SkyCap Financials’ Privacy Philosophy
SkyCap Financial is committed to fairly and lawfully collecting and maintaining accurate personal information and to protecting the confidentiality of all personal information that we collect, retain, use or disclose to others in the course of our business activities.
OUR CONTINUING COMMITMENT TO YOU
Protecting the privacy and confidentiality of personal information has always been fundamental to the way we do business at SkyCap Financial. We strive to meet or exceed all the privacy standards established by federal, provincial and industry authorities in all our dealings with past, current and prospective customers.
WE LIVE BY IT EVERYDAY
condition of their continuing employment, every SkyCap Financial employee
annually signs a declaration acknowledging their agreement to be bound by the
SkyCap Financial Policy of Business Conduct, which includes both references to
section obligating them to maintain the confidentiality of information both
during and after their employment with SkyCap Financial.
WHAT IS PERSONAL INFORMATION?
information is information that identifies you as an individual. It includes
your name and address, age and gender, also your personal financial records,
identification numbers including your social insurance number, personal references, and employment records.
WHAT IS IN THIS POLICY
APPLICATION OF THIS POLICY
with respect to any personal information in the possession or control of SkyCap
business as corporations, partnerships or in other forms of association. The
confidentiality of information with respect to those entities is protected at
SkyCap Financial by our adherence to the applicable laws, our contracts with
our business customers, and SkyCap Financial's other internal policies.
This Policy does, however, apply to information about officers, staff or principals of corporate clients, such as those providing personal guarantees of corporate loans.
SKYCAP FINANCIAL'S RELATIONSHIPS WITH OTHER INVESTORS / LENDERS
Financial is in the business of providing various financial services to its
customers. This includes originating, underwriting and funding loans to
borrowers, with monies that may have been provided to SkyCap Financial from
institutional lenders / investors, who contract for SkyCap Financial to provide
those services and to administer, manage, and collect payments on those loans
on their behalf and to report to them on the status of those financial assets.
Given our requirement to report to these beneficial owners of the loans, SkyCap Financial must be able to disclose to them various personal information relating to the loans. This is why our documentation, such as our applications and commitment letters, contain your acknowledgement and consent to so disclose. We do so based on that consent and in accordance with this Policy.
THE REASONABLE PERSON APPROACH
PIPEDA is really about sound information management practices. It requires an ethical, common sense, reasonable person approach to requesting, validating and maintaining personal information as a part of our business activities. Confidentiality is a sensitive topic. Many Canadians have raised concerns about the privacy of their personal information. Within SkyCap Financial we strive to understand what customers, clients and investors deem to be reasonable and then apply the principles in this Policy.
SKYCAP FINANCIAL'S PRIVACY PRINCIPLES
Financial endorses and has adopted the ten privacy principals set out in full
in Schedule 1 of PIPEDA. These ten privacy principles summarized below, embody
sound and prudent information management practices. These practices will
provide the necessary assurances that personal information obtained and
utilized by SkyCap Financial in the course of its business activities will be
accurate, held in confidence and be retained in a secure environment.
Principle 1: Accountability
SkyCap Financial takes responsibility for protecting and maintaining personal information under its control and has appointed a Privacy Officer to ensure compliance with these principles and PIPEDA.
Principle 2: Identifying the Purposes for Collecting Personal Information
SkyCap Financial will identify and disclose the reasons for which personal information is collected and used by SkyCap Financial at or before the time the information is collected.
Principle 3: Consent
SkyCap Financial will obtain an individual's informed consent for the collection, use or disclosure of personal information by SkyCap Financial, except as otherwise required or permitted by law.
Principle 4: Limits to the Collection of Personal Information
SkyCap Financial will limit the amount and type of personal information collected to that, which is necessary for its intended purposes. Personal information will be collected by fair and lawful means.
Principle 5: Limits to the Use, Disclosure and Retention of Personal Information
SkyCap Financial will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual, or as required or permitted by law. Personal information will be retained only as long as it is necessary to fulfill those purposes.
Principle 6: Accuracy
To minimize the possibility of inappropriate information being considered in its decision-making processes, SkyCap Financial will keep personal information as accurate, complete, and up-to-date as necessary for its intended purposes.
Principle 7: Safety & Security
SkyCap Financial will maintain appropriate safeguards to protect personal information from loss or theft, unauthorized access, disclosure, copying, use or modification regardless of the format in which it is retained.
Principle 8: Openness
SkyCap Financial will inform its customers, clients and employees about its policies and procedures regarding the management of personal information. SkyCap Financial will ensure that these policies and procedures are easily understood and readily available.
Principle 9: Individual Access
Upon request, SkyCap Financial will inform an individual of the existence, use and disclosure of his or her personal information and will provide the individual access to that information to verify and or update its accuracy and completeness.
