Privacy Policy
CAPITALServ Corporation Privacy Philosophy
CAPITALServ Corporation and our affiliates, partners and nominees, and independent
third parties (including independent third-party lenders and independent third-party
service providers who may provide financial, credit, data, information or other services),
are committed to fairly and lawfully collecting and maintaining accurate personal
information and protecting the confidentiality of all personal information that we collect,
retain, use or disclose to others in the course of our business activities.
OUR CONTINUING COMMITMENT TO YOU
Protecting the privacy and confidentiality of personal information has always been
fundamental to the way we do business at CAPITALServ Corporation. We strive to meet
or exceed all the privacy standards established by federal, provincial and industry
authorities in all our dealings with past, current, and prospective customers.
WE LIVE BY IT EVERYDAY
As a condition of their continuing employment, every CAPITALServ Corporation
employee annually signs a declaration acknowledging their agreement to be bound by
the CAPITALServ Corporation Policy of Business Conduct, which includes both
references to CAPITALServ Corporation policies, such as this Privacy Policy, and a
confidentiality section obligating them to maintain the confidentiality of information both
during and after their employment with CAPITALServ Corporation.
CAPITALServ Corporation has appointed a Privacy Officer and has established a
Complaints Procedure to ensure compliance with this Privacy Policy.
WHAT IS PERSONAL INFORMATION?
Personal information is information that identifies you as an individual. It includes your
name and address, age, and gender, also your personal financial records, identification
numbers including your social insurance number, personal references, and employment
records.
WHAT IS IN THIS POLICY
This Privacy Policy has been developed to meet the standards set out in Canada’s
Personal Information Protection and Electronic Documents Act (PIPEDA) and similar
provincial legislation. The Privacy Policy describes the principles CAPITALServ
Corporation will use to protect the privacy of personal information we possess about our
clients, including sole proprietors and individuals carrying on business in a partnership,
and establishes ethical and fair information management practices with respect to
personal information collected, used or disclosed by CAPITALServ Corporation. The
Policy informs customers, be they borrowers, or our investors, and our business
associates, how personal information is handled within CAPITALServ Corporation.
APPLICATION OF THIS POLICY
This Privacy Policy applies to all CAPITALServ Corporation directors, officers, and
employees with respect to any personal information in the possession or control of
CAPITALServ Corporation.
This Privacy Policy does not apply to information about business customers carrying on
business as corporations, partnerships or in other forms of association. The
confidentiality of information with respect to those entities is protected at CAPITALServ
Corporation by our adherence to the applicable laws, our contracts with our business
customers, and CAPITALServ Corporation’s other internal policies.
This Policy does, however, apply to information about officers, staff, or principals of
corporate clients, such as those providing personal guarantees of corporate loans.
CAPITALSERV CORPORATION’S RELATIONSHIPS WITH OTHER INVESTORS /
LENDERS
CAPITALServ Corporation and our affiliates, partners and nominees are in the business
of providing various financial services to its customers. This includes originating,
underwriting and funding loans to borrowers, with monies that may have been provided
to CAPITALServ Corporation from institutional lenders / investors, who contract for
CAPITALServ Corporation to provide those services and to administer, manage, and
collect payments on those loans on their behalf and to report to them on the status of
those financial assets.
Given our requirement to report to these beneficial owners of the loans, CAPITALServ
Corporation must be able to receive and disclose to them various personal information
relating to these financial services.
We may also obtain or share information about you with our third parties service
providers, who help us provide and support our financial services (such as credit
bureaus and identity verification services). Just like with the other third parties we work
with, these third party service providers enter into a contract that requires them to use
your Personal Information only for the provision of services to us and in a manner that is
consistent with this policy.
Further, when you choose to provide us with access to certain personal information
stored by third parties (such as banking aggregation agencies), the information we may
receive varies by site/third party and is controlled by that third party. By consenting to
disclosure of information managed by a third party with us and authorizing us to have
access to this information, you agree that we may use this information for facilitation of
CAPITALServ Corporation services to yourself. All information received from a third-
party shall be collected, stored and used in accordance with this Policy.
You may choose not to have us conduct required checks or receive required information
from third parties, however, this may limit our ability to determine your eligibility for a
financial service and may hinder our ability to provide services to you (or necessitate
additional steps).
