Our Terms of Sale /AML Policy
By placing your order with us you are agreeing to the following terms and conditions.
IN CONSIDERATION of the obligations herein expressed and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions
"Agreement" means your order received by us and incorporates by reference these Terms and Conditions of Sale.
"applicable law" means the statutes, rules, regulations, and any other law of every kind and nature as adopted and/or amended in any applicable jurisdiction from time to time.
"bullion product" means the minted commodity of pure rare, precious or noble metal that we shall now or may hereafter offer for sale to buyers in its ordinary course of business. "Brilliant Uncirculated" bullion refers to newly minted, current year and uncirculated products, although these may exhibit scratches, dents, tarnish or other blemishes obtained during or after the minting process. "Used" bullion refers to current or non-current year products which may exhibit scratches, dents, tarnish or other blemishes. The value of bullion products is unaffected by physical condition.
"business days" means the normal work days Monday through Friday inclusive, and does not include Saturdays, Sundays, and federal statutory holidays.
"buyer" shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing bullion from us (hereinafter "buyer", "you" or "your").
"carrier" means the relevant company delivering your order(s). The carrier may be FedEx, UPS, or such other carrier as may be used by us from time to time.
"clearing time" means the time period from when your payment in full is received by us and when such payment can be verified. The duration of this clearing time is determined based on the method of payment used by you and may be amended from time to time at our discretion. Current clearing times can be found here.
"credit card information" means the credit card number, expiry date, CSV and the name on the relevant credit card supplied by you.
"FINTRAC" means the Financial Transactions Reports Analysis Centre of Canada.
"market value" means the value of a certain bullion product as determined by the trading of same on certain markets and as acceptable to us under our sole discretion at a particular time and date.
"method of payment" means those methods we make available to you to pay us for your order, as may subject to certain terms and conditions and may be changed at our sole discretion from time to time.
"NSF" means Non-Sufficient Funds and occurs when payments are made to us without adequate funds in the account which the instrument is drawing on.
"order" means your verbal or electronic request to us for a certain quantity of a certain bullion product for a certain price at a particular time and date as agreed to by us in our sole discretion.
"liquidation" means the conversion of your bullion product(s) to cash, and is undertaken by us in the event of a voluntary liquidation (Buy-Back) or an involuntary liquidation of your order.
"market loss" occurs when the market price at the time of liquidation is lower than the original purchase price and is calculated by the difference in market values.
"returned payment" refers to payments retracted after having been submitted to us. This can include, but is not limited to, cancelling; cheques, bill payments and credit card payments.
"seller" shall be Silver Gold Bull, its members, directors, officers, employees, agents, heirs or assigns (hereinafter "we", "us" or "our") that are duly authorized to deal in bullion.
2. Bullion Market Price and Availability Change Constantly
The parties hereto agree that the bullion products we offer for sale are commodities traded on various markets, and that the market price and availability of such bullion change constantly in accordance with market forces and supply and demand. We reserve the sole and absolute discretion to set the sale and buy-back prices for all products and bullion offered by us.
3. Placement of Bullion Order Creates Binding Legally Enforceable Agreement - NO CANCELLATIONS!
We are a leading bullion dealer in the bullion market and need to maintain our good name and competitive position. As such, we are entitled to and will rely on your verbal or electronic promise to pay us for your bullion order. In furtherance of this, once you have placed a bullion order with us, either over the telephone or through our website, you create a binding legally enforceable agreement to pay for your bullion product order.
Once you've placed your order, we do NOT allow any cancellations by you before you have paid in full for your order. Once you have paid for your order in full, we will happily buy-back your bullion product(s), in accordance with Section 8 hereof.
By accepting the terms of sale, International Customers acknowledge that the customs office of the destination country may require information or documents from international customers, and may apply customs fees, import duties, taxes as well as other charges in accordance with that country's applicable tax law. Some countries may require a customs broker for import, of which would be the importer's (customer's) responsibility to hire. International Customers furthermore acknowledge that any such surcharges will be their own responsibility and not ours.
International Customers are encouraged to contact their local tax authority for more information regarding any and all surcharges they might be forced to incur upon taking delivery of their bullion, bullion accessories, diamonds, or jewelry.
4. Payment
You agree that you shall submit full payment within three (3) business days and that we shall receive full payment within eight (8) business days of placing such order by using one or more of our methods of payment. All payments using any of our payment methods will be held until payment clears our bank before shipments are processed for shipping. Such payment must include the full amount owing to us, including but not limited to, payment for the bullion product(s), shipping and handling, and any transaction and/or other fees, as applicable. Should any delays or payment issues be encountered, as happens from time to time, you are required to contact our customer support to inform them of said issues in order to guarantee pricing. Failure to notify us of payment delays could result in Order Liquidation as per Section 9.1.
All payments must be made in Canadian Dollars as indicated on your order.
Upon our receipt of your payment, in full, we will hold your payment and your bullion product(s) ordered for the clearing time applicable to the method of payment(s) used by you. Once your payment has been verified and upon expiration of the relevant clearing time, your order will be released for shipment to you.
4.1 NSF/Returned Payment Statement
Customers are asked to contact our support staff should any issues arise in the course of making payment for outstanding orders. Should payments be found to be NSF or should we learn of a returned payment, initiated by the buyer, we will automatically add a $25 charge to the customer account as an administration and processing fee.
5. Order Confirmation and Invoice
Once you have placed your order, either over the telephone or electronically, we will endeavour to send you a confirmation and an invoice by email for same. Our failure to send and/or your failure to receive either or both of these email(s) does NOT invalidate or otherwise cancel your order with us; you are still required to pay for your order in accordance with Section 4 hereof.
