MQCC™ Legal Statements
Data Artifacts, Privacy(PIPEDA), Data Security, Website Terms of Service, Legal, Disclosures:
This policy functions in collaboration with the MQCC FraudWatch™ Program & ID Proof
Policy for MQCC found at fraudwatch.mortgagequote.ca.
Table of Contents
MQCC™ supports the www.conformity.org principles which result in “global conformity-in-finance”.
NOTE: Use of our website constitutes your acceptance of the terms and conditions expressed below.
Only legitimate users are welcome to the website. Spoofing real users or phishing or hacking activities are not welcome.
MQCC is licensed mortgage broker in Alberta, BC and Ontario, in Canada. MQCC is also an exchange and information provider on the subject of Private Equity Mortgage PEM®) Investing in Primary and Secondary Mortgage Markets.This website shall not constitute an offer to sell or the solicitation of an offer to buy financial securities regulated by a member Canadian Securities Administrators (CSA) nor shall there be any sale of these financial securities regulated by a member Canadian Securities Administrators (CSA), in any jurisdiction in which such solicitation or sale would be unlawful prior to registration or qualification of these regulated securities under the laws of any such jurisdiction by MQCC. All transactions within the exchange are conducted by jurisdictionally compliant entities.
Disclaimer: This information is intended to provide some suggestions and assistance regarding the topics covered. It is not intended as legal advice, financial advice or to be authoritative.
In a specific instance, the learner should consult legislation, regulations, materials published by legislators, regulators or published in case law and other available related material.
As well, in a specific instance, the learner should obtain, as appropriate, legal, financial and other advice.
Further, and specifically:
Is MQCC™ and it's website pages "Soliciting Investments", "Providing Advice on", "Investing in", "Buying or Selling financial securities regulated by a member Canadian Securities Administrators (CSA)"?
MQCC.org and its websites including: MortgageQuote.ca, LearnItRightCrypto.com and others; is a global education initiative of MQCC.org, a division of MortgageQuote Canada Corp. (MQCC); a Canada-based company which operates a real estate lending, real estate investing and real estate credit intermediation business model in the Canadian "provincial" jurisdictions named: Alberta, British Columbia (BC) and Ontario (ON). As a real estate credit intermediary, MQCC trades primarily in the highly specialized field of Peer-to-Peer (P2P) and Private (Non-Institutional, Non-Syndicated, Non-Regulated) Equity Mortgage (PEM®) brand of mortgage transactions.
As a real estate credit intermediary, MQCC is licensed by real estate finance regulators in Alberta (RECA - the Real Estate Council of Alberta); British Columbia (the Financial Institutions Commission of BC); and, Ontario (FSCO - the Financial Services Commission of Ontario (License #12279). Pursuant to regulatory rights and permissions, MQCC is free to discuss matters related to: "Soliciting Investments", "Providing Advice on", "Investing in", "Buying or Selling Securities" so long as the securities are classified as non-pooled (ie: non-syndicated) private equity "mortgage securities"; synonymous with the term "real estate secured debt securities". MQCC does not trade in non-real estate secured securities, nor does MQCC trade in the investments promoted by public capital markets (reporting and non-reporting issuers) or financial securities regulated by a member Canadian Securities Administrators (CSA)
MQCC does not sell ICO initial coin offerings; it does not sell cryptotokens; it does not solicit investments from the capital markets for non-real estate secured financial instruments.
MQCC pioneered the application of ’blockchain’ principles in finance (to develop a peer-to-peer electronic debt system in order to enable peer-to-peer binary digit mortgage transactions without having to go through a bank) at least as early as May 9, 2005 (visit www.bitmortgage.com to see a cursory-level white paper on the matter).
MQCC also pioneered the first binary digit real estate secured peer-to-peer (& private) lending system. The term "peer-to-peer" is synonymously known as "cryptolending"; "private lending" or "Peer-to-Peer (P2P) Lending" (cursory-level white paper on the matter at www.bitmortgage.com).
THIS IS NOT AN OFFER OR SOLICITATION TO BUY/SELL financial securities that are regulated by a member Canadian Securities Administrators (CSA)
The material presented on our website is for informational purposes only and should not be construed as an offer, or solicitation of an offer, to buy or sell financial securities regulated by a member Canadian Securities Administrators (CSA) either generally or in any state or other jurisdiction where the offer or sale is not permitted.
Advertisements and listings on MQCC do not constitute solicitations or recommendations to buy, sell or hold financial securities regulated by a member Canadian Securities Administrators (CSA) and do not provide an analysis of the financial position of the company. We recommend you use the information found on our site as an initial starting point for conducting your own research on the advertised and/or listed company in order to determine your own personal opinion of the company before investing.