This is why our documentation, such as our applications and commitment letters,
contain your acknowledgement and consent to so disclose. We do so based on that
consent and in accordance with this Policy.
THE REASONABLE PERSON APPROACH
PIPEDA is really about sound information management practices. It requires an ethical,
common sense, reasonable person approach to requesting, validating, and maintaining
personal information as a part of our business activities. Confidentiality is a sensitive
topic. Many Canadians have raised concerns about the privacy of their personal
information. Within CAPITALServ Corporation we strive to understand what customers,
clients and investors deem to be reasonable and then apply the principles in this Policy.
CAPITALSERV CORPORATION’S PRIVACY PRINCIPLES
CAPITALServ Corporation endorses and has adopted the ten privacy principals set out
in full in Schedule 1 of PIPEDA. These ten privacy principles summarized below,
embody sound and prudent information management practices. These practices will
provide the necessary assurances that personal information obtained and utilized by
CAPITALServ Corporation in the course of its business activities will be accurate, held
in confidence and be retained in a secure environment.
Principle 1: Accountability
CAPITALServ Corporation takes responsibility for protecting and maintaining personal
information under its control and has appointed a Privacy Officer to ensure compliance
with these principles and PIPEDA.
Principle 2: Identifying the Purposes for Collecting Personal Information
CAPITALServ Corporation will identify and disclose the reasons for which personal
information is collected and used by CAPITALServ Corporation at or before the time the
information is collected.
Principle 3: Consent
CAPITALServ Corporation will obtain an individual’s informed consent for the collection,
use or disclosure of personal information by CAPITALServ Corporation, except as
otherwise required or permitted by law.
Principle 4: Limits to the Collection of Personal Information
CAPITALServ Corporation will limit the amount and type of personal information
collected to that, which is necessary for its intended purposes. Personal information will
be collected by fair and lawful means.
Principle 5: Limits to the Use, Disclosure and Retention of Personal Information
CAPITALServ Corporation will not use or disclose personal information for purposes
other than those for which it was collected, except with the consent of the individual, or
as required or permitted by law. Personal information will be retained only as long as it
is necessary to fulfill those purposes.
Principle 6: Accuracy
To minimize the possibility of inappropriate information being considered in its decision-
making processes, CAPITALServ Corporation will keep personal information as
accurate, complete, and up-to-date as necessary for its intended purposes.
Principle 7: Safety & Security
CAPITALServ Corporation will maintain appropriate safeguards to protect personal
information from loss or theft, unauthorized access, disclosure, copying, use or
modification regardless of the format in which it is retained.
Principle 8: Openness
CAPITALServ Corporation will inform its customers, clients and employees about its
policies and procedures regarding the management of personal information.
CAPITALServ Corporation will ensure that these policies and procedures are easily
understood and readily available.
Principle 9: Individual Access
Upon request, CAPITALServ Corporation will inform an individual of the existence, use
and disclosure of his or her personal information and will provide the individual access
to that information to verify and or update its accuracy and completeness.
Principle 10: Handling Inquiries
An individual will be able to direct an issue or concern regarding compliance with the
above principles, or CAPITALServ Corporation’s practices to CAPITALServ
Corporation’s Privacy Officer or to other accountable employees.
WHAT INFORMATION DOES CAPITALSERV CORPORATION COLLECT?
CAPITALServ Corporation and our affiliates, partners and nominees collects only the
information that is needed for or related to the business purpose or product being
requested. This personal information is obtained primarily from you. CAPITALServ
Corporation may also obtain additional information from other sources with your
consent.
CAPITALServ Corporation and our affiliates, partners and nominees may also obtain
additional information from other sources with your consent.
WHY AND WHAT TYPE OF INFORMATION IS COLLECTED
CAPITALServ Corporation wants to work with you to help you achieve your goals, to
provide you with value-added service on an ongoing basis, and to establish a lasting
relationship with you as your needs grow and change. The better CAPITALServ
Corporation knows you, the better we are able to serve you. CAPITALServ Corporation
therefore asks you for your personal information for the following purposes:
To identify you, thereby protecting us both from error and fraud;
To understand your needs;
To determine the suitability of financial products and services;
To determine your eligibility for financial services;
To provide you with information and offers on financial products and services;
To provide you with information and offers on financial products or services that
may be of interest to you (not applicable to residents of Manitoba), and
To comply with applicable laws.
