The Harbour Group Privacy Policy
This Privacy Policy was last modified on January 14, 2026.
Harbour Mortgage Corp., Harbour Equity Capital Corp., Harbour Real Estate Investments Inc., HMT Holdings Inc., and their respective affiliates and associated entities (collectively “Harbour”, “we”, “our”, “us”) recognizes the importance of your right to privacy and wants you to be familiar with how we collect, use and disclose Personal Information (defined below in Section 1), and our commitment to meet our obligations under applicable Canadian privacy laws.
This Privacy Policy (“Privacy Policy”) explains how we collect, use, disclose and protect your Personal Information when you use our websites www.harbourmortgage.ca, www.harbourequity.com, any sub-domains provided by us, and any related mobile site (collectively the “Sites”), and our professional services, including any online platforms that we may provide you with access to when you use our services (“Professional Services”, together with the Sites, our “Services”). It also explains how you can contact us if you have questions about how we process your information. We will only collect, use and disclose your Personal Information in accordance with this Privacy Policy.
By using our Services and supplying us with your Personal Information, you acknowledge that you have read and understood this Privacy Policy, and you agree and consent to the collection, use, disclosure and other processing of your Personal Information as outlined in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Services or supply your Personal Information to us.
1. INFORMATION FOR HARBOUR BORROWERS
What Personal Information Do We Collect From Borrowers?
In this Privacy Policy, “Personal Information” means information that relates to a natural person that allows such person to be identified, either directly or indirectly. For example, we collect certain Personal Information from a borrower using our Professional Services (a “Borrower”) depending on how such Borrower uses our Services. When Borrowers provide us with Personal Information for a stated purpose, they represent and warrant to us that they have the authority and appropriate consent to provide us with that Personal Information. The Personal Information that we collect from a Borrower is outlined below.
(a) Personal Information Collected From Borrowers
a. Information Borrowers Provide To Us Directly When Using Professional Services
We collect Personal Information from and about a Borrower when a Borrower provides it to us, uses our Professional Services or contacts us with inquiries. This information may include:
• Contact and Profile Information – This includes a Borrower’s first and last name, address, telephone number, email address, date of birth and occupation.
• Personal Information to Verify a Borrower’s Identity – We may also collect other documentation from a Borrower, or a prospective Borrower, that contains Personal Information, as reasonably required to verify the Borrower’s or prospective Borrower’s identity. This may include: copies of valid and current forms of original identification (citizenship card, driver’s license, health card, military ID card, NEXUS card, passport, permanent resident card, provincial or territorial photo identification card, or secure certificate of Indian status) or a Borrower’s financial statements, including those related to GIC, RRSP or TFSA accounts, CRA income statements or benefit statements, loan account statements, property tax statements, or utility bills.
• Personal Information about Beneficial Owners or Family Members of a Borrower – We may also collect Personal Information of the authorized signatories or beneficial owners, or family members, of a Borrower, including whether they are a domestic or foreign politically exposed person, a close associate of a domestic or foreign political exposed person of the authorized signatories, or if the beneficial owners of the Borrower’s account are heads of an international organization or close associates of a head of an international organization.
• Personal Information for Down Payment Verification – Where applicable, we may collect documentation containing Personal Information from a Borrower to verify a down payment, including: bank statements; documents to evidence the source of a down payment; copies of agreements of purchase and sale; and current certified proforma rental rolls for the related property including tenant names and copies of leases. Where the Borrower is a limited partnership, we may collect documentation containing Personal Information that includes the Borrower’s limited partnership agreement and a list of all unit holders including name, address, occupation and amount invested/number of units held. We may collect other Personal Information from a Borrower that we deem necessary to satisfy the verification of a downpayment, including current financial statements, net worth statements, notices of assessments, credit references, and personal net worth statements of the Borrower and any applicable guarantor.
• Personal Information from the Borrower’s Guarantor – We may also collect certain Personal Information from a Borrower’s guarantor or signing officers for each applicable corporation or other legal entity entering a borrowing or guarantee arrangement with us.
• Personal Information about Borrower’s Corporation, Partnership or Trust – We collect Personal Information related to a Borrower’s corporation, partnership or trust, where applicable, including the names, occupations and personal addresses of the signing officers and directors of the corporation or partnership; the names, occupations and percentages of shares and personal addresses of shareholders of the corporation or partnership that indirectly holds twenty-five (25%) percent of the shares of the corporation or partnership; and the names, occupations and percentages of shares and personal addresses of individuals that own or control, indirectly or directly, an aggregate twenty-five (25%) percent or more of the corporation, or partnership. Additionally, if a Borrower provides us with information about a trust, we may collect, if applicable, the name, occupation and personal address of the settlor of the trust, the names, occupations and personal addresses of all the existing trustees of the trust; and the names, occupations and personal addresses of all the known beneficiaries of the trust.
b. Information Received From Borrowers And Guarantors As Part of Communications When Using Professional Services
When a Borrower uses our Professional Services, completes forms, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Borrower and the activity the Borrower engaged in. Such Personal Information includes, for example, the Borrower’s name and contact information; information that the Borrower voluntarily provides to us; the nature of the Borrower’s communication; the purpose of the interaction; and the action we took in response to the Borrower’s inquiry or request.
c. Borrower Personal Information From Publicly Available Sources And Third Parties
We may also collect Personal Information of a Borrower from certain third parties or from publicly available sources, such as government agencies or public records, for us to be able to provide the Borrower with our Professional Services.
