Privacy Policy

Last updated: August 13, 2021

PURPOSE

Symple (Canada) Financial Group Ltd. (we, us, our) comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”). We recognise and acknowledge that protecting the privacy of individuals’ personal information is important and required under PIPEDA.

This policy explains:

  • how we protect the privacy of personal information we collect.
  • the purposes for which we may use and disclose personal information we collect.
  • how we may use and disclose personal information we collect.
  • how individuals can seek access to and correction of personal information we hold about them, lodge complaints with us in respect of how we handle personal information we hold about them and to make any related inquiry.

We reserve the right (at our discretion) to modify, amend or to replace this policy from time to time. Where we modify, amend or replace this policy, we will post the new version of the policy to our website in place of the superseded policy, and we will use reasonable efforts to draw your attention to the new version of the policy (including through the use of alerts on the front page of our website). We recommend that you regularly check our privacy policy to ensure that you are familiar with the current version of our policy.

Our policy should also be read in conjunction with our credit reporting policy, which sets out how we collect, use, disclose and generally handle credit related information, and our statement on notifiable matters. You can access these documents via our website at the following URL: www.sympleloans.ca.

SCOPE

We require that our staff comply with this policy in relation to the personal information they handle. We also use our best efforts to ensure that contractors, suppliers and service providers we engage from time to time comply with similar obligations with respect to any personal information to which they may have access, or which may be disclosed to them.

We may collect personal information from any individual with whom we may have contact. These include job applicants, representatives from current and prospective suppliers, borrowers and lenders.

The policy outlined here sets out, in general terms, how we handle and protect the personal information of any individual which we collect or which is disclosed or made available to us in the course of us undertaking our usual business functions and activities.

TYPE OF INFORMATION WE COLLECT

For the purposes of this policy, personal information is information or opinion that identifies an individual or which could reasonably identify the individual, regardless of whether the information or opinion is true or not.

It may include (but not be limited to) the individual’s name, address, telephone number, email address, age and date of birth. It may also include financial information concerning the individual, such as occupation, income and expenses, assets and liabilities, as well as transaction history.

Further, we may collect and handle credit information. We will collect, handle and process credit information in accordance with our credit reporting policy and the obligations imposed by PIPEDA and provincial consumer reporting legislation.

Credit information is a subset of personal information about an individual’s credit worthiness, including information about an individual’s eligibility to be provided with consumer credit, and their capacity to repay consumer credit. This may include (but not be limited to):

  • consumer credit liability information
  • repayment history information
  • a statement that an ‘information request’ has been made
  • the type and amount of credit sought in an application, in connection with which the credit provider has made an information request;
  • default information;
  • payment information;
  • court proceedings information;
  • personal insolvency information;
  • certain publicly available information that relates to an individual’s activities in Canada and credit worthiness; and
  • the opinion of a credit provider that the individual has committed a ‘serious credit infringement’

HOW WE COLLECT YOUR PERSONAL INFORMATION

We only collect personal information using lawful and fair means. We will not collect personal information unless the information is reasonably necessary for one or more of our functions or activities.

We may collect personal information about an individual from a variety of sources, using a variety of means, including:

  • a form that is completed and submitted to us.
  • a telephone or email inquiry about us or the services that we provide.
  • mail correspondence, emails and other electronic means (including by accessing our websites and through the use of the “contact us” form on our website).
  • through publicly available sources of information.
  • from job applicants and staff members.
  • direct contact in the course of us providing our services.
  • in the course of conducting market research.
  • from credit reporting bodies and other credit providers (for credit information).
  • from credit reporting bodies and identification service providers for identification agencies.
  • in the course of providing our services, including to borrowers and to lenders.
  • from current and prospective suppliers of goods and/or services to us.

Subject to the foregoing, to the extent reasonably practicable and reasonable for us to do so, we collect personal information about an individual directly from that individual. Additionally, we will only collect personal information when we specifically request that information, except in circumstances where personal information is volunteered to us or otherwise supplied to us without us asking for such information.

DEALING WITH US ANONYMOUSLY AND PSEUDONYMOUSLY

You have the option of not identifying yourself or of using a pseudonym when dealing with us in relation to a particular matter.

However, the foregoing would not apply in relation to that matter if we are required or authorised by or under Canadian law, or a court or tribunal order, to deal with individuals who have identified themselves concerning that matter.

Additionally, if it is impracticable for us to deal with individuals who have not identified themselves or who have used a pseudonym on a particular matter, then we would not be required to provide you with the option to engage with us on an anonymous or pseudonymous basis concerning that matter.

For example, if you choose to interact and deal with us on an anonymous or pseudonymous basis, or if you do not provide us with personal information when requested, we may be unable to provide you with all of the products and/or services that you seek from us.

Further, we reserve the right to verify your identity as part of our response to a request to access and/or correct personal information we hold about you, or as part of our complaints-handling process. If we are unable to verify your identity, or you continue to engage with us in an anonymous or pseudonymous basis, then we may be unable to satisfy your request or complete our complaints-handling process.