There are some purposes, which are self-evident. For example, if you are applying for a
loan, CAPITALServ Corporation asks for information concerning your credit history and
for personal references, which CAPITALServ Corporation may use to verify the
information you provided and to underwrite your loan application. CAPITALServ
Corporation may also obtain information about you from other sources in order to better
understand and meet your needs and goals.
In general, you can choose not to provide us with some or all of your personal
information. However, you must understand that if you make this choice, CAPITALServ
Corporation may not be able to provide you with the product, service, or information that
you requested or that was or could be offered to you.
CAPITALServ Corporation will make sure you are aware of the purposes for collecting
information when you apply for any of our products or services. Self-evident purposes
should be clear, but if you have any questions, just ask us. If a new purpose for using
your personal information develops, CAPITALServ Corporation will ask for your consent
again.
DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF CAPITALSERV
CORPORATION
CAPITALServ Corporation has a strict policy of not releasing personal information about
our customers, subject to important exceptions discussed below.
The most common reason for release of your personal information is that you have
given your consent. For example, when you apply for a loan, you give your consent to
the exchange of information about you with a credit bureau and/or other credit grantors.
Other reasons may include if we have a legal obligation, such as a court order, or if we
need to protect assets or the public’s interest. For example, we may release personal
information about a customer to legal authorities in cases of criminal activity, or for the
detection and prevention of fraud. If we release information for any of these reasons, we
keep a record of what, when, why and to whom such information was released.
We do not keep a record of why your personal information is disclosed to third parties
for routine purposes such as reporting regular update reports to a credit bureau, and
investors / lenders, and reporting to third parties when cheques are returned NSF (i.e.,
for insufficient funds).
On occasion, CAPITALServ Corporation and our affiliates, partners and nominees may
offer and/or provide disclosure of personal information to manage and promote the
business activities of CAPITALServ Corporation (not applicable to residents of
Manitoba). Further, if the company or our affiliates, partners, nominees and third parties
refer you to an independent business for a proposed transaction (not applicable to
residents of Manitoba), then we may collect personal and other information from that
independent business regarding the transaction to update your profile for use by the
company and our affiliates, partners, nominees and third parties in the manner set out in
our Privacy Policy.
CAPITALServ Corporation and our affiliates, partners, nominees and third parties may
use this information for general and customized market analysis and research for you;
and for the marketing to you of information, memberships, products, programs, and
services (not applicable to residents of Manitoba).
SHARING YOUR PERSONAL INFORMATION
Your personal information may be shared within our company, our affiliates, and any
third party service providers to help us with our business operations (not applicable to
residents of Manitoba). Specifically, to the extent permitted by law and to the extent
necessary, CAPITALServ Corporation may share your information within CAPITALServ
Corporation, our affiliates, and third-party service providers, in order to provide
products and services (not applicable to residents of Manitoba). This sharing is limited
to a need to know basis. With our various departments having a more comprehensive
understanding of your requirements, we are better able to meet your needs as they
grow and change.
We may also disclose your personal information if it is necessary for us to collect a debt
from you, respond to an public or private assertion or allegation against us, our
affiliates, and third party service providers concerning your account or where we have
reason to believe that it is relevant to the investigation or decision to investigate a
breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction,
and we are legally permitted to do so.
CAPITALServ Corporation routinely collects and collates anonymous, non-personal
information that is not traced back to a specific individual or business client. This
includes individual and cumulative transaction and settlement records with our various
investors. This type of information is considered necessary and consistent with the
CAPITALServ Corporation business activity.
Further, CAPITALServ Corporation and our affiliates, partners and nominees may work
with third parties, including merchants, to enable them to aid and facilitate services
provided to you. In doing so, a third party may share information about you with us, to
inform and provide us with essential information (alone or in combination with other
information) used to process your services.
The information you provide to such third parties and their websites (i.e., not directly on
a CAPITALServ website) will be shared with the owner of the third-party website or
application. Those sites are governed by their own privacy policies, and you are
encouraged to review their privacy policies before providing them with your personal
information. CAPITALServ Corporation and our affiliates, partners and nominees are not
responsible for the content or information practices of such third parties.
