Refresh Financial

Effective Date: September 23, 2021

General Terms of Use

The following General Terms of Use, together with the Privacy Policy and any Additional Terms (both as defined below), constitute a binding legal agreement between you and Borrowell Inc. Please review these terms of use, the Privacy Policy and Additional Terms before using any Services (as defined below) or relying on information obtained from or through Borrowell Inc. These Terms of Use include important disclaimers and limitations with respect to Refresh Financial’s liability, as well as an agreement to resolve disputes through binding arbitration and a waiver of your ability to participate in a class action or other representative legal proceedings.

You should carefully review these Terms of Use and, if you do not agree with them, you should exit the Refresh Financial website and cease using any Services immediately.

1. General

1.1 Definitions

“Additional Terms” – means the additional terms, conditions and policies, excluding the Terms of Use and the Privacy Policy, which are applicable to services and features offered by Refresh Financial and which are posted separately from these Terms of Use, including (without limitation) the terms and conditions of any customer contracts associated with any financial product account established for you by Refresh Financial.

“Refresh Financial”, “we, “us”, or “our” – means the group of Refresh Financial companies and their respective partners, associates, affiliates, and subsidiaries, as they may exist from time to time, including but not limited to, Borrowell Inc. and Refresh Solutions Inc.

“Privacy Policy” – means the Refresh Financial Privacy Policy.

“Services” – means all products and services owned and/or operated by Refresh Financial, including all software, tools, features, functions, data, and content which Refresh Financial makes available from time to time through its website at www.refreshfinancial.ca and any other websites or applications which it operates.

“Terms of Use” – means these Refresh Financial General Terms of Use.

“Third Party Content” – means content that may available from or through a Refresh Financial website or other communications medium but which is supplied by a party that is not affiliated with any Refresh Financial controlled entity.

1.2 Application of Other Refresh Financial Terms of Use and Policies

By accessing and using the website and other services provided by Refresh Financial, you agree to be bound by these Terms of Use, the Privacy Policy and any applicable Additional Terms. In the event of any conflict between these Terms of Use and the Privacy Policy, the Privacy Policy will govern. In the event of any conflict between these Terms of Use and any Additional Terms, the Additional Terms will govern.

2. Your Use of the Services

2.1 Means of Access

The Refresh Financial websites are generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Refresh Financial websites, be aware that the Refresh Financial websites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the Refresh Financial websites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Refresh Financial.

Certain parts of the Refresh Financial websites may be protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Refresh Financial websites, or to any other protected materials or information, through any means not intentionally made available by Refresh Financial for your specific use.

2.2 Password Security and Notification

If you have a username and password for access to non-public areas of the Refresh Financial websites, you are solely responsible for all activities that occur in connection with your username. Accordingly, you should take steps to protect the confidentiality of your password. You must Refresh Financial immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

2.3 Prohibited Uses

Because all servers have limited capacity and are used by many people, do not use Refresh Financial websites in any manner that could damage or overburden any Refresh Financial server, or any network connected to any Refresh Financial server. Do not use Refresh Financial websites in any manner that would interfere with any other party’s use of the Refresh Financial websites.

2.4 Your Consent Re Additional Services

By accessing and using the Services, you expressly consent to receiving information regarding products and services offered by Refresh Financial and/or its partners which may be of interest to you. This consent will continue until such time as your consent is withdrawn in accordance with the applicable provisions of the Privacy Policy.

2.5 Limitations on Investment Guidance and Professional Advice

You acknowledge that the Refresh Financial websites are not intended to provide legal, tax, investment or accounting advice and that nothing on Refresh Financial’s websites should be construed as an offer to sell, a solicitation of an offer to buy or a recommendation for any products or services made available by Refresh Financial or any third party. The information made available by or through Refresh Financial should only be used for your own personal information and educational purposes. Certain planning tools or money management tips made available on the Refresh Financial websites may provide general investment and/or financial educational content based on your input. You are solely responsible for determining whether any investment strategy, money saving strategy, debt management strategy, security or related transaction is appropriate for you based on your personal debt levels, investment objectives, financial circumstances and risk tolerance. You should consult with your own legal, accounting or tax professional regarding your specific situation.