You agree to take all steps necessary, including but not limited to updating any address books and/or adjusting spam or junk-mail filters, to ensure that you can receive emails from us in a timely manner, complete with any attachments, in furtherance of this Agreement.
6. Credit Card Information to Secure Payment and Charges for Unpaid Orders
6.1 You agree to provide your credit card information to secure the payment of your order when you place an order with us:
(1) for the first time; and/or
(2) with a value of TWO THOUSAND ($2,000.00) dollars or greater.
(3) when placing or reinstating any order after involuntary liquidation has occurred.
6.2 We will not process a charge to your credit card if you pay us in accordance with Section 4 hereof. However, if you fail to pay us in accordance with Section 4, we reserve the right to involuntarily liquidate your order, pursuant to Section 9 hereof, at our sole discretion, without any further notice to you and you hereby agree that we do not require any permission from you to effect such liquidation.
6.3 Where we liquidate your order under Section 6.2 hereof and the value received for the liquidation of your order is less than the amount you owed to us for such order, such difference in value shall be charged to your credit card in accordance with the credit card information provided to us under Section 6.1 hereof.
7. Record of Order and Related Information
You agree and consent that we may maintain the records comprising your order and related information for our purposes, including but not limited to, in order to verify the terms of such order, to aid in staff training, for audit and/or quality control purposes, in order to comply with any laws as now exist or may hereafter exist, and/or for any other reason reasonably related to our business purposes.
8. Buy-Back Policy (Voluntary Liquidation)
We are always interested in buying and selling bullion products. Our Buy-Back policy (also called a voluntary liquidation), provides a market for your fully paid bullion product order.
At any time after you have fully paid your bullion product order, even before we have shipped it, you can choose to sell your bullion product order back to us at the market rate for such buy-backs at that time. Please contact us to discuss the buy-back of your paid bullion order. The terms and conditions are applicable to our purchase of your bullion products, and these may be amended from time to time at our discretion. Find more information here.
9. Involuntary Liquidation Policy
9.1 Unpaid order
Should you fail to pay for your order as required pursuant to Section 4 hereof, we reserve the right to liquidate your order for market value at the time of such liquidation, under our sole discretion. We are under no obligation to take any steps or to refrain from taking any steps, in order to or in an attempt to maximize market value for your order and we take no responsibility for same. You remain responsible for the full value of your order as agreed to at the time such order was placed by you. This responsibility includes, but is not limited to, your responsibility to pay us the difference in value , in the event that the market value of your unpaid order is less than what you agreed to pay at the time of placing your order. The credit card information provided by you pursuant to Section 6.1 hereof will be used by us to charge you for any amounts owing to us pursuant to this Section 9.1.
If the market value of your unpaid order is greater than you had promised to pay for such order, any such gains remain our property.
9.2 Multiple Orders
Where you have placed more than one order with us and have paid for one or more of the order(s) but also fail to pay for one or more of such order(s) in accordance with Section 4 hereof, any shipment of the paid order(s) may be held at our discretion until payment in full is received in accordance with Section 4 for all orders and any applicable market loss. At our sole discretion, we may elect to apply the money received by us for your paid order(s) and/or the bullion product(s) comprising your paid order(s) against any payment(s) due and owing to us on account of your unpaid order(s). If, after exercise of any such election(s) by us, you still owe us any amount, we may, under our sole discretion, involuntarily liquidate any remaining bullion product(s) in the quantity required by us, acting reasonably, in order to ensure that we are paid in full for all your orders and the applicable market loss.
Where, after all your unpaid order(s) and applicable market loss are paid to us, any of your order(s) or portions thereof remain due and owing to you, you may elect to receive shipment of such order(s) or portions thereof so remaining, or to receive payment in the amount of the market value for same, refunded by cheque.
9.3 The determination of any loss or gain of value on all or part of your order for the purposes of this Section 9 is calculated as the difference between the price you agreed to pay for such bullion product(s) at the time your order was agreed to by us, and the market value of same obtained by us as at the time of liquidation pursuant to this Section 9.
9.4 Should you wish to reinstate your order(s) once involuntary liquidation has occurred, contact Customer Support. Your order(s) will be reinstated at original pricing, or current pricing, whichever is higher at the time of reinstatement. Reinstatement of your order(s) will waive applicable outstanding market loss. You will be required to provide valid credit card details for this service, or to place any future order with us in accordance with Section 6.1.
10. Shipping
10.1 Shipment Time
10.1.1 Within five (5)-(10)business days from when we receive payment in full for your order and your payment clears the bank (unless the clearing time applicable to your method of payment exceeds thirty (30) business days, or your order is subject to exceptions), orders may be held untill all compliance documents and fintech policy requirements are satisfied. Failure to do so will significantly delay shipping. Also due to a greater risk of fraudulent transactions more information may need to be provded by the customer to varify the transaction is legitimate. For International shipping outside of Canada it can take up to 8 weeks not including weekends to process, after the customer's payment for the order has cleared, and was successfully deposited into the company's bank account. after that, we will pack your order, subject to bullion product availability. From time to time, the shipment time of your order may be delayed for reason(s), including but not limited to, reductions in our inventory as a result of increased demand for certain bullion products and/or the reduced supply available to us of same. We will endeavor to update our website with any delays applicable to particular bullion products as may arise from time to time.
