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., and 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”). In addition, we may collect and use your data to fulfill requests, process applications, or do so as you’ve authorized, we’ve disclosed to you, or we’ve otherwise agreed to. This Policy also sets out how we may use and/or disclose such information.

Your Personal Information may be shared with third parties, as required by law or for legal purposes. All data is securely stored with restricted access.

PHL is committed to protecting your privacy and will manage your Personal Information in accordance with the British Columbia Personal Information Protection Act, which governs the collection, use, disclosure, and management of Personal Information by PHL in the course of its activities within British Columbia, and any other applicable provincial and federal legislation.

By using the Website, or by contacting PHL directly, or indirectly, with respect to the provision of PHL’s services, you consent to the data practices described in this Policy, which may change at any time.

This Policy generally applies to Personal Information we collect, use, and disclose in the course of our business activities, including but not limited to mortgage lending, brokering, administration, and investment activities in British Columbia and other Canadian jurisdictions where we carry on business. We do not carry on business in Quebec, do not offer our products or services to residents of Quebec, and do not knowingly collect Personal Information from individuals residing in Quebec. If you are a resident of Quebec, please do not submit an application or Personal Information to us. If we learn that we have inadvertently collected personal information from a Quebec resident, we will securely delete it, subject to any legal retention obligations.

CHANGES AND REVISIONS TO THIS POLICY

PHL may update this Policy periodically by posting a new version on the Website, available at https://phlcapital.com/privacy-policy/. 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.

CONTACT INFORMATION

Questions

If you have any questions about how your Personal Information is handled or wish to request your Personal Information under our care and control, please contact PHL:

Attn: Chief Compliance Officer
PHL Capital Corp., #316, 5455 152 St., Surrey, BC, V3S 5A5
Email: [email protected]

The Chief Compliance Officer acts as Privacy Officer on behalf of PHL. PHL is owner and data controller with respect to this Policy. Please note that PHL will try to collect Personal Information directly from your or your appointed agent or representative. We may also collect personal information from publicly available sources. We will only collect Personal Information necessary for the purposes stated in the section titled “Purposes of Collecting Personal Information”. Such information may be shared with third parties to facilitate your transaction.

COLLECTION AND USE OF PERSONAL INFORMATION

PHL collects Personal Information to provide you with the information or service that you have requested. This includes, without limitation, Personal Information collected during the completion and submission of information or application forms, such as the Investor Information Form, Mortgage Application, as well as through online Website submissions, and email inquiries.

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(s), 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”.

PHL may also collect non-personally identifiable information.

AUTOMATICALLY COLLECTED INFORMATION

PHL automatically collects non-personally identifiable information from visitors to this Website, including:

  • Web browser and operating system
  • Date and time of visit
  • 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 to improve user experience. This non-personally identifiable information may be shared with web analytics companies such as Google Analytics.

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 current and prospective customers and clients. PHL may use the Personal information collected for the following purposes:

  • 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
  • Obtaining and evaluating credit reports and scores
  • Arranging, underwriting, funding, and administering mortgage loans
  • Securing mortgage default insurance, where required
  • Verifying employment, income, and down payment sources
  • Managing automatic payments, collecting payments, and enforcing our agreements
  • Consideration of, and arranging of, investment opportunities
  • Servicing your investments and/or mortgage
  • Paying returns on investments
  • Enforcing and collecting on loans
  • Sending information and informing you 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
  • Complying with legal and regulatory requirements, including anti-money laundering requirements

If we identify a new purpose after collection, we will obtain your consent before using your information for that purpose, unless the use is required or permitted by law.

LIMITING COLLECTION

We limit the collection of Personal Information to what is necessary for the purposes we have identified. We collect information by fair and lawful means, primarily directed from you, directly, or indirectly through your representatives or agents, through applications, supporting documents, and communications, and from third parties you have authorized. We do not collect more information than the transaction, and applicable law, require.

LIMITING USE, DISCLOSURE AND RETENTION

We use and disclose your Personal Information only for the purposes for which it was collected, or as we’ve described herein, or a legal or business purpose, unless you consent otherwise or the law requires or permits it. We may disclose information to third parties, including, without limitation, credit reporting agencies; mortgage lenders considering or funding your mortgage loan application; mortgage default insurers; appraisers; lawyers; our services providers; regulators; and other parties as required by law.

We retain Personal Information only as long as necessary to fulfill the identified purposes and to meet legal and regulatory retention requirements. Information which is no longer required is securely destroyed, erased, or anonymized.