WE ARE NOT BROKERS and WE DO NOT HAVE FINANCE/MARKET-RELATED LICENSES for financial securities that are regulated by a member Canadian Securities Administrators (CSA)
Neither MQCC, nor its parent, Bungay International Inc., nor affiliate sites, are licensed brokers, broker dealers, market makers, investment bankers, investment advisors, analysts or underwriters for financial securities regulated by a member Canadian Securities Administrators (CSA)
Site users should consult with their own professional investment, tax and portfolio advisors before making any investment decision and should independently verify all information herein. Please consult a duly licensed (if applicable) broker before purchasing or selling any financial securities regulated by a member Canadian Securities Administrators (CSA), viewed on MQCC or mentioned herein. Reading advertisements and/or listings on our website shall not create under any circumstances any principal-agent relationship between the reader and us.
RISKS & UNCERTAINTIES
Information contained within and appearing on our website is gathered from publicly available sources. Some information is provided from private companies directly. Site users should therefore familiarize themselves with all safe-harbor and risk statements made by each individual company.
The information you find at MQCC may include forward-looking statements that involve risks and uncertainties.
Investment in securities carries a high degree of risk which may result in investors losing all of their invested capital. Please keep in mind that a company’s past financial performance, including the performance of its share price, does not guarantee future results.
POTENTIAL CONFLICTS OF INTEREST
MQCC affiliates, officers, directors and employees may have bought or may buy shares of mortgage investments or companies mentioned herein and may profit in the event those investments or shares rise in value.
MQCC will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell. Each investor must make his/her own decision based on his/her judgment of the market.
Our associates and/or employees and/or principals may have stock positions in advertised and/or listed companies purchased in the open market or in private transactions. These positions may be liquidated, without prior notification, without regard to the timing of a paid advertisement and/or listing.
WE ACCEPT NO LIABILITY FOR YOUR INVESTMENT DECISIONS
We do not personally, or as a company, endorse or recommend stocks or other investments. We are not liable for any investment decisions by our readers. Readers should independently investigate and fully understand all risks before investing. It is strongly recommended that any purchase or sale decision be discussed with a financial adviser or broker prior to completing any such purchase or sale decision.
FORWARD-LOOKING STATEMENTS & SAFE HARBOR
Investor relations information and materials appearing on our website or accessed via our website, including company press releases and investor kits, contain “forward-looking statements,” within the meaning of Section 27(a) of the Securities Act of 1933 and Section 21(e) of the Securities Exchange Act of 1934 (USA).
Forward-looking statements are based upon expectations, estimates and projections at the time the statements are made and involve risks and uncertainties that could cause actual events to differ materially from those anticipated.
Forward-looking statements may be identified thorough the use of words such as expects, will, anticipates, estimates, believes, or by statements indicating certain actions may, could, should, or might occur. Any statements that express or involve predictions, expectations, beliefs, plans, projections, objectives, goals or future events or performance may be forward-looking statements.
* Companies who subscribe to our service, either under our various plans, provide and/or maintain their own listing information and other related data, including but not limited to company overviews, press releases, guidelines, audio-, video- and web presentations.
All rights, titles and interest in and to the SOFTWARE, WEBSITE, INTELLECTUAL PROPERTY and the files associated therewith are owned by MortgageQuote Canada Corp. MQCC, Bungay International Inc., related parties or its/their suppliers. The foregoing rights to the SOFTWARE, WEBSITE, INTELLECTUAL PROPERTY are licensed to you on a limited basis as prescribed in the following Grant of License. In any event, this provision should not be construed in any way, as an expression to assign or sell any copyrights of, or any other intellectual property rights to, the SOFTWARE, WEBSITE, INTELLECTUAL PROPERTY from MortgageQuote Canada Corp. MQCC, Bungay International Inc., to you.
For government and non-government; international and Canadian parties; MortgageQuote Canada Corp. (MQCC™) is a privately owned corporation with head office in Calgary, Alberta, Canada and regional offices in British Columbia and Ontario.
MQCC’s disclosure strikes a balance between sharing information that enhances our public accountability, and protecting the commercially confidential information entrusted to us by our clients.
As per the International Quality Management System Standard, ISO 9001:2015, a Federal Government of Canada, Standard’s Council of Canada Accredited Auditor audits our total business processes every year and and performs a special examination on our activities during every yearly audit. An internal auditor oversees all operations, daily.
MQCC's Conformity group conducts audits based on an audit plan which is approved by the Organization Conformity Committee, created by the Board of Directors. After each raised nonconformity event or internal and external audit, a report is issued which includes our opinion on the related internal controls, a summary of each finding and our recommendations for improvement.