Principle 10: Handling Inquiries
An individual will be able to direct an issue or concern regarding compliance with the above principles, or SkyCap Financial’s practices to SkyCap Financial's Privacy Officer or to other accountable employees.
WHAT INFORMATION DOES SKYCAP FINANCIAL COLLECT?
SkyCap Financial collects only the information that is needed for or related to the business purpose or product being requested. This personal information is obtained primarily from you.
SkyCap Financial may also obtain additional information from other sources with your consent. For example, when you apply for a loan, SkyCap Financial asks you to authorize us to obtain a credit bureau report on you, and to collect and verify your personal information with the credit bureau, your employer, personal references, and other lenders. If you do not authorize us to obtain your credit bureau report, and to verify your personal information, our standard lending practices may not allow us to provide you with a positive response to your loan request.
WHY AND WHAT TYPE OF INFORMATION IS COLLECTED
Financial wants to work with you to help you achieve your goals, to provide you
with value-added service on an ongoing basis, and to establish a lasting
relationship with you as your needs grow and change. The better SkyCap
Financial knows you, the better we are able to serve you. SkyCap Financial
therefore asks you for your personal information for the following purposes:
- To identify you, thereby protecting us both from error and fraud;
- To understand your needs;
- To determine the suitability of our products and services for you;
- To determine your eligibility for our products and services;
- To provide you with information and offers on our products and services, or those of our business associates, that SkyCap Financial believes may be of interest to you, and
- To comply with applicable laws.
are some purposes, which are self-evident. For example, if you are applying for
a loan, SkyCap Financial asks for information concerning your credit history
and for personal references, which SkyCap Financial may use to verify the
information you provided and to underwrite your loan application. SkyCap
Financial may also obtain information about you from other sources in order to
better understand and meet your needs and goals.
general, you can choose not to provide us with some or all of your personal
information. However, you must understand that if you make this choice, SkyCap
Financial may not be able to provide you with the product, service, or
information that you requested or that was or could be offered to you.
SkyCap Financial will make sure you are aware of the purposes for collecting information when you apply for any of our products or services. Self-evident purposes should be clear, but if you have any questions, just ask us. If a new purpose for using your personal information develops, SkyCap Financial will ask for your consent again.
DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF SKYCAP FINANCIAL
Financial has a strict policy of not releasing personal information about our
customers, subject to the important exceptions discussed below.
most common reason for release of your personal information is that you have
given your consent. For example, when you apply for a loan and accept our loan
agreement, you give your consent to the exchange of information about you with
a credit bureau, other credit grantors.
reasons may include if we have a legal obligation, such as a court order, or if
we need to protect assets (e.g. collection of overdue accounts) or the public's
interest. For example, we may release personal information about a customer to
legal authorities in cases of criminal activity, or for the detection and
prevention of fraud. If we release information for any of these reasons, we
keep a record of what, when, why and to whom such information was released.
not keep a record of why your personal information is disclosed to third
parties for routine purposes such as reporting regular update reports to a
credit bureau, and investors / lenders, and reporting to third parties when
cheques are returned NSF (i.e. for insufficient funds).
On occasion, SkyCap Financial may offer and/or provide disclosure of personal information to manage and promote the business activities of SkyCap Financial. Further, if the company or our affiliates, partners, nominees and third parties refer you to an independent business for a proposed transaction, then we may collect personal and other information from that independent business regarding the transaction to update your profile for use by the company and our affiliates, partners, nominees and third parties in the manner set out in our Private Privacy.
SkyCap Financial and our affiliates, partners, nominees and third parties may use this information for general and customized market analysis and research for you; and for the marketing to you of information, memberships, products, programs, and services from the company and our affiliates, partners, nominees and third parties, and also from independent businesses.
SHARING YOUR PERSONAL INFORMATION
Your personal information may be shared within our company, our affiliates,
and any third party service providers to help us with our business operations.
Specifically, to the extent permitted by law and to the extent necessary, SkyCap Financial may
share your information within SkyCap Financial, our affiliates, and third party service providers,
in order to provide loans, and other products and services. This sharing is limited to a need to know basis.
With our various departments having a more comprehensive understanding of your requirements, we
are better able to meet your needs as they grow and change.
We may also disclose your personal information if it is necessary for us to collect a debt from you, respond to an public or private assertion or allegation against us, our affiliates, and third party service providers concerning your account or where we have reason to believe that it is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and we are legally permitted to do so.
SkyCap Financial routinely collects and collates anonymous, non-personal information that is not traced back to a specific individual or business client. This includes individual and cumulative transaction and settlement records with our various investors. This type of information is considered necessary and consistent with the SkyCap Financial business activity.