The purposes for which we collect, use and disclose personal information

As a general principle, and in accordance with our statutory obligations, we generally use personal information only for the primary purpose(s) for which we collected the information, or any secondary purpose that is related (in the case of any sensitive information we collect, directly related) to the primary purpose for which you would reasonably expect us to use the collected information, or as otherwise permitted by law.

We will take reasonable steps to make you aware of the purpose(s) for which the personal information collected may be used at or before the time of collection.

We may use and/or disclose personal information collected about an individual for one or more of the following purposes:

  • to operate the peer-to-peer lending platform we have established.
  • to assess applications to become a borrower through our peer-to-peer lending platform.
  • to assess applications to invest in the managed investment scheme that is operated by us or on our behalf.
  • to respond to you if you have requested information.
  • to verify your identity, address and age.
  • to manage your scheduled repayments and one-off repayments with direct debit companies.
  • to compile statistical information regarding activities on the platform we have established (including, but not limited to, credit scoring information).
  • to prevent and to defend against potential fraudulent and other unlawful conduct.
  • to provide services to borrowers and to lenders.
  • to process transactions and to administer customer accounts.
  • to comply with our legal obligations under relevant statutes that apply to us.
  • to comply with our contractual obligations under relevant contracts that may directly or indirectly benefit the individual from whom we have collected the information.
  • to send information updates, marketing materials and newsletters to current and prospective borrowers and lenders and other individuals who have consented (either expressly or impliedly) to receive such information and materials provided that they have not opted out from receiving such information and materials.
  • to seek the participation of current and prospective borrowers and lenders and other individuals (on a voluntary basis) in advertising campaigns, events, launches, testimonials and focus groups.
  • to improve our services, the lending platform we operate, our website, our other means of communicating with our current and prospective lenders and borrowers and our customer experience generally.
  • to directly market the lending platform, the services we offer to borrowers and to lenders, and the investment opportunity to lenders

To whom we may disclose your personal information

We may disclose personal information we collect to third parties but only on an as-needs basis and in order to facilitate the fulfilment of one or more purposes for which we collected the information, or any secondary purpose related to the primary purpose for which we may be permitted to disclose such information by law.

We may disclose personal information to any of the following groups:

  • any of your employers, former employers, referees, banks, landlords, accountants, lawyers and financial advisers; service providers to us (including debt collection agencies, introducers, private investigators, professional advisers);
  • our agents, service providers and contractors (including, for example but without limitation, to our agents, service providers and contractors in order to enable them to perform services under contract with us which may directly or indirectly benefit the individual from whom the information was collected);
  • to current and prospective borrowers, where we are required to disclose personal information under contracts we have entered into with any of the borrowers;
  • to current and prospective lenders, where we are required to disclose personal information under contracts we have entered into with any of the lenders;
  • to our related bodies corporate;
  • to marketing providers, in order to facilitate the provision of services designed to market us, the platform and the services we provide;
  • to third party service providers in order to assist with your loan enquiry, and help you find an appropriate loan provider to suit your needs;
  • government departments and agencies, for the purpose of facilitating our compliance with our statutory obligations.

We may disclose personal information (including sensitive information and credit information) about an individual when required by law or court order, or other governmental order or process to disclose, where we believe in good faith that the law compels us to so disclose the information.

Additionally, we may disclose personal information (including sensitive information and credit information) where we are required to do so as a result of any obligations we owe under any contract.

Where we engage third parties to provide products and/or services to us, then those third parties may have access to personal information (including sensitive information and credit information) that we hold about individuals.

We do not authorise those third parties to use or to disclose any personal information we may disclose or allow the third parties to access, except for purposes related to their provision of products and/or services to us, and to otherwise complete their obligations they owe to us.

We use reasonable efforts to ensure that those third parties maintain the privacy of such information we disclose or make available to them and we use reasonable efforts to ensure that those third parties destroy or de-identify the information when the information is no longer required by the third party.

Without limiting the foregoing, we may disclose individual’s personal information to our business partners and to our advisers, including (but not limited to) auditors, financial services and insurance companies, and to our professional advisers (including our legal and accounting advisers) for them to complete their obligations owed to us under agreements that we have entered into for the purpose of undertaking or furthering our business operations and our activities.

We may disclose personal information if it is reasonably necessary to do so in order to identify, contact or bring legal action against a third party, or to defend an action brought against us by a third party.

Personal information we have collected and hold may be disclosed to third parties in the event we offer to sell and/or sell our business and/or our assets, or shares in us or in our related entities are sold or offered for sale, at or before the time of a merger, acquisition or sale.

We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data. Please contact us at the address listed below under “Contact Details” if you would like to receive further information about our policies on the use of any service providers located outside of Canada to collect, process or store your personal information.

Direct marketing

We may directly market the platform, the investment opportunity and the services we provide to you on the basis that you would reasonably expect us to do so, but only where we have already collected your personal information directly from you.

Where we collect information about an individual from a party other than the individual concerned, then we will not use or disclose that information to directly market to that individual unless that individual consents to receiving such communications (such consent may be express or implied).