Anti-Spoof, Anti-Phishing protocols, Authorized Server:
Email authentication is a way to ensure that an email provider will be able to recognize the sender of an incoming message and fight spam and abuse. You can use authentication data to verify the source of any message that you receive. For example, if you receive a message from a big sender (like a financial institution, or a major email provider, like Google, Yahoo or Hotmail) that isn’t authenticated, this message is most likely forged and you should be careful about replying to it or opening any attachments. (Source)
MortgageQuote authentication methods:
SPF specifies which hosts are allowed to send messages from a given domain by creating an SPF record. We create an SPF record that identifies the MortgageQuote mail servers as the authorized mail servers for our domain so that recipients may determine it is a valid message.
DKIM allows the sender to electronically sign legitimate emails in a way that can be verified by recipients using a public-key. A 1024-bit domain key is issued.
DMARC Authentication of ALL outbound email to process mail that fraudulently claims to originate from a mortgagequote address (phishing, spooring, spam, malicious email). DMARC is a published policy that tells email providers how to handle messages that are sent from mortgagequote.ca but aren’t authenticated. MortgageQuote is able to measure and enforce the authenticity of its emails. By defining a policy, we help combat phishing and related malicious mail, to protect our users.
Goal: "less spam": As an article in Techrepublic stated: "SPF, DKIM, and DMARC don't solve all spam problems: spammers can still send email that people didn't ask for and don't want. But these tools do make it difficult for spammers to send fake messages that appear to have been sent by your organization [MortgageQuote.ca]." As users of email for primary communication, MortgageQuote's management believes it owes you the benefit of using SPF, DKIM, and DMARC.
Employees are required to log-in with 2-step verification.
Canada has two federal privacy laws, the Privacy Act, which covers the personal information-handling practices of federal government departments and agencies, and the Personal Information Protection and Electronic Documents Act (PIPEDA), the federal private-sector privacy law.
PIPEDA will not apply to an organization that operates wholly within a province that has legislation that has been deemed substantially similar to the PIPEDA, unless the personal information crosses provincial or national borders. Alberta, British Columbia and Quebec have general private-sector legislation that has been deemed substantially similar. (see following section titled “Provincial privacy laws” for more information)
Therefore, PIPEDA generally applies to:
Provincial privacy laws
Some provinces have passed privacy laws that apply to employee information. Examples include
Each province and territory in Canada has a commissioner or ombudsman responsible for overseeing provincial and territorial privacy legislation, and these are listed on our website.
MortgageQuote Stakeholders; Customers and External Providers
1. MortgageQuote Canada Corp. is serious about maintaining your privacy.
2. MortgageQuote Canada Corp. will use its best efforts to secure your information in accordance with generally acceptable business process standards.
3. MortgageQuote Canada Corp. maintains its client data in secured data warehousing facilities as per our data security process. See bottom of this statement for the data security statement.
4. MortgageQuote Canada Corp. has developed policies and procedures to: protect personal information; receive and respond to issues related to privacy and data security; train staff regarding related policies and procedures; communicate the policies and procedures to you, our clients.
5. MortgageQuote Canada Corp. collects client personal information for:
MortgageQuote Canada Corp. will not use personal information for any additional purpose unless MortgageQuote Canada Corp. seeks client consent to do so.
6.MortgageQuote Canada Corp. will obtain client consent to collect, use or disclose any personal information except where detailed in this policy. MortgageQuote Canada Corp. will make reasonable efforts to ensure that clients understand how their personal information will be used and disclosed.
7. A client's consent can be express, implied, or given through an authorized representative such as a lawyer, agent or broker. Consent may be given orally, in writing, or electronically. For example, depending on the sensitivity of the information, consent can be expressed over the telephone when information is being collected; electronically when submitting an agreement, application, or other information; in writing when signing an agreement or application form. Implied consent exists when MortgageQuote Canada Corp. can reasonably infer consent based upon the action or inaction of the client.
8. MortgageQuote Canada Corp., however, may collect, use or disclose personal information without the client's knowledge or consent as follows:
9. Subject to borrower disclosure agreement. MortgageQuote Canada Corp. may decline to deal with a client or person who will not consent to the use of information for financing purposes; or who cannot provide verification of identity.
10. MortgageQuote Canada Corp. may periodically use client personal information to conduct client surveys in order to enhance our provision of services or products. If an outside body is employed to conduct research on behalf of MortgageQuote Canada Corp., or provide other services that require access to client information, MortgageQuote Canada Corp. will ensure that appropriate security undertakings, such as confidentiality clauses in contractual arrangements, are employed to protect the transfer and use of personal information.
11. MortgageQuote Canada Corp. will retain client personal information only as long as necessary or expected to be necessary for the identified purposes, or as required by legislation.
12. MortgageQuote Canada Corp. may disclose personal information related to third parties as required to effect a financing transaction.
