PRIVACY POLICY - FOR CLIENTS
Policy Introduction
At Chantal the Mortgage Broker, I am a Broker Team Lead with TCG Lending Centres FSRA 13441. As such, I have adopted and abide by the TCG Lending Centres Brokerage Privacy Policy. If you have any questions or concerns about this policy, how it applies to your information, or would like to correct information contained in your file, you may contact:
Independent Contractor Mortgage Broker Contact Information:
Broker: Chantal La Duke, Mortgage Broker & Team Lead
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 905-581-4511
If you require further assistance or information, you may also contact the TCG Lending Centres Privacy Officer.
TCG Lending Centres Privacy Officer Contact Information:
Privacy Officer: Carmen Costa, Principal Broker & Owner
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 289-389-4856
Email: carmen@tcglendingcentres.com
1 Policy Scope and Use
At TCG Lending Centres, we respect the privacy of our Clients, and we are committed to keeping their personal information accurate, confidential, secure and private and we have a professional obligation to maintain in confidence all information received in the course of originating a mortgage for a Client.
This policy is available for internal and external use. The purpose of this policy is to make Clients and Mortgage Brokers / Mortgage Agents aware of our policy and why we ask for personal information, how we use it, what safeguards we employ, and how to contact us with privacy-related matters. We require Mortgage Brokers / Mortgage Agents take all precautions to protect the confidentiality and safety of personal information in our possession while adhering to our Document Retention and Destruction Policy.
2 Introduction
We provide a variety of products and services to the public, including, but not limited to Mortgage Advice, Mortgage Financing Services, and Mortgage Life Insurance Services. In the course of complying with the various financial regulations that apply to Mortgage Brokering, we are required to collect, with your consent, certain personal information about you.
“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 TCG Lending Centres or TCG Lending Centres’ affiliates and is provided to, or collected by, TCG Lending Centres and its staff or by TCG Lending Centres’ agents, and affiliates on TCG Lending Centres’ behalf (collectively, “TCG Lending Centres”).
Our Privacy Policy is aligned with Canada's PIPEDA and the Ten Privacy Principles. You can learn more about this legislation at privcom.gc.ca. All TCG Lending Centres employees and contractors must adhere to this policy, and we have appointed a Privacy Officer for compliance.
3 The Ten Principals of Privacy
The following Ten Principles govern our actions as they relate to the use of your personal information:
Principle 1 – Accountability Principle 2 – Identifying Purposes Principle 3 – Consent Principle 4 – Limiting Collection Principle 5 – Limiting Use, Disclosure and Retention | Principle 6 – Accuracy Principle 7 – Safeguarding Personal Information Principle 8 – Openness Principle 9 – Accessing and Amending Your Information Principle 10 – Addressing Complaints |
3.1 Principle 1 – Accountability
We are accountable for all personal information in our possession or custody, including personal information disclosed to third parties for purposes of providing services requested by you
3.2 Principle 2 – Identifying Purposes
We will inform you of the purposes for which we are collecting any personal information, either before, or at the time the information is collected.
3.3 Principle 3 – Consent
We will obtain consent from you before or when we collect, use or disclose your personal information.
3.4 Principle 4 – Limiting Collection
The information collected will be limited to those details necessary for the purposes we have identified that relate to managing our relationship with you. Information will be collected by fair and lawful means.
3.5 Principle 5 – Limiting Use, Disclosure and Retention
Personal information will only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. In certain exceptional circumstances, we may have a legal duty or right to disclose personal information without your knowledge or consent with respect to matters that concern the company’s or the public’s interest.
3.6 Principle 6 – Accuracy
We will keep personal information as accurate, complete and current as necessary to fulfill the identified purposes for which it was collected. You may have this information amended where it is found to be inaccurate or incomplete.
3.7 Principle 7 – Safeguarding Personal Information
Personal information is safeguarded using measures appropriate to the sensitivity of the information. All personal records will be securely safeguarded to protect against theft and/or falsification of the information.
3.8 Principle 8 – Openness
We will make information available to you about the Policies and Procedures we use to manage personal information.
3.9 Principle 9 – Individual Access – Accessing and Amending Information
Upon written request, you will be informed of the existence, use and disclosure of your personal information, and will be given access to it. We will respond to such requests as efficiently as possible. If we are prohibited from providing such access, we will explain the reasons for the lack of access, except where prohibited by law.
3.10 Principle 10 – Addressing Complaints and Suggestions
You may challenge TCG Lending Centres’ compliance with the Privacy Policy. We have policies and procedures to receive, investigate and respond to your complaints and questions. You may also contact our Privacy Officer to express any concerns or to request access to your personal information. The contact information for this individual is provided below.
Independent Contractor Mortgage Broker Contact Information:
Broker: Chantal La Duke, Mortgage Broker & Team Lead
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 905-581-4511
TCG Lending Centres Privacy Officer Contact Information:
Privacy Officer: Carmen Costa, Principal Broker & OwnerAddress: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3Phone Number: 289-389-4856Email: carmen@tcglendingcentres.com
4 How Do We Collect Personal Information?
Clients provide us with information, and with their permission, we may also get information from third parties to assess their eligibility for financial services. This includes checking creditworthiness by looking at their financial status and credit history. We may also contact other lenders, credit bureaus, and employers.