10.1.2 If we are unable to comply with the shipment time provided to you under Section 10.1.1 hereof, we will endeavor to notify you of the same as soon as reasonably possible. Upon receipt of such notice, you may elect to:
(1) accept the new shipment time provided by us, which new time shall not exceed an additional thirty (30) days; or
(2) request that we buy back your order pursuant to Section 8 hereof.
10.1.3 If we are unable to ship your order within the new shipment time estimated under Section 10.1. 2(1) hereof, then after this new time has passed, we will buy back your bullion order pursuant to Section 8 hereof and remit payment to you for the value of:
(1) the voluntary liquidation; or
(2) your payment for your order, including any shipping fees paid by you, whichever is greater.
10.2 Credit for late receipt (where applicable only)
At our sole discretion, we may issue you a coupon for the cost of shipping if your package is late. The determination of whether a package is late is at the discretion of the relevant carrier. Any coupons issued hereunder shall be in a form and subject to such terms and conditions as determined by us at our sole discretion.
10.3 Shipping method
We reserve the right to substitute a different shipping method other than that which you selected on your order. Where the actual shipping method costs less than the method of shipping you had selected we will issue you a coupon for use with us, subject to such terms and conditions as determined by us in our sole discretion.
10.4 Shipping options
We will insure the full value of your shipment to the address provided when your order was placed, or to an address accepted by PayPal. Your signature is required to receive the delivery. Please note: the registered account holder who's name is on the invoice must sign for the package at delivery, Failure to do so will void any insurance/or claims for lost,stolen or damaged items. Should you choose to re-direct your order to be shipped to any other location and/or to waive the requirement for a signature, you agree to incur all risk and liability associated with such an order.
10.5 Damaged shipments
A signature from the registered accout holder is required on each shipment, indicating that the package is received in acceptable condition. If your package shows evidence of damage, repairs, or having been opened and re-sealed, refuse to sign and refuse to accept the shipment. Instruct the carrier to return the package to the sender, and contact us immediately to report the issue. Accepting and signing for a damaged package voids insurance, and any losses or damages to the product will not be covered.
10.6 Undelivered Shipments/Chargebacks/Disputes
If the estimated delivery date provided by the carrier has been exceeded and you still haven't received a notification or have not received the order, contact us first. Only the shipper can initiate a trace and resolve the issue with the carrier. We will open and initiate an investigation with the shipping carrier to locate the package. The customer agrees that (Any credit card or payment chargebacks/disputes initiated by the customer are considered null and void if we can provide proof of delivery to the address provided by the customer when the order was placed by any carrier we use to ship products All shipments require a signature from the registered account holder (listed on invoice and a government ID for any deliveries. The customer agrees to not dispute any transactions on any orders that are delivered to the shipping address provided by the customer when an order is placed including any post office or registered shipping depot of any carrier who is unable to deliver to a residential/business address due to certain locations are also considered delivered. the customer agrees that if the package was delivered to the address provided at the time of order, the customer agrees to cancel any chargeback/dispute and consider the transaction complete and valid. The customer also agrees to pay any outstanding balance or fees in full related to the dispute that was opened within 2 business days of the shipment being delivered. Failure to make the payment in full within the set time frame can result in the total amount owing for the products listed on the customer's invoice, including any fees associated with the dispute to be enforced by TRB Bullion LTD through any third-party collections or any other legal means necessary to recover the money owed to TRB Bullion LTD for items were proof of delivery was provided regardless of the outcome or decision from the bank/credit card company or legal representative involved with the dispute.
10.7 Insurance/Lost/Damaged/Stolen Shipments
All shipments are shipped fully insured by UPS Capitol Insurance Agency for the whole amount of the products sold. Not including, shipping costs, or processing fees, when placing an order either by E-Transfer, Credit Card, or Bank Wire, UPS Capitol Insurance Agency will only cover the cost of the products sold.
In the event of a shipment that a customer placed being delivered damaged, or reporting the items being lost or stolen. TRB Bullion will open a claim through the insurer on the buyer's behalf. The end user/buyer agrees to provide any necessary document requested by UPS Capitol Insurance Agency to support the claim. The buyer also agrees to complete all documents required to process the claim, including but not limited to Police Reports, Photos of the shipments being damaged, including the shipping label, shipment box, any damage to the box, any contents inside of the box, packing material or any items still in the box, till the investigation is complete.
Any failure, to provide the requested documents by UPS Capitol Insurance to process the claim, including, anything required by UPS Capitol Insurance. The buyer's claim will be considered null and void. Failure to provide any documents required the buyer agrees that the transaction was valid and the buyer is responsible for the transaction in question. this includes any document requested by either the merchant or the insurer. (Police Reports, Photos, Forms, etc.) The buyer also agrees that if any documents are requested by the insurer or TRB Bullion LTD and are not provided, the buyer will waive their right to dispute the transaction in question. the buyer also agrees to not initiate any disputes/chargebacks through any other means including but not limited to the buyer's credit card issuer or financial institutions. if a dispute or chargeback is initiated the buyer agrees to wave the right to process a transaction dispute, and the charge being disputed is considered a valid transaction by the buyer, and will cancel the dispute against TRB Bullion Ltd/ or any affiliates of the company. The Buyer agrees that by placing the order they are legally bound to the terms of service when placing the order.
11. Reservations of Right
In addition to the other rights contained in this Agreement, we reserve the following rights unto ourselves, to be exercised in our sole and absolute discretion:
11.1 Right to Refuse Service to Anyone
We reserve the right to refuse service to anyone.
11.2 Right to Correct Errors in Orders
We reserve the right to correct any typographical or clerical errors or omissions in any order. We will make a good-faith effort to notify you of any such corrections to your order.
