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N-Brook Mortgage Group

Privacy Policy on the Collection, Use and Disclosure Of Personal Information

OBJECT & SCOPE OF POLICY

N-Brook Mortgage and its affiliates are committed to respecting your privacy and have prepared this memorandum to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.

This policy governs Personal Information collected from and about

  • individuals who are or may become Clients of N-Brook and
  • individuals or organizations with whom N-Brook works.
Using contractual or other arrangements, N-Brook shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to N-Brook as part of our delivery of mortgage loans, shall protect that Personal Information in a manner consistent with the principles articulated in this policy.

This policy does not cover aggregated data from which the identity of an individual cannot be determined. N-Brook retains the right to use aggregated data in any way that it determines appropriate.

In the event of questions about: (i) access to your Personal Information; (ii) N-Brook collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact:

Paul McGil
100-2020 Winston Park Drive
Oakville, Ontario
L6H 6X7
pmcgill@n-bgroup.com

THE COLLECTION, USE & DISCLOSURE OF PERSONAL INFORMATION

For the purposes of this Policy:

“Client” means an individual who has applied for a mortgage or has borrowed from N-Brook;

“Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.

Your provision of Personal Information to N-Brook means that you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy. If you do not agree with these terms, you are requested to take those steps necessary not to provide any Personal Information to N-Brook. Unfortunately, certain services can only be offered if you provide Personal Information and consequently, if you choose not to provide us with any required Personal Information, N-Brook may not be able to offer you those services.

N-Brook, its affiliates, employees, funding partners and third party servicers may use personal information for the purposes assessing and granting credit and for the administration and collection of any resulting loan or mortgage.

N-Brook's use of Personal Information is limited to these purposes. N-Brook does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no personal information is collected about an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.

Personal information will be collected, to the extent possible, directly from the individual concerned and credit reporting agencies and other lenders. N-Brook does not knowingly collect Personal Information from anyone under the age of 18 and does not use such information if N-Brook discovers that it is has been provided by a minor.

Personal Information may also be transferred to another company in the event of a change of ownership of all or part of N-Brook or the sale of select assets.

N-Brook may disclose Personal Information of Clients to organizations that perform services on its behalf. This will only be done if such organizations agree to use such information solely for the purposes of providing services to N-Brook and, with respect to that information, to act in a manner consistent with this policy.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where N-Brook is obliged to disclose information without consent. Such circumstances may include:

  • Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal; Where N-Brook believes, based upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group; Where it is necessary to establish or collect monies owing to N-Brook;
  • Where it is necessary to permit N-Brook to pursue available remedies or limit any damages that N-Brook may sustain; or
  • Where the information is public.
ACCURACY

N-Brook endeavours to ensure that any Personal Information provided by Clients and in its possession is as accurate, current and complete as necessary for the purposes for which N-Brook uses that data. N-Brook is not however obligated in any way to verify the completeness or accuracy of any Personal Information beyond what it determines to be adequate at its sole discretion. Information contained in files that have been closed is not actively updated or maintained.

RETENTION

N-Brook retains Personal Information as long as N-Brook believes it is necessary to fulfill the purpose for which it was collected and for legal or business requirements. N-Brook’s policy is to destroy all Personal Information not required by N-Brook at the earliest opportunity convenient to our business processes.

SECURITY

N-Brook endeavors to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.

N-Brook further protects Personal Information by restricting access to it to those Employees and Contractors that the management of N-Brook has determined need to know that information in order that N-Brook may provide its services to Clients.

ACCESS TO PERSONAL INFORMATION

N-Brook permits access to and review of Personal Information held by N-Brook about an individual by the individual concerned.

If an individual believes any Personal Information concerning that individual is not correct, that person may request an amendment of that information by sending a request to the person indicated in Section 1 of this Policy. N-Brook reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. Where not required to be retained by the Firm, an individual may also request that N-Brook delete an individual's Personal Information from N-Brook's system and records. However, due to constraints of computer technology and the fact that N-Brook backs up its systems, Personal Information may continue to reside in N-Brook's systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from N-Brook's systems in response to an accepted request for deletion.

N-Brook reserves the right to decline access to Personal Information where the information requested:
  • Would disclose the Personal Information of another individual or a deceased individual;
  • Would disclose confidential business information that may harm N-Brook or the competitive position of a third party;
  • Is subject to solicitor-client litigation privilege;
  • Could reasonably result in: (i) serious harm to the treatment or recovery of the individual concerned; (ii) serious emotional harm to the individual or another individual; or (iii) serious bodily harm to another individual;
  • May harm, or interfere with, law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions; Is not readily retrievable and the burden or cost of providing such information would be disproportionate to the nature or value of the information; or
  • Does not exist, is not held, or cannot be found by N-Brook.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Where information will be disclosed, N-Brook will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.

N-Brook will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which the information is amended, the purpose for which the information is used, and the nature of the information.

To guard against fraudulent requests for access, N-Brook will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.

AMENDMENT OF PRACTICES AND THIS POLICY

This statement is in effect as of April 16, 2009. N-Brook will from time to time review and revise its privacy practices and this policy. Any future amendments to N-Brook privacy policy may be assessed by review of this web site.


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