EXCEPTIONS TO THE NO COLLECTION, USE OR DISCLOSURE WITHOUT
CONSENT RULES
The limited exceptions, applicable to CAPITALServ Corporation and our affiliates,
partners, and nominees, relating to obtaining consent for the collection, use or
disclosures of personal information include the following:
COLLECTION
CAPITALServ Corporation and our affiliates, partners and nominees are authorized by
PIPEDA to collect personal information without the knowledge or consent of the
individual where:
1. Collection of the personal information is clearly in the interests of the individual
and consent cannot be obtained in a timely manner;
2. It is reasonable to expect that collection of the personal information with the
knowledge or consent of the individual would compromise the availability or
accuracy of the information and the collection is reasonable for purposes of
investigating a breach of an agreement or contravention of federal or provincial
law; or
3. The information is publicly available and is specified by regulations issued by
federal legislation.
USE
CAPITALServ Corporation and our affiliates, partners and nominees are authorized by
PIPEDA to use personal information, without the knowledge or consent of the individual,
in circumstances including where:
1. The personal information was originally collected without consent, express or
implied, and collection was clearly in the interests of the individual and consent
could not be obtained in a timely manner;
2. The information was originally collected without consent, express or implied, in
circumstances where collection with the knowledge and consent of the individual
would compromise the availability or accuracy of the information and the
collection was reasonable for the purposes of investigating a breach of an
agreement or a contravention of federal or provincial law;
3. CAPITALServ Corporation and our affiliates, partners and nominees have
reasonable grounds to believe the information could be useful in the investigation
of a contravention of federal, provincial or foreign law, that has been, is being, or
is about to be committed, and the information is used for the purpose of
investigating that contravention;
4. It is used with respect to an emergency that threatens the life, health or security
of an individual;
5. It is used for statistical or scholarly study or research purposes, under limited
conditions approved by the Privacy Commissioner; and/or
6. The information is publicly available and is specified by the Regulations to
PIPEDA.
DISCLOSURE
PIPEDA authorizes CAPITALServ Corporation and our affiliates, partners, and
nominees to disclose personal information without the knowledge or consent of the
individual in circumstances including if such disclosure:
1. Is made, within the Province of Quebec, to an advocate or notary or, in any other
province, a barrister or solicitor who is representing CAPITALServ Corporation;
2. Is for the purpose of collecting a debt owed by the individual to CAPITALServ
Corporation or it’s affiliates;
3. Is required to comply with a subpoena or warrant issued, or an order made by a
court, person or body with jurisdiction to compel the production of information, or
to comply with rules of court relating to the production of records;
4. Is made to a government institute that has identified its lawful authority to obtain
the information, and which has indicated (i) it suspects the information relates to
national security, the defense of Canada, or the conduct of international affairs, or
(ii) disclosure is requested for the enforcement of federal, provincial or foreign
law, carrying out an investigation relating to such enforcement, or gathering
intelligence for the purpose of such enforcement, or (iii) disclosure is requested
for the purpose of administering a federal or provincial law;
5. Is made to an investigative body or government institution on the initiative of
CAPITALServ Corporation, and relates to a breach of an agreement or a
contravention of federal, provincial or foreign law; or where CAPITALServ
Corporation suspects the information relates to national security, the defense of
Canada or the conduct of international affairs;
6. Is made because of an emergency that threatens the life, health, or security of an
individual and CAPITALServ Corporation informs the individual without delay of
the disclosure; and/or
7. Is made for statistical or scholarly study and research purposes, under limited
conditions, approved by the Privacy Commissioner.
SAFEGUARDING OF PERSONAL INFORMATION
Your personal information is secure within CAPITALServ Corporation. We have
comprehensive security controls to protect against and reduce unauthorized use,
alteration, duplication, destruction, disclosure, loss, or theft of, or unauthorized access
to, your personal information.
CAPITALServ Corporation and our affiliates, partners and nominees may use other
companies to provide services to you on our behalf, such as the printing of
correspondence, storage of your files in a secured environment or to conduct customer
satisfaction surveys on our behalf. In such cases, we will have contracts in place
holding these companies to the same high standards of confidentiality by which we are
governed and requiring that any information provided by us must be kept strictly
confidential and used only for the purposes of the contract.