11.3 Right to Cancel Any Order
We reserve the right to cancel any order at any time for any reason. If we exercise this right, we will cancel your order, including the shipment of same, and we will notify you and refund to you all monies you may have paid to us pursuant to such order, less any costs and/or fees associated with canceling your order, as may be applicable.
11.4 Right to Require Payment by Bank Wire Transfer
We reserve the right to require any payment by bank wire transfer.
11.5 Right to Change Terms and Conditions of Sale
We reserve the right to change any terms and conditions of sale at any time without any further notice.
11.6 Right to Accept or Reject Any Late or Defective Payment(s)
We reserve the right to:
(1) accept any late or otherwise deficient payment(s) including but not limited to liquidation payment(s); and/or
(2) reject any late or otherwise deficient payment(s), including but not limited to liquidation payment(s),
at any time in our sole and absolute discretion.
(2) We hereby reserve the right to involuntarily liquidate, cancel and/or rescind any order where we are unable to obtain and/or to verify any information required by us pursuant to Section 11.10(1) hereof.
11.7 Right to Hold Payment
We reserve the right to hold any payment until it is verified and cleared and/or the customer has communicated with us and submitted a valid Credit Card on all first-time orders. This is done solely in the interest of fraud prevention and all holds are removed promptly upon the completion of the above conditions.
11.8 Computation of Time Period
Unless otherwise expressly stated herein, the first day for computing any applicable time period shall be the first business day following the placement of the relevant order.
If the last day of the time period falls on a day other than a business day, then the last day of a time period shall be the next business day thereafter.
11.9 General
This Agreement shall be construed and governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and the parties hereto irrevocably attorn to the exclusive jurisdiction of the Courts of Manitoba
Time shall be of the essence of this Agreement.
This Agreement constitutes the entire agreement between the parties hereto and the parties acknowledge and agree that there are no covenants, representations, warranties, agreements or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement save as expressly set out in this Agreement.
This Agreement may not be altered or amended in any of its provisions, except where any such changes are reduced to writing and executed by the parties.
No consent or waiver, express or implied, by either party to or of any breach or default by the other party in the performance by the other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by a such party hereunder. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.
If any term, covenant or condition of this Agreement or the application thereof to any party or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement or application of such term, covenant or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforceable to the fullest permitted by law.
Mention in this Agreement of any particular remedy of a party in respect of a default by the other party does not preclude the first party from any other remedy in respect thereof, whether available at law or in equity or by statute or expressly provided for in this Agreement. No remedy shall be exclusive or dependent upon any other remedy, but a party may from time to time exercise any one of more of such remedies generally or in combination, such remedies being cumulative and not alternative.
This Agreement shall endure to the benefit of and be binding upon the successors and assigns of each of the parties.
The parties acknowledge and agree that any payment of monies required to be made hereunder shall be made in Canadian funds.
11.10 Right to Hold Monies and Shipments to comply with FINTRAC and the law
(1) If you are, or if you appear to be, sending to us multiple payments or other payment(s) that, in our sole discretion, may require us to report such payment(s) to FINTRAC or take other steps in order to comply with applicable law, we reserve the right to hold any and all such payments and to withhold shipment of the related order(s) in our sole discretion until you provide us with all the information as we may require, to our sole satisfaction, in order to comply with FINTRAC and/or applicable law.
12. Coupons and Discounts
We will, for promotional and customer reward purposes, periodically have coupon codes available for customer use on orders. Unless otherwise stated, coupons will be valid until the stated expiration date or quantity threshold has been met. We reserve the right to activate and deactivate new and existing coupon codes, from time to time, as we see fit. Should customers have any concerns regarding a specific coupon they are encouraged to contact and speak to a member of our Support staff. All coupons and discounts are priced in Canadian dollars and converted to all other currencies at current market exchange rates.
13. Best Price Guarantee
We will match any Canadian competitors advertised all in price on any product we sell. All in pricing means the price after the respective competitors shipping and insurance charges have been added to their listed price. Should the competitor's price still be lower, we will match it to the penny on in-stock Items. Available only on orders placed via telephone.
We reserve the right to suspend its Best Price Guarantee during times of extreme market volatility and supply disruption. This is done only to ensure sustainability during times of otherwise high market risk and a resumption of the Best Price Guarantee will follow as soon as markets have themselves resumed normal trading.
14. Statute of Limitations
All issues relating to an order or account must be brought forward to us within ten days-(5) days from the shipment date. This includes but is not limited to damaged products or shipments, late delivery, missing or incorrect items, and credit or coupons for late or combined shipments.
Special orders, orders with exceptions, and pre-ordered items will not qualify for coupons or credit as we cannot be responsible for unforeseen delays from third parties including, but not limited to: Mints, suppliers, logistics, customs, etc.
15. Privacy and Confidentiality
1. Introduction
TRB Bullion LTD (A Division of TRB Investments LTD)
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website or placing an order with us, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us.
2. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information: (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social insurance/security number, credit card or payment card information, bank account and other financial information, delivery address, billing address, and information that may be required by customs agents (
We collect this information: (a) directly from you when you provide it to us; (b) automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
We may also collect information provided by third parties, including but not limited to updated information on shipped products, as provided by carriers.
3. Information You Provide to Us
The information we collect on or through our Website may include: (a) information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, placing an order through our Website, requesting further services or report a problem with our Website; (b) records and copies of your correspondence (including email addresses and voice call details), if you contact us; and/or (c) details of transactions you carry out through our Website and of the fulfillment of your orders, as you may be required to provide financial information such as credit card or payment information before placing or during the placement of an order through our Website. We may also request and collect from you information needed to verify your identity for the purposes of preventing fraud, either at the time of order or following the placement of your order, including for example proof of address or photo identification.
4. Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a) details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website; and (b) information about your computer and internet connection, including your IP address, operating system, and browser type.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email or other related website.
Information collected through these technologies is typically anonymous technical information. We will not attempt to link or match such anonymous technical information with any personal information unless we have consent, we (or our service providers) have detected or reasonably suspect any unlawful use of our the Website or a security breach, or we have a legal duty or right to do so.
5. Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
6. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you; (b) to provide you with information, products, or services that you request from us, and to process payment for such products or services; (c) to fulfill any other purpose for which you provide it; (d) to perform and develop services, deliveries, payments and products in connection with our Website; (e) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection, easy reordering, bookkeeping, shipping, support and marketing; (f) to verify identity and prevent fraudulent use of your account or of our products and services; (g) to notify you about changes to our Website or any products or services we offer or provide through it; (h) to develop our Website and provide better services; (i) in any other way we may describe when you provide the information; (j) for any other purpose with your consent; and (k) as otherwise authorized or required by law.
We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you in accordance with applicable laws. If you do not want us to use your information in this way, please contact us at the e-mail provided at the bottom of this policy.
In some cases, we may share personal information with third party service providers performing functions on our behalf, including, for example, vendors that provide information technology services, payment processing services, or provide analytics or assessment services. You understand and agree that the personal information collected may be transferred to third countries, as some service providers supporting our business may be located in these countries. We are located in Canada and all of our hosting and processing services are located in Canada and/or the United States. When your information is processed outside of your jurisdiction, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Please note that some countries may not offer the same type of protection and privacy for personal information provided in your own jurisdiction. We have taken appropriate technical, organizational, and legal steps to secure this information, including by placing appropriate obligations and restrictions on our third party service providers regarding their limited permitted use of this information, and the security practices to be used in protection of this information. For any questions, please contact us at the e-mail provided at the bottom of this policy."}}
We will keep your Personal Information in our possession only for the period necessary for the fulfillment of our collection purposes, as provided in Section 6 above, and then securely destroy or delete it.
7. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries, affiliates and related companies to provide you with products and services; (b) to contractors, service providers, and other third parties we use to support our business, including, but not limited to firms for payment processing, developing, operations, sales, support, data analysis and marketing; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; or (f) with your consent.
We may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any legal duty, government or regulatory request; (b) to enforce or apply our General Terms of Sale and other agreements, including but not limited to for billing and collection purposes; (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others, including but not limited to exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Due to applicable laws, we may be required to disclose personal information related to the purchase of products through our Website. Personal information will only be disclosed when legally required and the personal information transmitted will be only to the extent necessary for compliance with the applicable laws.
8. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by contacting us stating your request at the information provided at the bottom of this policy.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
9. Your Privacy Rights
Applicable laws may permit certain users of our Website to withdraw their consent to this Privacy Policy. To make such a request, please contact us at the information provided at the bottom of this policy. Please note that by withdrawing of your consent to this Privacy Policy you may not be able to use the Website, use our services or place any order through the Website.
We will provide individuals with access to the personal information we hold about them in accordance with applicable laws. We reserve the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, we reserve the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.
We make every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. We rely on individuals to notify us if there is a change to their personal information that may affect their relationship with us. We will correct or amend the personal information where it can be shown that the information is incorrect or incomplete.
Subject to some exceptions, the GDPR also provides EU residents with the following rights:
Right to erasure: You have the right to ask us to delete personal information that we hold about you.
Right to restrict or object to processing: You have the right to ask us to limit or stop our processing of your personal data in certain cases (for example, if the personal data we are processing about you is inaccurate or is for direct marketing purposes).
Right to data portability: You have the right to ask us for a copy of personal data we hold about you and to transfer such data to another entity.
You may contact us at the information provided at the bottom of this policy to exercise these rights in accordance with applicable laws.
We encourage you to contact us at the contact information below if you have any questions or concerns with our personal information practices. However, you also have the right to complain to regulatory authorities in your jurisdiction. Please contact us at the contact information below if you need information about the appropriate authority.
10. Data Security
We have implemented measures including reasonable policies, procedures, and other physical, technological and organizational safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology.
The protection of personal information is of paramount concern to us, and we are prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable laws.
The safety and security of your information also depends on you. Where we have given you a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We require you not to share your password and login details with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Unless otherwise provided in the applicable laws, any transmission of personal information is at your own risk.
11. Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by updating our Privacy Policy on the Website. Any changes will be automatically effective after 30 days of update on the Website. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.
12. Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
TRB Bullion ( A Division Of TRB Investments LTD)
[email protected]
ANTI-MONEY LAUNDERING POLICY
- COMPANY STATEMENT
TRB Investments Ltd. which operates TRB Bullion or being referred to here as the “Company” is an entity in Canada regulated by FINTRAC under the dealer of precious metals and stones sector. It establishes policies and procedures to aid in combating money laundering and terrorism financing in the country and other parts of the world. TRB Bullion runs a website that is currently the main platform for business operations. It is the policy of the entity to actively participate in preventing money laundering and terrorist financing activities by complying with all the rules and regulations as mandated by FINTRAC and PCMLTFA and developing its own policies and procedures.