2.6 Your Compliance with Applicable Laws

You agree to comply with all applicable laws at all times while accessing or using the Services. You are not permitted to access or use such services in or from any foreign jurisdiction if it would violate any applicable laws of that jurisdiction or if it would cause Refresh Financial or any Third Party Content Provider to become subject to any applicable laws of that jurisdiction. You are not permitted to access or use the Services in a manner that infringes the rights of any third party.

2.7 Parents/Guardians of Minors

If you are under the age of majority in your jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms of Use and has guaranteed your adherence to these Terms of Use.

2.8 Updates

You acknowledge and agree that the Refresh Financial websites and the Services accessible through such websites are under continual development and may include either public updates, which a generally available to all users, or private updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public updates from time to time in order to continue to access the Refresh Financial websites and Services. You acknowledge and agree that the Refresh Financial may update, modify, replace and/or discontinue any aspect of its websites and the Services with or without prior, or any, notice to you. You acknowledge that it may be necessary for you to update or upgrade third party software from time to time in order to continue to access the Refresh Financial websites and the Services.

2.9 Use of “Cookies”

Refresh Financial reserves the right to store information on your computer and/or device in the form of a “cookie” or similar file for purposes of modifying the website to reflect your use and preferences. The Privacy Policy provides additional information regarding our use of cookies and similar files as well as procedures for disabling cookies.

2.10 Assessment of Your Credit and Other Information

Refresh Financial may use information provided by you and/or by third parties, including (without limitation) your credit score and other personal financial information and preferences, to assess, analyze, arrange and present various products, services, tools, features, offers, information and other content to you. Any assessments, analyses, estimates, projections or similar information made available to you through the Refresh Financial websites and Services are provided solely for your personal illustrative, informational and educational purposes. The methods, algorithms and criteria used to assess your information and select the various products, services, tools, features, offers, information and other content which may be made available to you is a proprietary trade secret of Refresh Financial and may be applied by us in any manner in our sole discretion.

These proprietary methods, algorithms and criteria are generally not disclosed to, endorsed by or required by the providers of any Third Party Content. The Third Party Content which may be made available to you at any particular time may differ from Third Party Content that is made available to others and from Third Party Content that may be made available to you at other times. To the extent that any Third Party Content may include offers with respect to various products or services, there can be no assurance that you will receive any such offers, that you will be eligible to receive such products or services or that such products or services will meet with your satisfaction. Whether you choose to pursue an offer from a third party will be up to you and Refresh Financial will not apply on your behalf for any product or service offered by a third party without your prior consent.

3. Content

3.1 Timeliness of Content

All content on the Refresh Financial websites are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

3.2 Third Party Content

The Refresh Financial websites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets and other subjects, some of which will be Third Party Content. On the Refresh Financial websites, the source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content may be protected by copyright pursuant to local and/or international law or treaties and is owned or licensed by the Third Party Content provider(s) credited.

Refresh Financial has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give debt management advice or investment advice.

While Refresh Financial makes every attempt to provide accurate and timely information to serve the needs of users, neither Refresh Financial nor the Third Party Content providers guarantee the accuracy, timeliness, completeness or usefulness of any Third Party Content, and they are not responsible or liable for any such content, including (without limitation) any advertising, products or other materials on or available from third party websites. Third Party Content is provided for informational purposes only and Refresh Financial and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on or through any Refresh Financial website. You agree to use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Ownership and Intellectual Property Rights

4.1 Copyright, Linking and Trademarks

Refresh Financial’s websites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the content of any Refresh Financial sites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and Refresh Financial have expressly agreed otherwise in writing, links from another web site to a Refresh Financial site must resolve to the top-level homepage of the Refresh Financial domain (www.refreshfinancial.ca).

