Refresh Financial Privacy Policy

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