OZ Capital | Privacy Policy

TERMS OF SERVICE

When we refer to our “Services,” we mean all products and services owned and operated by DLC OZ Capital or any of its affiliated companies, including the content, features, tools, data, software and functions made available by DLC OZ Capital through our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As part of our Services, we may provide other services or features that are not yet available. We are constantly working on adding new features to enhance your ability to manage your personal financial health.

To that end, we reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services are subject to additional terms and conditions (“Additional Terms”), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.

Territorial Restrictions: We offer our Services in Ontario only and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions outside of Ontario, Canada. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

COLLECTION AND
USE OF PERSONAL INFORMATION

We take pride in the policies and procedures used to protect the personal information collected and maintained on behalf of clients. Access to personal information is granted to us in compliance with the various Personal Information Protection Laws.

To better understand your financial needs and make you aware of new services that could help you reach your goals, we collect personal information from a variety of sources. Some personal information and some reasons for its collection include, but is not limited to:

Your data such as name, address, contact numbers, email contact, age, citizenship and income.
Your information from a consumer reporting agency or other source, which may include account information and/or information about your creditworthiness. We use this information to provide your pre-qualification.

We collect this information in order to provide the services you have requested, and to help us determine how we or other non-affiliated entities may be of service to you.

GUIDELINES FOR DISCLOSURE OF INFORMATION

We may provide information to credit bureau agencies, financial institutions, insurers, private investors, creditor life company etc.
We shall use the information to determine your financial situation for purposes related to services that you have requested from DLC OZ Capital. We may also provide the information to others that work for us, including affiliated entities and business partners, but only as needed for the provision of those services.
We may use your information to promote DLC OZ Capital products and services to you.

We will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual(s) or as required by law. Files are kept a minimum of three (3) years.

ONGOING COMMITMENT

Confidentiality is the key to a strong relationship, and we are committed to protecting your privacy. The DLC OZ Capital privacy policy remains applicable at all times.

PRE-QUALIFICATION CONDITIONS

Please note that a DLC OZ Capital pre-qualification certificate is valid for 120 days following its issue date, and is subject to the following conditions:

The accuracy of the information you have provided;
Maintaining the quality of your current credit report (for example, no default or late payments);
The lenders and insurers current underwriting policies and ratios do not change. These policies and ratios can change at any moment, specifically if the mortgage industry is imposed changes by the Canadian regulators;
Current premiums for mortgage loan insurers remain in effect (at CMHC, Genworth and Canada Guaranty);
There are no changes to the borrower’s down payment, employment/income, and/or increase in debt.
The qualifying rate in effect at the time of completing the form does not change (calculations are based on a 25-year amortization for a single-family home);
No interest rate is guaranteed, unless a separate mortgage pre-approval application is submitted and accepted by a mortgage lender. Please note that you may change the terms of your mortgage pre-approval when your Purchase & Sale Agreement is accepted;
The pre-qualification exercise takes into account the mortgage underwriting policies and ratios of the major lenders with which DLC deals with and the Canadian mortgage rules and regulations currently in effect. No interest rate is guaranteed at this stage;
A DLC OZ Capital pre-qualification amount is based on the applicant(s) borrowing capacity, credit information, approved credit, including credit scores and excludes any property information. The property type, its value estimate and its location could affect the lender’s decision to approve the loan requested as well as the maximum loan amount. The credit information used to provide this pre-qualification amount may not be the same as the information that will be used by your broker to submit a mortgage application;
This pre-qualification amount is intended to accelerate the initial phase of your home buying process. It simply gives you a good idea of how much you can afford when purchasing a property, it cannot be considered as a lender pre-approval and cannot be used to meet any conditions relating to a Purchase & Sale Agreement;
In all cases, a meeting with your DLC OZ Capital mortgage broker or agent is required for expert advice on the most appropriate financing options available for you.

CREDIT BUREAU CONSENT (WITHOUT ANY IMPACT ON YOUR CREDIT SCORE)

You or each of you undersigned declare the information provided is a true and complete representation. You understand that it is being used to provide the pre-qualification from DLC OZ Capital. You also authorize us to obtain credit information (without any impact on my credit score) for the purpose of providing the pre-qualification that you have requested.

CANADA ANTI-SPAM LEGISLATION

We and our business partners will keep in touch with you via electronic messaging to provide the requested services and we may also occasionally communicate with you to provide insightful information on DLC OZ Capital products and services, on mortgages, finances and etc. as permitted by the Canada Anti-Spam Legislation. By clicking “I Agree”, you agree to all such communications. Please take note that you can unsubscribe at any time. All of our electronic communications include an unsubscribe mechanism.