In order to avoid confusion, if you do link from another website to a Refresh Financial website top-level homepage, your website, and the link itself, may not (i) suggest that Refresh Financial endorses, sponsors or is affiliated with any non-Refresh Financial website, entity, service or product or (ii) make use of any Refresh Financial trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the Refresh Financial websites belong to Borrowell Inc. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

4.2 Infringing Content

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Refresh Financial with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
• An identification of the allegedly infringing material, and a description of where that material is located on the Refresh Financial website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Claims of copyright infringement can be delivered to Refresh Financial by mail to Borrowell Inc., PO Box 25151 Mission Park RPO, Kelowna, B.C., V1W 3Y7 or by email to care@refreshfinancial.ca.

5. Disclaimers, Limitations of Liability and Indemnification

5.1 Disclaimers

THE SERVICES, AND ANY OTHER INFORMATION AND SERVICES PROVIDED BY OR THROUGH US, ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, IN RESPECT THEREOF. WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES IN RESPECT OF SUCH SERVICES AND OTHER INFORMATION WILL BE CORRECTED. WE HEREBY DISCLAIM ON BEHALF OF REFRESH FINANCIAL ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR OTHERWISE) IN RESPECT OF THE SERVICES AND ALL OTHER INFORMATION AND/OR CONTENT PROVIDED BY OR THROUGH THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, LEGAL TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM YOUR USE OF THE SERVICES AND ANY OTHER INFORMATION OFFERED BY OR THROUGH REFRESH FINANCIAL AND/OR FROM YOUR DEALINGS WITH ANY THIRD PARTY.

REFRESH FINANCIAL DOES NOT WARRANT THAT THE REFERESH FINANCIAL WEBSITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. REFRESH FINANCIAL ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE REFRESH FINANCIAL WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE REFRESH FINANCIAL WEBSITES WILL MEET YOUR EXPECTATIONS.

CERTAIN JURISDICTIONS PROHIBIT RESTRICTIONS AND EXCLUSIONS OF CERTAIN WARRANTIES. NOTHING IN THIS SUBSECTION IS INTENDED TO AFFECT ANY WARRANTIES THAT CANNOT BE RESTRICTED OR EXCLUDED IN SUCH JURISDICTIONS, TO THE EXTENT SO PROHIBITED BY APPLICABLE LAWS.

5.2 Limitation of Liability

REFRESH FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE REFRESH FINANCIAL SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

REFRESH FINANCIAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WE DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

THE MAXIMUM AGGREGATE LIABILITY OF REFRESH FINANCIAL TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR INVOLVING YOUR USE OF OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE SERVICES AND ANY RELATED INFORMATION AND CONTENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, SHALL BE THE LESSER OF (i) THE AMOUNT CONTEMPLATED BY THE APPLICABLE ADDITIONAL TERMS (IF ANY) AND (ii) FIFTY CANADIAN DOLLARS (CAD$50.00).

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

5.3 Indemnification

As a condition of your use of the Refresh Financial websites, you agree to indemnify and hold Refresh Financial and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Refresh Financial websites, or from your violation of these Terms of Use.

6. Dispute Resolution and Arbitration

6.1 General

All disputes between you and Refresh Financial or otherwise involving the Services and/or the Third Party Content shall be fully and finally resolved through binding arbitration pursuant to the provisions set forth in this Section 5. Without limiting the foregoing, this includes all claims arising out of or otherwise relating to these Terms of Use and your dealings with Refresh Financial, whether such claims are based in contract, tort, fraud, statutory liability or any other theory of liability. All questions relating to the interpretation, applicability, enforceability of these Terms of Use and the agreement to arbitrate contained herein shall also be determined exclusively through arbitration. YOU AND REFRESH FINANCIAL MUTUALLY AGREE THAT YOU HAVE EACH WAIVED THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE BETWEEN YOU.

