FINANCIAL SERVICES COMMISSION OF ONTARIO (FSCO) PORTAL ACCESS AGREEMENT
In this Access Agreement,
“User” refers to an individual who is authorized by the Financial Services Commission of Ontario (FSCO) to provide information to and communicate directly with FSCO through the Portal, or who is authorized by another person or entity to do so on his, her or its behalf, in connection with FSCO’s regulatory services.
“Portal” refers to FSCO’s secure electronic interface for communication between FSCO and FSCO’s regulated sectors, including Users.
“Message Centre” refers to the secure area on the Portal where FSCO posts important information and communications for access by a User relating to FSCO’s regulatory services, including: legal documents, notices, proposals, decisions, reminders, correspondence, and other FSCO communications.
Terms of Access and Use of Portal
As a User of the FSCO Portal, I accept and agree to the following terms of access and use:
Passwords and Security
All passwords and User names created on the Portal are personal and confidential to the User. The User will not share his or her User name or password with any other individual.
The User will ensure that access to and use of the Portal is restricted to his or her own use for the sole purpose of interacting with FSCO in connection with FSCO’s regulation of its financial sectors and such other related purposes as FSCO may authorize.
The User will implement security precautions sufficient to prevent unauthorized access to and use of the Portal, including implementing password protection precautions.
The User will create his or her password when accessing the Portal for the first time and change the password at such other times as the User or FSCO deems necessary for security purposes. The User will be responsible for maintaining the integrity of their password.
If the User becomes aware of any unauthorized access to the Portal or if the password has been compromised, the User will immediately notify FSCO. The User agrees and understands that, at any time and without notice, FSCO may suspend their access to the Portal, if FSCO, or the User, believes that the User’s password or security of the Portal has been compromised. The User’s access to the Portal may be suspended until such time as security measures have been established to the satisfaction of FSCO.
Entering Information and Data in the Portal
The User is responsible for correctly entering all information and data into the Portal when communicating with FSCO, correctly attaching any required documentation, and following FSCO’s instructions for using the Portal to receive and submit information.
Any information or data not correctly submitted to FSCO using the Portal, including data entered in a form, filing, application, submission or attachment, will be deemed not to be filed with or delivered to FSCO, and the User will be subject to any applicable consequence or penalty.
Using the Message Centre and Consent to Communicate in Electronic Format
The User will access the Message Centre using the Portal to receive secure electronic communications from FSCO. The User will receive alerts by email when a message has been posted for the User in the Message Centre. It is the User’s responsibility to monitor his or her emails for messages, promptly open and read messages posted by FSCO, and take appropriate action, if necessary.
The User acknowledges and consents to receiving communications from FSCO in electronic format using the Portal, including time-sensitive communications and legal documents.
The User also agrees to ensure the email address provided to FSCO is functioning properly and capable of receiving emails from FSCO at all times, and undertakes to notify FSCO immediately of any change to the email address. If the User provides a non-functioning email address or does not promptly notify FSCO of a change in the email address, the User bears the responsibility and the consequences, including any penalty imposed by FSCO that may result from not receiving email communications from FSCO.
Use of Information by FSCO
The User authorizes FSCO to combine and store User information provided to FSCO via the Portal, including personal information, with all other information in FSCO’s possession relating to the User and to use and disclose the information within FSCO for all purposes related to a licence or registration issued to, sought by or involving the User under any statute administered by FSCO, for compliance and law enforcement purposes, or for any other regulatory purpose or a consistent purpose that is authorized and performed by FSCO in the future.
Limitation of Liability and Indemnity
Her Majesty the Queen in Right of Ontario including, but not limited to, her advisors, agents, appointees and employees (Her Majesty), shall not be held responsible to the User or any other person for any disclosure, loss, modification or compromise of data, for any unauthorized use of the Portal or a User password, or for any liability, loss, cost, damage or expense that may ensue.
The User agrees to indemnify and hold harmless Her Majesty from and against any and all liability, loss, cost, damage and expense, including any reasonable legal, expert and consultant expenses that Her Majesty may incur or suffer arising out of a breach of this Access Agreement by the User.
This Access Agreement shall be governed by the laws of the Province of Ontario and the applicable Federal laws of Canada.
Acknowledgement and Undertaking
I have read, understand and undertake to comply with the above FSCO Portal Access Agreement.