Introduction

Lendesk Technologies ULC, conducting business as Lendesk (“Lendesk”) values and respects the privacy of its clients.

This Privacy Policy informs you of Lendesk’s privacy practices regarding your use of lendesk.com (the “Site”).

 

Contents of the Lendesk Privacy Policy:

1. Scope and Accountability
2. Collection, Use and Disclosure of Client Information and Personal Information
3. Retention and Security
4. Your Choices
5. Changes to this Privacy Policy
6. Contacting Us

 

1. Scope and Accountability

This Privacy Policy governs the collection, use and disclosure of personal information and client information (each as defined below) in connection with your use of the Site. This Privacy Policy does not apply to information that is not included in the definition of “personal information” in applicable privacy statutes.

 

All employees and those working on behalf of Lendesk are responsible for following this Privacy Policy. Lendesk will not sell your information to others. Lendesk also has a Privacy Officer who is responsible for overseeing Lendesk’s compliance with this Privacy Policy.

 

Please see “Contacting Us” for information on how to contact Lendesk’s Privacy Officer.

 

2. Collection, Use and Disclosure of Client Information and Personal Information Collection

Client information means any data, including personal information, relating to you or your clients that is entered on the Site or that is stored with Lendesk or third parties engaged by Lendesk. Personal information means any information that may identify a person, such as a name, home address, telephone number, date of birth, e-mail address and social insurance number/social security number, among other things.

When you visit the Site, Lendesk may collect personal information that you provide when you:

 

Register to use the Site; or

 

Contact Lendesk.

In order to process loan applications through the Site, you will be providing Lendesk with client information. Lendesk does not control your information collection or use practices of client information. Lendesk relies on you to obtain the consent of your clients for the use of client information in the Site, as required by applicable privacy laws. At the time of collection, you are required to inform your clients of the purpose of the collection and how their personal information will be used. To the extent that you have provided Lendesk with client information that was not collected by you in accordance with the foregoing, you agree to indemnify Lendesk for any claims or potential claims made against Lendesk and relating to Lendesk’s use and storage of such client information. Such indemnification by you will extend to all losses relating to such claim that are incurred by Lendesk, including expenses.

 

Lendesk may also collect personal information during your visit to the Site through automatic data collection tools, which include web beacons, cookies, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to its website such as your browser type and language and access times. They may also collect information about your internet protocol address and mac address.

 

Lendesk may also use some of these automatic data collection tools in connection with certain e-mails sent from Lendesk and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.

We request a phone number and email address in case one of our representatives would need to reach you.

 

Uses

In addition to the specific purposes described above, certain uses of client information by Lendesk may be performed by Lendesk affiliates, service providers, agents and third parties as described below.

 

(1) Lendesk’s Use of Client Information and Personal Information

Lendesk shall ensure that the use and disclosure of client information and personal information that it receives from you is limited to the purposes described in this Privacy Policy, your agreements with Lendesk, and as required by law.

 

Lendesk may also use client information and personal information to:

identify you when you log in to your account;
enable us to provide our services to you;
verify transactions you make and for billing, security, and authentication;
analyze the Site, or the other services and information about our visitors, including research into our user demographics and user behaviour in order to improve our content and services;
aggregate (non-identifiable) statistics about users of our services to prospective partners.

 

(2) Service Providers, Agents and Third Party Uses

Lendesk retains service providers, agents and suppliers to deliver products, services and other solutions. Lendesk policies require that service providers, agents and suppliers be required by contract to keep confidential the information received on behalf of Lendesk and not use or disclose it for any purpose other than to carry out the services they are performing for Lendesk.

 

(3) Foreign Service Providers, Agents and Third Parties

Some of Lendesk’s service providers, agents and suppliers may be located outside of the country in which you are located. While personal information and client information will be subject to the laws of such jurisdictions, Lendesk’s policies require that information processed, stored or used by service providers, agents and suppliers are always subject to the protections described in this Privacy Policy. Your personal information and client information will not be disclosed to third parties except with your consent or as set out in this Privacy Policy.

If you have any questions about the collection, use, disclosure or storage of personal information by service providers outside Canada please contact Lendesk’s Privacy Officer as described below under “Contacting Us”.

 

Disclosure of Personal Information

Lendesk will not sell, rent or lease your personal information or client information to third parties.