According to FINTRAC, money laundering is the process used to disguise the source of money or assets derived from criminal activity. Profit-motivated crimes span a variety of illegal activities from drug trafficking and smuggling to fraud, extortion, and corruption. One of the most common schemes nowadays involves trade-based money laundering and those involving high-value commodities like gold and other precious metals. Trade-based money laundering as defined by the Financial Action task Force (FATF) is the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illicit origins. The three main stages of money laundering include:
- Placement- this is the initial stage of money laundering wherein the proceeds of crime are introduced into the economy and legitimate business by engaging in a legal business transaction.
- Layering- during this stage, the proceeds of crime is being disguised by distancing it from the crime using different channels or schemes. Criminals entered into multiple and various transactions to prevent the covered entity to track and identify the illicit origin of funds.
- Integration- this is the phase in which the funds will be legitimized and flows back to the perpetrators of the crime after several layering schemes.
- RISK ASSESSMENT
FINTRAC defines a risk-based approach or RBA as a way to conduct a risk assessment by considering elements of the business, clients, and/or business relationships to identify the impact of possible money laundering and terrorist financing risks and to apply controls and measures to mitigate these risks. The Company categorizes its risk assessment into business-based and relationship-based risk. FINTRAC qualifies business-based risk into products, services, and delivery channels, the geographical location in which your business operates along with other relevant factors. On the other hand, relationship-based risks are those that are associated with products and services your clients utilize, the geographical locations in which they operate or do business as well as their activities, transaction patterns, etc.
BUSINESS-BASED RISK ASSESSMENT
- PRODUCTS AND SERVICES OFFERED
Main products for the Company include precious metals such as gold, silver, and palladium which are considered high-value commodities and can be easily liquidated to cash.
- NATURE, SIZE, AND COMPLEXITY OF BUSINESS
The Company is considered as a new player in Canada and currently operates through the website http://trbbullion.com/ and all transactions are done via the internet.
- DELIVERY CHANNELS FOR PRODUCTS AND SERVICES
The Company operates the business through the website wherein the customer needs to create an account before it can make transactions. Acceptable modes of payment are credit cards, e-transfers, checks, BitCoin, cash, Paypal, and wire transfer. The items can be delivered via insured shipping to registered addresses, through UPS, FedEx, Canada Post, including armored cars when necessary.
- TYPES OF CUSTOMER
Canada-based individuals’ can create accounts on the Company’s website and enter into transactions provided they are 18 years old and above and not considered as politically exposed persons or sanctioned individuals by Canada, US OFAC, UN, and EU.
- GEOGRAPHICAL LOCATION
The Company is currently registered in the populous province of Manitoba and operates a website catering to clients within the boundaries of Canada.
RELATIONSHIP-BASED RISK ASSESSMENT
- VOLUME OF TRANSACTION
On a regular basis or when necessary as determined by the Compliance Officer, the Company shall exert all efforts in order to monitor the volume of transactions entered into with a client to whom the Company has established a business relationship. The Company shall use a combination of the manual and system-based monitoring processes to identify ML/TF activities.
- TRANSACTION BEHAVIOR
The Compliance Officer must be able to identify any pattern, behavior, or significant changes on customer profile and transactions that could indicate the presence of Ml/TF activities.
Upon classification of risks, the Company develops it policies and procedures in order to prevent the Company from being used as a platform for converting dirty money into legitimate assets.
III. MANAGEMENT OVERSIGHT AND GOVERNANCE
The Senior Management of the Company shall be the ultimate responsibility for the overall compliance and overseeing the management of the money laundering and terrorist financing (ML/TF) risks. It is also responsible for approving the provisions on the AML Compliance Program to ensure effective compliance particularly in terms of combating ML/TF.
- DESIGNATION OF COMPLIANCE OFFICER
As part of an effective compliance program and proper implementation of policies and procedures in relation to anti-money laundering and combating of financing of terrorism, the Company shall designate a Compliance Officer who is responsible for the execution of the compliance office functions whose primary purpose is to provide guidelines for compliance and proper execution of policies and procedures. The Compliance Officer is expected to carry out the following tasks which include but are not limited to:
- Assessment of areas in DPMS which are vulnerable to money laundering and terrorist financing threats.
- Implementation of a risk-based approach to managing the ML/TF risks focusing more effort on higher risks
- Implementation of policies and procedures in connection to Customer Due Diligence and Know-Your-Client.
- Review and update the policies, controls, and procedures to reflect changes brought by new legislations or by new risks identified by the entity.
- Provides continuous training to all staff involved in operations and provides guidelines on how to comply with the internal policies and procedures as well as of the FINTRAC requirements for the prevention of ML/TF activities.
- Reporting of mandatory reports as needed such as Large Cash Transaction, Suspicious Transaction, Attempted Suspicious Transactions, and Terrorist Property Reports.
- Record keeping and maintenance of documents required by FINTRAC and PCMLTFA.
- Coordinates with the regulatory agencies including consideration of any ministerial directives.
- KNOW-YOUR-CUSTOMER (KYC)
KYC is the process businesses put in place to verify the identity of your customers, clients, and suppliers. Following recent guidelines established by FINTRAC as to when to verify the identity of persons and entities for DPMS, it is the policy of the Company to verify the identities of its client under the following conditions:
- Large cash transactions- The Company must verify the identity of its clients from which it receives $10,000 or more in cash when the transaction takes place. This includes a situation where the Company is deemed to have received cash because it authorized another person or entity to receive it on its behalf.
- Large virtual currency (VC) transactions- The Company must verify the identity of the client from which it receives VC in an amount equivalent to $10,000 or more when the transaction takes place. This includes a situation where the Company is deemed to have received VC because it has authorized another person or entity to receive it on its behalf.