Consent is crucial for these inquiries. Without it, we may not be able to offer the requested credit product. We have clear consent forms for clients to sign, which are available electronically too.
TCG Lending Centres’ forms available to collect Client consent can include, but are not necessarily limited to, TCG Client Consent Form, TCG Lending Centres Mortgage Application, and Investigation Department Request Form for a US File or International File. We may also collect consent electronically through our online application and document portals.
A Clients’ provision of Consent to collect Personal Information to TCG Lending Centres means that they agree and consent TCG Lending Centres can collect, use, and disclose such Personal Information in compliance with this Privacy Policy.
TCG Lending Centres will not collect, use or disclose a Client’s Personal Information without the Client’s 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.
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 the subsequent withdrawal of, their consent may affect TCG Lending Centres’ ability to provide the Client with mortgage services. TCG Lending Centres (or the Mortgage Broker/Agent) will inform the Client of the implications of such withdrawal. To withdraw consent, a Client should contact TCG Lending Centres’ Chief Privacy Officer in writing at:
Independent Contractor Mortgage Broker Contact Information:
Broker: Chantal La Duke, Mortgage Broker & Team Lead
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 905-581-4511
TCG Lending Centres Privacy Officer Contact Information:
Privacy Officer: Carmen Costa, Principal Broker & OwnerAddress: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3Phone Number: 289-389-4856Email: carmen@tcglendingcentres.com
5 Information We Typically Collect
The information we typically require includes:
Name Address Phone Number(s) Email(s) | Date of Birth Social Insurance Number Credit Report Banking Information | Personal Work History Income Verification Assets & Liabilities Property Information |
Additional information may be required from you for the purposes of completing your application or fulfilling lender conditions, or to allow us to comply with the MBLAA, 2006 or other laws and regulations. You will be notified of what information is required and why we require it at the time it is requested.
6 How Your Information Is Used
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 following purposes:
1. 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 TCG Lending Centres or its affiliates that may be of interest to the Client;
2. Checking Client credit worthiness through credit bureau inquiry and personal information gathered by agents who have information on a Client’s financial position;3. Advising Clients of the financial options, as well as ongoing developments of the mortgage market and industry;4. Auditing the services provided to our Clients;5. To meet compliance requirements imposed by all municipal, provincial, federal and other applicable laws; and6. Such other specific purposes which are communicated to the Client by a member of TCG Lending Centres 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 currently identified, we will take all reasonable steps to ensure that new purpose is identified prior to use and then info the Client.
7 When Can We Disclose Your Personal Information?
Under certain circumstances, TCG Lending Centres 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 TCG Lending Centres Head or Branch Offices; witnesses in a litigation proceeding; 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.
We are also obligated to keep your personal information confidential except under the following circumstances:
7.1 When Authorized by YouMany of the services offered by us require us to obtain personal information. We will use this information to tailor programs to meet your needs and objectives. We will always obtain consent from you first, and we will never use the information for purposes other than those we have told you. You may also withdraw your consent at any time, subject to any legal implications (which we will inform you about). Some examples include submitting your personal information to a mortgage lender for consideration or requesting your credit bureau report.7.2 When Required by LawIn some cases, such as under a court order, we may be required to disclose certain information to persons specified in the court order. We will only provide the specific information requested and only upon being satisfied that the authorities have legitimate grounds to request the information. Examples include if we retain a law firm(s) to act on our behalf for any reason, as required or authorized by law to do so, for example, if a court issues a subpoena, or reporting fraud, money laundering, or criminal activities to the appropriate authorities and regulators.7.3 When Permitted by LawThe legislation has provided certain situations where we are legally permitted to disclose personal information without your consent. Examples include situations involving the collection of debt in arrears, medical emergencies, or suspicion of illegal activities.
8 With Whom We May Share Your Information
We may share your personal information with the following individuals and under the following circumstances:
8.1 EmployeesIn the course of daily operations, access to sensitive personal information is limited to those within our Brokerage that have a legitimate reason for accessing it. As a condition of their employment and/or contract, our personnel are required to follow all applicable laws and regulations, including this Privacy Policy. Unauthorized use or disclosure of confidential Client information by our personnel is prohibited and could result in disciplinary measures up to and including termination and prosecution.8.2 AffiliatesIn order to better meet your needs, we may share some of your personal information with our affiliated companies. We will only do this with your express consent, and you may withdraw this consent at any time. The procedure for withdrawing consent is outlined below under the section “Opting Out”.8.3 Third Party SuppliersLike many businesses, we engage and coordinate third party suppliers (Realtors, Solicitors, Lenders, IT companies, shredding services) to provide you with services offered through this Brokerage. Such suppliers are only given the information that is needed to communicate with you directly about their products and services. Suppliers are contractually bound to protect the confidentiality of your personal information, and they are prohibited from doing anything with this information that we have not authorized them to do. They are required to treat your personal information in a manner consistent with our Privacy Policy.8.4 Sale of BusinessWe may transfer your personally identifiable information to a third party in connection with a sale, merger or other disposition (whether of assets, stock or otherwise) of our business.