13. MortgageQuote Canada Corp. will make reasonable efforts to ensure that client personal information is as accurate. In some cases, MortgageQuote Canada Corp. relies on its clients to ensure that certain information, such as the client's address or telephone number, is current, complete, and accurate.
14. MortgageQuote Canada Corp. will update information necessary to fulfill the purposes to maintain an active account. An account is deemed active for 7 years from the date of application; or based upon the time the regulators deem it to remain in file for audit purposes.
15. MortgageQuote Canada Corp. is committed to the safekeeping of client personal information in order to prevent its loss, theft, unauthorized access, disclosure, duplication, use, or modification, and will employ appropriate security measures to protect the information. The measures may include, for example, the physical security of offices and data, and electronic security measures such as passwords and encryption where appropriate.
17. To improve the usability of our website at www.mortgagequote.ca we capture information about how users interact with our site and what pages they visit. No personal information is collected as part of this process. The data we collect is used internally to better understand and support our users.
18: Right of access. Subject to law, every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless:
Marginal note:Sensory disability
10 An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a right of access to personal information under this Part and who requests that it be transmitted in the alternative format if
19. Right of Notification: Pursuant to applicable law, namely Alberta: Notification of loss or unauthorized access or disclosure 34.1(1) An organization having personal information under its control must, without unreasonable delay, provide notice to the Commissioner of any incident involving the loss of or unauthorized access to or disclosure of the personal information (breach) where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure. (2) A notice to the Commissioner under subsection (1) must include the information prescribed by the regulations.
1(1) Where an organization suffers a loss of or unauthorized access to or disclosure of personal information that the organization is required to provide notice of under section 34.1, the Commissioner may require the organization to notify individuals to whom there is a real risk of significant harm as a result of the loss or unauthorized access or disclosure (a) in a form and manner prescribed by the regulations, and (b) within a time period determined real by the Commissioner.
20. Severability of record. Subject to law, if an institution receives a request for access to a record that contains information that falls within one of the exemptions under the law; and the head of the institution is not of the opinion that the request is frivolous or vexatious, the head shall disclose as much of the record as can reasonably be severed without disclosing the information that falls under one of the exemptions.
21. How long do we keep your personal information?
We will delete your personal information when we no longer need such personal information, for instance where:
i. it is no longer necessary for us to retain your personal information to fulfil the purposes for which we had collected it;
ii. we believe that your personal information that we hold is inaccurate; or
iii. in certain cases where you have informed us that you no longer consent to our processing of your personal information.
a. there are legal or regulatory requirements which may require us to retain your personal information for a specified period, and in such cases we will retain your personal information for such specified period; and
b. we may need to retain your personal information for certain longer periods for product liability purposes or in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.
Note: that we may retain some limited information about you even when we know that you have left the organisation that:
So that we can maintain a continuous relationship with you if and when we are in contact with you again, representing a different organisation.
CASL distinguished between two types of consent:
Express consent means that a person has clearly agreed (orally or in writing) to receive email from you. Express consent does not expire. It’s valid until a recipient withdraws his or her consent.
Even if an individual hasn’t given express consent, certain activities can imply consent and allow marketers to send email to that individual, too. For example, if someone purchased a product from a brand or inquired about a brand’s services, this is considered implied consent under CASL, and the brand is allowed to send promotional emails.
In contrast to express consent, however, implied consents expire. For a purchase, the implied consent is valid for 2 years. If it was an inquiry about a product or service, the consent is valid for only 6 months. If the subscriber hasn’t “renewed” its implicit consent during that time frame, for example by buying from the brand again, the implied consent expires. In this case, the brand won’t be allowed to send promotional messages to that subscriber anymore.
Retrieval and Delivery Subject to Mortgage Laws:
All records are held subject to legislation;
Regarding DDRAP™ & DDRD™ Fees: In today’s era of cloud computing and native email platform retention and recovery, there is no reason for a person to not possess copies of all correspondence from MQCC.
Industry professionals must comply with legislation and where applicable fiduciary obligations before giving clients the contents of their file
Many industry professionals ask the Real Estate Council of Alberta (RECA) the following question:
“Our brokerage represented a buyer in a real estate transaction last year. We have now received a letter from the buyer’s lawyer requesting we send the lawyer the contents of our file with respect to that transaction. What is our responsibility or obligation to supply the copy of file as requested?”
All industry professionals may face a request like and the following applies in all such cases.
In consideration of this question, RECA assumes:
The general rule is that you must give your client all their information you collect.
Client information includes all documents or forms related to the transaction or service, for example:
Clients must authorize disclosure to a third party
You must not disclose client information to a third party without the client’s written consent or if the law requires the disclosure
In the question posed, you must obtain written consent from the client to provide copies of the file to the lawyer requesting the information.