6.2 Arbitration Rules

All disputes between you and Refresh Financial or otherwise involving the Services and/or the Third Party Content shall be fully and finally resolved through binding arbitration pursuant to the Domestic Commercial Arbitration Shorter Rules of Procedure (as amended or replaced) of the British Columbia International Commercial Arbitration Centre before a single arbitrator, except as otherwise expressly set out in these Terms of Use.

6.3 Language and Venue

The language of the arbitration shall be English. Unless otherwise mutually agreed by the parties in writing, the arbitration shall take place in Kelowna, British Columbia.

6.4 Exclusion of Class Actions and Other Representative Proceedings

YOU AND REFRESH FINANCIAL MUTUALLY AGREE THAT YOU HAVE EACH WAIVED THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND THAT EACH PARTY MAY ONLY PURSUE A CLAIM AGAINST THE OTHER PARTY IN THEIR INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. Unless otherwise expressly agreed in writing by you and Refresh Financial, the arbitrator in any arbitration proceedings is prohibited from consolidating the claims of more than one party or otherwise hearing any form of class action or other representative proceeding.

6.5 Exceptions

Notwithstanding any other provision of this Section 5, either party may: (i) seek injunctive relief in a court of competent jurisdiction in aid of arbitration, (ii) seek injunctive relief in respect of unauthorized use of the Services or any intellectual property infringement claim or (iii) file a complaint with any applicable federal, provincial, territorial, state or other regulatory authority where otherwise permitted by law.

7. General Provisions

7.1 Termination

Refresh Financial may terminate and/or restrict your access to the Refresh Financial websites for any reason, without prior notice.

7.2 Governing Law

These Terms of Use and their enforcement are governed by the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles.

7.3 Entire Agreement

These Terms of Use, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between Refresh Financial and you in respect of your use of the Services, the Third Party Content and any other information or services provided by or through Refresh Financial.

7.4 Modifications to Terms of Use

Refresh Financial may modify these Terms of Use at any time. All such modifications will be posted on this web page. We may require you to reaffirm your acceptance of the Terms of Use with respect to certain modifications. It is your responsibility to review the most current version of the Terms of Use whenever you use the Services. By using the Services, you agree to be bound by the then current version of these Terms of Use, the Privacy Policy and any applicable Additional Terms.

7.5 Assignment and Enurement

Refresh Financial may assign its rights and obligations under these Terms of Use at any time without notice to you. You may not assign any of your rights or obligations under these Terms of Use by any means or for any reason without the prior express written consent of Refresh Financial, which consent may be withheld in our sole and absolute discretion. The rights and obligations of the parties under these Terms of Use shall enure to, and be binding upon, the parties and their respective heirs, executors, administrators, successors and permitted assigns.

7.6 Waiver

No waiver on behalf of any party of the application of, or any breach of, these Terms of Use shall be effective or binding upon such party unless the same shall be expressed in writing and any waiver so expressed shall not limit or affect such party’s rights with respect to any other application of, or any breach of, these Terms of Use.

7.7 Severability

If any provision of these Terms of Use is determined by an adjudicator of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

7.8 Interpretation

The division of these Terms of Use into articles, sections, clauses and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof. The provisions of these Terms of Service shall be construed against Refresh Financial on the basis that such provisions have been prepared by or for Refresh Financial and any associated contra proferentum principles are hereby excluded.

Effective Date: September 23, 2021

1. General

1.1 Our Commitment to Protecting Your Privacy

We, at Refresh Financial, value your privacy and we strive to ensure that our customers are aware that their privacy is of the utmost importance to us. We collect, use and disclose personal information about our customers to enable us to establish and manage the relationship necessary to provide services to you. While Refresh Financial places a high priority on the protection of personal information shared with us by our customers, legislation is in place that governs how personal information must be managed and protected. We are committed to complying with the legislation. We want you to understand why and how we collect, use, disclose, retain and secure your information.