(b) Borrower Personal Information Collected by Third Party Service Providers
Our Professional Services may be provided in part by third party service provider(s). To provide our Professional Services, we share Borrower Personal Information with third party service provider(s) and co-lenders. The third party service providers that assist us in providing our Professional Services to a Borrower may collect, use, share or otherwise process a Borrower’s Personal Information to (a) provide and manage aspects of the Professional Services; (b) meet legal and regulatory requirements; and (c) perform tax reporting and verify a Borrower’s identity. Third parties that collect, use, share or otherwise process a Borrower’s Personal Information on our behalf will maintain physical, organizational and technological safeguards to protect the Personal Information collected and will not retain data longer than necessary to fulfill the purposes for which the Personal Information was collected.
a. Borrower Personal Information Used For Credit Checks
By using our Professional Services, a Borrower is providing us with the authorization to obtain credit bureau reports using the Personal Information disclosed to us to assess a Borrower’s ongoing creditworthiness and conduct annual reviews. If a Borrower does not wish to provide us with authorization to obtain credit bureau reports using Borrower Personal Information, the Borrower should not use our Professional Services.
b. Borrower Personal Information Used For Background Checks
We conduct background checks on our Borrowers. By using our Professional Services, Borrowers are authorizing us to conduct background checks and further consent to the release of applicable Personal Information to us, our successors, or assigns any information contained within the background check conducted by us or on our behalf, which may include education record, consumer credit record, driving record, record of unpardoned criminal convictions, prohibited person information, conditional and absolute discharges which have not yet been removed from the national criminal records system and any other information relevant to their business relationship to us.
(c) Additional Ways We Collect Personal Information From Borrowers
a. Information Borrowers Provide to Us Directly When Using The Sites
We collect Personal Information from a Borrower when a Borrower uses our Sites or contacts us with inquiries. This information may include Personal Information such as first and last name, information on how a Borrower uses our Sites, and contact information, including address, telephone number, and email address.
b. Information Received From Borrowers As Part Of Communications When Using The Sites
When a Borrower uses our Sites, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Borrower and the activity the Borrower engaged in. This Personal Information may include a Borrower’s name and contact information, information a Borrower voluntarily provides to us, the nature of the communication, the purpose of the interaction, and the action we took in response to the Borrower’s inquiry or request.
2. INFORMATION FOR HARBOUR INVESTORS
What Personal Information Do We Collect From Investors?
Harbour collects Personal Information when it provides its Services to an investor (“Investor”), depending on how such Investor uses the Services. When an Investor provides us with their Personal Information for a stated purpose, the Investor represents and warrants to us that they have the authority and appropriate consent to provide us with that Personal Information. The Personal Information that we collect from an Investor is outlined below.
(b) Personal Information Collected from Investors
a. Information Investors Provide To Us Directly
We collect Personal Information from and about an Investor when an Investor provides it to us, uses our Professional Services or contacts us with inquiries. This information may include:
• Contact Information – This includes an Investor’s first and last name and contact information, including address, telephone number, and email address.
• Profile and Portfolio Information – This includes the Investor’s birthdate, social insurance number, asset holdings and values, spouse’s name and occupation (if applicable), and number of dependents.
• Personal Information from Investors Participating in Investments – For Investors that seek to participate in investments through us, we will collect information related to the investment, which may contain Personal Information.
• Personal Information about Investor’s Corporation, Partnership or Trust – We collect Personal Information related to the corporation, partnership or trust that an Investor discloses to us, including the names, occupations and personal addresses of the signing officers and directors of the Investor’s corporation or partnership engaged with us; the names, occupations and percentages of shares and personal addresses of shareholders of the corporation or partnership that indirectly holds twenty-five (25%) percent of the shares of the Investor’s corporation or partnership engaged with us; and the names, occupations and percentages of shares and personal addresses of individuals who own or control, indirectly or directly, an aggregate of twenty-five (25%) percent or more of the Investor’s corporation or partnership engaged with us. Additionally, if an Investor provides us with information about a trust, we may collect, as applicable, the name, occupation and personal address of the settlor of the trust; the names, occupations and personal addresses of all the existing trustees of the trust; and the names, occupations and personal addresses of all the known beneficiaries of the trust.
• Personal Information about Investor’s Personal Finances – We also collect Personal Information about an Investor’s personal circumstances, financial situation, investment goals and objectives, investment horizon, investment knowledge and experience, and risk profile. We also share the Investor’s Personal Information with individuals that the Investor authorizes us to share the Investor’s Personal Information with.
• Personal Information to Verify an Investor’s Identity – We may collect other Personal Information from an Investor and a prospective Investor as reasonably required, to verify the Investor’s or prospective Investor’s identity, protect against fraud and communicate as permitted and required by law.
• Identity Confirmation for Know Your Client Checks – We also collect the Personal Information of an Investor to administer identity checks in compliance with our obligations, which may include an Investor’s date of birth, place of birth, gender, driver’s license number and issuing jurisdiction, passport number and issuing jurisdiction, social insurance number, current address and prior addresses and any corporate affiliations.
(b) Information Received From Investors As Part of Communications
When an Investor uses our Professional Services, completes forms, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Investor and the activity the Investor engaged in. Such Personal Information includes, for example, the Investor’s name and contact information; information that the Investor voluntarily provides to us; the nature of the communication; the purpose of the interaction; and the action we took in response to the Investor’s inquiry or request.
(c) Investor Personal Information Collected By Third Party Service Providers
Our Professional Services may be provided in part by third party service provider(s). To provide our Professional Services, Harbour shares Investor Personal Information with third party service provider(s). The third party service providers that assist us in providing our Professional Services to an Investor may collect, use, share or otherwise process an Investor’s Personal Information to: (a) provide and manage aspects of the Professional Services; (b) develop analysis (including aggregating and using anonymized data and de-identified data); (c) market; (d) maintain the security of the services provided by the third party; (e) assist in operating and marketing the services provided by the third party; (f) meet legal and regulatory requirements; and (g) perform tax reporting and verify an Investor’s identity. Third parties that collect, use, share or otherwise process Investor Personal Information on behalf of Harbour will deploy and maintain reasonable physical, organizational and technological safeguards to protect the Personal Information collected and will not retain data longer than necessary to fulfill the purposes for which the information was collected.
We conduct “know your client” checks on our Investors in compliance with our regulatory obligations. By using our Professional Services, Investors are authorizing us to conduct “know your client” checks and further consent to the release of applicable Personal Information to us, our successors, or assigns any information contained within the “know your client” check conducted by us or on our behalf.
