Privacy Policy

PURPOSE & SCOPE

The purpose of this Privacy Policy (the “Policy”) is to inform you of the personal information that PHL Capital Corp., and any of its parents, subsidiaries, and affiliates, including but not limited to PHL Financial Group Ltd., MortEq Lending Corp., Oakhill Lending Corp. (collectively referred to as “PHL”, “we”, “our” or “us”) may collect from you when visiting or using the website located at phlcapital.com (the “Website”), and how we may use and/or disclose that information.

PHL is committed to protecting your privacy and will manage your personal information in accordance with the British Columbia Personal Information Protection Act and any other  applicable provincial and federal legislation.

By using the Website you consent to the data practices described in this Policy which may change at any time.

COLLECTION AND USE OF PERSONAL INFORMATION

PHL collects Personal Information to provide you with the information or service that you have requested. This includes Personal Information collected during the completion and submission of information or application forms, such as the Investor Information Form, Corporate Investor Information Form, and the Mortgage Application.

Personal Information collected may include:

  • Name
  • Contact information (e.g. home address, work address, email address, and telephone number)
  • Date of birth
  • Social Insurance Number
  • Driver’s license number, or other similar identification documents
  • Financial information (e.g. bank account number, annual income, real estate income and assets, and debts and liabilities)
  • Marital status
  • Employment information
  • Personal information about your beneficiary and/or co-applicant (if applicable)

Collectively, any identifiable information we collect about you is referred to as “Personal Information”.

AUTOMATICALLY COLLECTED INFORMATION

PHL automatically collects non-personally identifiable information from visitors to the Website, such as:

  • Web browser and operating system
  • Date and time of visit
  • Sections of the Website visited
  • Pages read, images viewed, and links clicked
  • Content downloaded
  • Referring URL, and other websites visited recently
  • IP address and computer location

Non-personally identifiable information collected by your use of the Website is used to enable us to understand our Website’s activity and to improve and monitor our Website. We use this data in aggregate form to understand Website traffic and improve user experience. This on-personally identifiable information may be shared with web analytics companies like Google Analytics.

COOKIES

Our Website uses “cookies” to track user activity and enhance visit experience. Cookies enable our Website to save and retrieve information that you enter. You can disable cookies through your internet browser settings, provided however that doing so may affect your access to certain pages and may impact your general usability of the Website.

PURPOSES OF COLLECTING PERSONAL INFORMATION

Except as otherwise authorized by law, we collect, use, and disclose only the Personal Information that we need for the purposes of, and related to, providing products and services to our customers and clients. PHL may use the Personal Information collected for:

  • Contacting and corresponding with you regarding Website use
  • Verifying your identity and for fraud prevention
  • Verifying your creditworthiness
  • Determining eligibility for investment and mortgage products and services
  • Managing automatic payments
  • Servicing your investments and/or mortgage
  • Paying returns on investments
  • Enforcing and collecting on loans
  • Sending information about PHL products, services, and events
  • General marketing activities
  • General customer service and customer relationship management purposes
  • Responding to requests and inquiries
  • Processing suggestions and comments
  • Administering and protecting the Website
  • Investigating client complaints
  • Enforcing Website terms of use
  • Meeting legal and regulatory requirements

CONSENT

By accessing and continuing to use the Website, you acknowledge and agree to this Policy and consent to the collection, use, and disclosure of your Personal Information in accordance with this Policy. We collect Personal Information when you provide us with Personal Information to complete a transaction, or when you use our Website or services, including when you participate in activities such as opening or responding to emails, contacting us, or completing applications and other forms.

You provide implicit consent where our purpose for collecting, using, or disclosing Personal Information would be considered obvious and reasonable in the circumstances.

We may collect, use, or disclose Personal Information without your consent:

  • As outlined in sections of this Policy with respect to legal and compliance, service providers and other third parties, and in a sale of our business;
  • When permitted or required by law;
  • In an emergency that threatens an individual’s life, health, or personal security;
  • When the Personal Information is available from a public source;
  • When we require legal advice from a lawyer;
  • For the purposes of collecting a debt or protection from fraud; and
  • Any other legally established reasons.

By submitting your Personal Information to us, you have consented to our use and disclosure of your Personal Information for the purposes as outlined in this Policy. If we wish to use or disclose your Personal Information other than as described in this Policy, we will obtain your express consent before doing so.

If you prefer that we do not use or disclose your Personal Information for any of these purposes, you may notify us in writing at any time. If you do not notify us, we will consider you to have consented to our continued use and disclosure of your Personal Information in accordance with this Policy. A notification to not use or disclose your Personal Information for certain purposes may affect our ability to provide you with our services.

DISCLOSURE OF PERSONAL INFORMATION

We will not disclose, trade, sell, or otherwise transfer your Personal Information without your consent, except as outlined in this Policy. Disclosure may occur, as outlined below, and includes when using Canadian and foreign third party service providers (e.g. Mailchimp and Google Cloud), when sharing with third party trustees for account administration, and when required by law or authorized entities (e.g. subpoenas and legal investigations).

Legal and Compliance: PHL and its Canadian and foreign service providers may provide your Personal Information in response to a search warrant or other legally valid order, investigation, or inquiry to another organization for the purposes of investigating any breaches of an agreement, violation of a law, or detecting, preventing or suppressing fraud, or as otherwise permitted by applicable Canadian or other foreign laws. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to prevent or investigate loss or harm to persons or property.