In directly marketing the platform, the investment opportunity and the services, we will comply with other laws relevant to marketing, including Canada’s anti-spam legislation, the Unsolicited Telecommunications Rules, the Competition Act, provincial consumer protection and consumer reporting legislation and the Business Corporations Act (Ontario).

All electronic direct marketing communications which we send will include an easy opt-out procedure if at any time you wish for us to stop sending you marketing communications.

Security

We strive to ensure the security of personal information we collect and hold. We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification and disclosure.

We regularly review and update our physical and data security measures in light of current technologies and current and predicted future threats to information security. Unfortunately, no data transmission over the Internet or over mobile data and communications services can be guaranteed to be totally secure.

In addition, our employees and contractors who provide products and/or services to us or who have access to personal information we collect and hold are obliged to respect the privacy of any personal information we hold.

We do everything reasonable within our power and control to prevent unauthorised use or disclosure of personal information we collect and hold. However, to the maximum extent permitted by law, we are not responsible for events arising from unauthorised use of or access to personal information except to the extent that such unauthorised use or access is as a result of our failure to comply with our legal obligations concerning the steps taken to secure the personal information we collect and hold.

Additionally, in accordance with our statutory obligations, we will take reasonable steps to destroy or to de-identify personal information when the information is no longer required for the purpose(s) for which the information was collected.

Where we destroy or de-identify personal information, we will endeavour to do so via a secure means.

Quality of the personal information we hold

We take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.

However, the accuracy of the information we hold largely depends on the accuracy of the information supplied to us or which we collect. If at any time you discover that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, please contact us to correct the information.

Accessing and correcting personal information we hold

Where we hold personal information about an individual, subject to PIPEDA, that individual is entitled (upon request) to access the personal information we hold about that individual.

Where we receive a request to access the personal information we hold about an individual, we will respond within a reasonable time period. Unless it is unlawful or impracticable for us to do so, we will generally provide access to the requested information in the manner requested.

Under PIPEDA, we are entitled to charge a reasonable fee to cover our costs incurred in providing access to the personal information we hold about an individual.

We reserve the right to verify the identity of the person making the access request, to ensure that we do not inadvertently release or disclose personal information to an individual not entitled to access such information.

Further, we reserve the right to redact information we make available in response to an access request, to protect the privacy of other individuals.

We may from time to time refuse to provide access to the information we hold about an individual, in accordance with PIPEDA. Where we refuse access, we will explain the reasons for the refusal in writing and provide details in relation to the relevant complaint process.

As noted above, we take reasonable steps to ensure that the information we collect, hold, use and disclose about an individual is complete, up-to-date and accurate. However, if at any time you believe that personal information we hold about you is incorrect, incomplete, outdated or inaccurate, you have the right to request that we amend such personal information. If we refuse the correction request, we will provide written reasons and information about the complaints process should you not be satisfied with our reasons.

Where information about you is correct and the information has previously been disclosed to third parties, we will take reasonable steps to notify third parties of the correction.

Lodging a complaint

If you wish to complain about an alleged breach of the privacy of your personal information, or if you wish to complain about any other aspect of how we handle your personal information, you may make a complaint to us. The complaint should be made in writing to us and addressed to the attention of our privacy officer. The details of our privacy officer are set out below.

We will promptly acknowledge receipt of your complaint and we will endeavour to deal with your complaint and to provide you with a response within a reasonable time period following our receipt of your complaint (generally within 30 days of receipt).

Where the complaint requires a more detailed investigation, it may take longer to resolve. If this is the case, then we will provide you with progress reports.

We reserve the right to verify your identity and to seek (where appropriate) further information from you in connection with your complaint.

Where required by law, we will provide our determination on your complaint to you in writing.

Please note that, in accordance with PIPEDA, your right to access is not absolute.  We may refuse your request as permitted by PIPEDA, including in situations where the requested information is protected by solicitor/client privilege or where the requested information would reveal confidential commercial information.

If you are not satisfied with the outcome of your complaint, you may write to us seeking an internal review of our decision. Such internal review will be completed by an officer not previously involved in the investigation or resolution of your complaint.

If you remain dissatisfied following the outcome of our internal review, you may escalate the complaint to the Office of the Privacy Commissioner of Canada.

Contact Details

In relation to any query, concern or complaint as to how we comply with our privacy obligations, please direct such communications to the following:

Symple (Canada) Financial Group Ltd.
Attn: The Privacy Officer
[email protected]

Website Terms of Access & Use

PURPOSE

Symple (Canada) Financial Group Ltd. (we, us, our) provides a platform (Platform) via www.sympleloans.ca and its subdomains (Website) which facilitates peer to peer lending transactions between users that are members (Lenders) of the Symple Loans Platform (Scheme) and users that borrow via the Platform (Borrowers).

The Platform, the Website and the Scheme together comprise the Symple Loans Services. It is important to note that our site as well as our services are not available to customers who are not Canadian residents.

These terms and conditions of access to and use of the Website (Terms and Conditions) constitute an agreement between us and the person who accesses or has accessed our Website (you, your). By making an application to create a customer account in accordance with the procedures established on this Website, you are deemed to have read, understood and accepted these Terms and Conditions.