3. PURPOSES FOR COLLECTING YOUR PERSONAL INFORMATION
We may use the Personal Information that we collect or receive about Borrowers, Investors and users of our Sites for various purposes. We will only use the Personal Information that we collect for the purposes for which it was collected. The additional purposes for which we collect your Personal Information are outlined below.
a. To Provide You With Our Services
We collect, use and disclose your Personal Information to provide you with our Services. For example, we may use the Personal Information you provide to us to complete a transaction and confirm your identity. If the Personal Information you provide to us is to be provided to a third party, for example a bank, or the Services that you want to access are to be performed by a third party on our behalf, then we will disclose your Personal Information to the applicable third party. Your Personal Information will be available or provided to third parties that are contractually obligated to protect your Personal Information.
b. To Maintain, Improve And Personalize the Services
We use your Personal Information for our everyday business operations, such as auditing or administering the Services. Your Personal Information may also be used to help us improve our Services. We also use your Personal Information to personalize your experience, for example we may personalize communications made directly for you.
c. To Maintain Legal And Regulatory Compliance
We also collect, use and disclose your Personal Information to comply with our legal, regulatory and professional requirements and as otherwise may be permitted or required by applicable Canadian privacy laws, anti-money laundering laws, or our professional obligations. For example, we may process your Personal Information as necessary to manage risk as required under applicable Canadian law. Additionally, we may provide your Personal Information to a related entity to perform suitability and anti-money laundering assessments as required by Canadian securities law.
d. To Communicate With You
We use your Personal Information to communicate with you and respond to inquiries and requests from you submitted to us directly or through our Services. We also use your Personal Information to establish and maintain commercial relations with you. If you contact us, we use certain Personal Information to respond to your questions and assist you with any issues that may arise in your use of the Services.
e. To Enforce Compliance With Our Agreement and Policies With You
When you access or use our Services, you are bound by this Privacy Policy and certain agreements you may enter into with us. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities through our Services. We will also process your Personal Information to investigate, prevent or mitigate violations of applicable agreements or policies; and enforce our agreements with third parties and business partners.
f. For Our Business Purposes
We may use your Personal Information for other purposes disclosed to you at the time of collection or receive information about you with your consent or as permitted by law. We may also use your Personal Information improve our Services, for marketing, or managing customer relationships and experiences.
4. TO WHOM DO WE DISCLOSE PERSONAL INFORMATION
We may disclose your Personal Information to third parties including our service providers, data processors, shareholders, affiliates, subsidiaries, partners, our direct or indirect investors, regulatory bodies, and other third parties (“Third Parties”) under the limited circumstances listed below.
• For Harbour Operations: We may disclose your Personal Information to Third Parties that assist us with our operations and facilitate the provision of our Services including, without limitation, providing customer service, conducting background checks, conducting credit checks, supporting our business operations, monitoring and analyzing the Sites activity, and operating and maintaining the Sites. Such Third Parties may only use your Personal Information for the purposes described in this Privacy Policy.
• Financial Regulatory Compliance: Investor Personal Information may be delivered to financial bodies, including the Ontario Securities Commission (“OSC”), and be collected indirectly by the OSC.
• Protection of Harbour’s Rights and Safety: We may share your Personal Information when necessary to (i) protect our safety, property or other rights; (ii) protect our representatives, clients, users of the Sites and stakeholders; and (iii) conduct investigations of possible breaches of law, including to detect and prevent fraud.
• Enforcement of Harbour’s Agreement with You: We may share your Personal Information to identify, contract or bring legal action against a party who may be violating an agreement that they have with us.
• Security and Regulatory Investigations: We may disclose your Personal Information when investigating breaches of security safeguards or cooperating with government or regulatory authorities pursuant to a legal matter.
• Business Transactions and Corporate Changes: We may provide your Personal Information to Third Parties in connection with a prospective or completed business transaction, including a sale, merger or amalgamation (including transfers made as part of bankruptcy proceedings or insolvency) involving all or a part of our business or as a part of a corporate reorganization or share sale or additional or other changes in corporate control.
• Legal Requirements: We may share your Personal Information with Third Parties as otherwise required or permitted by law or regulation, for example, to law enforcement agencies, when required to protect and defend our legal rights.
• Consent-based Disclosure: We may also disclose your Personal Information in other circumstance with your consent.
Third Parties may disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of its assets or shares, including any due diligence exercise carried out in relation to the same, provided that the Personal Information disclosed continues to be used for the purpose originally contemplated at time of collection.
We may also, from time to time, as part of our due diligence process, collect Personal Information about you from telephone calls, application forms or contracts, face-to-face meetings, email or other forms of communication, past dealings you may have had with us, credit reporting agencies, current or previous lenders or bankers or mutually known parties such as brokers or intermediaries. This allows us, and any of our Third Parties, to verify your identity, understand your needs, assess your creditworthiness and financial status, take a security interest, obtain automatic bank withdrawals, comply with tax, regulatory, contractual and other legal requirements, and if required, to assist with enforcement and collection of loans.
You can withdraw your consent to have your Personal Information processed by Third Parties at any time, except where the disclosure is required by law, a professional requirement or other regulation. To withdraw your consent, please contact our Privacy Officer, Ann Hawley, at [email protected]. Please note that in certain instances, if you choose not to provide us with Personal Information or withdraw your consent to our use of your Personal Information, you may not be able to fully utilize our Services. You may not be permitted to withdraw your consent to certain necessary collections, uses and disclosures of your Personal Information (for example, if we need to maintain reasonable business and transaction records that include your Personal Information).
5. LIMITING COLLECTION OF PERSONAL INFORMATION
We limit the collection of Personal Information to information that is necessary to fulfill the purposes identified in this Privacy Policy and we collect, use and disclose your Personal Information only in accordance with this Privacy Policy.
6. YOUR CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION
Your consent to our collection, use and disclosure of your Personal Information may be implied, deemed or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.
