Privacy Policy

In this Privacy Policy, “personal information” means information that is gathered in connection with an application, pre-approval, request for information for a mortgage loan(s) and insurance or other products offered through the brokerage and is provided to, or collected by, the brokerage and its staff or by the Brokerage’s agents, associates, and affiliates on the brokerage’s behalf.

Simpligo Collects Personal Information

Simpligo collects and uses personal information for the following purposes:

Providing 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 the brokerage or its affiliates that may be of interest to the client;

Checking client creditworthiness through credit report inquiry and personal information agents who have information on a client’s financial position;

Advising clients of financial options, as well as ongoing developments within the mortgage market and industry;

Auditing the services provided to our clients;

Ensuring compliance with all municipal, provincial, federal and other applicable laws; and

Such other specific purposes which are communicated to the client by a member of the brokerage 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 identified, we will take all reasonable steps to ensure that new purpose is identified prior to use.

The client is our main source of information. With the client’s consent, we may also obtain information directly from a third party to help us determine eligibility for various financial products and services. For credit matters, for example, it is essential that we know the client’s financial status as well as their credit record. We will also contact other lenders, financial institutions, credit reporting agencies and employers, as appropriate for the transaction. In most cases, consent is given on the forms used for specific products or, from time to time, on a separate form. The declaration of consent is clear.

Simpligo strives to ensure that a client’s personal and all information gathered is as accurate, complete, and up-to-date as necessary for the purposes for which it is used.

A clients’ provision of personal information to Simpligo means that they agree and consent that the brokerage can collect, use and disclose such personal information in compliance with this Privacy Policy. The Brokerage will not collect, use or disclose a client’s personal information without the client’s requisite 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.

The most common method we use to obtain a client’s consent is by way of signatures on the application and consent document.

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 subsequent withdrawal of, his or her consent may affect the brokerages ability to provide the client with mortgage services; a member of the brokerage will inform the client of the implications of such withdrawal. Consent withdrawals should be sent to the Compliance/Privacy Officer in writing at:

Attn: Compliance/Privacy Officer

Simpligo

173 2nd Dug Hill Rd, Trenton, ON K8V 5P7

Phone: 1 (866) 394-5810, Email: info@craignickerson.com

We will use a client’s personal information for the following:

To provide financial advice and services to the client;

To administer our database;

To include clients in direct marketing activities (subject to consent under CASL); and

For the other uses described above under section 6.1.2 Why Simpligo Collects Personal Information.

Under certain circumstances, Simpligo may disclose personal information where:

Required or authorized by law to do so, for example if a court issues a subpoena;

The client has consented to the disclosure;

When mortgage services by Simpligo are provided to a client requiring us to give personal information about a client to a third party (for example, to a lender in a real estate mortgage transaction) the client’s consent will be implied, unless the client tells us otherwise;

Where it is necessary to access a credit report for purposes of processing a mortgage transaction;

In cases where Simpligo engages a third party to provide administrative or support services, such as technology services, shredding or archival file storage, and only when the third party contract commits to the adherence of this privacy policy;

For the protection of Simpligo’s best interests and/or protection of public interests such as the denouncement of criminal activities including, but not limited to, fraud or money laundering. In all such cases, authorities will be contacted and personal information may be disclosed;

If Simpligo retains legal representation to act on its behalf for any reason; or if the information is already publicly known.

Simpligo endeavors to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of clients’ personal information in the care of the brokerage. Simpligo uses various methods to safeguard personal information, including physical security, computer and electronic security, destruction of information no longer needed, and contractual protections with third party data processors.

Simpligo is responsible for the personal information under its control and has appointed a Compliance/Privacy Officer to oversee our efforts to comply in all material respects with applicable privacy legislation and the terms of this privacy policy.

Simpligo will promptly, without charge, return deeds, instruments or other documents to their owner when requested in writing to do so by the Superintendent, the owner or the owner’s agent.^[1] Simpligo will provide a client access to their personal information as provided for under Principle 4.9 – Individual Access of Schedule 1 (Section 5) of PIPEDA^[2]. The client may correct or amend any inaccuracies with their information. The brokerage may refuse^[3] a request for access to personal information if:

The information is protected by legal privilege;

Granting access would reveal confidential commercial information or reveal personal information about another individual;

The information was collected for purposes related to the detection and prevention of fraud;

The information was generated in the course of a formal dispute resolution process;

The request is meant to be an annoyance or frivolous.