We reserve the right to amend these Terms and Conditions from time to time. We will use our reasonable efforts to draw your attention to such amendments (including by placing a notice of the amendment on a reasonably prominent position on the Website, together with a link to the amendments to the Terms and Conditions).

Notwithstanding the foregoing, it remains your responsibility to periodically review these Terms and Conditions to ensure that you agree with them.

You acknowledge and agree that your continued use of the Website (including the Platform) after any changes to these Terms and Conditions will be deemed by us to be your acceptance of the amendment.

If we amend these Terms and Conditions between the time you make an offer to borrow funds from a Lender and the time that the offer is accepted or processed, the offer and any loan made further to it will be subject to these Terms and Conditions as they were before we amended the Terms and Conditions.

Access to and use of the website

You agree to the following:

  1. you will refrain from using (either directly or through a third party) any tool or other automatic device or process (automated process) to process, monitor, copy or extract any web-pages on the Website, or any of the information, content or data, contained within or accessible through the Website, without prior permission;
  2. you will refrain from using any automated process to combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
  3. you will refrain from using any software or any process to interfere with or attempt to interfere with the proper working of the Website or the Platform or any transaction or process conducted on or through it;
  4. to the maximum extent permitted by law, you will refrain from reverse engineering or attempting to discover source code or other algorithm or process in respect of the software underpinning the infrastructure or processes associated with the Website and Platform;

Creation and maintenance of your customer account

You agree to the following:

  1. in order to use the Platform and to access and to use certain components of the Website, you must set up a user account via the Website (your account).
  2. when you register your account with us and create your profile you will need to provide us with certain information. This includes your name, email address and other information we may request you provide for the purposes of registering your account.
  3. when you register your account with us, we will provide you with, or allow you to select, a unique password to combine with your email address submitted to us as your username (login credentials).
  4. when you have registered your account with us, we will notify you of the randomly generated unique user code (Account Number) that we will use in all correspondence with you.
  5. it is your responsibility to maintain the confidentiality and privacy of the login credentials and, to the maximum extent permitted by law, you are responsible for all activities that are conducted through your account under your Account Number whether or not you have authorised such activities (we recommend that you change your password regularly and comply with our recommendations on the composition of the passwords that we may make from time to time).
  6. your account and your continued right to access and to use the Website and the Platform are personal to you and you must not authorise others to use or access your account.
  7. in creating and maintaining your account, you will provide us with accurate, complete and current information and you will update such information using the tools we make available through the Website.
  8. you must not establish more than one account with us, except where you wish to act in different capacities.
  9. we may suspend or terminate one or more of your accounts and your access to the Website and to the Platform if you are ineligible to be a Borrower, you establish or seek to establish more than one account (except where permitted under these Terms and Conditions) or if any of the information you provide to us during the process of creating your account or thereafter is inaccurate, incomplete or not current.
  10. subject to us complying with our legal obligations under relevant privacy laws, you authorise us, at any time, to use any means that we consider to be necessary to verify your identity with any third party providers of information using the information that you have provided to us from time to time (including information that you disclose to us during the creation of your account).

Use of the website

You agree to the following:

  1. you will only access and use the Website and the Platform in accordance with these Terms and Conditions and all applicable laws.
  2. you may be held personally liable by us for any damage we suffer as a result of your access to or use of the Website and/or the Platform contrary to these Terms and Conditions or any applicable law.
  3. we reserve the right to terminate your access and use rights (including your account(s)) if you fail to comply with these Terms and Conditions and all applicable laws in relation to the access and use of the Website and the Platform.
  4. you must refrain from submitting any content to us via the Website or the Platform that is inaccurate, misleading, false or deceptive or otherwise contrary to law or regulation (including defamatory, discriminatory, abusive, inflammatory, threatening, offensive, obscene, libellous or racially vilifying content, or content that comprises spam, promotes a product or commercial service, or solicits a business or otherwise breaches confidentiality, privacy or third party rights).

Use of the website and platform by borrowers

Where you wish to access and use the Website and the Platform, as a Borrower, the following provisions of these Terms and Conditions apply to you, and you agree to the following:

  1. before you are able to enter into a Loan Agreement with a Lender via the Platform, we will undertake a process which may include a review by us of your credit information that is held by credit reporting bodies, an analysis of your income and expense information (details of which you provide to us) and verification of your information with third parties (which may include your employers, details of which you provide to us, and other credit providers).
  2. in obtaining a loan via the Platform, you may be required to pay certain charges and fees to us for your loan. We may charge these fees and charges to you at the establishment of the loan, over the course of the loan or a combination of both. These fees and charges will be specified in your Loan Agreement.
  3. to apply for a Loan, you must:
    1. answer any additional questions that we ask you and agree to undergo and to complete the identity verification and credit underwriting process;
    2. read and agree to the privacy statement and electronic communication (your consent); and
    3. agree to us using the information that we have collected and a credit scoring system when assessing your Loan Application.
  4. after we have determined your Loan Application, we will notify you whether you are eligible to borrow through the Platform.