Your Personal Information will not be used without your consent for purposes other than those for which it was collected or in accordance with applicable Canadian laws and regulations. From time to time, we may wish to use your Personal Information for new or additional purposes, in which case we will amend the Privacy Policy to include these new or additional purposes, and we will obtain your consent through your continued use of our Services. If we make any material changes to how we use your Personal Information, we will notify you by email to the primary email address that you have provided us or that is specified in your account, or we may post a notice on the home pages of the Sites.
7. ANONYMOUS DATA
Anonymous data means data that is not associated with or linked to any individual’s Personal Information or that will not easily permit the identification of individuals (“Anonymous Data”). Anonymous Data does not include Personal Information. We may generate Anonymous Data from Personal Information collected through our Services and Sites by removing information that makes an individual personally identifiable. We may use Anonymous Data and aggregated data for any reasonable commercial purpose subject to applicable laws. We do not disclose Anonymous Data to Third Parties.
8. RETENTION OF YOUR PERSONAL INFORMATION
We retain your Personal Information only for as long as we need it to fulfill the purposes for which it was collected and to comply with our legal and professional obligations, resolve disputes and enforce our legal agreements and policies. When your Personal Information is no longer required, we will destroy it in a secure manner, according to set procedures that govern the storage and destruction of Personal Information.
9. DATA TRANSFERS
Your Personal Information may be collected, used, processed, transferred, and retained in multiple countries, including Canada and the United States, which may be outside the region in which you are situated. These countries may have different privacy or data protection legislation, and therefore your Personal Information may be subject to the laws of these countries. Additionally, and as discussed above, we may also engage certain Third Parties, as applicable, to perform certain services on our behalf and to otherwise provide the Services. These Third Parties may store, process and transfer Personal Information on servers located outside of Canada in jurisdictions whose data protection laws may differ from those of Canada, including the United States. As a result, your Personal Information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to the laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. We will use commercially reasonable efforts to cause international transfers to comply with applicable privacy law and use valid legal methods to protect your Personal Information.
10. LINKS TO OTHER WEBSITES
Our Sites may contain links to other sites that are independently owned and operated by third parties. These other sites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any sites owned and operated by any third parties. Other sites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy of each site that you visit.
11. HOW WE PROTECT YOUR PERSONAL INFORMATION
We deploy and maintain reasonable physical, organizational and technological security safeguards to protect your Personal Information against loss, theft, and unauthorized access. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information, including Personal Information, that you provide to us.
We take reasonable steps to train our employees to be aware of the importance of maintaining the confidentiality of Personal Information and to prevent unauthorized persons from gaining access to Personal Information that we have disposed of or destroyed.
12. MINORS
We do not knowingly solicit, collect, or store any Personal Information from anyone under the age of 18 years. Minors under the age of 18 years are not allowed to create an account or otherwise use the Services. In the event we learn that we collected Personal Information from a minor under the age of 18 years, we will delete that information promptly. If parents or guardians believe that we have unintentionally collected their child’s Personal Information, they may request that we delete such information by contacting our Privacy Officer, Ann Hawley, at [email protected] as described in Section 17 below.
13. INDIVIDUAL ACCESS AND ACCURACY OF PERSONAL INFORMATION
You may request access to your Personal Information that we may hold by contacting us as described in Section 17 below, and we will respond within the time periods provided for under applicable laws. We will need to verify your identity before providing you with a copy of the Personal Information that we hold about you. There is no cost for such access request unless you require copies of records. We may be unable to provide you with access to your Personal Information if the Personal Information cannot be separated from the Personal Information of others, cannot be disclosed for reasons of security or commercial confidentiality, or is protected by legal privilege. If we cannot provide you with access to your Personal Information, we will advise you of the reasons access is being denied, unless we are prohibited by law from doing so.
You may request updates and changes to your Personal Information as described in Section 17 below. We will endeavor to correct any Personal Information that you advise us is inaccurate or incomplete. Where appropriate, the amended information will be transmitted to third parties having access to such information.
14. ELECTRONIC COMMUNICATIONS
When you sign up to receive information regarding our Services and related products, we collect your contact information such as your name, phone number, mailing addresses and email address. If you opt in to receiving our communications, we will use this information to send you communications based on your expressed interests by mail or email.
You will always have the opportunity to unsubscribe from receiving any of our e-mail or other communications at any time by contacting us at 416-361-3315 or by emailing our Privacy Officer Ann Hawley at [email protected].
If you decide to unsubscribe, we will only contact you thereafter: (i) for the purposes allowed under applicable law; (ii) to send you notices of changes to our Privacy Policy; and (iii) to receive messages related to the provision of our Services to you.
15. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change or replace this Privacy Policy in our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy. We will post the most current version on our Sites, and we will indicate at the top of this page the date this Privacy Policy was last revised. Your continued access or use of the Sites after any such changes constitutes your acceptance of the Privacy Policy as revised. If we make any material changes to this Privacy Policy, we will notify you by email to the primary email address that you have provided us or that is specified in your account, or we may also post a notice on the home page of our Sites.
16. YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY
By using our Services and providing us with your Personal Information, you agree that we may collect your Personal Information, and you voluntarily consent to the collection, use, disclosure and transfer of your Personal Information in accordance with this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use our Services or provide us with any Personal Information. If you do not understand the nature, purpose and consequences of us collecting, using and disclosing your Personal Information, please do not use our Services or provide us with any Personal Information. You may contact us at the contact information set forth below so that we can address your questions or concerns.
17. HOW TO CONTACT US
We welcome your feedback. If you have questions, comments or concerns about this Privacy Policy, or would like to do any of the following:
• See your Personal Information that you have already sent us so that you can ask us to correct, update or delete it from our files;
• Ask that we not send you electronic communications or otherwise contact you; or
• Report any violation of this Privacy Policy,
then please contact our Privacy Officer, Ann Hawley, via email at [email protected], who will endeavour to respond to you as described in Section 14 above.