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. You further consent to the collection, use, and disclosure of your Personal Information in accordance with this Policy, when contacting PHL with respect to services, and through applications, supporting documents, and communications, as well as through third parties you have authorized to contact PHL on your behalf. 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.

ACCURACY, CORRECTION AND ACCESS

We take reasonable steps to keep your Personal Information accurate, complete, and up-to-date as necessary for the purposes for which it will be used, particularly when the information is used to make decisions about you (i.e. underwriting decisions), or disclosed to third parties such as lenders, insurers, or credit bureaus. We rely on you to provide accurate information and to notify us of changes to your circumstances, including changes to your contact information, employment, or financial situation. If you believe any information we hold about you is inaccurate or incomplete, you may request an update or correction by contacting [email protected]. Where appropriate, we will amend the information and transmit the corrected or updated information to third parties who have access to it.

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. We may contact you to verify your identity upon making such request. PHL may charge a reasonable fee for access requests, and will endeavour to respond within thirty (30) days or provide notice of an extension. Denials of access will include reasons and resources for redress.

CREDIT BUREAU DISCLOSURE

By submitting a mortgage application, you expressly consent to our obtaining credit reports and scores about you from credit reporting agencies, including Equifax Canada and TransUnion Canada, at the time of application and periodically thereafter as needed to arrange, renew, or administer your mortgage. You consent to our exchanging information with these agencies and lenders for purposes including verifying your creditworthiness, detecting and preventing fraud, and maintaining the accuracy of credit records. Credit inquiries may affect your credit score. You have the right to access your credit file directly with each agency and to dispute inaccurate information with them.

SAFEGUARDS AND 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.

BREACH NOTIFICATION

We maintain procedures to identify, contain, and assess privacy breaches involving Personal Information under our control. If a breach creates a real significant harm to you (e.g. identity theft, financial loss, or damage to your credit record), we will notify you as soon as practicable, report the breach to the applicable privacy commissioner(s), and notify any other organization, regulator, or government institution that may be able to reduce the risk of harm. Our notification will generally describe the circumstances of the breach, the information involved, the steps we have taken to reduce the risk, and steps you can take to protect yourself. Records will be maintained as required by law.

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 but not limited to Google and Meta.

Google: Google AdWords remarketing service is provided by Google Inc. (or its affiliates). 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), and 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

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.

COOKIES AND ONLINE TRACKING

Our Website uses “cookies” and similar technologies to enable core functionality, to track user activity and to enhance visit experience. Cookies enable our Website to save and retrieve information that you enter.

You can adjust your cookie settings and 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.

DATA STORAGE AND CROSS-BORDER TRANSFERS

Some of our service providers, such as cloud hosting, document management, and data processing providers, may store or process Personal Information outside your province or outside Canada, including in the United States. While information is in another jurisdiction, it is subject to the laws of that jurisdiction, and authorities there may be able to access it. We use contractual safeguards to require any service provider, wherever located, to protect your information to standards at least as comparable to our own.

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.

AUTOMATED DECISION MAKING

Certain steps in our mortgage application processing may use automated tools, including application pre-screening, to support underwriting and administrative decisions. No decision relies exclusively on automated processing – there is a human-in-the-loop in making all underwriting and approval decisions. In the event there is a decision about you based exclusively on automated processing, we will inform you at or before the time of such decision, and upon request we will tell you the Personal Information used to make the decision, the principal factors and parameters that led to it, and your right to have the information corrected. If you have questions about how automated tools are used in the assessment of your mortgage application, refer to the “Contact Information” section.

INVESTOR PERSONAL INFORMATION

In connection with PHL Financial Group Ltd.’s activities as a registered Exempt Market Dealer, including but not limited to raising capital for mortgage investment corporation activities, we collect Personal Information from prospective and current investors, including:

  • Identification and contact details;
  • Government-issued ID and verification records, including as necessary for anti-money laundering regulation compliance;
  • Financial information, including income, net worth, and investment holdings, including as necessary for determining suitability and eligibility under applicable securities laws;
  • Banking details for subscriptions and distributions;
  • Tax information required for tax reporting; and
  • Other details required for complying with applicable laws and regulations.

We use this information to verify identity, assess suitability, process investments, administer accounts, issue statements and tax slips, and meet our obligations under applicable laws and regulations, including but not limited to securities laws, and the Income Tax Act. All principles in this policy apply to investor information. Investor information may be disclosed to regulators, auditors, fund administrators, custodians, and tax authorities.

QUESTIONS AND COMPLAINTS

For questions or complaints regarding this Policy or PHL’s privacy practices, contact the PHL Privacy Officer (or Chief Compliance Officer, as authorized representative, or other PHL 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

OPT OUT

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