You may terminate your registration as a Borrower at any time by notifying us through the Website or by contacting us by phone or via email. If your registration is terminated or suspended, these Terms and Conditions and any Loan Agreement to which you are party will continue to apply in respect of any existing Loans to which you are a party when the termination or suspension takes effect.

Offers to borrow

Where you have successfully completed the Loan Application, you are entitled to make an offer to borrow funds (Borrowing Offer) from a Lender via the Platform, provided you agree to the following:

  1. a Borrowing Offer will only be valid and open for acceptance if it is made in accordance with these Terms and Conditions and will only remain valid and open for acceptance until the Borrowing Offer is terminated in accordance with these Terms and Conditions or you withdraw the offer in accordance with these Terms and Conditions.
  2. in making a Borrowing Offer, you represent and agree that, once we receive the Borrowing Offer, you make the acknowledgments and declarations set out in the Loan Agreement, you offer to be bound (and if your Borrowing Offer is matched with one or more lending offer) will be bound, by the Loan Agreement, and you offer to have your direct debit payments processed in relation to the payment of amounts under the Loan Agreement.
  3. you may not nominate any Lender(s) to be matched to any of your Borrowing Offers.
  4. we will not identify you to any Lender unless required by law to do so.
  5. if we permit you to make a Borrowing Offer and we subsequently have reason to believe or to suspect that you were at the time of making the Borrowing Offer, in breach of these Terms and Conditions, we reserve the right (at our discretion) to terminate your Borrowing Offer and any additional Borrowing Offers made by you on the Platform and to require you to immediately repay any outstanding loans you have entered into via the Platform.
  6. you have the right to withdraw any Borrowing Offers before they are matched in accordance with the process set out on the Website.
  7. your withdrawal of a Borrowing Offer takes effect when we successfully receive and process your instruction to withdraw.
  8. until such time, you acknowledge that your Borrowing Offer may be accepted.
  9. if your Borrowing Offer is partially or fully matched, you may be unable to withdraw such Borrowing Offer.

Settlement

Subject to these Terms and Conditions, your Loan will be settled when funds are disbursed into your account. At settlement, we will collect the funds that make up the Loan Amount from the Lender(s) and deposit the Loan Amount into the Advance Account and, as authorised by you, we will deduct an amount equivalent to our applicable fees and charges and transfer it to our fee account (in satisfaction of your obligation to pay those applicable fees and charges) and then transfer the balance of the Loan Amount to your Nominated Account or as directed by you.

Interest rates

The following provisions apply to interest rates charged to a borrower under a Loan Agreement:

  1. the annual percentage rate that applies to a Loan made via the Platform (Borrower Rate) will be as set out in the Loan Agreement.
  2. if you obtain a Loan which is a variable rate loan via the Platform, then the Borrower Rate may change in order to ensure that the correct interest amount is charged across the Loan’s term, which may result in both increases and decreases in your Borrower Rate over the term of your Loan.

Processing of offers

  1. You must inform us as soon as you become aware of any errors with respect to any calculations with respect to any Borrowing Offers you have placed. We reserve the right to remove from the Platform any Borrowing Offers which contain or subject to any error.
  2. We reserve the right to refuse to post your Borrowing Offer on the Platform without notice to you.
  3. At our discretion, we may determine when the Platform is available for the submission of Borrowing Offers. At our discretion, we may suspend the Platform at any time.
  4. Borrowing offers may only be created using the Platform in accordance with these Terms and Conditions. Any purported acceptance or confirmation made by means other than through the Platform will be ineffective.

Loan repayments

  1. As a Borrower, you must repay the Loan by making repayments set out in the Loan Contract. Refer to your Loan Contract for further details.
  2. If you miss or anticipate that you may be in a position where you might miss a repayment you should contact us as soon as possible. We will inform you of the procedures that will apply and your options.

Collection service

  1. We reserve the right (either ourselves or through a third party) to undertake a collection and enforcement service (Collection Service) in respect of your Loans.
  2. The Collection Service includes but is not necessarily limited to: (a) monitoring all payment obligations under each Loan Agreement; (b) taking appropriate steps to contact you for payment arrears; and (c) taking appropriate recovery action where there is a payment default.

Disclaimer of warranties

  1. While we use our reasonable efforts to ensure that the Platform and the Website meets your needs and objectives, you must rely on your own judgment as to the fitness and suitability of the Platform and the Website for your particular purpose.
  2. Except for applicable non-excludable consumer guarantees, rights or warranties under consumer laws (Consumer Guarantees), we do not give any warranties or guarantees in relation to the Platform or the Website.
  3. Nothing in these Terms and Conditions should be taken as excluding, restricting or modifying any Consumer Guarantee as described above that we are prohibited by law from excluding, restricting or modifying. To the maximum extent a Consumer Guarantee applies, and where the relevant service is not of a kind ordinarily acquired for personal, domestic or household use) our liability to you for a breach of that Consumer Guarantee is limited, as far as the law permits, to the re-supply of the service of the cost of re-supply.
  4. To the maximum extent permitted by law, we exclude all liability for all indirect and consequential damages, loss of income, loss of profit, loss of revenue, loss of opportunity, and interruption of business.