Harbour Mortgage Corp., Harbour Equity Capital Corp., Harbour Real Estate Investments Inc., HMT Holdings Inc., and their respective affiliates and associated entities (collectively “Harbour”, “we”, “our”, “us”) recognizes the importance of your right to privacy and wants you to be familiar with how we collect, use and disclose Personal Information (defined below in Section 1), and our commitment to meet our obligations under applicable Canadian privacy laws.
This Privacy Policy (“Privacy Policy”) explains how we collect, use, disclose and protect your Personal Information when you use our websites www.harbourmortgage.ca, www.harbourequity.com, any sub-domains provided by us, and any related mobile site (collectively the “Sites”), and our professional services, including any online platforms that we may provide you with access to when you use our services (“Professional Services”, together with the Sites, our “Services”). It also explains how you can contact us if you have questions about how we process your information. We will only collect, use and disclose your Personal Information in accordance with this Privacy Policy.
By using our Services and supplying us with your Personal Information, you acknowledge that you have read and understood this Privacy Policy, and you agree and consent to the collection, use, disclosure and other processing of your Personal Information as outlined in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Services or supply your Personal Information to us.
1. INFORMATION FOR HARBOUR BORROWERS
What Personal Information Do We Collect From Borrowers?
In this Privacy Policy, “Personal Information” means information that relates to a natural person that allows such person to be identified, either directly or indirectly. For example, we collect certain Personal Information from a borrower using our Professional Services (a “Borrower”) depending on how such Borrower uses our Services. When Borrowers provide us with Personal Information for a stated purpose, they represent and warrant to us that they have the authority and appropriate consent to provide us with that Personal Information. The Personal Information that we collect from a Borrower is outlined below.
(a) Personal Information Collected From Borrowers
a. Information Borrowers Provide To Us Directly When Using Professional Services
We collect Personal Information from and about a Borrower when a Borrower provides it to us, uses our Professional Services or contacts us with inquiries. This information may include:
• Contact and Profile Information – This includes a Borrower’s first and last name, address, telephone number, email address, date of birth and occupation.
• Personal Information to Verify a Borrower’s Identity – We may also collect other documentation from a Borrower, or a prospective Borrower, that contains Personal Information, as reasonably required to verify the Borrower’s or prospective Borrower’s identity. This may include: copies of valid and current forms of original identification (citizenship card, driver’s license, health card, military ID card, NEXUS card, passport, permanent resident card, provincial or territorial photo identification card, or secure certificate of Indian status) or a Borrower’s financial statements, including those related to GIC, RRSP or TFSA accounts, CRA income statements or benefit statements, loan account statements, property tax statements, or utility bills.
• Personal Information about Beneficial Owners or Family Members of a Borrower – We may also collect Personal Information of the authorized signatories or beneficial owners, or family members, of a Borrower, including whether they are a domestic or foreign politically exposed person, a close associate of a domestic or foreign political exposed person of the authorized signatories, or if the beneficial owners of the Borrower’s account are heads of an international organization or close associates of a head of an international organization.
• Personal Information for Down Payment Verification – Where applicable, we may collect documentation containing Personal Information from a Borrower to verify a down payment, including: bank statements; documents to evidence the source of a down payment; copies of agreements of purchase and sale; and current certified proforma rental rolls for the related property including tenant names and copies of leases. Where the Borrower is a limited partnership, we may collect documentation containing Personal Information that includes the Borrower’s limited partnership agreement and a list of all unit holders including name, address, occupation and amount invested/number of units held. We may collect other Personal Information from a Borrower that we deem necessary to satisfy the verification of a downpayment, including current financial statements, net worth statements, notices of assessments, credit references, and personal net worth statements of the Borrower and any applicable guarantor.
• Personal Information from the Borrower’s Guarantor – We may also collect certain Personal Information from a Borrower’s guarantor or signing officers for each applicable corporation or other legal entity entering a borrowing or guarantee arrangement with us.
• Personal Information about Borrower’s Corporation, Partnership or Trust – We collect Personal Information related to a Borrower’s corporation, partnership or trust, where applicable, including the names, occupations and personal addresses of the signing officers and directors of the corporation or partnership; the names, occupations and percentages of shares and personal addresses of shareholders of the corporation or partnership that indirectly holds twenty-five (25%) percent of the shares of the corporation or partnership; and the names, occupations and percentages of shares and personal addresses of individuals that own or control, indirectly or directly, an aggregate twenty-five (25%) percent or more of the corporation, or partnership. Additionally, if a Borrower provides us with information about a trust, we may collect, if applicable, the name, occupation and personal address of the settlor of the trust, the names, occupations and personal addresses of all the existing trustees of the trust; and the names, occupations and personal addresses of all the known beneficiaries of the trust.
b. Information Received From Borrowers And Guarantors As Part of Communications When Using Professional Services
When a Borrower uses our Professional Services, completes forms, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Borrower and the activity the Borrower engaged in. Such Personal Information includes, for example, the Borrower’s name and contact information; information that the Borrower voluntarily provides to us; the nature of the Borrower’s communication; the purpose of the interaction; and the action we took in response to the Borrower’s inquiry or request.
c. Borrower Personal Information From Publicly Available Sources And Third Parties
We may also collect Personal Information of a Borrower from certain third parties or from publicly available sources, such as government agencies or public records, for us to be able to provide the Borrower with our Professional Services.