9 Limiting Collection and Retention of Personal Information
TCG Lending Centres limits the collection of a Client’s Personal Information to that which is necessary for the purposes identified in this Privacy Policy or through any amendments to it that may from time to time may be necessary, 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 or required by law, as described above.
TCG Lending Centres will retain Personal Information only for as long as it is needed to fulfill the purposes for which it was obtained and to meet our professional requirements as set out by our governing regulatory bodies and/or any other legal requirement, statutory or otherwise, which may change from time to time.
Currently all Personal Information Records must be maintained by TCG Lending Centres for 6 years from the latter of the date of the last application or the end of the term of the last mortgage or mortgage renewal or other mortgage transaction facilitated by us (O. Reg. 188/08, s.46, s.48). “Personal Information Records” is defined in O. Reg. 188/08 s.46 as:
1. Complete and accurate records of every mortgage application, mortgage instrument and mortgage renewal agreement received or arranged by the brokerage.2. Complete and accurate records of every other agreement entered into by the brokerage in the course of dealing or trading in mortgages or in the course of mortgage lending.3. Complete and accurate records of all documents or written information given to or obtained from a borrower or prospective borrower, a lender or prospective lender, an investor or prospective investor or any other person or entity pursuant to a requirement established under the Act (O. Reg. 188/08, s. 46 (1))
10 Safeguards
TCG Lending Centres has extensive controls in place to maintain the security of its information and information systems endeavors to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification, of a Clients’ Personal Information that is in our care (O. Reg. 188/08 s.47). Client information is stored according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) exist on our computer systems and form part of our data processing procedures. Physical access to areas where your personal information is gathered, processed, or stored is secured and limited to authorized personnel. TCG Lending Centres uses various methods to safeguard personal information, including locked file cabinets, password protected computer and electronic file access, office security system, shredding of information no longer required, and contractual protections with any third-party data processor used by TCG Lending Centres.
Furthermore, we are not allowed to pass Client lists on to third parties other than affiliated members of TCG Lending Centres (for example lenders or credit insurance provider). We respect the confidential nature of our Client’s information and only personnel who have a “need to Know” requirement as part of their work are allowed to have access to this information.
11 Accessing and Amending Your Information
The Chief Privacy Officer, and those designated by the Chief Privacy Officer, address and investigate questions or concerns regarding a Client’s Personal Information. You have the right to access the personal information we keep in your file, and you have the right to verify or amend the information if it is shown to be inaccurate. If you would like to view the personal information held in your file, please make a written request to the Privacy Officer at the address listed below. To make a change to your personal information, please make a similar request in writing to the Privacy Officer. We will respond to your request as quickly as possible.
Independent Contractor Mortgage Broker Contact Information:
Broker: Chantal La Duke, Mortgage Broker & Team Lead
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 905-581-4511
TCG Lending Centres Privacy Officer Contact Information:
Privacy Officer: Carmen Costa, Principal Broker & OwnerAddress: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3Phone Number: 289-389-4856Email: carmen@tcglendingcentres.com
However, TCG Lending Centres has the right to refuse a request for access to Personal Information if:
1. The information is protected by legal privilege;2. Granting access would reveal confidential commercial information;3. The information was collected for purposes related to the detection and prevention of fraud;4. The information was generated in the course of a formal dispute resolution process;5. The information would likely reveal personal information about another individual;6. The request is vexation or frivolous; or
7. To protect our firm’s rights and property.
12 Changes to Privacy Policy
TCG Lending Centres will from time-to-time review and revisit privacy practices and this Privacy Policy. Such reviews may result in changes or amendments to this policy without notice.
13 TCG Lending Centres & Independent Mortgage Broker Websites
Our Web sites may contain links to other sites, which are not governed by this Privacy Policy. Regarding our Web sites, like most other commercial Web sites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
14 Communicating Via Email, Using Digital Signing Software
We recognize that convenience and quick access to advice must be balanced with security needs. We use many different means to communicate with Clients, some of which are more convenient such as e-mail or using digital signature software to complete documents.
Our emails are sent with industry standard 128-bit encryption. Such encryption however does not guarantee privacy and security as encrypted messages can be subject to interception and translation.
If Clients do not wish to communicate with us by email or use digital signature software, they may make this request and we will make alternative arrangements.
15 Questions, Concerns and Complaints
If you have any questions, concerns, or complaints about your personal information, or about our Privacy Policy, please contact our Privacy Officer:
Independent Contractor Mortgage Broker Contact Information:
Broker: Chantal La Duke, Mortgage Broker & Team Lead
Address: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3
Phone Number: 905-581-4511
TCG Lending Centres Privacy Officer Contact Information:
Privacy Officer: Carmen Costa, Principal Broker & OwnerAddress: 247 Centennial Pkwy, Unit 15, Hamilton, ON L8E 2X3Phone Number: 289-389-4856Email: carmen@tcglendingcentres.com
