or complaint that will require us to keep your information, or for regulatory or technical reasons. If we do keep it for a longer period, we will continue to protect your information.

e. Automated Processing and Decision Making: The way we analyze your personal information may involve automated decisions. That is, we may process your personal information using software that can evaluate your personal circumstances and other factors to address risks or outcomes. We may use such methods to make decisions about you relating to credit checks, identity and address checks, monitoring your account for fraud or other financial crime, or for other reasons that we’ll disclose to you. We may use automated decision making if it’s necessary for us to provide you with a particular product (for example, we may use it to decide on the types of services that are suitable for you), to prevent fraud or financial crime, or if it’s reasonable to ensure that we’re treating our customers fairly.

f. Your rights and how to refuse or withdraw your consent: You have certain rights over the personal information we hold about you, including the right to ask for a copy of the information, to correct or rectify personal information that we hold about you, or not to use your information for a particular purpose (i.e., withdraw consent). Note that your ability to exercise these rights will depend on a number of factors, and in some situations, and we may not be able to agree to your request. You can refuse to consent to our collection, use or disclosure of your personal information, or you may withdraw your consent to our further collection, use or disclosure of your personal information at any time by giving us reasonable notice, subject to limited exceptions. This includes withdrawing your consent to use your SIN to verify credit information or to confirm your identity. To understand how to go about withdrawing your consent, or to find out more about any of the items described in this section, please visit www.Scotiabank.com/privacy or any Scotiabank branch for a copy of our Privacy Agreement.

1. Quebec Residents Only / Résidents du Québec seulement: I acknowledge that the French and English versions of this agreement were remitted to me. I expressly request and agree to be bound exclusively by the English version of this agreement and that all related documents, including any notices, be drafted in English only. Je reconnais que les versions française et anglaise de cette convention m'ont été remises. Je demande expressément et accepte d'être lié exclusivement par la version anglaise de cette convention et que tous les documents qui s’y rattachent, y compris tous avis, soient rédigés en anglais seulement.

† The Scotiabank Group of Companies means The Bank of Nova Scotia and its affiliates who provide deposit, investment, loan, securities, trust, insurance and other products and services.