Real Estate Council of Alberta’s recommendations
Practice tip on saving transaction documents
You do not know if your file will become the subject of a legal proceeding. This is one reason why you should always be cautious and clearly state the type of service and nature of the relationship between yourself and clients in service agreements. You must also remember fiduciary duties, like maintaining confidentiality of information, apply after the transaction is complete.
You may have to disclose your personal information, business information of the brokerage or appraisal firm if it is relevant to the issues in a legal proceeding.
Section 25 (9) REAL ESTATE ACT Source: (http://www.qp.alberta.ca/documents/Acts/R05.pdf): An industry member shall, in accordance with the rules, keep in Alberta records and books of account of the industry member’s business and accounting records, and shall keep those records and books of account (a) for a period of 3 years after they came into existence, or (b) for any longer period that the executive director directs in a particular case for the purposes of an investigation or prosecution under this Act. There was a recommendation by RECA in 2013 to extend this time frame, however this recommendation is not implemented.
Any content beyond the time frame is destroyed.
5. How long do records need to be retained? Source
A Mortgage Brokerage is required to retain:
Regarding DDRAP™ & DDRD™ Fees: In today’s era of cloud computing and native email platform retention and recovery, there is no reason for a person to not possess copies of all correspondence from MQCC.
Mortgage brokers shall keep separate, and make available at their registered business address for a period of seven years.
Regarding DDRAP™ & DDRD™ Fees: In today’s era of cloud computing and native email platform retention and recovery, there is no reason for a person to not possess copies of all correspondence from MQCC.
If the results of an initial records request response raises questions or concerns, please see this page: MortgageQuote's Commendations and Complaints Policy and the section called MQCC Volunteer Broker Resolution Process (MQCC VBRP) Section.
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.
Organizations using personal information for a new purpose shall document this purpose (see Clause 4.2.1).
Organizations should develop guidelines and implement procedures with respect to the retention of personal information. These guidelines should include minimum and maximum retention periods. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. An organization may be subject to legislative requirements with respect to retention periods.
Personal information that is no longer required to fulfil the identified purposes should be destroyed, erased, or made anonymous. Organizations shall develop guidelines and implement procedures to govern the destruction of personal information.
This principle is closely linked to the Consent principle (Clause 4.3), the Identifying Purposes principle (Clause 4.2), and the Individual Access principle (Clause 4.9).
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Under the “Limiting Use, Disclosure, and Retention” principle, your organization must:
Under the “Limiting Use, Disclosure, and Retention” principle, your organization should:
It should be noted that simple recycling of paper-based-personal information is not the same as destruction.
Limit Use and Disclosure
Retention and Destruction
When access prohibited
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain situations, an organization may not be able to provide access to all the personal information it holds about an individual. Exceptions to the access requirement should be limited and specific. The reasons for denying access should be provided to the individual upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
Upon request, an organization shall inform an individual whether or not the organization holds personal information about the individual. Organizations are encouraged to indicate the source of this information. The organization shall allow the individual access to this information. However, the organization may choose to make sensitive medical information available through a medical practitioner. In addition, the organization shall provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
An individual may be required to provide sufficient information to permit an organization to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.
In providing an account of third parties to which it has disclosed personal information about an individual, an organization should attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, the organization shall provide a list of organizations to which it may have disclosed information about the individual.
An organization shall respond to an individual’s request within a reasonable time and at minimal or no cost to the individual. The requested information shall be provided or made available in a form that is generally understandable. For example, if the organization uses abbreviations or codes to record information, an explanation shall be provided.
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, the organization shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
When a challenge is not resolved to the satisfaction of the individual, the substance of the unresolved challenge shall be recorded by the organization. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Under the “Individual Access” principle and Section 8 of PIPEDA your organization must:
EXCEPTION: Note that section 4.9 of PIPEDA does provide that in certain situations, an organization may not be able to provide access to all personal information it holds but exceptions should be limited and specific and reasons for not providing access should be provided to the individual.
Under the “Individual Access” principle, your organization should:
Under the “Individual Access” principle and Section 8 of PIPEDA, your organization may:
Preparing for Access Requests
Processing Access Requests
Amending Personal Information
Denial of Access
Extension of Time Limits
Bank refuses customer access to internal credit score
An individual complained that a bank had refused him access to his personal information, specifically his credit score.
Summary of Investigation
After reading an article on the subject, the complainant had written asking his bank for his credit score. The bank refused him access, citing the exemption provided in section 9(3)(b) of the Personal Information Protection and Electronic Documents Act. The bank's position was that to give customers their internal credit scores would be to reveal confidential commercial information in the form of the credit scoring model on which the scores were based.
The bank confirmed that it maintained an "account management" credit score in connection with the complainant's use of his credit card. The credit score in question was the bank's internal credit score. It had been generated not by a credit reporting agency's standardized credit scoring model, but rather by a customized model unique to the bank and incorporating its strategic business priorities.
