Privacy Policy

This Privacy Policy (this "Policy") is effective as of Jan 24th, 2020.

In this statement, the words “LendCare”, “we”, “our”, the “Company”, and “Business” refer to Lendcare Capital Inc. and its affiliates and related companies. The words “you” and “your” refer to our customers, prospective customers, and anyone who visits our website, engages with our services and otherwise provides personal information to Lendcare.

The phrases “information” and “personal information” mean any factual or subjective information about an identifiable individual, but does not include business contact information used for contacting the information to matters relating to their jobs. Examples include (but are not limited to) age, name, ID numbers, income, ethnic origin, credit records, loan records, and existence of a dispute with a merchant.

Introduction

Thank you for visiting LendCare’s website. Your privacy is important to us. This Policy explains our information practices and the choices you can make about the way your information is collected and used. If you have any questions, do not hesitate to contact us using the information set out in Section 9 entitled “Customer inquiries & CPO contact”.

What information we collect

LendCare collects the Personal Information we need for the purposes stated in this Policy and as otherwise permitted or required by law. We may collect the following types of Personal Information about you:

Identification and contact details, such as name, date of birth, marital status contact information (e.g. address, telephone number, and email address), passport, driver's license, Social Insurance Number, other governmental identification information, and information relating to dependents;
Employment information such as your employer name, employment history, occupation, job title, and current and past income;
Financial information such as your bank name, account and transit numbers, credit history, sources of wealth, assets, liabilities, transaction history, financial relationships, and personal references; and
Information about your past interactions with us and our Affiliates.

Why we collect and use your information

We may use your information for the following reasons:

To provide you with our products and services, and to improve our quality of service and minimize any disruption to the products and services that we may offer you;
To satisfy any contractual arrangements we may have with you;
To confirm your identity;
To assess and verify your creditworthiness;
To directly or indirectly communicate with you about our products and services and related offerings;
To promote or market our services and those of our Affiliates;
To make referrals to Affiliates and non-affiliated organizations for other services;
To process your information with your consent;
To manage our risks and operations;
To protect you from unauthorized access or identity theft;
To establish, exercise or defend legal claims or proceedings; or
To comply with our legal and regulatory obligations under applicable laws;
To comply with "know your customer" obligations based on applicable anti-money laundering and anti-terrorism requirements, customer due diligence, or other similar laws or regulations;
To aid in the detection, prevention or suppression of fraudulent or criminal activity; and
For other purposes required or permitted by applicable laws and regulations.

Meaningful consent

We believe in meaningful consent. Providing us with your information is always your choice. In some cases, we may assume consent when you provide your information directly to us and we use that personal information to purposes reasonably connected to what you’ve asked us to do (for example when you request a product or service we provide, or when completing a transaction).

You can always retract your consent. If you retract your consent, we will respect your choice, subject to our right to continue to use your information to fulfil our contracts with you, collect debts, or otherwise as permitted or required by applicable laws and regulations.

In some limited situations, we may collect and use your information without your consent as permitted or required by law. For example, we may be legally required or permitted to disclose information for our protection (such as collection and fraud prevention) or the protection of other’s rights and interests without consent, and otherwise to comply with law, regulations or regulatory authority.

How we collect your information

Most of the information is collected when you engage with us and our products and services. For example, we collect information when you:

Submit an application for our products, including supporting documentation;
Communicate with us, whether verbally or in writing;
Use our website (through cookies, which are files that reside on your computer and contain information about your browsing history);
Open and operate an account with us; or
Call our customer service lines or email our customer service department.
In the course of providing our services, we may also collect financial and other information about you from third parties, including:
Credit reporting agencies;
Third-party verification services; and
Merchants from whom you have purchased goods or services and in respect of which you have applied for credit from us.
If you provide information about a third party or authorize a third party to do so, we will assume you have taken proper measures to obtain informed consent.

How we use your information

We may use your information for the purposes stated above in Section 3, or the purposes communicated to you at the time of collection or in your agreement(s) with us or as otherwise permitted or required by law. In specific cases, we may use your information to:

Verify your identity and authenticate you when you contact us;
Communicate with you through various channels including telephone, mail, email, web applications, or mobile applications;
Provide you with the products and services we offer;
Assess your financial situation in order to determine your eligibility for the products and services we offer;
Send you information (with your consent) about other products and services that we offer, and related products and services that third parties may offer;
Conduct statistical analytics and predictive models for legitimate business purposes;
Manage our risks and operations; and
Meet our regulatory and legal requirements.