DISCLAIMERS

WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, LEGAL OR IMPLIED. DLC OZ CAPITAL, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, RELATING TO OUR SERVICES, OR OUR CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, CUSTOM OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING DLC OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.

YOU ACKNOWLEDGE THAT DLC OZ CAPITAL IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR BUSINESS PARTNERS WHOSE OFFERS WE PRESENT. DLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

DLC OZ CAPITAL AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE “DLC OZ CAPITAL PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OUR CONTENT OR THE COMMUNITY CONTENT.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE DLC PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE DLC OZ CAPITAL PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW AND VENUE

To the extent not prohibited by applicable laws, the Agreement is governed by the laws of the Province of Ontario, excluding conflicts of law provisions, and the federal laws of Canada applicable therein. To the extent not prohibited by applicable law, all claims arising out of or in any way related to the Agreement or our Services will be submitted to the non-exclusive jurisdiction of the court of competent jurisdiction in Ontario and you and DLC OZ Capital submit to personal jurisdiction in those courts.

ENTIRE AGREEMENT

The terms of the Agreement (including the Privacy Policy or any additional terms) constitute the entire and exclusive agreement between DLC OZ Capital and you in connection with your use of our Services or our Content.

CHANGES TO THE AGREEMENT

We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Policy or any Additional Terms, you are agreeing to the Agreement as modified.

WAIVER ONLY IN WRITING

DLC OZ Capital’s failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit DLC OZ Capital’s rights with respect to that breach or any subsequent breaches. No waiver by DLC OZ Capital of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of DLC OZ Capital.

ASSIGNMENT

DLC OZ Capital may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

PRIVACY POLICY — SCOPE

This policy applies to Dominion Lending Centres OZ Capital and its affiliates (“we”, “us” or “our”), and describes how we collect, use and disclose personal information.

This Privacy Policy applies to personal information we collect, whether through our websites, through mortgage pre-qualifications or inquiries submitted to us, or otherwise. The term “personal information” means information about an identifiable individual, subject to more particular definitions or interpretations under applicable law. Personal information generally includes the name, address, email address, and financial information relating to an individual, but generally does not include business contact information.

This Privacy Notice does not apply to personal information about employees or other temporary or permanent staff, consultants or other individuals assigned to us, or to any information that is not “personal information” as defined in or interpreted under applicable law.

OUR COMMITMENT

We are committed to protecting personal information and collecting, using and disclosing personal information only in accordance with applicable privacy legislation.

CONSENT

We collect, use and disclose your personal information with your consent (which may be express or implied) or as required or permitted by law. By providing us with your personal information (whether through our websites or otherwise), you consent to our collection, use and disclosure of that personal information in accordance with this policy. Subject to legal and contractual requirements and upon reasonable notice, you may withdraw your consent to our further collection, use and disclosure of your personal information by contacting our privacy officer at the address provided below. If you refuse or withdraw consent, we may be unable to provide you with certain products, services or information.

NATURE OF COLLECTION

We collect personal information, wherever appropriate, directly from you or from interactions with you, but may where necessary collect personal information from other sources, such as the mortgage brokers and agents in our network, and from consumer reporting agencies, credit bureaus, financial institutions and real estate appraisers. The personal information we collect may include your name, address, email address, financial information, credit history and other information relevant to our provision of products and services to you, or that is relevant to a mortgage pre-qualification or inquiry you have submitted to us, either directly or through one of the mortgage brokers or agents in our network. We limit our collection of your personal information to the information that is necessary to fulfill the purposes we identify to you or as otherwise required or permitted by law.

OUR PURPOSES FOR COLLECTION, USE AND DISCLOSURE

We collect, use and disclose your personal information so we can:

provide products and services to you;
process mortgage pre-qualifications and inquiries you submit to us, either directly or through one of the mortgage brokers or agents in our network;
facilitate your relationship and business dealings with the mortgage brokers and agents in our network, and with users of our products and services;
understand and respond to your needs and preferences, including recommending particular products and services to meet your needs;
develop, market, sell or otherwise provide our products and services;
establish and maintain a commercial relationship with you, including to establish your identity and to fulfill contractual obligations;
obtain credit information, if you are applying for credit or a mortgage;
process payments in connection with your purchase of our products and services;
develop, manage and improve our business and operations;
protect us from error, breach of contract, negligence, fraud and illegal activity;
engage in business transactions, including a purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization of financing involving us or a part of our business;
prevent, discover and investigate violations of this privacy policy or any terms of service or terms of use, and to investigate fraud and other matters; and
comply with legal or regulatory requirements or provisions.