In support of the proposition that its internal credit scoring models were confidential commercial information, the bank made three main arguments:
(1) A confidentiality agreement between the bank and the firm from which it licensed the models prohibited the disclosure of account management scores. The Commissioner noted that, unless the scores were determined to be exemptable under section 9(3)(b) or some other provision of the Act, the Act would supersede any such confidentiality agreement.
(2) Credit scoring models should be deemed confidential commercial information by reference to the factors commonly considered by the courts in determining what constitutes a "trade secret" or in distinguishing between "commercial" and "business" information. In this context, the bank demonstrated to the Commissioner's satisfaction that it and other financial institutions did genuinely regard their internal credit scoring models as proprietary, confidential commercial information, analogous to trade secrets, and did treat and protect them accordingly. The Commissioner noted that he found this argument particularly compelling in making his determinations.
(3) The experience of other jurisdictions is instructive and supports the bank's position that credit scores should not be released. The Commissioner noted that, though practices in other countries ought not determine what rules should apply in Canada or how our own Act should be interpreted, he had nevertheless found the experience of other jurisdictions helpful in satisfying him that the depiction of internal credit scoring models as confidential commercial information was neither fanciful nor disingenuous.
In support of the proposition that releasing internal credit scores could reveal the models by which they were generated, the bank presented a forensic analysis of the risk of fraud contingent upon the availability of credit scores. That analysis concluded that, if internal credit scores were readily available, the integrity of a credit scoring model could be compromised on the basis of a relatively small number of known scores generated by the model. The Commissioner's Office consulted an expert in the field of algorithms, who found this conclusion to be correct on the whole and affirmed that access to customized credit scores would definitely make it easier to approximate a bank's model.
Issued July 22, 2002
Jurisdiction: As of January 1, 2001, the Personal Information Protection and Electronic Documents Act applies to any federal work, undertaking, or business. The Commissioner had jurisdiction in this case because banks are federal works, undertakings, or businesses as defined in the Act.
Application: Principle 4.9 states that, upon request, an individual must be informed of the existence, use, and disclosure of his or her personal information and must be given access to that information. Section 9(3)(b) is an exemption provision stipulating that an organization is not required to give access to personal information if to do so would reveal confidential commercial information.
The Commissioner was satisfied that the bank's internal credit scoring model was confidential commercial information. Moreover, on the cumulative basis of the submissions from this and an earlier case, he was persuaded in general that customized credit scoring models internal to financial institutions should in future be deemed confidential commercial information for purposes of the Act.
On the question whether the release of credit scores would reveal the model by which they were generated, the Commissioner found as follows:
He noted that section 9(3)(b), by using the word "would" rather than "could" or "might", set a very high standard for justifying the withholding of personal information.
Though willing to admit that it was technically possible to approximate a credit scoring model from knowledge of a few scores, he was not in the least persuaded that it would ever happen.
Specifically, the bank's submissions had failed to convince him that fraudsters would actually go to the lengths described in the risk analysis to deceive a bank. He found it especially difficult to accept the apprehension, evidently shared by all Canadian banks, that even one's competitors in the credit-granting community would as a matter of course resort to such tactics in order to "crack" one another's credit scoring models and gain competitive advantage.
Nevertheless, the fact remained that the bank had stated its belief and expressed its fear of inevitable fraud through manipulation of released credit scores and its mistrust of the competitive ethics of the credit-granting community. Having personally examined the bank's credit scoring model, he had no reason to suspect ulterior motives that might be contrary to the public interest, such as fear of giving rise to controversy or embarrassment for the bank.
However unlikely it seemed to him that the release of credit scores would reveal the internal scoring model, it was undeniably a prospect that the Canadian banking community continued to take very seriously and that he himself was unable to refute. Moreover, he continued to see no significant harm ensuing to Canadians' privacy rights from the inability to obtain internal credit scores.
Given his responsibility to achieve a balance between the privacy rights of individuals and the legitimate informational interests of organizations, he considered it only fair in the circumstances to accept the proposition that the release of internal credit scores would reveal the credit scoring model on which they were based.
The Commissioner found that, in citing the section 9(3)(b) exception for confidential commercial information to refuse the complainant access to his credit score, the bank had been acting in accordance with the Act.
He concluded that the complaint was not well-founded.
This finding is identical to the Commissioner's finding in a previous complaint against a different bank with regard to denied access to internal credit scores.
Date modified: 2002-07-22
The Chief Privacy Officer and those designated by the Chief Privacy Officer address and investigate questions or concerns regarding a Client's Personal Information.