CAPITALServ Corporation and our affiliates, partners and nominees also have
agreements in place with credit bureaus and other investors / lenders, which also
require that any information provided by us must be maintained in strict confidence.
CAPITALServ Corporation and our affiliates, partners and nominees employ procedures
to ensure the physical, organizational, and electronic security of your personal
information through the use of secure locks on filing cabinets and doors, and restricted
access to our information processing and storage areas. CAPITALServ Corporation and
our affiliates, partners, and nominees’ limits access to relevant information to authorized
employees only, and through the use of pass keys and computer passwords and, where
necessary, the encryption of electronically transmitted information.
CAPITALServ Corporation and our affiliates, partners and nominees have procedures in
place when destroying, deleting or disposing of personal information when it is no
longer required for the purposes as set out in this Policy, or by law, to prevent
unauthorized access to such personal information and while no company can eliminate
all breaches of security, you can rest assure that CAPITALServ Corporation and our
affiliates, partners and nominees are continually taking pro-active measures to secure
all personal information.
RETENTION OF YOUR PERSONAL INFORMATION
CAPITALServ Corporation and our affiliates, partners and nominees only keeps your
personal information for as long as we need it to meet the purposes set out in this
Policy. The length of time we retain your personal information is also affected by: (1) the
type of product or service you have , and (2) any legal requirements we may have to
meet such as regulatory file retention periods or for being able to respond to any
concerns you may have even if you are no longer a customer of ours.
PRIVACY OPT OUT POLICY
You can choose not to provide us with some or all of your personal information. This
may, however, severely restrict the products and services provided to you. You can also
withdraw your consent to our use of your personal information, as long as you give us
notice in writing, addressed to:
Privacy Information
CAPITALServ Corporation
1020 Bayridge Dr.
Kingston, ON K7P 2S2
Withdrawing your consent does not result in our or your inability to fulfill your financial
contract already in place; and
Your consent does not relate to a credit product provided to you, where we are required
to collect and exchange some or all of your personal information on an ongoing basis,
with other investors / lenders, or a credit bureau or to maintain the integrity of the credit-
granting system and the completeness of information held by a credit bureau.
HOW YOU CAN HELP US PROTECT YOUR PERSONAL INFORMATION
If you want to review or verify your personal information or find out to whom we have
disclosed it as permitted by this Policy, you can call and speak to one of our service
representatives. At that time, if it is not something that can be simply answered over the
phone, we will provide you with a form to sign and will help you complete the specific
information we will need from you to enable us to search for, and provide you with, the
requested personal information we hold about you. We may charge you a fee to do this
and will advise you of the fee in advance.
There are a few instances where we will not be able to provide the personal information
we hold about you that you request. Some of these instances include, if:
It contains references to other persons;
It is subject to solicitor-client or litigation privilege;
It contains our own proprietary information that is confidential to us;
It has already been destroyed due to legal requirements or because we no longer
needed it for the purposes set out in this Policy;
It is too costly, in our determination, to retrieve;
We are prohibited by law from disclosing to you.
If we are unable to provide you with access to your personal information, we will
explain the reason why.
Remember that in most provinces you have the right to access and verify the personal
information held about you by a credit bureau. To do so, you must speak directly to the
appropriate bureau.
KEEPING YOUR PERSONAL INFORMATION ACCURATE
We are committed to maintaining the accuracy of your personal information for as long
as it is being used for the purposes set out in this Policy. You play an active role in
keeping us up-to-date. Prompt notification of any changes, for example to your address
or telephone number, will help us provide you with the best possible service. Should you
discover, upon review of your personal information, that amendments are required,
please advise us.
If we do not agree to make the amendments that you request, you may challenge our
decision. We will make a record of this challenge, which will be kept on file.
DO YOU HAVE QUESTIONS OR CONCERNS?
If you have privacy questions, concerns or complaints, we want them to be answered
satisfactorily or resolved as quickly as possible and ask that you follow, in order, the
following three steps.
First: Contact the person at CAPITALServ Corporation you have been dealing with or
call our Customer Service Centre and speak to a representative. They can usually
handle most questions or concerns immediately over the phone.