1.2 Definitions

“collection” – the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including sources other than the Individual to whom the Personal Information belongs.
“Consent” – voluntary agreement to the collection, use or disclosure of Personal Information.
“disclosure” – making Personal Information available outside Refresh Financial.
“identified purposes” – means the purposes identified in this Policy.
“Individual” – any person.
“Personal Information” – means information about an identifiable Individual. Personal Information does not include information that cannot be associated with a specific Individual and, where permitted by Privacy Legislation, does not include business contact information when such information is being collected, used or disclosed for purposes authorized by Privacy Legislation.
“Privacy Legislation” – means all applicable laws that govern the collection, use, and disclosure of Personal Information, including but not limited to the Personal Information Protection Act (British Columbia) and associated regulations as amended from time to time; and the Personal Information Protection and Electronic Documents Act (Canada) and associated regulations as amended from time to time, as applicable.
“Privacy Officer” – means the Privacy Officer of Refresh Financial.
“Refresh Financial”, “we”, “us”, or “our” means the group of Refresh Financial companies and their respective partners, associates, affiliates, and subsidiaries, as they may exist from time to time, including but not limited to, Borrowell Inc. and Refresh Solutions Inc.
“use” – the treatment, handling, management and retention of Personal Information.

1.3 Scope

Refresh Financial is a financial services company and provides affordable credit rebuilding loans to Canadians. This Policy applies to each of the entities which are collectively defined as “Refresh Financial” in section 1.2 above. This Policy does not impose limits on the collection, use or disclosure of Personal Information without consent where that collection, use or disclosure is in accordance with or otherwise authorized by the Privacy Legislation or other applicable law.

1.4 Scope of Accountability

Refresh Financial is responsible for Personal Information in its custody and under its control, and has designated a Privacy Officer who is generally accountable within the organization and is responsible for our compliance with this Policy, and for ensuring that the Policy complies with the Privacy Legislation.

2. PURPOSES FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

2.1 Purposes Identified at Time of Collection

We identify the purposes, through either direct explanation (i.e. this Privacy Policy, verbally over the phone, etc.) or use of other notification means, for which we collect Personal Information at or before the time of collection from an Individual, and collect only that information necessary for such identified purposes.

2.2 New Purposes

When we wish to use or disclose Personal Information already collected from you for a new purpose, we will identify the new purpose prior to such use or disclosure and obtain Consent at that time, unless such use or disclosure without Consent is permitted or required by law.

2.3 Purposes Limited

We ensure that the purposes for collection, use and disclosure of Personal Information are limited to, and reasonably required by, our business, and which a reasonable person would consider appropriate in the circumstances. Some of the purposes for which we collect, use and disclose Personal Information are:

• To create and maintain an effective business relationship;
• To verify identity and other information provided by customers and third parties, including employers and financial institutions;
• To open, administer and service accounts and loans;
• For quality assurance purposes such as the recording of telephone calls to our call centers;
• To facilitate account, billing, credit, collection and/or customer services;
• To provide financial services to our customers, including credit scores;
• To avoid and investigate fraud and identity theft;
• To evaluate current and ongoing creditworthiness and other requirements and to determine eligibility or suitability for products or services offered by Refresh Financial;
• To report to credit reporting agencies;
• To further develop, enhance and market products and services offered by Refresh Financial, which may include contacting you to offer you additional products, services or other special promotions or programs;
• With your consent, to enable our affiliates and partners to provide information about their products and services that may be of interest to you;
• To understand customer needs and preferences, which may include contacting our customers to ask them to participate in a survey regarding our programs and services;
• To meet legal, regulatory, insurance and audit requirements;
• In connection with the proposed or actual financing, securitization, insuring, sale, assignment, or other disposal of all or part of our business or assets (including your loan and any agreement to which it relates), for the purposes of evaluation and/or performing a proposed transaction; and
• To protect, manage and promote Refresh Financial’s business and operations, as authorized by you or otherwise permitted by Privacy Legislation.