EXCEPTIONS TO THE NO COLLECTION, USE OR DISCLOSURE WITHOUT CONSENT RULES
The limited exceptions, applicable to SkyCap Financial, relating to obtaining consent for the collection, use or disclosures of personal information include the following:
SkyCap Financial is authorized by PIPEDA to collect personal information without the knowledge or consent of the individual where:
1. Collection of the personal information is clearly in the interests of the individual and consent cannot be obtained in a timely manner;
2. It is reasonable to expect that collection of the personal information with the knowledge or consent of the individual would compromise the availability or accuracy of the information and the collection is reasonable for purposes of investigating a breach of an agreement or contravention of federal or provincial law; or
3. The information is publicly available and is specified by regulations issued by federal legislation.
SkyCap Financial is authorized by
PIPEDA to use personal information, without the knowledge or consent of the
individual, in circumstances including where:
1. The personal information was originally collected without consent, express or implied, and collection was clearly in the interests of the individual and consent could not be obtained in a timely manner;
2. The information was originally collected without consent, express or implied, in circumstances where collection with the knowledge and consent of the individual would compromise the availability or accuracy of the information and the collection was reasonable for the purposes of investigating a breach of an agreement or a contravention of federal or provincial law;
3. SkyCap Financial has reasonable grounds to believe the information could be useful in the investigation of a contravention of federal, provincial or foreign law, that has been, is being, or is about to be committed, and the information is used for the purpose of investigating that contravention;
4. It is used with respect to an emergency that threatens the life, health or security of an individual;
5. It is used for statistical or scholarly study or research purposes, under limited conditions approved by the Privacy Commissioner; and/or
6. The information is publicly available and is specified by the Regulations to PIPEDA.
PIPEDA authorizes SkyCap Financial to
disclose personal information without the knowledge or consent of the individual
in circumstances including if such disclosure:
1. Is made, within the Province of Quebec, to an advocate or notary or, in any other province, a barrister or solicitor who is representing SkyCap Financial;
2. Is for the purpose of collecting a debt owed by the individual to SkyCap Financial;
3. Is required to comply with a subpoena or warrant issued, or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;
4. Is made to a government institute that has identified its lawful authority to obtain the information, and which has indicated (i) it suspects the information relates to national security, the defense of Canada, or the conduct of international affairs, or (ii) disclosure is requested for the enforcement of federal, provincial or foreign law, carrying out an investigation relating to such enforcement, or gathering intelligence for the purpose of such enforcement, or (iii) disclosure is requested for the purpose of administering a federal or provincial law;
5. Is made to an investigative body or government institution on the initiative of SkyCap Financial, and relates to a breach of an agreement or a contravention of federal, provincial or foreign law; or where SkyCap Financial suspects the information relates to national security, the defense of Canada or the conduct of international affairs;
6. Is made because of an emergency that threatens the life, health or security of an individual and SkyCap Financial informs the individual without delay of the disclosure; and/or
7. Is made for statistical or scholarly study and research purposes, under limited conditions, approved by the Privacy Commissioner.
SAFEGUARDING OF PERSONAL INFORMATION
personal information is secure within SkyCap Financial. We have comprehensive
security controls to protect against and reduce unauthorized use, alteration,
duplication, destruction, disclosure, loss or theft of, or unauthorized access
to, your personal information.
Financial may use other companies to provide services to you on our behalf,
such as the printing of correspondence, storage of your files in a secured
environment or to conduct customer satisfaction surveys on our behalf. In such
cases, we will have contracts in place holding these companies to the same high
standards of confidentiality by which we are governed and requiring that any
information provided by us must be kept strictly confidential and used only for
the purposes of the contract.
Financial also has agreements in place with credit bureaus and other investors
/ lenders, which also require that any information provided by us must be
maintained in strict confidence.
Financial employs procedures to ensures the physical, organizational and
electronic security of your personal information through the use of secure
locks on filing cabinets and doors, and restricted access to our information
processing and storage areas. SkyCap Financial limits access to relevant
information to authorized employees only, and through the use of pass keys and
computer passwords and, where necessary, the encryption of electronically
SkyCap Financial has procedures in place when destroying, deleting or disposing of personal information when it is no longer required for the purposes as set out in this Policy, or by law, to prevent unauthorized access to such personal information and while no company can eliminate all breaches of security, you can rest assure that SkyCap is continually taking pro-active measures to secure all personal information.
RETENTION OF YOUR PERSONAL INFORMATION
SkyCap Financial only keeps your personal information for as long as we need it to meet the purposes set out in this Policy. The length of time we retain your personal information is also affected by: (1) the type of product or service you have from us, and (2) any legal requirements we may have to meet such as regulatory file retention periods or for being able to respond to any concerns you may have even if you are no longer a customer of ours.
PRIVACY OPT OUT POLICY
can choose not to provide us with some or all of your personal information.