Chief Privacy Officer
548 Rundleridge Drive NE
Calgary, AB T1Y 2K7
As a Best-in-Industry Sector & Best-in-Industry Class company, MortgageQuote Canada Corp. relies on Best-in-Industry Sector & Best-in-Industry Class IT Vendors including the following:
Amazon Web Services, Inc
The following certifications are earned by ourselves or our third-party IT infrastructure and delivery partners:
Data is secured by a comprehensive, integrated network of our own internal servers and those of our reliable and proven third party suppliers.
With many users using our MortgageQuote Canada Corp. services, security and data protection are paramount for us. We take security very seriously and have developed a comprehensive set of practices, technologies and policies to help ensure your data is secure.
If you are currently maintaining your data on personal computers or your own servers, the odds are that we offer a better level of security than what you currently have in place.
This document outlines some of the mechanisms and processes we have implemented to help ensure that your data is protected. Our security practices are grouped in four different areas: Physical Security; Network Security; People Processes and Redundancy and Business Continuity.
At a high level, we’ve taken the following approach to secure the MortgageQuote Canada Corp. infrastructure:
Our third party datacenters are hosted in some of the most secure facilities available today in locations that are protected from physical and logical attacks as well as from natural disasters such as earthquakes, fires, floods, etc.
Our own office facilities have the following:
Our supplier’s network security team and infrastructure helps protect your data against the most sophisticated electronic attacks. The following is a subset of our network security practices. These are intentionally stated in a very general way, since even knowing what tactics we use is something hackers crave. If your organization requires further detail on our network security, please contact us.
Designing and running data center infrastructure requires not just technology, but a disciplined approach to processes. This includes policies about escalation, management, knowledge sharing, risk, as well as the day to day operations. MortgageQuote Canada Corp.'s supplier’s security team has years of experience in designing and operating data centers and continually improves their processes over time. They have developed world class practices for managing security and data protection risk.
Source: Google.com: Rather than storing each user's data on a single machine or set of machines, we distribute all data—including our own—across many computers in different locations. We then chunk and replicate the data over multiple systems to avoid a single point of failure. We randomly name these data chunks as an extra measure of security, making them unreadable to the human eye.
While you work, our servers automatically back up your critical data. So when accidents happen—if your computer crashes or gets stolen—you can be up and running again in seconds.
Lastly, we rigorously track the location and status of each hard drive in our data centers. We destroy hard drives that have reached the end of their lives in a thorough, multi-step process to prevent access to the data.
One of the fundamental philosophies of business computing is the acknowledgment and assumption that computer resources will at some point fail. We have designed our systems and infrastructure with that in mind.
While we cannot list all the details of our infrastructure for security reasons, rest assured that MortgageQuote Canada Corp.'s security practices, policies and infrastructure are proven and reliable.
Also visit: Legal See below
Feel free to contact us at businessdevelopment[at]mortgagequote.ca
MortgageQuote AND it's 3rd Party IT Vendor's, undergo several independent third party audits to test for data safety, privacy, and security.
Your use of this Web site is at your own discretion.
The term user and website visitor is deemed to be interchangeable for the purpose of this document.
MortgageQuote Canada Corp. is exempted from all liability or potential liability relating to your use of the information or content of this Web site, including but not limited to any damages, losses or expenses of any kind arising from or in connection with this Web site or its use or any person's inability to use the site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of data or otherwise, even if MortgageQuote Canada Corp. is advised of the possibility of such damages, losses or expenses.
Website visitors should conduct their own investigations, analysis, due diligence, draw their own conclusions, and make their own decisions. The user further acknowledges and agrees that MortgageQuote Canada Corp. does not assume and hereby disclaims any liability to any party for any loss or damage caused by the use of the information or documents contained herein or errors or omissions in the information contained in this document to make any investment or borrowing decision, whether such errors or omissions result from negligence, accident or any other cause.
All products and services in the pages of the Site are subject to the terms and conditions of the applicable agreements governing their use, which may change from time to time.
The Disclaimer is to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site and in the Product Specific Legal disclaimers. In the event of any conflict, the terms provided in the pages of the Site and in the Product Specific Legal disclaimers will govern. The Product Specific Legal disclaimers relate specifically to a particular product or service and are displayed on each part of the Site that contains product information. The Product Specific Legal disclaimers contain important information and warnings regarding risks associated with the product or service.
The Product Specific Legal disclaimers should be accessed by you before reading the information for each product displayed on the Site and it is important that you read all of the information.
MortgageQuote Canada Corp. uses reasonable efforts to provide up-to-date, current and accurate information on this Web site but does not warrant its accuracy, adequacy, timeliness or completeness. This Web site is for informational or illustrative purposes only.
MQCC may monitor and gather information regarding visitors to the Site for the purposes of marketing, security, statistical analysis and systems development.