2.4 Specific Purposes

Collection of Credit Score and Related Information. When you apply or register for, order or use certain products or services provided by Refresh Financial, we may, with your prior consent, obtain your credit score and related information from a credit reporting agency to process or fulfill the transaction, and we may also use the credit score and related information to update your confidential profile for use by us as set out in this Privacy Policy. Upon your request, we will give you the name and address of the credit reporting agency that furnished such information. You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your Personal Information in accordance with this Privacy Policy may request information related to your credit score for any legitimate purpose associated with your application to them and you agree that we may provide such information to them with your prior consent. Referred Transactions. If we refer you to an independent business (e.g. a car dealer or a mortgage broker) for a proposed transaction (e.g. a car purchase or mortgage), then we may, with your prior consent (i) disclose your Personal Information (including your credit score and related information) to the independent business to facilitate the proposed transaction and (ii) collect from you and/or that independent business information regarding the transaction to update your confidential profile for our use as set out in this Privacy Policy. We have no control over, or responsibility or liability for, the use, disclosure or retention of your Personal Information by the independent business, and the use, disclosure and retention of the disclosed information by the independent business is not subject to this Privacy Policy.

2.5 Collection of Computer Information from Website

When you use refreshfinancial.ca (our “Website”), we automatically collect certain computer information generated from your interaction with our Website. We collect the following information: Cookies. Our Website uses “cookies” and other technologies to enhance your online experience, including personalizing the content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access features on our Website correctly or at all. We never place Personal Information in Cookies. Automatic Information. In the interest of providing our visitors and clients with a secure online experience, our servers automatically record information when you visit our website, including the URL, IP address, browser type and language, and the date and time of your request. We use all of this information to analyze trends among our users to help improve our Website. Remarketing. Our Website uses “Google Adwords” products from time to time to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, may use cookies to serve ads based on someone’s past visits to our Website. You can set preferences for how Google advertises through your Google Account. Google Analytics. Our Website uses “Google Analytics” to collect information about the use of our Website. Google Analytics collects information such as how often users visit our Website, what pages they visit when they do so, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, rather than your name or other identifying information and we do not combine the information collected through the use of Google Analytics with any other Personal Information in our custody or control. Although Google Analytics uses cookies to identify you as a unique user the next time you visit our Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use: http://www.google.com/analytics/terms/us.html. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser: https://tools.google.com/dlpage/gaoptout. Our Website may contain links to other websites of interest. These other websites are not governed by our Privacy Policy and we are not responsible for any Personal Information which you provide while visiting other websites. We encourage you to read the privacy policy of every website you visit.

2.6 Other Websites and Businesses

Our Website and correspondence (including emails and messages) may include advertisements for products and services (e.g. car sales or mortgages) offered by independent businesses (that may have a financial relationship with Refresh Financial) or links to websites operated by independent businesses (e.g. car dealers or mortgage brokers). We have no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your Personal Information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your Personal Information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain Personal Information, please contact the owner or operator of the website, service or business.

3. CONSENT FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

3.1 Types of Consent

We may seek Consent in various ways, depending on the circumstances and the type of information collected, including, for example, using an application form and/or a check-off box, collecting oral consent (when information is collected over the telephone or otherwise in person), or implied consent (such as when you access our Website or otherwise request information or services from us).

3.2 Withdrawal of Consent

An Individual may withdraw Consent at any time, on reasonable notice, subject to legal or contractual restrictions. We will inform the Individual of the implications of such withdrawal, which in some cases may be an inability for Refresh Financial to continue to provide services to the Individual.