This may, however, severely restrict the products and services SkyCap Financial
can then provide. You can also withdraw your consent to our use of your
personal information, as long as you give us notice in writing, addressed to:
1020 Bayridge Dr. Suite #104,
Kingston, ON K7P 2S2
your consent does not result in our or your inability to fulfill your financial
contract already in place with us; and
Your consent does not relate to a credit product we have granted to you, where we are required to collect and exchange some or all of your personal information on an ongoing basis, with other investors / lenders, or a credit bureau or to maintain the integrity of the credit-granting system and the completeness of information held by a credit bureau.
HOW YOU CAN HELP US PROTECT YOUR PERSONAL INFORMATION
If you want to review or verify your personal information, or find out to whom we have disclosed it as permitted by this Policy, you can call and speak to one of our service representatives. At that time, if it is not something that can be simply answered over the phone, we will provide you with a form to sign and will help you complete the specific information we will need from you to enable us to search for, and provide you with, the requested personal information we hold about you. We may charge you a fee to do this and will advise you of the fee in advance.
There are a few instances where we will not be able to provide the personal information we hold about you that you request. Some of these instances include, if:
- It contains references to other persons;
- It is subject to solicitor-client or litigation privilege;
- It contains our own proprietary information that is confidential to us;
- It has already been destroyed due to legal requirements or because we no longer needed it for the purposes set out in this Policy;
- It is too costly, in our determination, to retrieve;
- We are prohibited by law from disclosing to you.
- If we are unable to provide you with access to your personal information, we will explain the reason why.
Remember that in most provinces you have the right to access and verify the personal information held about you by a credit bureau. To do so, you must speak directly to the appropriate bureau.
KEEPING YOUR PERSONAL INFORMATION ACCURATE
committed to maintaining the accuracy of your personal information for as long
as it is being used for the purposes set out in this Policy. You play an active
role in keeping us up-to-date. Prompt notification of any changes, for example
to your address or telephone number, will help us provide you with the best
possible service. Should you discover, upon review of your personal
information, that amendments are required, please advise us.
If we do not agree to make the amendments that you request, you may challenge our decision. We will make a record of this challenge, which will be kept on file.
DO YOU HAVE QUESTIONS OR CONCERNS?
have privacy questions, concerns or complaints, we want them to be answered
satisfactorily or resolved as quickly as possible and ask that you follow, in
order, the following three steps.
First: Contact the person at SkyCap Financial you have
been dealing with or call our Customer Service Centre and speak to a
representative. They can usually handle most questions or concerns immediately
over the phone.
Second: If the Customer Service Representative or the
employee you dealt with is unable to resolve the matter to your satisfaction,
advise them that you wish the matter to be reviewed by the department manager
who will contact you to resolve the issue. You may be asked to put your concern
or complaint in writing.
Third: If you are still not satisfied contact SkyCap Financials’
Privacy Officer at the addressed noted above.
completion of review by SkyCap Financials’ Privacy Officer, if the above steps
fail to resolve your concern to your satisfaction, your issue may be reviewed
by the Privacy Commissioner of Canada who you may contact at any time in this
BY MAIL BY TELEPHONE/FAX
Privacy Commissioner of Canada Toll free, at 1-800-282-1376
112 Kent Street Or
Ottawa, Ontario K1A 0H2 By facsimile at 613-947-6850
Any SkyCap Financial employee who believes personal information is not being handled in accordance with this Policy should immediately so advise their manager and the Privacy Officer.
Department Managers required to resolve privacy issues (as per the second step in our privacy question and complaint handling process) shall maintain appropriate records of the same and shall report them to the Privacy Officer.
Department Managers are responsible for oversight of this Policy within their department, including establishing, implementing and regularly reviewing the
necessary procedures and standards to give effect to this Policy and to train their staff accordingly.
SkyCap Financials’ General Counsel is responsible for providing advice and assistance to the Privacy Officer and the Department Managers on appropriate compliance programs and for reviewing the effectiveness of such programs.
The Privacy Officer shall act as a resource to Department Managers in the handling of disputes and shall present a summary report annually to the Compliance and Governance Committee of the Board of SkyCap Financial with respect to unresolved privacy disputes, the nature and number of privacy issues reviewed and any recommendations with respect to privacy strategies, oversight and policies.
The Privacy Officer will assist Department Managers with developing procedures, standards, guidelines and interpretations, promoting awareness of privacy issues and developing staff training programs.
SKYCAP CANADIAN ANTI-SPAM LEGISLATION (CASL) POLICY
Regrettably, without your consent, SkyCap will not be able to provide you with financial services as SkyCap only provides financial services by electronic means.
Messages will be sent by SkyCap Financial:
1020 Bayridge Drive, Suite 104, Kingston, Ontario K7P 2S2.
You may unsubscribe at any time by following the instructions in our communications. You may also withdraw your consent by contacting us at any of the contacts listed above or by means specified in our website or agreement. Should you have any questions, please contact us.