Except as described in this Privacy Policy, Lendesk will not disclose the client information personal information you provide to Lendesk to non-Lendesk affiliates, partners or third parties without your permission, unless to: (i) respond to duly authorized information requests of law enforcement and governmental authorities; (ii) comply with any law, regulation, subpoena or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of Lendesk or its affiliates; (iv) protect the personal safety of Lendesk employees, customers or third parties; (v) assist in collecting any debt owed by you to Lendesk; or (vi) other such disclosures that are authorized, permitted or required under applicable law.

If all or part of Lendesk assets are sold or financed or if Lendesk were to merge with another company, client information and personal information in possession of Lendesk could be disclosed to the lender, buyer or merging entity, provided such client information and personal information were to be used in strict compliance with this Privacy Policy.

Lendesk retains personal information and client information for as long as it is necessary to process related transactions, maintain appropriate financial and audit records, protect Lendesk’s legitimate business interests and for as long as may be required by applicable laws.

 

All personal information and client information collected by Lendesk is protected by security measures appropriate to the sensitivity of the information.

 

4. Your Choices

 

How Lendesk Obtains Your Consent

You provide your express consent to the collection, use and disclosure of personal information and the use and disclosure of client information in accordance with this Privacy Policy when you voluntarily provide the requested information. You provide your implied consent to the use of automatic data collection tools by your continued use of the Site. In some instances, the law permits Lendesk to collect, use and disclose personal information obtained from public sources without your consent. If Lendesk obtains information from third parties other than such public sources, Lendesk requires those third parties to confirm that they have your consent to disclose your personal information for use by Lendesk.

 

Withdrawal of Consent

You have the right to withdraw your consent to the further collection, use and disclosure of your personal information and the use and disclosure of client information. If you request Lendesk to do so, Lendesk will take steps to destroy or delete client information and personal information that you have provided to us. Residual client information and personal information may remain in archived records or other historical records. In addition, Lendesk is not permitted to destroy business or accounting records of transactions that it is required to keep to: comply with statutory or other legal obligations and assert its legal rights. However, Lendesk will not use client information or personal information for other commercial purposes once you withdraw your consent.

 

The withdrawal of consent to certain uses or disclosures of client information and personal information will mean that Lendesk is no longer able to provide you with certain features of the Site.

 

You may withdraw your consent to the use of your personal information for the purpose of sending you information by e-mail by unsubscribing. Each e-mail that we send to you will provide you with the opportunity to unsubscribe.

You may withdraw your consent to the use of automatic data collection tools by managing your privacy settings on your computer, your web browser and any privacy or security software that you operate on your computer. For more information please see the instructions that accompany your computer, web browser and privacy or security software.

If you have any questions about the withdrawal of consent to online collection of personal information, you may submit a written request to Lendesk’s Privacy Officer at the address set out below under “Contacting Us”.

When submitting a request, you will be asked to provide suitable identification or to otherwise identify yourself.

Individual Access to and Correction of Personal Information

 

Lendesk strives to keep accurate information by using technology and management processes and policies. Upon receipt of a written request Lendesk will provide you with reasonable access to the client information and personal information you provided to Lendesk as well as the ability to correct the information, if necessary.

To protect your privacy and security, Lendesk will also take reasonable steps to verify your identity before releasing any information to a requesting party and before any corrections will be made. Lendesk reserves the right to request appropriate proof of the requested corrections.

 

To access the personal information provided to Lendesk an individual must submit their request in writing to the address set out below under “Contacting Us”.

 

Lendesk will refer to you any requests that we may receive for access to client information held by us on your behalf. We will also assist you wherever possible in responding to any access requests you may receive.

 

5. Changes to This Policy

Lendesk may revise this Privacy Policy from time to time. If Lendesk revises this Privacy Policy, Lendesk will post a link to the revised Privacy Policy in its entirety on lendesk-staging.mystagingwebsite.com/ to include an updated revision date. Lendesk may also notify you by other means such as sending an e-mail or posting a notice.

 

6. Contacting Us

Lendesk values your opinions. If you have a privacy inquiry, compliment or complaint, you may contact the Lendesk Privacy Officer by submitting a written request to:

 

Lendesk Technologies ULC
Attn: Lendesk Privacy Officer
PO Box 48299 Bentall
Vancouver, BC, V7X 1A1