(b) Borrower Personal Information Collected by Third Party Service Providers
Our Professional Services may be provided in part by third party service provider(s). To provide our Professional Services, we share Borrower Personal Information with third party service provider(s) and co-lenders. The third party service providers that assist us in providing our Professional Services to a Borrower may collect, use, share or otherwise process a Borrower’s Personal Information to (a) provide and manage aspects of the Professional Services; (b) meet legal and regulatory requirements; and (c) perform tax reporting and verify a Borrower’s identity. Third parties that collect, use, share or otherwise process a Borrower’s Personal Information on our behalf will maintain physical, organizational and technological safeguards to protect the Personal Information collected and will not retain data longer than necessary to fulfill the purposes for which the Personal Information was collected.
a. Borrower Personal Information Used For Credit Checks
By using our Professional Services, a Borrower is providing us with the authorization to obtain credit bureau reports using the Personal Information disclosed to us to assess a Borrower’s ongoing creditworthiness and conduct annual reviews. If a Borrower does not wish to provide us with authorization to obtain credit bureau reports using Borrower Personal Information, the Borrower should not use our Professional Services.
b. Borrower Personal Information Used For Background Checks
We conduct background checks on our Borrowers. By using our Professional Services, Borrowers are authorizing us to conduct background checks and further consent to the release of applicable Personal Information to us, our successors, or assigns any information contained within the background check conducted by us or on our behalf, which may include education record, consumer credit record, driving record, record of unpardoned criminal convictions, prohibited person information, conditional and absolute discharges which have not yet been removed from the national criminal records system and any other information relevant to their business relationship to us.
(c) Additional Ways We Collect Personal Information From Borrowers
a. Information Borrowers Provide to Us Directly When Using The Sites
We collect Personal Information from a Borrower when a Borrower uses our Sites or contacts us with inquiries. This information may include Personal Information such as first and last name, information on how a Borrower uses our Sites, and contact information, including address, telephone number, and email address.
b. Information Received From Borrowers As Part Of Communications When Using The Sites
When a Borrower uses our Sites, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Borrower and the activity the Borrower engaged in. This Personal Information may include a Borrower’s name and contact information, information a Borrower voluntarily provides to us, the nature of the communication, the purpose of the interaction, and the action we took in response to the Borrower’s inquiry or request.
2. INFORMATION FOR HARBOUR INVESTORS
What Personal Information Do We Collect From Investors?
Harbour collects Personal Information when it provides its Services to an investor (“Investor”), depending on how such Investor uses the Services. When an Investor provides us with their Personal Information for a stated purpose, the Investor represents and warrants to us that they have the authority and appropriate consent to provide us with that Personal Information. The Personal Information that we collect from an Investor is outlined below.
(b) Personal Information Collected from Investors
a. Information Investors Provide To Us Directly
We collect Personal Information from and about an Investor when an Investor provides it to us, uses our Professional Services or contacts us with inquiries. This information may include:
• Contact Information – This includes an Investor’s first and last name and contact information, including address, telephone number, and email address.
• Profile and Portfolio Information – This includes the Investor’s birthdate, social insurance number, asset holdings and values, spouse’s name and occupation (if applicable), and number of dependents.
• Personal Information from Investors Participating in Investments – For Investors that seek to participate in investments through us, we will collect information related to the investment, which may contain Personal Information.
• Personal Information about Investor’s Corporation, Partnership or Trust – We collect Personal Information related to the corporation, partnership or trust that an Investor discloses to us, including the names, occupations and personal addresses of the signing officers and directors of the Investor’s corporation or partnership engaged with us; the names, occupations and percentages of shares and personal addresses of shareholders of the corporation or partnership that indirectly holds twenty-five (25%) percent of the shares of the Investor’s corporation or partnership engaged with us; and the names, occupations and percentages of shares and personal addresses of individuals who own or control, indirectly or directly, an aggregate of twenty-five (25%) percent or more of the Investor’s corporation or partnership engaged with us. Additionally, if an Investor provides us with information about a trust, we may collect, as applicable, the name, occupation and personal address of the settlor of the trust; the names, occupations and personal addresses of all the existing trustees of the trust; and the names, occupations and personal addresses of all the known beneficiaries of the trust.
• Personal Information about Investor’s Personal Finances – We also collect Personal Information about an Investor’s personal circumstances, financial situation, investment goals and objectives, investment horizon, investment knowledge and experience, and risk profile. We also share the Investor’s Personal Information with individuals that the Investor authorizes us to share the Investor’s Personal Information with.
• Personal Information to Verify an Investor’s Identity – We may collect other Personal Information from an Investor and a prospective Investor as reasonably required, to verify the Investor’s or prospective Investor’s identity, protect against fraud and communicate as permitted and required by law.
• Identity Confirmation for Know Your Client Checks – We also collect the Personal Information of an Investor to administer identity checks in compliance with our obligations, which may include an Investor’s date of birth, place of birth, gender, driver’s license number and issuing jurisdiction, passport number and issuing jurisdiction, social insurance number, current address and prior addresses and any corporate affiliations.
(b) Information Received From Investors As Part of Communications
When an Investor uses our Professional Services, completes forms, communicates with us or contacts us by email or phone, we may automatically collect and store certain Personal Information of the Investor and the activity the Investor engaged in. Such Personal Information includes, for example, the Investor’s name and contact information; information that the Investor voluntarily provides to us; the nature of the communication; the purpose of the interaction; and the action we took in response to the Investor’s inquiry or request.
(c) Investor Personal Information Collected By Third Party Service Providers
Our Professional Services may be provided in part by third party service provider(s). To provide our Professional Services, Harbour shares Investor Personal Information with third party service provider(s). The third party service providers that assist us in providing our Professional Services to an Investor may collect, use, share or otherwise process an Investor’s Personal Information to: (a) provide and manage aspects of the Professional Services; (b) develop analysis (including aggregating and using anonymized data and de-identified data); (c) market; (d) maintain the security of the services provided by the third party; (e) assist in operating and marketing the services provided by the third party; (f) meet legal and regulatory requirements; and (g) perform tax reporting and verify an Investor’s identity. Third parties that collect, use, share or otherwise process Investor Personal Information on behalf of Harbour will deploy and maintain reasonable physical, organizational and technological safeguards to protect the Personal Information collected and will not retain data longer than necessary to fulfill the purposes for which the information was collected.
We conduct “know your client” checks on our Investors in compliance with our regulatory obligations. By using our Professional Services, Investors are authorizing us to conduct “know your client” checks and further consent to the release of applicable Personal Information to us, our successors, or assigns any information contained within the “know your client” check conducted by us or on our behalf.