Second: If the Customer Service Representative or the employee you dealt with is
unable to resolve the matter to your satisfaction, advise them that you wish the matter to
be reviewed by the department manager who will contact you to resolve the issue. You
may be asked to put your concern or complaint in writing.
Third: If you are still not satisfied contact CAPITALServ Corporations’ Privacy Officer at
the addressed noted above.
Upon completion of review by CAPITALServ Corporations’ Privacy Officer, if the above
steps fail to resolve your concern to your satisfaction, your issue may be reviewed by
the Privacy Commissioner of Canada who you may contact at any time in this process
at:
BY MAIL BY TELEPHONE/FAX The Privacy Commissioner of Canada Toll free, at 1-
800-282-1376 112 Kent Street Or Ottawa, Ontario K1A 0H2 By facsimile at 613-947-
6850
RESPONSIBILITIES
Any CAPITALServ Corporation employee who believes personal information is not
being handled in accordance with this Policy should immediately so advise their
manager and the Privacy Officer.
Department Managers required to resolve privacy issues (as per the second step in our
privacy question and complaint handling process) shall maintain appropriate records of
the same and shall report them to the Privacy Officer.
Department Managers are responsible for oversight of this Policy within their
department, including establishing, implementing, and regularly reviewing the necessary
procedures and standards to give effect to this Policy and to train their staff accordingly.
CAPITALServ Corporations’ General Counsel is responsible for providing advice and
assistance to the Privacy Officer and the Department Managers on appropriate
compliance programs and for reviewing the effectiveness of such programs.
The Privacy Officer shall act as a resource to Department Managers in the handling of
disputes and shall present a summary report annually to the Compliance and
Governance Committee of the Board of CAPITALServ Corporation with respect to
unresolved privacy disputes, the nature and number of privacy issues reviewed and any
recommendations with respect to privacy strategies, oversight and policies.
The Privacy Officer will assist Department Managers with developing procedures,
standards, guidelines, and interpretations, promoting awareness of privacy issues and
developing staff training programs.
KEEPING THIS PRIVACY POLICY CURRENT
Changes to this Privacy Policy and the information handling practices of CAPITALServ
Corporation will result in amendments to this document from time to time. The Policy will
be reviewed by the Privacy Officer at a minimum, annually. CAPITALServ Corporation
may add, delete, or modify sections at its discretion.
CAPITALSERV CANADIAN ANTI-SPAM LEGISLATION (CASL) POLICY
(Not applicable to residents of Manitoba) By checking and consenting to receive
electronic messages from us in compliance with this Privacy Policy, as well and this
CASL Policy on our website and/or submitted loan application to CAPITALServ, you are
authorizing CAPITALServ and our affiliates, partners and nominees to communicate
with you via email, social media, text message, telephone, and fax or any other form of
electronic and internet based method via computers, smart phones, mobile or hand held
devices, or telephones. CAPITALServ may send messages to our applicants, clients,
customers, and members in relation to the company’s services, programs, programs,
offers, promotions or those of our affiliates, partners, nominees and third parties.
Marketing Purposes
We may also use and disclose your Information for marketing purposes (not applicable
to residents of Manitoba), including to: (a) better understand your financial needs and
activities so that we may tell you about other products and services that may be of
interest to you, including those offered by our affiliates and third parties we select, (b)
determine your eligibility to participate in contests, surveys or promotions, and to
conduct and administer contests that you enter, (c) conduct research and surveys to
assess your satisfaction with us as a customer, and to develop products and services to
meet your needs, (d) contact you by telephone, fax and automatic dialing-announcing
device, at the numbers you have provided us, or by internet, mail and other methods.
Regrettably, without your consent, CAPITALServ will not be able to provide you with
financial services as CAPITALServ only provides financial services by electronic means.
Messages will be sent by CAPITALServ Corporation:
1020 Bayridge Drive, Kingston, Ontario K7P 2S2.
Phone: 905-320-5538
Email: [email protected]
You may unsubscribe at any time by following the instructions in our communications.
You may also withdraw your consent by contacting us at any of the contacts listed
above or by means specified in our website or agreement. Should you have any
questions, please contact us.