3.3 Exceptions to Requirement for Consent

The Privacy Legislation sets out specific circumstances under which Refresh Financial may collect, use or disclose Personal Information without the knowledge or Consent of the Individual and, in such circumstances, Refresh Financial reserves the right to not obtain Consent from such Individual. Further, Refresh Financial may create and collect non-personal information (information that is not about an identifiable individual), including Personal Information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. We may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with or otherwise becomes Personal Information, then we will treat such information as Personal Information for the purposes of this Privacy Policy.

4. LIMITING COLLECTION, USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION

4.1 Collection

Refresh Financial limits both the amount and type of Personal Information collected to that which is necessary to fulfil the identified purposes. We may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, email or the internet. By providing your Personal Information to or otherwise corresponding with Refresh Financial via email you acknowledge that you are aware that email is not a secure form of communication. Furthermore, with your consent or as otherwise permitted by Privacy Legislation, we may collect or disclose Personal Information to/from other sources including, but not limited to our partners. The type of Personal Information we collect and maintain, may include, but is not limited to:

• customer name and contact information, including mailing address, telephone number, fax number and/or email address;
• additional information for identity matching and credit check purposes, such as occupation, name of employer, names and contact information for references, assets, liabilities, income, previous address, number of dependents, Social Insurance Number (if provided), date of birth or driver’s license number;
• information about the account or loan, such as current and historical information, balance and indebtedness, account transaction history and similar information and records relating to the handling of any inquiries or complaints;
• payment-related information such as banking information; and
• such other information that is necessary for our identified purposes and that is collected with your consent or as permitted or required by law.

4.2 Use and Disclosure

Subject to section 4.5 Refresh Financial limits the use and disclosure of Personal Information to those identified purposes, unless the Consent of the Individual has been obtained for other use and disclosure, or if the use and disclosure is permitted or required by law. Unless we have your explicit consent to do so, we will not sell, rent or lease your Personal Information to third parties. There are some instances where Refresh Financial may disclose your Personal Information to fulfill regulatory and legislative obligations and to conduct our business in the ordinary course. In those instances where we do provide information to third parties, we provide only that Personal Information that is required in the circumstances and that may be disclosed with your Consent or otherwise pursuant to applicable law, and we include various provisions in our contracts that have been designed to protect privacy and security of your Personal Information. Third parties may include, but are not limited to: (a) a collection agency for the purpose of collection of accounts payable; and (b) a service provider that has been engaged by Refresh Financial to perform certain services for us, which may include partners, consultants and suppliers to Refresh Financial. We may further use or disclose your Personal Information without your consent, in the following circumstances: (a) as permitted or required by applicable law or regulatory requirements; (b) to comply with valid legal processes such as search warrants, subpoenas or court orders; (c) during emergency situations or where necessary to protect the safety of a person or group of persons; or (d) any other circumstances permitted or required under Privacy Legislation.

4.3 Retention Limited

Refresh Financial has developed guidelines for the retention of Personal Information, which include minimum and maximum retention periods in compliance with the Privacy Legislation and other applicable laws. The underlying principle of these retention guidelines is to keep Personal Information only as long as remains necessary or relevant for the identified purposes; and as required by law.

4.4 Service Providers

Subject to section 4.5 we may from time to time, transfer Personal Information to third parties that perform services on our behalf, including but not limited to processing or storage of data. These third party service providers are obligated to process such information in compliance with this Privacy Policy and other appropriate security and confidentiality measures. We do not authorize these third parties to use or disclose Personal Information for their own marketing or other purposes. Some of these service providers may be located outside of the province in which you reside and may be located outside of Canada, in jurisdictions such as the United States of America, where Personal Information in their possession or control may be subject to the lawful access requirements of the jurisdiction in which it is being held. If you have any questions about our use of service providers, please contact our Privacy Officer, as set out below.

4.5 Facebook Advertisements

We may run advertising campaigns on Facebook, allowing a Facebook user to provide their email address or other user information to us (“Lead Ads”). In accordance with Facebook’s applicable policies, we will only use the Lead Ad Data in accordance with the terms of this Privacy Policy, the Facebook Platform Policy and the Facebook Advertising Policies, any Offer Terms contained in the Lead Add, consents provided by you, any additional terms and conditions agreed to by the Facebook user when agreeing to provide Lead Ad Data to us through the Lead Ads, and applicable laws, rules and regulations (including all applicable data privacy, advertising, telemarketing or other laws).