If we need your personal information for any other purpose, we will identify that purpose and obtain your consent if required by law.

DISCLOSURE OF PERSONAL INFORMATION

Our policy is that we will not disclose or sell your personal information without your consent, except as otherwise set out herein, or as permitted or required by law.

If you submit a mortgage pre-qualification or inquiry to us, either directly or through our website or one of the mortgage brokers or agents in our network, we may disclose your personal information to third parties, such as lenders, insurers, credit reporting agencies, and to our brokers, agents and their respective affiliates, for the purpose of processing your application or inquiry.

From time to time, we may disclose your personal information to service providers retained by us to perform functions on our behalf or provide services to us, including third party software providers, payment processors and hosting services.

We may perform data analytics on your personal information and generate reports, statistics and information using your personal information, which we may publish (but only in anonymized and aggregated form).

Any personal information may also be transferred or disclosed to a purchaser or prospective purchaser in the event of a sale, assignment, or other transfer of all or a portion of our business or assets. Should such a transfer occur, we will use reasonable efforts to try to ensure that the transferee uses your information in a manner that is consistent with this Privacy Policy.

We may also disclose your personal information to other third parties where you consent to the disclosure or where disclosure is required or permitted by law.

STORING OF PERSONAL INFORMATION

Your personal information is stored either at our premises or the premises of our direct or indirect service providers. We only retain your personal information as long as it is required for the reasons it was collected or to comply with legal requirements.

LOCATION

We and our service providers may store or process your personal information in Canada, and to the extent permitted by applicable law, may also store or process your personal information in the United States or in other jurisdictions. Personal information that is stored or processed in foreign jurisdictions may be subject to different legal requirements and laws than those applicable in Canada.

LEGAL

We and our service providers may disclose your personal information in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law. We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims, or as otherwise permitted by law.

INFORMATION COLLECTED THROUGH YOUR USAGE OF OUR WEBSITES AND SOFTWARE APPLICATIONS

Like many other companies, we use various technologies to collect information and track your activity when you visit our websites and use our software applications. For example, we may use cookies (small files sent to your browser to store information) or web beacons (invisible images placed on certain pages of our websites) to collect personal information about your use of our websites. We may also collect analytics and information relating to your usage of our websites and software applications such as your IP address, the browser, device and operating system that you are using, the URL that referred you to the website, your physical location, the areas of the websites and software applications that you visit, the extent and nature of your usage and the time of day that you access the websites and use the software applications.

The information we collect allows us to track your activities across our various websites and software applications and to improve your user experience and the functionality of our websites and software applications. We may also use this information to market specific products or services to you, or to customize the websites and software applications for you. We may also use this information to create aggregated and anonymized information to determine which features are most popular and useful to users, and for other statistical purposes.

SAFEGUARDS

We protect your personal information in our custody and control from loss, misuse, unauthorized access and alteration by using reasonable physical, organizational and technological security measures.

To the extent we have arrangements with service providers to store or process personal information on our behalf, our policy is to require them by contractual or other means to provide comparable protection while the information is stored or processed by them. However, these service providers may have privacy policies of their own.

While we believe these safeguards are reasonable and are comparable to the safeguard provided by providers of similar services, we cannot guarantee that they will be sufficient to protect the privacy and security of your personal information in all circumstances.

ACCESS, CORRECTION, INQUIRIES AND COMPLAINTS

If you wish to access or correct your personal information in our custody or control or ask a question or make a complaint about our personal information practices under this policy, please contact:

PRIVACY OFFICER

Dominion Lending Centres OZ Capital
Customer Questions 11-201 Spinnaker Way
Concord, Ontario, L4K 4C6 Telephone: 905-532-9288

CHANGES

This policy may be revised from time-to-time. We recommend that you review this policy frequently to obtain the current version, and to ensure that you are aware of and accept any changes made. You may contact us at the address, email address or telephone number above to obtain a current copy of this privacy policy.

COMPLIANCE WITH CANADIAN ANTI-SPAM LEGISLATION

Canada’s new Anti-Spam Legislation (CASL) came into effect on July 1, 2014. Under this new legislation, we are required to obtain your consent in order to send you email communication about latest mortgage news, events, products and services. If you have any questions, please contact us.