All reasonable precautions are taken to ensure that personal information is kept safe from loss, unauthorized access, modification or disclosure.
What Is Personal Information?
Personal information is any information that identifies an individual, or by which an individual’s identity could be deduced. This includes, but is not limited to: residence address, age, gender, personal financial records, social insurance number, personal health information, personal references and employment records.
Why VIA FINANCIAL Collects Personal Information?
VIA FINANCIAL collects and uses Personal Information for the following purposes:
- Provide 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 VIA FINANCIAL that may be of interest to the Client;
- Checking Client credit worthiness through credit bureau inquiry and personal information agents who have information on a Client’s financial position.
- Advising Clients of the financial options, as well as, ongoing developments of the mortgage market and industry;
- Auditing the services provided to our Clients;
- Compliance with all municipal, provincial, federal and other applicable laws; and
- Such other specific purposes which are communicated to the Client by an agent of VIA FINANCIAL 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.
How Do We Collect Personal Information?
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 clients’ financial worth as well as the clients’ credit record. We will also contact other lenders, financial institutions, credit bureaus and employers. Consent is therefore important because without it, we will not be able to carry out the appropriate inquiries and it might be difficult for us to offer the credit product requested. 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 and unambiguous.
The most common method we use to obtain a Client’s consent is by way of the Client’s consent as confirmed by the application or Client Agreement. Where practicable, we may also obtain a Client’s consent through verbal communications or other written documentation.
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 VIA FINANCIAL’s ability to provide the Client with mortgage services. An agent of VIA FINANCIAL will inform the Client of the implications of such withdrawal. To withdraw consent, a Client should contact the Principal Broker in writing at:
VIA FINANCIAL SERVICES INC.
301A-5200 FINCH AVE E.
Toronto, ON M1S 4Z5
Use and Disclosure of Personal Information
We will use a Client’s Personal Information to provide financial advice and services to the Client, to administer our database, to include Clients in direct marketing activities and for the other uses described above under the heading “Why VIA FINANCIAL Collects Personal Information". Under certain circumstances, VIA FINANCIAL will disclose a Client’s personal information to third parties. Specifically, Personal Information may be used, shared and disclosed to, from, or with, the agents of VIA FINANCIAL, witnesses in a litigation proceeding, experts retained on a Client’s behalf, private investigators, agents retained on behalf of a Client, credit reporting agencies, credit bureaus, as well as such other third parties as are necessary to facilitate the matter for which the Client has retained our office and provided its consent.
Under certain circumstances VIA FINANCIAL may disclose Personal Information where:
- required or authorized by law to do so, for example if a court issues a subpoena;
- a Client has consented to the disclosure;
- when mortgage services by VIA FINANCIAL 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 pull a credit bureau for purposes of processing a mortgage transaction;
- protection of VIA FINANCIAL’s best interests;
- protection of public interests such as the denouncement of criminal Activity such as fraud or money laundering. In all such cases, authorities are contacted and personal information may be disclosed;
- if we retain a law firm(s) to Act on our behalf for any reason; or
- if the information is already publicly known.
Limiting collection and retention of Personal Information
VIA FINANCIAL will retain Personal Information only for so long as it is needed to fulfill the purposes for which it was obtained and to meet our professional requirements as set out our governing regulatory bodies and/or any other legal requirement, statutory or otherwise, from time to time.
VIA FINANCIAL endeavours to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Clients’ Personal Information in the care of VIA FINANCIAL. VIA FINANCIAL 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.
Client lists are never passed on to third parties other than agents of VIA FINANCIAL. When they are hired, our employees and agents must undertake to respect the confidential nature of client information. Only employees and associates who need to view the file as part of their work have access to this information.
Access to Personal Information
VIA FINANCIAL will provide a Client access to their Personal Information. The Client may correct or amend any inaccuracies in the Client’s Personal Information. VIA FINANCIAL has the right to refuse a request for access to Personal Information if:
- The information is protected by legal privilege;
- Granting access would reveal confidential commercial information;
- 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 information would likely reveal personal information about another individual;
- The request is vexation or frivolous;
- To protect our firm’s rights and property.
Communicating With VIA FINANCIAL
Any questions, concerns or complaints regarding privacy, or any requests for access to view or amend personal information, may be directed to:
Via Financial Services Inc.
301A-5200 FINCH AVE E.
Toronto, ON M1S 4Z5
A full name, address and telephone number should be attached to all A full name, address and telephone number should be attached to all inquiries. It should be noted that email is not a 100% secure medium and is generally unencrypted, and customers using this method of delivery should be aware of this when contacting us to send personal or confidential information.
Agent Protection of Data
All agents and brokers 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. While agents may retain copies of files, every effort has been made to safeguard the information on hand. It should be noted that all files are the property of VIA FINANCIAL. Although brokers and agents may retain data for marketing purposes, VIA FINANCIAL is ultimately responsible for all clients.
Any documentation not further required, must be shredded immediately. All electronic documentation must be password protected. Laptops containing client files shall not be left unattended in public areas.