Privacy Policy
At Mortgage360, we are committed to protecting the privacy and
confidentiality of the personal information of our clients
(individually, the “Client” and collectively, the “Clients.”)
As financial service providers, we have a professional obligation to
maintain in confidence information we receive within our role as a
financial services provider. The purpose of this Privacy Policy is to
advise clients as to why we ask for personal information, how we use
it, what safeguards we employ, and how to contact us with privacyrelated
matters.
What Is Personal Information?
In this Privacy Policy, “Personal Information” means information that
is gathered in connection with an application, pre-approval, request
for information for a mortgage(s) or loan(s) and insurance or other
product through Mortgage360 or Mortgage360 affiliates and is
provided to, or collected by, Mortgage360 and its staff or by
Mortgage360’s agents, associates, and affiliates on Mortgage360’s
behalf (collectively, “Mortgage360”).
Why Mortgage360 Collects Personal Information
Mortgage360 collects and uses Personal Information for the following
purposes:
• Provide mortgage brokering services to the Client and offer
products and services best suited to their needs, including
arranging and/or renewing loan(s)/mortgage(s), informing the
client of group creditor insurance and other products offered or
approved by Mortgage360 or its affiliates that may be of
interest to the Client;
• Checking Client credit worthiness through credit bureau inquiry
and personal information agents who have information on a
Client’s financial position.
• Advising Clients of the financial options, as well as, ongoing
developments of the mortgage market and industry;
• Auditing the services provided to our Clients;
• Compliance with all municipal, provincial, federal and other
applicable laws; and such other specific purposes which are
communicated to the Client by a member of Mortgage360
before collection of such Personal Information.
Except when otherwise permitted by law, we will only use a Client’s
Personal Information for the purposes identified to the Client. When
Personal Information is to be used for a purpose not identified, we
will take all reasonable steps to ensure that new purpose is identified
prior to use.
How Do We Collect Personal Information?
The Client is our main source of information. With the Client’s
consent, we may also obtain information directly from a third party to
help us determine eligibility for various financial products and
services. For credit matters, for example, it is essential that we know
the clients’ financial worth as well as the clients’ credit record. We will
also contact other lenders, financial institutions, credit bureaus and
employers. Consent is therefore important because without it, we will
not be able to carry out the appropriate inquiries and it might be
difficult for us to offer the credit product requested. In most cases,
consent is given on the forms used for specific products or, from time
to time, on a separate form. The declaration of consent is clear and
unambiguous.
Consent
A clients’ provision of Personal Information to Mortgage360 means
that they agree and consent that Mortgage360 can collect, use and
disclose such Personal Information in compliance with this Privacy
Policy. Mortgage360 will not collect, use or disclose a Client’s
Personal Information without the Client’s requisite consent, except in
certain extraordinary circumstances. Such extraordinary
circumstances shall include without limitation, when legal, medical or
security reasons make it impossible or impractical to obtain consent
or where it is otherwise in the best interests of the Client.
The most common method we use to obtain a Client’s consent is by
way of the Client’s consent as confirmed by the application and
written service agreement. Where practicable, we may also obtain a
Client’s consent through oral communications or other written
documentation.
Our Clients may withdraw their consent by written notice to us at any
time, subject to any legal or contractual restrictions and reasonable
notice. A Client’s refusal to provide, or subsequent withdrawal of, his
or her consent may affect Mortgage360’s ability to provide the Client
with mortgage services. A member of Mortgage360 will inform the
Client of the implications of such withdrawal.
To withdraw consent, a Client should contact the Chief Privacy Officer
in writing at:
Attn: Chief Privacy Officer
Mortgage360
20–8180 Macleod Trail S
Calgary, AB T2H 2B8
Use and Disclosure of Personal Information
We will use a Client’s Personal Information to provide financial
advice and services to the Client, to administer our database, to
include Clients in direct marketing Activities and for the other uses
described above under the heading “Why Mortgage360 Collects
Personal Information.” Under certain circumstances, Mortgage360
will disclose a Client’s personal information to third parties.