3. PURPOSES FOR COLLECTING YOUR PERSONAL INFORMATION
We may use the Personal Information that we collect or receive about Borrowers, Investors and users of our Sites for various purposes. We will only use the Personal Information that we collect for the purposes for which it was collected. The additional purposes for which we collect your Personal Information are outlined below.
a. To Provide You With Our Services
We collect, use and disclose your Personal Information to provide you with our Services. For example, we may use the Personal Information you provide to us to complete a transaction and confirm your identity. If the Personal Information you provide to us is to be provided to a third party, for example a bank, or the Services that you want to access are to be performed by a third party on our behalf, then we will disclose your Personal Information to the applicable third party. Your Personal Information will be available or provided to third parties that are contractually obligated to protect your Personal Information.
b. To Maintain, Improve And Personalize the Services
We use your Personal Information for our everyday business operations, such as auditing or administering the Services. Your Personal Information may also be used to help us improve our Services. We also use your Personal Information to personalize your experience, for example we may personalize communications made directly for you.
c. To Maintain Legal And Regulatory Compliance
We also collect, use and disclose your Personal Information to comply with our legal, regulatory and professional requirements and as otherwise may be permitted or required by applicable Canadian privacy laws, anti-money laundering laws, or our professional obligations. For example, we may process your Personal Information as necessary to manage risk as required under applicable Canadian law. Additionally, we may provide your Personal Information to a related entity to perform suitability and anti-money laundering assessments as required by Canadian securities law.
d. To Communicate With You
We use your Personal Information to communicate with you and respond to inquiries and requests from you submitted to us directly or through our Services. We also use your Personal Information to establish and maintain commercial relations with you. If you contact us, we use certain Personal Information to respond to your questions and assist you with any issues that may arise in your use of the Services.
e. To Enforce Compliance With Our Agreement and Policies With You
When you access or use our Services, you are bound by this Privacy Policy and certain agreements you may enter into with us. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities through our Services. We will also process your Personal Information to investigate, prevent or mitigate violations of applicable agreements or policies; and enforce our agreements with third parties and business partners.
f. For Our Business Purposes
We may use your Personal Information for other purposes disclosed to you at the time of collection or receive information about you with your consent or as permitted by law. We may also use your Personal Information improve our Services, for marketing, or managing customer relationships and experiences.
4. TO WHOM DO WE DISCLOSE PERSONAL INFORMATION
We may disclose your Personal Information to third parties including our service providers, data processors, shareholders, affiliates, subsidiaries, partners, our direct or indirect investors, regulatory bodies, and other third parties (“Third Parties”) under the limited circumstances listed below.
• For Harbour Operations: We may disclose your Personal Information to Third Parties that assist us with our operations and facilitate the provision of our Services including, without limitation, providing customer service, conducting background checks, conducting credit checks, supporting our business operations, monitoring and analyzing the Sites activity, and operating and maintaining the Sites. Such Third Parties may only use your Personal Information for the purposes described in this Privacy Policy.
• Financial Regulatory Compliance: Investor Personal Information may be delivered to financial bodies, including the Ontario Securities Commission (“OSC”), and be collected indirectly by the OSC.
• Protection of Harbour’s Rights and Safety: We may share your Personal Information when necessary to (i) protect our safety, property or other rights; (ii) protect our representatives, clients, users of the Sites and stakeholders; and (iii) conduct investigations of possible breaches of law, including to detect and prevent fraud.
• Enforcement of Harbour’s Agreement with You: We may share your Personal Information to identify, contract or bring legal action against a party who may be violating an agreement that they have with us.
• Security and Regulatory Investigations: We may disclose your Personal Information when investigating breaches of security safeguards or cooperating with government or regulatory authorities pursuant to a legal matter.
• Business Transactions and Corporate Changes: We may provide your Personal Information to Third Parties in connection with a prospective or completed business transaction, including a sale, merger or amalgamation (including transfers made as part of bankruptcy proceedings or insolvency) involving all or a part of our business or as a part of a corporate reorganization or share sale or additional or other changes in corporate control.
• Legal Requirements: We may share your Personal Information with Third Parties as otherwise required or permitted by law or regulation, for example, to law enforcement agencies, when required to protect and defend our legal rights.
• Consent-based Disclosure: We may also disclose your Personal Information in other circumstance with your consent.
Third Parties may disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of its assets or shares, including any due diligence exercise carried out in relation to the same, provided that the Personal Information disclosed continues to be used for the purpose originally contemplated at time of collection.
We may also, from time to time, as part of our due diligence process, collect Personal Information about you from telephone calls, application forms or contracts, face-to-face meetings, email or other forms of communication, past dealings you may have had with us, credit reporting agencies, current or previous lenders or bankers or mutually known parties such as brokers or intermediaries. This allows us, and any of our Third Parties, to verify your identity, understand your needs, assess your creditworthiness and financial status, take a security interest, obtain automatic bank withdrawals, comply with tax, regulatory, contractual and other legal requirements, and if required, to assist with enforcement and collection of loans.
You can withdraw your consent to have your Personal Information processed by Third Parties at any time, except where the disclosure is required by law, a professional requirement or other regulation. To withdraw your consent, please contact our Privacy Officer, Ann Hawley, at [email protected]. Please note that in certain instances, if you choose not to provide us with Personal Information or withdraw your consent to our use of your Personal Information, you may not be able to fully utilize our Services. You may not be permitted to withdraw your consent to certain necessary collections, uses and disclosures of your Personal Information (for example, if we need to maintain reasonable business and transaction records that include your Personal Information).
5. LIMITING COLLECTION OF PERSONAL INFORMATION
We limit the collection of Personal Information to information that is necessary to fulfill the purposes identified in this Privacy Policy and we collect, use and disclose your Personal Information only in accordance with this Privacy Policy.
6. YOUR CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION
Your consent to our collection, use and disclosure of your Personal Information may be implied, deemed or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.
