Terms of Service

Lendesk Technologies ULC (“Lenderspotlight.ca”/“we”/“us”/“our”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.LENDERSPOTLIGHT.CA (the “WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“Users”/“you”).

BY USING THIS WEBSITE AND/OR SERVICE (DEFINED BELOW), YOU HEREBY PROVIDE TO US YOUR ACCEPTANCE OF THESE TERMS OF USE (“Terms of Use”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY LenderSpotlight.ca FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. USE OF THE WEBSITE OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR AGREEMENT AND ACCEPTANCE OF THE REVISED TERMS. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE CERTAIN FEATURES OF THE WEBSITE, YOU MAY BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

The Service

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”).

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.

Registration or Subscription

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. If required by us, Client will order the Services under this Terms of Service by placing written, signed orders on a Subscription Form, which may set out the specific Services, the term of the Agreement, any special terms and conditions, and fees or payment terms; and only the execution of an Subscription Form related to the Services by Client and by us constitutes a binding contract between those parties. “Subscription Form” means an online or offline order document representing the subscription to the Services that, upon execution, incorporates, and makes, these Terms of Service form part of the agreement between Client and us (the “Agreement”).

Request Forms

For Mortgage Products information from Vendors, you will need to fill out a request form (“Request Form”) providing basic information that will be provided by us to Vendors. The Request Form will ask you to provide certain personal information, which may include your name, phone number, location, contact method, and certain details specific to the Mortgage Product you are interested in (e.g. you may be asked to provide the approximate amount of mortgage you require). We will forward your Request Form information to Vendors, who will then contact you via your preferred contact method. YOU HEREBY CONSENT TO OUR COLLECTING, PROCESSING, DISCLOSING AND DESTROYING THE PERSONAL INFORMATION YOU PROVIDE IN YOUR REQUEST FORM OR OTHERWISE THROUGH THE WEBSITE IN ACCORDANCE WITH OUR PRIVACY POLICY.

No Endorsement

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.

User Eligibility for Mortgage Products

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.

LenderSpotlight.ca Fees

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.

User Content

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.

Restrictions on User Content and Use of the Service

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:

    • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    • you do not have a right to make available under any law or under a contractual relationship;
    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
    • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
    • contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  • 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.

License of Content

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.

End User License

Except for User Content and Vendor Content, this Website and the Service, and the information and materials that they contain, are and remain the intellectual property and/or proprietary information of LenderSpotlight.ca and its partners and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Terms of Use, LenderSpotlight.ca grants you a non-transferable, non-exclusive, license to use the Website for your personal use only. Nothing in this Terms of Use gives you a right to use the LenderSpotlight.ca or Vendors names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website shall be subject to this Terms of Use.

Feedback

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.

Advertising

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.

Links & Third-Party Websites

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.

Release

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.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LenderSpotlight.ca BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF LenderSpotlight.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LenderSpotlight.ca’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TEN DOLLARS (CANADIAN) OR (B) AMOUNTS LenderSpotlight.ca HAS ACTUALLY RECEIVED FROM YOU IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD LenderSpotlight.ca AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH YOUR USE OF THE WEBSITE, USER CONTENT, OR ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination

LenderSpotlight.ca may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with LenderSpotlight.ca, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by LenderSpotlight.ca in its sole discretion and that LenderSpotlight.ca shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by LenderSpotlight.ca shall be in addition to any and all other rights and remedies that LenderSpotlight.ca may have.

Website Access & Changes

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.

Security

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.

General

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by LenderSpotlight.ca. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of LenderSpotlight.ca to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by LenderSpotlight.ca must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without LenderSpotlight.ca’s prior written consent. These Terms of Use are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute or proceeding the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia, in the city of Vancouver, British Columbia.

If you have any questions about these Terms or otherwise want to contact LenderSpotlight.ca, please contact us at: admin@LenderSpotlight.ca.