When we share your information

We will endeavour not to share personal information for any purposes other than the purposes listed in this Policy unless it is authorized by you, or is otherwise permitted or required by law. Examples of when we may share personal information include sharing to:

Our contractors, associates and affiliates, for the purposes of assessing creditworthiness and administering and granting our credit services;
Our business partners, for the purpose of offering you related products and services that may benefit you;
Our administrative and technical support providers for the purpose of servicing your account, including cloud storage providers or data analytics providers. [NTD: Must be confirmed]
Our funding partners, for the purpose of providing information related to the credit services granted to you by us;
Third party marketing and data processing agencies, for the purpose of engaging in marketing services and promotional activities, whether by email or otherwise; and
Debt collection agencies and related entities, for the purposes of pursing collection accounts owed to us.

The following are additional circumstances in which we may share your information with third parties. These include:

Legal requirements

Subject to applicable law, we may disclose information if required or permitted to by law or regulation or in the good faith belief that such action is necessary to:

Comply with a legal obligation or in response to a request from public authorities or regulatory bodies to which we are subject;
Protect and defend our rights or property;
Detect, prevent or report to law enforcement agencies fraud or other illegal activity;
Verify identity or conduct required due diligence;
Act in urgent circumstances to protect the personal safety of our workers/employees, our clients, or the public;
Protect against any legal liability; or
As permitted or required by law.

Business transfers

From time to time we may sell, buy, restructure or reorganize our business or assets. In the event of any actual or proposed sale, merger, reorganization, restructuring, dissolution or any similar event involving our business or assets, personal information may be shared with the relevant entity or may be part of the transferred assets.

Third-party programs

We may from time to time enter into contracts with third parties for programs that provide products and services to our clients.

Safeguarding your information

It is important to us that your information is protected. We take the following steps to ensure that your information is safe, complete and accurate:

Physical measures, such as locked filing cabinets and restricted access to physical records;
Organizational measures, such as security clearances and limiting access on a need-to-know basis; and
Technological measures, such as securing information by means of data permissioning, passwords and encryption.

Employee and third-party access

Your information can only be accessed by employees who have a valid business reason to do so. Our service providers and contractors are also contractually required to maintain the strict information security standards set out in this policy.

Retention policy

We only retain information for as long as necessary for the purposes outlined in this Policy and as otherwise permitted by applicable laws and subject to record-keeping requirements imposed by applicable laws, regulations and business practices.

Your right to access your information

You may always access personal information we hold about you by submitting a written request to us via the contact information provided at Section 9. To enable us to obtain your information in a timely manner, you may be required to provide sufficient information to allow us to identify and authenticate you in order to provide the information you are requesting.

Please note that there may be instances where access to your information may be restricted as permitted or required by law. We will advise you of the reasons for restricting access, subject to any applicable laws or regulations.

Customer inquiries & CPO contact

Any inquiries relating to this Policy should be directed to our Privacy Officer at the following address:

LendCare Capital Inc.

Attention: Privacy Officer

1465 Pickering Parkway, Suite 101

Pickering, Ontario L1V 7G7

Canada

http://www.lendcare.ca

Modifications to this Policy

This Policy may be modified from time to time due to changes in legal or regulatory requirements or for other reasons. We reserve the right to make such changes. Any material changes will be posted on our website, and we may also notify you by email or other means. Material changes to this Policy will be binding after such changes have been introduced and notice provided. We may assume that you have provided your consent from your continued patronage of our products or services.

Governing law

This Policy and any disputes arising from it shall be interpreted in accordance with the laws of the Province of Ontario and all applicable federal laws of Canada.

Sharing and Disclosing To Other jurisdictions

Our business relationships may result in your information being stored outside of Ontario and outside of Canada. For example, personal information may be disclosed to service providers, affiliated entities or regulatory bodies or other third parties located in other jurisdictions. You acknowledge and agree that your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement agencies in other jurisdictions.

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