Limitation of liability

  1. You acknowledge and agree, in respect of us and our directors, officers, employees, agents and contractors (Relevant Persons) that:
    1. to the maximum extent permitted by law, none of the Relevant Persons will be liable in respect of:
        1. any failure to provide the Platform or the Website or to otherwise comply with these Terms and Conditions, if the failure or non-compliance is caused by events beyond our reasonable control;
        2. failing to exercise reasonable skill, care and diligence in determining your eligibility to borrow on the Platform;
        3. failing to display on the Website, failing to withdraw or failing to match any prospective Borrower with a Lender, or any Borrowing Offer which you submit to us;
        4. any loss or damage that you may suffer due to any matter beyond our reasonable control, including any act of God, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of any telecommunication services, or any other delay or failure caused or contributed to by a third party (in which case we reserve the right to suspend or cancel the Platform and the Website without liability to you); or
        5. to achieve any funding in respect of a Borrowing Offer;
    2. the liability (if any) of any Relevant Person in relation to any Loan will be limited to the amount of the relevant fees and charges actually received by us in respect of that Loan.
  2. We agree to take all reasonable steps to assess the suitability of the Platform and this Website for your needs, but you acknowledge and agree that you do not rely on our skill or judgment as to the suitability (or otherwise) of the Platform and the Website for your specific needs, in terms of providing a service through which you can seek to have loans funded.
  3. While we agree to use our reasonable efforts to ensure that the Platform and this Website are available on a 24x7x365 basis, there may be times where access to and use of the Platform and this Website will be disabled for a period of time, for periods of scheduled or unscheduled maintenance. We will use our reasonable efforts to communicate to you in advance of any period of scheduled maintenance and we will use our reasonable efforts to restore access to and use of the Platform and Website as soon as reasonably possible following the outage or unavailability of the Platform or Website.

Intellectual property rights

  1. The trade marks, service marks and logos (Trade Marks) used in this Website are the property of us or our licensors and you may not copy, reproduce, adapt or transmit any Trade mark in any form without our prior written consent and/or the consent of our licensors.
  2. Our website address [insert Canadian URL] is our uniform resource locator (URL). You must not make use of this URL, or any other URL owned, controlled or used by us, on another website or digital platform without our prior written consent.
  3. The Website, its associated layout and design, and the content on the Website, are our exclusive property. No part of the Website may be copied, reproduced, adapted, transmitted or published, and no work may be derived from the Website (or any part of the Website) without our prior written consent. If you believe that any material that resides or is accessible on or through the Website infringes a copyright, please send us a notice of copyright infringement containing the following information:
    1. the claimant’s name and address and any other particulars that enable communication with the claimant;
    2. identification of the work or other subject-matter to which the claimed infringement relates;
    3. a statement of the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
    4. the location data for the electronic location to which the claimed infringement relates;
    5. specification of the infringement that is claimed; and
    6. specification of the date and time of the commission of the claimed infringement.

The notice may not contain an offer to settle the claimed infringement, including by way of hyperlink, to such an offer; or a request or demand, made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information.

If the notice is non-compliant with the foregoing requirements, we are not obligated to pass the notice on to the alleged infringer.

If a proper bona fide infringement notice is received by us, it is our policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Website or materials thereon. 

Notice of claims of copyright infringement should be provided to us via email to [email protected] or via mail to the following address: 

Attn: Legal Notices

161 Bay Street, Suite 2700, Toronto, ON M5J 2S1

  1. You agree to assign to us your right title and interest in and to the data comprising your Borrowing Offers (including the intellectual property rights in the data comprising your Borrowing Offers). As between you and us, we own all right title and interest in and to the price data and related content on the Platform. Except as otherwise set out in these Terms and Conditions, your registration and use of the Platform confers no rights whatsoever to the content and related intellectual property rights in our Platform. You agree not to monitor, use, copy, scrape or otherwise exploit the intellectual property rights in any content on the Platform, including without limitation any price data.
  2. We reserve our rights to take such action as we deem appropriate and reasonable in the circumstances to protect the intellectual property rights in the Website and the Platform which may include (but not be limited to) seeking urgent interlocutory relief without notice to you to prevent an anticipated, suspected or actual breach of these Terms and Conditions.
  3. Notwithstanding the foregoing, we grant to you a non-exclusive, fully paid up, revocable licence of the intellectual property rights in the Website, the Platform and the Trade Marks to enable you to access and to use the Website and the Platform, including the functionality and services provided via the Website and the Platform. This licence is automatically revoked when you cancel your registration or when your right to access and to use the Website and the Platform are terminated.

Assignment

  1. You acknowledge and agree that, to the maximum extent permitted by law, you are not entitled to assign or novate your rights or obligations owed under these Terms and Conditions without our prior written consent, but we may assign our rights and obligations to a third party without notice to you.