Simpligo will, from time to time, review and revisit privacy practices and this Privacy Policy.

Our website may contain links to other sites, which are not governed by this Privacy Policy. On our website, like most other commercial 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

Simpligo

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 email. Our emails are sent with industry standard encryption and security. Such encryption however, does not guarantee privacy and security as encrypted messages can nonetheless be subject to interception and translation. If clients do not wish us to communicate by email, they may speak with the broker or agent handling the matter about alternative arrangements or they may contact the Compliance/Privacy Officer in writing at:

Attn: Compliance/Privacy Officer

Simpligo

173 2nd Dug Hill Rd, Trenton, ON K8V 5P7

Phone: 1 (866) 394-5810, Email: info@craignickerson.com

Apart from regular communication with respect to specific transactions, Simpligo and its staff wishes to maintain open communication with all of our clients. The primary method for this communication is email, but may include text, sound, voice or image message. Examples of this type of communication include, but are not limited to, informational newsletters, notifications about blog posts or website articles, information about market trends, etc. As some of these messages may encourage you to engage in a commercial activity, they may defined as commercial electronic messages (CEMs) under Canada’s Anti Spam Law (CASL). As such, we will request your express consent to receive such communications. Simpligo is committed to respecting your rights under CASL; your consent may be withdrawn at any time^[4].

All brokerage staff and affiliates will take reasonable steps to protect personal data supplied by clients. All original documentation will be kept in secure premises not accessible to the public. Once a file is complete, any un-required documentation will be returned to the client immediately or confidentially destroyed.

It should be noted that all client information is the property of Simpligo Although brokers and agents may retain data for communication and/or marketing purposes, this is provided for only under the client’s authorization provided to Simpligo While the relationship is between the client and the individual broker/agent, the client information is the responsibility and property of only the client, and the brokerage to whom the client provided the information/gave consent. Client information may not be retained, accessed or used by any individual no longer authorized to deal or trade in mortgages on behalf of Simpligo unless separate consent was provided by the client to the individual him/herself.

All documentation, whether stored in hardcopy or electronic format, shall not be left unattended in public areas. The information must be protected from those individuals not connected to the brokerage, by two locks. This could mean two key locks for hardcopy, or two passwords for computers containing client files, or any combination of key locks and passwords.

As required by regulation^[5], Simpligo will retain complete and accurate records of the following:

Financial records of the brokerage’s licensed activities in Ontario.

Every mortgage application, mortgage instrument and mortgage renewal agreement received or arranged by the brokerage.

Every other agreement entered into by the brokerage in the course of dealing or trading in mortgages or in the course of mortgage lending.

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.

All records will be securely stored electronicallyfor a minimum of six (6) years after the expiry of the term of the mortgage or renewal, or other expiry of the mortgage transaction^[6]. For records that do not lead to a mortgage, renewal or otherwise completed transaction, the records will be retained for a minimum of six (6) years.

While the method of storage is primarily digital, any physical records will be maintained at the principal place of business in Ontario, or an alternate location upon receiving written approval from the Superintendent. Any physical records originated at any other locations will be forwarded to the principal place of business for secure retention.^[7]

[1] O. Reg. 188/08 s. 17(2), Duty to return certain documents

[2] Personal Information Protection and Electronic Documents Act - S.C. 2000, c. 5  (PIPEDA), SCHEDULE 1: Principles Set Out in the National Standard of Canada Entitled Model Code for the Protection of Personal Information, CAN/CSA-Q830-96

[3] PIPEDA s. 9(3) When access may be refused

[4] Additional information available at http://fightspam.gc.ca/, https://mortgageproscan.ca/en/site/doc/40702, and Part 5

[5] O. Reg. 188/08 s. 46, Required records

[6] O. Reg. 188/08 s. 48(1), (2), (3), Records retention

[7] O. Reg. 188/08 s. 48(4), (5), Records retention