Your Personal Information will not be used without your consent for purposes other than those for which it was collected or in accordance with applicable Canadian laws and regulations. From time to time, we may wish to use your Personal Information for new or additional purposes, in which case we will amend the Privacy Policy to include these new or additional purposes, and we will obtain your consent through your continued use of our Services. If we make any material changes to how we use your Personal Information, we will notify you by email to the primary email address that you have provided us or that is specified in your account, or we may post a notice on the home pages of the Sites.
7. ANONYMOUS DATA
Anonymous data means data that is not associated with or linked to any individual’s Personal Information or that will not easily permit the identification of individuals (“Anonymous Data”). Anonymous Data does not include Personal Information. We may generate Anonymous Data from Personal Information collected through our Services and Sites by removing information that makes an individual personally identifiable. We may use Anonymous Data and aggregated data for any reasonable commercial purpose subject to applicable laws. We do not disclose Anonymous Data to Third Parties.
8. RETENTION OF YOUR PERSONAL INFORMATION
We retain your Personal Information only for as long as we need it to fulfill the purposes for which it was collected and to comply with our legal and professional obligations, resolve disputes and enforce our legal agreements and policies. When your Personal Information is no longer required, we will destroy it in a secure manner, according to set procedures that govern the storage and destruction of Personal Information.
9. DATA TRANSFERS
Your Personal Information may be collected, used, processed, transferred, and retained in multiple countries, including Canada and the United States, which may be outside the region in which you are situated. These countries may have different privacy or data protection legislation, and therefore your Personal Information may be subject to the laws of these countries. Additionally, and as discussed above, we may also engage certain Third Parties, as applicable, to perform certain services on our behalf and to otherwise provide the Services. These Third Parties may store, process and transfer Personal Information on servers located outside of Canada in jurisdictions whose data protection laws may differ from those of Canada, including the United States. As a result, your Personal Information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to the laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. We will use commercially reasonable efforts to cause international transfers to comply with applicable privacy law and use valid legal methods to protect your Personal Information.
10. LINKS TO OTHER WEBSITES
Our Sites may contain links to other sites that are independently owned and operated by third parties. These other sites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any sites owned and operated by any third parties. Other sites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy of each site that you visit.
11. HOW WE PROTECT YOUR PERSONAL INFORMATION
We deploy and maintain reasonable physical, organizational and technological security safeguards to protect your Personal Information against loss, theft, and unauthorized access. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information, including Personal Information, that you provide to us.
We take reasonable steps to train our employees to be aware of the importance of maintaining the confidentiality of Personal Information and to prevent unauthorized persons from gaining access to Personal Information that we have disposed of or destroyed.
12. MINORS
We do not knowingly solicit, collect, or store any Personal Information from anyone under the age of 18 years. Minors under the age of 18 years are not allowed to create an account or otherwise use the Services. In the event we learn that we collected Personal Information from a minor under the age of 18 years, we will delete that information promptly. If parents or guardians believe that we have unintentionally collected their child’s Personal Information, they may request that we delete such information by contacting our Privacy Officer, Ann Hawley, at [email protected] as described in Section 17 below.
13. INDIVIDUAL ACCESS AND ACCURACY OF PERSONAL INFORMATION
You may request access to your Personal Information that we may hold by contacting us as described in Section 17 below, and we will respond within the time periods provided for under applicable laws. We will need to verify your identity before providing you with a copy of the Personal Information that we hold about you. There is no cost for such access request unless you require copies of records. We may be unable to provide you with access to your Personal Information if the Personal Information cannot be separated from the Personal Information of others, cannot be disclosed for reasons of security or commercial confidentiality, or is protected by legal privilege. If we cannot provide you with access to your Personal Information, we will advise you of the reasons access is being denied, unless we are prohibited by law from doing so.
You may request updates and changes to your Personal Information as described in Section 17 below. We will endeavor to correct any Personal Information that you advise us is inaccurate or incomplete. Where appropriate, the amended information will be transmitted to third parties having access to such information.
14. ELECTRONIC COMMUNICATIONS
When you sign up to receive information regarding our Services and related products, we collect your contact information such as your name, phone number, mailing addresses and email address. If you opt in to receiving our communications, we will use this information to send you communications based on your expressed interests by mail or email.
You will always have the opportunity to unsubscribe from receiving any of our e-mail or other communications at any time by contacting us at 416-361-3315 or by emailing our Privacy Officer Ann Hawley at [email protected].
If you decide to unsubscribe, we will only contact you thereafter: (i) for the purposes allowed under applicable law; (ii) to send you notices of changes to our Privacy Policy; and (iii) to receive messages related to the provision of our Services to you.
15. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change or replace this Privacy Policy in our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy. We will post the most current version on our Sites, and we will indicate at the top of this page the date this Privacy Policy was last revised. Your continued access or use of the Sites after any such changes constitutes your acceptance of the Privacy Policy as revised. If we make any material changes to this Privacy Policy, we will notify you by email to the primary email address that you have provided us or that is specified in your account, or we may also post a notice on the home page of our Sites.
16. YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY
By using our Services and providing us with your Personal Information, you agree that we may collect your Personal Information, and you voluntarily consent to the collection, use, disclosure and transfer of your Personal Information in accordance with this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use our Services or provide us with any Personal Information. If you do not understand the nature, purpose and consequences of us collecting, using and disclosing your Personal Information, please do not use our Services or provide us with any Personal Information. You may contact us at the contact information set forth below so that we can address your questions or concerns.
17. HOW TO CONTACT US
We welcome your feedback. If you have questions, comments or concerns about this Privacy Policy, or would like to do any of the following:
• See your Personal Information that you have already sent us so that you can ask us to correct, update or delete it from our files;
• Ask that we not send you electronic communications or otherwise contact you; or
• Report any violation of this Privacy Policy,
then please contact our Privacy Officer, Ann Hawley, via email at [email protected], who will endeavour to respond to you as described in Section 14 above.