Application of terms and conditions

  1. These Terms and Conditions apply to your access to and use of the Website and the Platform, regardless of the means you utilise in order to access and use the Website and Platform.
  2. You agree to accept and to be bound by any other of our terms and conditions (which we will publish on our Website from time to time) granting you access to and the right to use the Platform, including those relating to any related mobile telephone or smart device application or for a licence to an Application Programming Interface (API) we release in relation to the Platform. Unless otherwise notified by us to you, and to the maximum extent permitted by law, any such terms and conditions are incorporated by reference into these Terms and Conditions.

Privacy

  1. We collect, hold, use, disclose and otherwise process personal information collected from individuals in accordance with our privacy policy and our credit reporting policy.
  2. You can access copies of these documents via our Website by following the relevant links. Alternatively, you may contact us to request copies of these documents to be provided to you at your nominated email address.

Termination

  1. If a party fails to comply with any provision of these Terms of Use, or if a party (being an individual) dies or becomes of unsound mind or an Insolvency Event occurs in relation to a party, then, except as otherwise provided by law, that party is in default.
  2. In these Terms and Conditions, an Insolvency Event means any of the following events:
    1. in respect of a party that is a corporation:
        1. a receiver, receiver and manager, trustee, other controller or similar official is appointed over any of the assets or undertakings of the party;
        2. the party suspends payment of its debts generally or the party is or becomes unable to pay its debts when they are due;
        3. the party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;
        4. the party ceases to carry on business or threatens to cease to carry on business;
        5. a resolution is passed or steps are taken to appoint, or to pass a resolution to appoint, an administrator; or
        6. an application or order is made for the winding up or dissolution of the party or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of the party, otherwise than for the purpose of an amalgamation or reconstruction that has the other party’s prior written consent;
    2. in respect of a party who is an individual, the party becomes bankrupt or enters into any arrangement or composition with his/her creditors or proposes to do so.
  3. If a party is in default under these Terms and Conditions and the default is as a result of a failure to comply with any provision of these Terms and Conditions, then the non-defaulting party may serve a written notice on the party in default (Default Notice) specifying the default and the expenses attributable to the default (including proper and reasonable legal costs) and stating that the agreement formed under these Terms and Conditions will be terminated without further notice unless the default is remedied and all the expenses are paid by a specified date (being not less than 14 days from the date of service of the Default Notice).
  4. If the Default Notice is not complied with by the specified date, the agreement is immediately at an end and no further notice is necessary.
  5. If a party is in default by virtue of an Insolvency Event or by virtue of the party’s death or incapacity, then the non-defaulting party may immediately terminate the agreement by written notice to that effect on the party in default.
  6. The rights of the non-defaulting party under these Terms and Conditions are in addition to any other rights or remedies that party may have at law or otherwise.
  7. You have the right to terminate the agreement by written notice to us at any time.
  8. Where you have any outstanding Borrowing Offers listed on the Website or on the Platform at the effective date of termination, such Borrowing Offers remain valid until they are removed from the Website and Platform by us. We are not liable to you for any loss or damage you may suffer or incur as a result of any Borrowing Offers being accepted by a Lender in the period following the effective date of termination. We will use reasonable efforts to remove all your Borrowing Offers from the Platform and Website as soon as reasonably practicable following the effective date of termination.
  9. The termination of these Terms and Conditions do not affect your existing obligations under any Loan Agreement to which you are a party.

Governing law and jurisdiction

  1. These Terms and Conditions are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein and any dispute arising out of the operation of these Terms and Conditions will be heard and resolved in the exclusive jurisdiction of the courts of the province of Ontario.

Notices

  1. Subject to these Terms and Conditions, any notice (which includes, without limitation, a demand, request, consent, approval and any other communication made, required or authorised under these Terms and Conditions) given under these Terms and Conditions must be in writing and directed to the recipient’s email address which is, in relation to notices you send to us, as set out in these Terms and Conditions and, in relation to notices we send to you, as set out in your application form (as amended from time to time).
  2. A notice given in accordance with the foregoing is taken to be received by the recipient when it enters the information system designated by the recipient for receiving notices and becomes capable of being retrieved and processed by the recipient. 
  3. Any notice received after 5.00pm in the place of receipt or on a day that is not a Business Day is taken to be received by the recipient at 9.00am on the next Business Day.
  4. In proving that a notice given by email has been received by the recipient, it is sufficient to produce an acknowledgment or receipt that the email has reached the recipient’s email address.

Waiver

  1. A failure of a party at any time to require performance of any obligation under these Terms and Conditions is not a failure of that party’s right to claim damages for breach of that obligation or at any time to require performance of that or any other obligation under these Terms and Conditions, unless written notice to that effect is given in accordance with these Terms and Conditions.
  2. Waiver of any provision of or right under these Terms and Conditions must be in writing and given by or on behalf of the party entitled to the benefit of that provision or right and is effective only to the extent set out in the written waiver.

