LenderSpotlight.ca provides a tracking service for mortgage products, guidelines and rates (collectively, “Mortgage Products”), to offer Users the ability to search for Mortgage Products that Users believe to be best suited to their needs. You may submit your contact information to us (see below), and we will forward you information regarding and allow you to search our database of third party Mortgage Products from various providers or brokers (“Vendor”), (collectively, the “Services”). There are two versions of the Service available, a basic offering of the Service (“Basic”) and a version with enhanced features (“Platinum”).
Service Disclaimer. By using the Services, you understand and acknowledge that LenderSpotlight.ca provides a platform for Users to get information for Mortgage Products from Vendors about their Mortgage Products. LenderSpotlight.ca is not a provider, vendor or broker of Mortgage Products, nor is it a financial advisor. The information provided on the Website is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. LenderSpotlight.ca makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date.
Any information about Mortgage Products appearing on the Website is provided directly by Vendors (“Vendor Content”), not by LenderSpotlight.ca. As between LenderSpotlight.ca and Vendor, Vendors are exclusively responsible for Vendor Content, and LenderSpotlight.ca shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content.
Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any Vendor for any Mortgage Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.
Users may be provided the option to register or may be required to register for a LenderSpotlight.ca account.
Registration. If electing to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. LenderSpotlight.ca is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.
Subscription for Basic. The subscription for Basic is free. Lendesk reserves the right to charge for this product in the future.
Subscription for Platinum. If the Client elects to subscribe for the Platinum, Client will order the Platinum Services under this Terms of Service by placing written, signed orders on a Subscription Form (defined below), which may set out the specific Services, the term of the subscription, any special terms and conditions, and fees or payment terms. “Subscription Form” means an online or offline order document representing the subscription to the Services that, upon execution by Client, incorporates, and makes, these Terms of Service form part of the agreement between Client and us (the “Agreement”).
Free Trial. From time to time, Lendesk may, at its sole discretion, offer a free trial of Platinum on the terms and conditions set out in the communication making such an offer. Free trials of Platinum are for a period of 14 days, unless otherwise specified in writing by Lendesk. By submitting your payment details, you accept these terms and (i) consent to us using your payment details, (ii) acknowledge and agree to Terms of Service. If you decide that you do not want to become a paying user of Platinum upon the lapse of the free trial period, you have to terminate the Platinum Service at the designated unsubscribe section on the Website by the end of the free trial period. You may only use this free trial offer once. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a free trial offer at any time without prior notice and with no liability.
Combination. From time to time, Lendesk may, at its sole discretion, offer Spotlight Platinum in combination with one of Lendesk’s other products. When using any combination of Lendesk’s products, you agree to be bound by each of their respective online terms of service or use. The pricing for any combination of products is either displayed: (i) on the pricing page on the Website and may change from time to time, or (ii) in your order form and may change as specified in such order form. In a combination scenario your billing may occur in either the Spotlight account or other product’s account at our sole discretion. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a combination offer at any time without prior notice and with no liability.
LenderSpotlight.ca is not a provider, broker or vendor of Mortgage Products appearing on the Website. Any and all Mortgage Products that are listed or referred to on the Website are provided by third party vendors. Other than Related Party Brokerage, LenderSpotlight.ca is not affiliated with any of the Vendors and does not endorse any of the Mortgage Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as LenderSpotlight.ca endorsing any Mortgage Product of any Vendor appearing on, advertised on, or linked to our Website.
Users understand and agree that any transaction for any Mortgage Product is between Users and Vendors. Users may not be eligible for any or all of the Mortgage Products or for specific rates. The Vendor, and not LenderSpotlight.ca, is responsible for approving or denying any application you make for any Mortgage Product in its sole discretion.
The Website and Service is free for Users; however, Users understand and agree that LenderSpotlight.ca may receive fees for submitting Request Forms or making referrals to certain Vendors and/or our partner organizations.
All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not LenderSpotlight.ca, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. LenderSpotlight.ca does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. LenderSpotlight.ca is not liable in any way for any materials, including, but not limited to, any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use or non-use of any User Content.
LenderSpotlight.ca reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information for any reason.
In using the Website and/or Service you shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
collect or store data about other Users or viewers; or
use the Service or Website, other than for personal use, or for a purpose that is competitive with the Service or Website.
If you violate any of these rules, then LenderSpotlight.ca may, in its sole discretion, suspend or terminate your account, or charge you a penalty of $4,000 which will be invoiced to you.
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
If you provide LenderSpotlight.ca with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), LenderSpotlight.ca may use such Feedback in the Website or in any other LenderSpotlight.ca products or services (collectively, "LenderSpotlight.ca Offerings"). Accordingly, you agree that: (a) LenderSpotlight.ca is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to LenderSpotlight.ca, (c) LenderSpotlight.ca (including all of its successors and assigns and any successors and assigns of any of the LenderSpotlight.ca Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any LenderSpotlight.ca Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from LenderSpotlight.ca or any of the other Users of the Website in respect of the Feedback.
You acknowledge and agree that the Website may contain advertisements for Vendor Mortgage Products and other third party products and services. If you elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser. LenderSpotlight.ca shall have no responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
This Website (including User Content) may contain links to other websites that are not owned or controlled by LenderSpotlight.ca. Any reference to any third party, third party product or service, including Vendor Mortgage Products, shall not be construed as an approval or endorsement by LenderSpotlight.ca of that third party, third party product or service. LenderSpotlight.ca is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. You hereby release LenderSpotlight.ca from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
You hereby agree that you bear all risk and you agree to release LenderSpotlight.ca. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, your interactions and transactions with Vendors, your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." LenderSpotlight.ca HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LenderSpotlight.ca DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY ACT OR OMISSION OF ANY VENDOR. LenderSpotlight.ca SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY THIRD PARTY, INCLUDING ANY VENDOR. LenderSpotlight.ca WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LenderSpotlight.ca may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. LenderSpotlight.ca may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and LenderSpotlight.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding any password that you may use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. LenderSpotlight.ca will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or otherwise want to contact LenderSpotlight.ca, please contact us at: admin@LenderSpotlight.ca.