Service Providers and Other Third Parties: PHL may disclose, transfer, or otherwise make available your Personal Information to third-party service providers, contractors, or affiliates, who provide services on our behalf. These third parties will have access only to the limited information required to perform their services and are obligated to protect your information in accordance with PHL’s standards and policies, and legal and regulatory requirements.

Your Personal Information may be maintained and processed by us, our affiliates, and other third party service providers and contractors in Canada, or other foreign jurisdictions. In the event that any Personal Information is transferred to other foreign jurisdictions, it will be subject to the laws of that country and may be disclosed or accessed by their respective courts of law (or related parties), local law enforcement, and governmental authorities in accordance with their laws. Personal Information shared with third parties will be used in accordance with such third party’s own privacy practices we do not have control over. We are not responsible for the use, or misuse, of your Personal Information by any third parties.

We may share any Personal Information we have collected about you, or that you have submitted:

  • When you explicitly consent to the disclosure of such information to a third party;
  • When connecting to a third party service that asks you if you consent to such sharing;
  • To third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase the functionality of our Website and services;
  • To a parent company, subsidiaries, joint venture, affiliates, or other companies under common control of ours;
  • If this information is not private, is aggregated, or is otherwise non-personal information such as your public user profile information and related public data;
  • To submit quotes or proposals to prospective customers, clients, or investors;
  • To explore and/or undertake corporate opportunities, including a merger, acquisition, amalgamation, IPO, reorganization or sale, including the due diligence process, and the transfer of information through to closing of any such transaction; or
  • As required by law.

Sale of Business: Personal Information may be provided to third parties in connection with a prospective or completed business transaction, including a sale or merger (including transfers made as part of bankruptcy proceedings or insolvency) including all or part of PHL Capital Corp., including its affiliates, or as part of a corporate reorganization, or stock sale, or additional or other changes in corporate control.

SAFEKEEPING YOUR PERSONAL INFORMATION

PHL employs security measures to protect against unauthorized access, collection, use, disclosure, and disposal of personal information. Employees with access to Personal Information are required to respect the confidentiality of such information. PHL is not liable for security practices of external websites linked to our site.

We are committed to ensuring the security of your Personal Information and user content. We use industry standard physical, electronic, and organizational safeguards to protect your user information against loss or theft as well as unauthorized access and disclosure to protect your privacy. We use passwords, encryption, firewalls, restricted employee access and/or other methods, at our discretion.

We will use appropriate security measures when destroying your Personal Information and user content such as deleting electronically stored information, at our discretion. The security of your Personal Information and user content is important to us, and we employ many different security techniques to protect such data from unauthorized access by users inside and outside PHL. However, “perfect security” does not exist and that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information and user content, we cannot guarantee its absolute security.

RETENTION, ACCESS AND CORRECTION

We retain your Personal Information for the time necessary to fulfill the identified purposes, or a legal or business purpose. We will make reasonable efforts to ensure that your Personal Information is accurate and complete.

You have the right to access and correct personal information in PHL’s custody or control. You may request correction of your Personal Information to ensure its accuracy and completeness. Requests must be in writing and should be detailed to enable identification of the information sought or correction requested. PHL may charge a reasonable fee for access requests and will endeavor to respond within 30 days or provide notice of an extension. Denials of access will include reasons and resources for redress.

INFORMATION ABOUT OUR WEBSITE

Behavioral Marketing: We may use remarketing services to advertise on third party websites to you after you visited our Services. We, and our third party vendors, use cookies to inform, optimize, and serve ads based on your past visits to our Website and related services. In certain circumstances, your implied consent to our accessing, using or disclosing your Personal Information may be provided if you do not instruct your web browser to refuse all cookies, or to indicate when a cookie is sent, or if you do not opt out of Google Analytics or other services, including Google and Meta:

Google: Google AdWords remarketing service is provided by Google Inc. To opt out please visit the Google Ads Settings page: http://www.google.com/settings/ads. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Meta: Facebook remarketing service is provided by Meta Platforms, Inc. (o/a Facebook). You can learn more about interest-based advertising from Meta/Facebook by visiting this page: https://www.facebook.com/help. To opt out please visit the Facebook website.  Meta/Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ (or other jurisdiction, if applicable), opt-out using your mobile device settings. For more information on the privacy practices of Meta/Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

International Transfer: Your information, including Personal Information, may be transferred to – and maintained on – computers and servers located outside of your province, country, or other governmental jurisdiction, and where the data protection laws may differ from those from your jurisdiction.

Links to Other Websites: Our Website and related services may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s website. We strongly advise you to review the Privacy Policy of every website you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.

QUESTIONS & COMPLAINTS

For questions or complaints regarding this Policy or PHL’s privacy practices, contact the PHL Privacy Officer (or authorized representative) by:

Mail: 316 – 5455 152 St., Surrey, BC V3S 5A5  
Telephone: 604-579-0849  
Email: [email protected]

Concerns not resolved to your satisfaction may be reviewed by the Office of the Information and Privacy Commissioner for British Columbia (or may be directed to the appropriate contact in another jurisdiction, if applicable):

Office of the Information and Privacy Commissioner for British Columbia  
PO Box 9038 Stn. Prov. Govt., Victoria B.C. V8W 9A4  
Telephone: (250) 387-5629
CHANGES AND REVISIONS TO THIS POLICY

PHL may update this Policy periodically by posting a new version on the Website. The collection, use, disclosure, and retention of your personal information will be governed by the version in effect at that time. Please review this Policy periodically.

OPT OUT

If you desire to opt out from being contacted by PHL, please contact us through our website, or email [email protected].