5. ACCURACY, CORRECTION, AND ACCESS

5.1 Accuracy

We endeavor to keep Personal Information in our custody and control accurate, complete, and up-to-date as this will allow us to provide the best service to our customers. Our customers can assist us by ensuring that the information they provide to Refresh Financial is current and accurate.

5.2 Correction Requests

Individuals may make a request to correct or amend Personal Information held by Refresh Financial. The request must be made in writing and provide sufficient detail to allow Refresh Financial to identify the Personal Information, and the correction being sought. If the Individual successfully demonstrates that the Personal Information is inaccurate, incomplete, or otherwise in need of change, we will correct the Personal Information, as required, and send the corrected Personal Information to any third party to which we disclosed the Personal Information in the prior year or as otherwise required by law. If no correction is required to be made, we will note the request for correction and annotate the file accordingly. For clarity, the requirement for a correction or amendment request to be made in writing does not pertain to requests to change contact information such as address, telephone number or email address. These changes may still be made over the telephone by contacting one of our customer service representatives. Please note that all of the credit score information we display comes straight from TransUnion. If you notice inaccuracies or errors in the information related to your credit score, you may need to file a dispute with TransUnion (https://www.transunion.ca/assistance/credit-report-disputes).

5.3 Access Requests

An Individual may make a request for access to his or her Personal Information in the custody or control of Refresh Financial. The request must be made in writing and provide sufficient detail to allow Refresh Financial to identify the Personal Information they desire access to. Refresh Financial will: a) inform the Individual of the existence, use and disclosure of his or her Personal Information, as requested; b) provide the Individual with access to the requested Personal Information, subject to statutory exemptions; and c) respond to the Individual within the time limits prescribed by the Privacy Legislation. Additionally, where required by Privacy Legislation, access will be given to those portions of voice recordings that constitute Personal Information. Note that recorded content may contain confidential commercial information and, to the extent permitted by applicable law, access to such information may be declined for commercial proprietary reasons.

5.4 Fees for Access

Where we are entitled to charge a fee in order to implement the access request, we will advise the Individual of the amount of the fee and other information required by law.

6. SECURITY

6.1 Security Safeguards

To protect Personal Information, regardless of the format in which it is held, against loss or theft, unauthorized access, collection, disclosure, copying, use, or modification, we have implemented reasonable security safeguards which are appropriate to the sensitivity of the information that has been collected, the amount, distribution, format of the information, and the method of storage. The methods of protection used include, but are not limited to:

• physical measures, for example, locked filing cabinets and restricted access to offices and data centres;
• organizational measures, for example, limiting access on a “need-to-know” basis; and
• technological measures, for example, the use of passwords and encryption.

7. UPDATES

7.1 Updates to Privacy Policy

We may change this Privacy Policy from time to time by posting a new version of this Privacy Policy on our Website. Our collection, use, disclosure and retention of your Personal Information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with a us after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your Personal Information as set out in the changed Privacy Policy. Accordingly, we encourage you to periodically review this Privacy Policy to be informed of the latest changes.

8. COMPLIANCE AND CONTACTS

8.1 Complaint or Question to Privacy Officer

An Individual can submit a complaint or question in writing to the Privacy Officer concerning our compliance with the above principles and our Privacy Policy. We will receive and respond to inquiries or concerns/complaints about our policies and practices relating to the handling of Personal Information.

8.2 Privacy Officer Contact Information

All inquiries should be in writing and addressed to the Privacy Officer as follows:

Privacy Officer PO Box 25151 Mission Park RPO Kelowna, British Columbia V1W 3Y7 Email: privacy@refreshfinancial.ca