Severance

  1. You and we agree that a construction of these Terms and Conditions that results in all provisions being enforceable is to be prepared to any other construction.
  2. If, despite the application of the foregoing, a provision of these Terms and Conditions is illegal or unenforceable: (a) if the provision would not be illegal or unenforceable if a word or words were omitted, that word is or those words are omitted; and (b) in any other case, the whole provision is omitted, and the remainder of these Terms and Conditions continue in force.

Further acts

Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms and Conditions.

Party preparing document not to be disadvantaged

No rule of contract interpretation must be applied in the interpretation of these Terms and Conditions to the disadvantage of one party on the basis that it prepared or put forward these Terms and Conditions or any document comprising part of these Terms and Conditions.

Definitions and interpretation

In these Terms and Conditions:

Advance Account means the bank account we operate into which funds are to be transferred by us from Lender(s) when a Borrowing Offer is matched, and from which we transfer funds into your Nominated Account at Settlement.

Borrower means a natural person who has registered as a borrower with us.

Business Day means a day (other than a Saturday or a Sunday) on which banks are open for business in Toronto, Ontario.

Collection Service means a service that we operate in order to collect on overdue repayment amounts pursuant to these Terms and Conditions.

intellectual property rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Loan means the Loan Amount lent to a Borrower, via the Platform, and where applicable includes the amount of all compounded and capitalised interest.

Loan Agreement means, in relation to a Loan, the agreement under which that Loan is made, pursuant to which the Loan Amount is advanced to you at settlement in accordance with these Terms and Conditions.

Loan Amount means, as the context requires, the amount that you wish to borrow as set out in the relevant Borrowing Offer or the total amount of the Loan at settlement (inclusive of the fees and charges deductible by us at settlement) as set out in the Loan Agreement.

Electronic Terms and Conditions

Last updated: July 2021

Symple (Canada) Financial Group Ltd., carries out all transactions through electronic communications in accordance with any applicable laws.

By signing up for electronic communications with Symple Loans, you consent to using electronic means to agree, or bind you to, your legal obligations and to receiving all communications relating to your loan electronically. Please note that if you do not consent to receiving electronic communications from Symple Loans we may be unable to provide the services you request or may be unable to provide you with a loan.

By consenting to using electronic communications to agree or accept the terms and conditions that apply to your loan, our offers to you and any other documents, you will be taken to have signed those documents.

This consent and authority will apply to all communications permitted to take place electronically by law including, but not limited to, account statements, notices and disclosure documents we are required to give you in relation to your account or any notices from us to you. Symple Loans will rely on this consent to communicate with you by any means we choose to, including through our website www.sympleloans.ca or via the email address that you have provided us. You will need to notify Symple Loans if your email address, or any other contact details, change.

Where you agree to receive communications electronically, Symple Loans will no longer be required to send you any relevant notice or document (including your Loan Agreement) in paper form. It is your responsibility to print or save all communications received from Symple Loans.

Anti-spam filters and hardware and software requirements

It is your responsibility to ensure that you maintain appropriate software and hardware to receive, access and save any electronic communications (this includes ensuring that any electronic communications we send to you are not blocked by any anti-spam software or firewall software).

It is also your responsibility to protect and safeguard your login credentials (including your username and password). You should not provide these details to any third party.

Symple Loans has procedures in place to handle any written or verbal complaints received from clients in a fair and prompt manner. The following is a summary of those procedures: How to file a complaint with Symple loans*
  1. We encourage you to speak with a customer service representative at Symple Loans via email or by phone.
  2. If your complaint remains unresolved after following step one (1), the customer service representative will escalate your complaint to the Consumer Complaints Officer. You may make your complaint directly to the Consumer Complaints Officer at:
Symple Loans* Office of the Consumer Complaints Officer 161 Bay Street, Suite 2700, Toronto, ON M5J 2S1 Phone: 1-888-479-2292 Email: [email protected]  All complaints are forwarded to qualified compliance or supervisory personnel to be handled. We encourage you to put your complaint in writing or by email (if you choose to communicate by email please be aware of possible confidentiality issues regarding internet communications) where possible. If you have difficulty putting your complaint in writing, please advise us so that we can provide you with assistance. For confidentiality reasons, we will only deal directly with you or another individual who has your express written authorization to deal with us. Complaints handing procedures We will acknowledge receipt of your complaint promptly, generally within five business days, and provide you with a copy of these complaint handling procedures. We will review your complaint fairly, taking into account all relevant documents and statements obtained from you, our records, our customer service representatives, other staff members, and any other relevant source. Once we complete our review we will provide you with the results of our investigation in a response letter that provided to you in writing. Our response may be an offer to resolve your complaint, a denial of the complaint with reasons or another appropriate response. We will generally provide our response within thirty (30) days, unless we are waiting for additional information from you or if your complaint raises complicated issues that require additional investigation. We will respond to communications you send us after the date of our response to the extent necessary to implement a resolution or to address any new issues or information you provide. Settlements If we offer you a financial settlement, we may ask you to sign a release and waiver for legal reasons. Contacting Symple loans You may contact us at any time to provide further information or to inquire about the status of your complaint, by contacting the individual handling your complaint.