- Suspicious transactions- The Company must take reasonable measures to verify the identity of every client that conducts or attempts to conduct a suspicious transaction, regardless of the transaction amount, and including transactions that would normally be exempt from client identification requirements, before sending a Suspicious Transaction Report (STR).
- VI. CUSTOMER DUE DILIGENCE (CDD)
The Company shall implement a risk-based customer due diligence that involves gathering of information about the customer in order to assess the extent to which the client exposes the Company to the money laundering and terrorist financing risks. The Company implements CDD measures on a risk-rating approach depending on the result of a risk assessment conducted on the factors cited previously. The level of customer due diligence that will be carried out and application of customer acceptance policy depends on the degree of risks identified as follows:
- Standard Due Diligence- As part of its standard due diligence measures or SDD for low-risk clients, the Company shall obtain the following:
- Full Name of the Client
- Email Address
- Payment Methods and details
- Billing and Shipping Address
The said above information along with transaction details shall be monitored regularly by the Compliance Officer to uncover and unusual or suspicious activity. In case of clients who met the conditions set by FINTRAC and PCMLTFA as cited above as to when to verify the identity of customers, the Company shall require the client to present a valid government-issued ID containing the following information:
- individual's name;
- photo of the individual;
- unique identifying number; and
- matching name and appearance of the individual being identified.
The Company shall also record the following information in accordance with the implementing rules and regulations:
- the individual's name;
- the date on which the Company verified the individual's identity;
- the type of document used (for example, driver's license, passport, etc.);
- the unique identifying number of the document used;
- the jurisdiction (province or state) and country that issued the document; and
- the expiry date of the document, if available (if the information appears on the document or card, it must be recorded).
In the event of any discrepancy, the Company has the discretion to proceed or reject the transaction upon the advice of the Compliance Officer and approval from Senior Management.
- ENHANCED DUE DILIGENCE (EDD)
Enhanced due diligence or application of stringent measures are applied to clients that are assessed to pose a high risk for money laundering and terrorist financing. The Company shall execute EDD procedures, including gathering of information and documents in case of high risk individuals to satisfy true identification of beneficial owner and mitigate the ML/TF.
In the event that all efforts of the Company were exhausted and all enhanced due diligence procedures that were deem necessary as determined by the Compliance Officer were already undertaken by the Company but still, the true identification of beneficial owner was still not satisfied, the Company has the right to reject the orders and not to proceed with the transaction.
VII. POLITICALLY EXPOSED PERSON AND SANCTIONED INDIVIDUAL
The Company shall not enter into any business relationship or deal with an occasional transaction with a Politically Exposed Person and sanctioned individuals by Canada, US OFAC, UN, and EU. The Compliance Officer shall conduct a rigid screening process and other necessary measures prior to establishing a business relationship with a potential client in order to verify if the client is a PEP or sanctioned individual. Once identified as PEP or sanctioned individual, the Company shall no longer proceed with the transaction.
VIII. ONGOING MONITORING
The Company shall conduct ongoing monitoring by reviewing all the information obtained about its clients with whom it has a business relationship for the purpose of the following:
- detect any suspicious transactions that are required from DPMS to report to FINTRAC;
- keep client identification information, beneficial ownership information, and the purpose and intended nature of the business relationship record up to date;
- reassess the level of risk associated with its client's transactions and activities; and
- determine whether transactions or activities are consistent with the client information the entity has obtained and the risk assessment of the client.
For those individuals who were tagged as high-risk clients, regular and enhanced monitoring shall be implemented and every time they made a transaction with the Company, all information in relation thereto will be reviewed. Regular monitoring of high-risk clients entails a monthly review of their previous transactions to identify any changes in the pattern and behavior of their purchases. The Compliance Officer as part of its duties will flag certain activities or those that deviate from its expectations and raise concerns, as necessary. For the clients classified as low risks, the Company will implement a semi-annual review or monitoring of transactions.
The Company shall also comply with the mandated requirements for record-keeping of ongoing monitoring by keeping the records of the following: processes in place to perform ongoing monitoring;
- processes in place to perform the enhanced ongoing monitoring of high-risk clients;
- processes for recording the information obtained as a result of the ongoing monitoring;
- processes for recording the information obtained as a result of the enhanced ongoing monitoring of high-risk clients; and
- the information obtained as a result of the ongoing monitoring and enhanced ongoing monitoring of high-risk clients.
- RECORD KEEPING
For the period of five years as mandated, the Company shall comply with all issued guidelines and keep all the records pertaining to the following:
- Reports — a copy of every report sent to FINTRAC
- Suspicious Transaction Reports
- Terrorist Property Reports
- Large Cash Transaction Reports
- Large Virtual Currency (VC) Transaction Reports
- Large cash transaction records
- Large virtual currency transaction records
For the large cash transaction records, the Company will comply with the following record keeping upon receipt of cash payments amounting to $10,000 or more:
- the date when the Company received the cash;
- for any person involved in the transaction (including the person from whom the Company received the cash), their name, address, date of birth, and occupation, or in the case of a sole proprietor, the nature of their principal business;
- for any entity involved in the transaction (including the entity from which the Company received the cash), their name, address, and nature of their principal business;
- the type and amount of each fiat currency received;
- the purpose of the transaction (for example, the cash was used to purchase jewelry or precious metals or precious stones, etc.);
- the method by which the Company received the cash (for example, in person, by mail, by armored car, etc.);
- the exchange rates used and their source (if applicable);
- if an account was affected by the transaction, include:
- the account number and type of account (for example, business, personal, etc.); and
- the name of each account holder;
- every reference number connected to the transaction that is meant to be similar to an account number;
- the following details about the remittance (i.e. the disposition) of, or exchange for, the cash received:
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- the method of remittance (for example, wire transfer, money order, etc.);
- if the remittance is in funds, the type and amount of each type of funds involved;
- if the remittance is not in funds, the type of remittance (for example, virtual currency, precious stones, etc.) and value if different from the amount received in cash; and
- the name of every person or entity involved in the remittance, their account number, or policy number. If there is no account or policy number, their identifying number:
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- when cash is received for the sale of precious metals, precious stones or jewelry, the Company shall also record:
- the type of precious metals, precious stones or jewelry involved in the transaction;
- the value of the precious metals, precious stones or jewelry, if different from the amount of the cash received; and
- the wholesale value of the precious metals, precious stones, or jewelry (that is, the amount paid for the item).