Last Updated: November 26, 2020
Lendesk Technologies ULC, conducting business as Lendesk (“Lendesk”) values and respects the privacy of its clients.
Please see “Contacting Us” for information on how to contact Lendesk’s Privacy Officer.
Client information means any data, including personal information, relating to you or your clients that is entered on the Site or that is stored with Lendesk or third parties engaged by Lendesk. Personal information means any information that may identify a person, such as a name, home address, telephone number, date of birth, e-mail address and social insurance number/social security number, among other things.
When you visit the Site, Lendesk may collect personal information that you provide when you:
In order to process loan applications through the Site, you will be providing Lendesk with client information. Lendesk does not control your information collection or use practices of client information. Lendesk relies on you to obtain the consent of your clients for the use of client information in the Site, as required by applicable privacy laws. At the time of collection, you are required to inform your clients of the purpose of the collection and how their personal information will be used. To the extent that you have provided Lendesk with client information that was not collected by you in accordance with the foregoing, you agree to indemnify Lendesk for any claims or potential claims made against Lendesk and relating to Lendesk’s use and storage of such client information. Such indemnification by you will extend to all losses relating to such claim that are incurred by Lendesk, including expenses.
Lendesk may also collect personal information during your visit to the Site through automatic data collection tools, which include web beacons, cookies, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to its website such as your browser type and language and access times. They may also collect information about your internet protocol address and mac address.
Lendesk may also use some of these automatic data collection tools in connection with certain e-mails sent from Lendesk and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.
We request a phone number and email address in case one of our representatives would need to reach you.
In addition to the specific purposes described above, certain uses of client information by Lendesk may be performed by Lendesk affiliates, service providers, agents and third parties as described below.
(1) Lendesk’s Use of Client Information and Personal Information
Lendesk may also use client information and personal information to:
(2) Service Providers, Agents and Third Party Uses
Lendesk retains service providers, agents and suppliers to deliver products, services and other solutions. Lendesk policies require that service providers, agents and suppliers be required by contract to keep confidential the information received on behalf of Lendesk and not use or disclose it for any purpose other than to carry out the services they are performing for Lendesk.
(3) Foreign Service Providers, Agents and Third Parties
If you have any questions about the collection, use, disclosure or storage of personal information by service providers outside Canada please contact Lendesk’s Privacy Officer as described below under “Contacting Us”.
Disclosure of Personal Information
Lendesk will not sell, rent or lease your personal information or client information to third parties.
Lendesk retains personal information and client information for as long as it is necessary to process related transactions, maintain appropriate financial and audit records, protect Lendesk’s legitimate business interests and for as long as may be required by applicable laws.
All personal information and client information collected by Lendesk is protected by security measures appropriate to the sensitivity of the information.
How Lendesk Obtains Your Consent
Withdrawal of Consent
You have the right to withdraw your consent to the further collection, use and disclosure of your personal information and the use and disclosure of client information. If you request Lendesk to do so, Lendesk will take steps to destroy or delete client information and personal information that you have provided to us. Residual client information and personal information may remain in archived records or other historical records. In addition, Lendesk is not permitted to destroy business or accounting records of transactions that it is required to keep to: comply with statutory or other legal obligations and assert its legal rights. However, Lendesk will not use client information or personal information for other commercial purposes once you withdraw your consent.
The withdrawal of consent to certain uses or disclosures of client information and personal information will mean that Lendesk is no longer able to provide you with certain features of the Site.
You may withdraw your consent to the use of your personal information for the purpose of sending you information by e-mail by unsubscribing. Each e-mail that we send to you will provide you with the opportunity to unsubscribe.
You may withdraw your consent to the use of automatic data collection tools by managing your privacy settings on your computer, your web browser and any privacy or security software that you operate on your computer. For more information please see the instructions that accompany your computer, web browser and privacy or security software.
If you have any questions about the withdrawal of consent to online collection of personal information, you may submit a written request to Lendesk’s Privacy Officer at the address set out below under “Contacting Us”.
When submitting a request, you will be asked to provide suitable identification or to otherwise identify yourself.
Individual Access to and Correction of Personal Information
Lendesk strives to keep accurate information by using technology and management processes and policies. Upon receipt of a written request Lendesk will provide you with reasonable access to the client information and personal information you provided to Lendesk as well as the ability to correct the information, if necessary.
To protect your privacy and security, Lendesk will also take reasonable steps to verify your identity before releasing any information to a requesting party and before any corrections will be made. Lendesk reserves the right to request appropriate proof of the requested corrections.
To access the personal information provided to Lendesk an individual must submit their request in writing to the address set out below under “Contacting Us”.
Lendesk will refer to you any requests that we may receive for access to client information held by us on your behalf. We will also assist you wherever possible in responding to any access requests you may receive.
Lendesk values your opinions. If you have a privacy inquiry, compliment or complaint, you may contact the Lendesk Privacy Officer by submitting a written request to:
Lendesk Technologies ULC Attn: Lendesk Privacy Officer 1038 Homer Street Vancouver, British Columbia, V6B 2W9
Last Updated: June 26, 2020