Last Updated: June 26, 2020

Privacy Policy

Introduction

Lendesk Technologies ULC, conducting business as Lendesk (“Lendesk”) values and respects the privacy of its clients.

This Privacy Policy informs you of Lendesk’s privacy practices regarding your use of www.lenderspotlight.ca (the “Site”).

Contents of the Lendesk Privacy Policy:

  1. Scope and Accountability
  2. Collection, Use and Disclosure of Client Information and Personal Information
  3. Retention and Security
  4. Your Choices
  5. Changes to this Privacy Policy
  6. Contacting Us

1. Scope and Accountability

This Privacy Policy governs the collection, use and disclosure of personal information and client information (each as defined below) in connection with your use of the Site. This Privacy Policy does not apply to information that is not included in the definition of “personal information” in applicable privacy statutes.

All employees and those working on behalf of Lendesk are responsible for following this Privacy Policy. Lendesk will not sell your information to others. Lendesk also has a Privacy Officer who is responsible for overseeing Lendesk’s compliance with this Privacy Policy.

Please see “Contacting Us” for information on how to contact Lendesk’s Privacy Officer.

2. Collection, Use and Disclosure of Client Information and Personal Information

Collection

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:

  • Register to use the Site; or
  • Contact Lendesk.

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.

Uses

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 shall ensure that the use and disclosure of client information and personal information that it receives from you is limited to the purposes described in this Privacy Policy, your agreements with Lendesk, and as required by law.

Lendesk may also use client information and personal information to:

  • identify you when you log in to your account;
  • enable us to provide our services to you;
  • verify transactions you make and for billing, security, and authentication;
  • analyze the Site, or the other services and information about our visitors, including research into our user demographics and user behaviour in order to improve our content and services;
  • aggregate (non-identifiable) statistics about users of our services to prospective partners.

(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

Some of Lendesk’s service providers, agents and suppliers may be located outside of the country in which you are located. While personal information and client information will be subject to the laws of such jurisdictions, Lendesk’s policies require that information processed, stored or used by service providers, agents and suppliers are always subject to the protections described in this Privacy Policy. Your personal information and client information will not be disclosed to third parties except with your consent or as set out in this Privacy Policy.

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.

Except as described in this Privacy Policy, Lendesk will not disclose the client information personal information you provide to Lendesk to non-Lendesk affiliates, partners or third parties without your permission, unless to: (i) respond to duly authorized information requests of law enforcement and governmental authorities; (ii) comply with any law, regulation, subpoena or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of Lendesk or its affiliates; (iv) protect the personal safety of Lendesk employees, customers or third parties; (v) assist in collecting any debt owed by you to Lendesk; or (vi) other such disclosures that are authorized, permitted or required under applicable law.

If all or part of Lendesk assets are sold or financed or if Lendesk were to merge with another company, client information and personal information in possession of Lendesk could be disclosed to the lender, buyer or merging entity, provided such client information and personal information were to be used in strict compliance with this Privacy Policy.

3. Retention and Security

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.

4. Your Choices

How Lendesk Obtains Your Consent

You provide your express consent to the collection, use and disclosure of personal information and the use and disclosure of client information in accordance with this Privacy Policy when you voluntarily provide the requested information. You provide your implied consent to the use of automatic data collection tools by your continued use of the Site. In some instances, the law permits Lendesk to collect, use and disclose personal information obtained from public sources without your consent. If Lendesk obtains information from third parties other than such public sources, Lendesk requires those third parties to confirm that they have your consent to disclose your personal information for use by Lendesk.

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.

5. Changes to This Policy

Lendesk may revise this Privacy Policy from time to time. If Lendesk revises this Privacy Policy, Lendesk will post a link to the revised Privacy Policy in its entirety on www.lenderspotlight.ca to include an updated revision date. Lendesk may also notify you by other means such as sending an e-mail or posting a notice.

6. Contacting Us

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