In terms of large virtual currency transaction records, the Company shall make a record when it receives VC in an amount equivalent to $10,000 or more. The record includes:
- the date when the Company received the VC;
- for any person involved in the transaction (including the person from whom the Company received the VC), their name, address, date of birth, and their occupation, or in the case of a sole proprietor, the nature of their principal business;
- for any entity involved in the transaction (including the entity from which the Company received the VC), their name, address, and the nature of their principal business;
- the type and amount of each VC received;
- the exchange rates used and their source;
- if an account was affected by the transaction, include:
- the account number and type of account; and
- the name of each account holder;
- every reference number connected to the transaction that is meant to be similar to an account number;
- every transaction identifier (this may include a transaction hash or a similar identifier, if applicable), and every sending and receiving address;
- when VC is received for the sale of precious metals, precious stones or jewelry, the Company must also record:
-
- the type of precious metals, precious stones or jewelry;
- the value of the precious metals, precious stones or jewelry, if different from the amount received in VC; and
- the wholesale value of the precious metals, precious stones or jewelry (that is, the amount you had paid for the item).
-
It is the policy of the Company in compliance with the law that all documents and reports shall be available and open for any review or scrutiny by any authorities and can be provided to FINTRAC within 30 days upon their request. Only authorized individuals have access to these records to maintain and secure the confidentiality of information.
- X. SUSPICIOUS TRANSACTIONS AND OTHER MANDATORY REPORTS
The Company complies with reporting requirements of FINTRAC and PCMLTFA for DPMS and as such required to complete reports about certain transactions and property and submit them to FINTRAC.
Suspicious Transactions
The Company shall submit a suspicious transaction report (STR) as soon as practicable after completing the measures required to establish reasonable grounds to suspect that a transaction is related to the commission or the attempted commission of a money laundering/terrorist activity financing offense. As soon as practicable should be interpreted to mean that the Company has completed the measures that have allowed it to determine that it reached the RGS threshold and as such the development and submission of that STR must be treated as a priority report.
Terrorist property
Upon gaining knowledge that property in the possession or under control of the Company is owned, controlled by, or on behalf of a terrorist or a terrorist group, the Company shall submit a report without delay. It must also submit a report to the Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS).
Large cash transactions
When Company receives $10,000 CAD or more in cash (including taxes or other fees) either in a single transaction or in multiple transactions within a 24-hour period, it is the policy to submit a report within 15 calendar days.
- STAFF TRAINING PROGRAM
As part of its commitment and responsibility on continuous compliance to combat money laundering and terrorist financing, the Company shall provide its employees involved in its operations to undergo regular training annually to keep updated with the latest amendments and new policies of FINTRAC and PCMLTFA.
Training may be conducted through the following platforms:
- Face-to-face and actual training
- Online training sessions
- Webinars
- Going to conferences
- Taking part in special meetings to discuss the business procedures
- Reading publications
- Meetings to look at the issues and risks
The purpose of the training is to equip the staff of the Company with the necessary knowledge on how to prevent the entity from the occurrence of money laundering and terrorist financing activities or how to mitigate the ML/TF risks once identified. At the end of the training, all participants are expected to have a full understanding of the risks associated with the DPMS operations of the Company and the policies and procedures to combat the ML/TF activities. The following areas shall be covered by the training and must also be documented:
- Introduction to Money Laundering and Terrorist Financing
- Risk-Based Approach Assessment
- Customer Due Diligence
- Ongoing Due Diligence and Transaction Monitoring
- Red Flags on Dealership of Precious Metals and Stones
- Suspicious Activities Reporting
- Record Keeping
A training evaluation form shall be filled out at the end of the training by the participants to identify and analyze the result of the training conducted.
XII. INDEPENDENT REVIEW AND AUDIT
Once every two years or when there is an urgent necessity, the Company shall avail the service of an independent auditor to review the compliance manual and whole program of the entity to identify the level of its compliance with the regulatory requirements for DPMS. All deviations noted by the auditor shall be documented by means of a report and must be discussed with the Compliance Officer and Senior Management for the immediate course of action. The reporting must be done within 30 days from the conclusion of audit works.
XIII. CONFIDENTIALITY OF INFORMATION
The Company shall exercise due diligence to ensure that no reports will be disclosed to any person outside the Company without proper authorization unless instructed for judicial purposes. Additionally, the Company shall require its employees to report immediately any suspected violations of the Company’s AML compliance regime to the Compliance Officer, unless this will implicate the Compliance Officer, in which case, the employee shall report to another member of Senior Management. Such reports will be confidential, and the employee will not be punished for doing so.
For any questions or comments regarding the ANTI-MONEY LAUNDERING POLICY please contact us at:
TRB Bullion ( A Division Of TRB Investments LTD)
[email protected]