Specifically, Personal Information may be used, shared and disclosed
to, from, or with, the members of Mortgage360, witnesses in a
litigation proceeding, experts retained on a Client’s behalf, private
investigators, agents retained on behalf of a Client, credit reporting
agencies, credit bureaus, as well as such other third parties as are
necessary to facilitate the matter for which the Client has retained our
office and provided its consent.
Under certain circumstances Mortgage360 may disclose Personal
Information where:
• required or authorized by law to do so, for example if a court
issues a subpoena;
• a Client has consented to the disclosure;
• when mortgage services by Mortgage360 are provided to a
Client requiring us to give Personal Information about a Client
to a third party (for example, to a lender in a real estate
mortgage transaction) the Client’s consent will be implied,
unless the Client tells us otherwise;
• where it is necessary to pull a credit bureau for purposes of
processing a mortgage transaction;
• if Mortgage360 engages a third party to provide administrative
or support services to us (such as computer back-up services,
shredding or archival file storage) and the third party is bound
by our Privacy Policy;
• protection of Mortgage360’s best interests;
• protection of public interests such as the denouncement of
criminal activity such as fraud or money laundering. In all such
cases, authorities are contacted and personal information may
be disclosed;
• if we retain a law firm(s) to Act on our behalf for any reason; or
• if the information is already publicly known.
Limiting collection and retention of Personal Information
Mortgage360 limits the collection of a Client’s Personal Information
to that which is necessary for the purposes identified in this Privacy
Policy as same may be amended from time to time, or for any
additional purpose identified to the Client before the collection of the
Personal Information. As well, Personal Information is not used or
disclosed for purposes other than those for which it was originally
collected, except with the consent of the Client or as otherwise
permitted by law.
Mortgage360 will retain Personal Information only for so long as it is
needed to fulfill the purposes for which it was obtained and to meet
our professional requirements as set out our governing regulatory
bodies and/or any other legal requirement, statutory or otherwise,
from time to time.
Accuracy
Mortgage360 strives to ensure that a Client’s Personal Information is
as accurate, complete, and up-to-date as is necessary for the purposes
for which it is used.
Safeguards
Mortgage360 endeavors to maintain adequate safeguards to protect
against loss, theft, unauthorized access, disclosure, copying, use or
modification of Clients’ Personal Information in the care of
Mortgage360. Mortgage360 uses various methods to safeguard
personal information, including physical security, computer and
electronic security, destruction of information no longer needed, and
contractual protections with third party data processors.
Protection
Client lists are never passed on to third parties other than affiliated
members of Mortgage360. When they are hired, our employees and
agents must undertake to respect the confidential nature of client
information. Only employees and associates who need to view the file
as part of their work have access to this information.
Accountability, Openness and Client Access
Mortgage360 is responsible for the Personal Information under its
control and has appointed a Chief Privacy Officer to oversee our
efforts to comply in all material respects with applicable privacy
legislation and the terms of this
Privacy Policy.
The
Chief Privacy Officer and those designated by the Chief Privacy
Officer address and investigate questions or concerns regarding a
Client’s Personal Information. Mortgage360 will provide a Client
access to their Personal Information. The Client may correct or
amend any inaccuracies in the Client’s Personal Information.
Mortgage360 has the right to refuse a request for access to Personal
Information if:
• The information is protected by legal privilege;
• . Granting access would reveal confidential commercial
information;
• The information was collected for purposes related to the
detection and prevention of fraud;
• The information was generated in the course of a formal dispute
resolution process;
• The information would likely reveal personal information about
another individual;
• The request is vexation or frivolous;
• To protect our firm’s rights and property.
Changes to Privacy Policy
Mortgage360 will from time to time review and revisit privacy
practices and this Privacy Policy