You should always seek personalized advice from qualified, licensed, registered and insured professionals before making any banking, finance, investment, insurance or financial planning decisions based upon any information provided on or through the Web site.
Rates, fees and other information is subject to change at any time without notice to users and the posted rates and fees on the site may not immediately reflect such changes.
The website www.mortgagequote.ca and websites related to mortgagequote.ca or tradenames of MortgageQuote Canada Corp., and all material herein/therein are the property of MortgageQuote Canada Corp.
No endorsement of any third party products, services or information is made or implied by any information, material or content referenced or included on, or linked from or to this Web site.
Copies or portions thereof may not be reproduced in any form or used in any medium without prior written consent of MortgageQuote Canada Corp.
What information does MQCC collect?
Visitors of MQCC website, https://www.MQCC.com and MQCC clients using the MQCC service (“Service”)
If you are a visitor to the Website or a MQCC client who registers or signs into the Service via the Website (“Client”), we may obtain the following types of information from you or concerning your computer or device (“MQCC Client Information”), which may include information that can itself be used to identify and/or contact you (“Personally Identifiable Information”):
Website name and URL
Financial information such as credit card or bank account numbers in connection with a transaction
Additional information we are required by applicable law to collect
MQCC may also receive certain information that may be provided by your browser or mobile device, including:
Time of visit
Time of last visit
Name of the owner of the IP address
Reverse domain of the IP address
Referring site, application, or service, including the relevant search queries that led you to MQCC’s website
Operating system information
Device information (e.g., device identifier, mobile operating system, etc.)
Visitors to MQCC’s Clients’ websites
MQCC obtains information regarding activities of visitors to Clients’ websites (“Client User Data”) through the Google Analytics APIs. When a Client registers to use the Service, the Client authorizes access to the Google Analytics APIs through the Google API web interface. Information relating to Client websites made available to MQCC through the Google Analytics API includes:
Time of visit
Time of last visit
Name of the owner of the IP address
Reverse domain of the IP address
Referring site, application, or service, including the relevant search queries that led the visitor to Client’s website
Operating system information
Device information (e.g., device identifier, mobile operating system, etc.)
Information from MQCC’s Clients’ integrations
The Service provides ways to import additional Client User Data from a Client’s other applications and services into the Service. These include for example integrations to customer relationship management (“CRM”) systems and email marketing solutions.
Information which may be imported into the Service from CRM systems includes:
A Client’s customers, including companies and individuals and related contact information such as name, email, phone number and address.
Information about a Client’s activities with its customers, such as phone calls, emails and meetings.
Information which may be imported into the Service from email marketing solutions includes:
Mailing lists and list subscribers’ email addresses and other additional information.
Sent email content.
Email receivers’ activities, such as email opens and clicking of links inside the email.
It is the sole responsibility of the Client to ensure that it has obtained permission from its customers and other website users to provide this information to MQCC via the Service. MQCC shall have no liability whatsoever for the failure of any Client to obtain this permission and hereby disclaims such liability. The Client hereby agrees to defend, indemnify and hold harmless MQCC and its affiliates and their respective officers, directors employees, agents, successors and assigns from any third party claims arising from Client’s provision of Client User Data to MQCC using the Service.
The Service may import additional MQCC Client Information from the integrated service, such as settings information.
What does MQCC use your information for?
Any of the information we collect from you may be used in any or all of the following ways: * To provide you use of and access to our Website and the Service; * To operate, improve, and personalize our Website and the Service; * To give you access to your account information, provide you with customer service or customer support and to contact you to resolve disputes, collect fees, and troubleshoot problems with your account; * To send periodic emails using the email address you provide to send you information, respond to inquiries, and/or other requests or questions. * To process payment transactions. * To comply with the law, enforce our Website policies, prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities and to protect ours or others’ rights, property, or safety. * To enable our trusted third parties who assist us in operating our Website, conducting our business, or servicing you, to perform their obligations, so long as those parties agree to keep this information confidential.
In addition, we may provide certain MQCC Client Information to other parties for marketing, advertising, or other uses.
How MQCC protects your information?
We implement a variety of security measures to maintain the safety of Personally Identifiable Information and Client User Data when you enter, submit, or access the information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will not be stored on our servers.
How can I access my information?
You can request changes to the Personally Identifiable Information we keep on you by sending a request to firstname.lastname@example.org. We will respond to your request upon verification of your identity within a reasonable period of time, and to the maximum extent practical. See companion rules in our website at www.mortgagequote.ca.
Information collected from visitors to Clients’ websites and information imported from Clients’ integrations is available for access to Clients through the Service and through periodic emails the Service sends to Clients.
Cookies are also used to store current session/login information for the Service.
MQCC Web Analytics Service
"This site uses the MQCC analytics system to help improve usability and the customer experience. MQCC may record mouse clicks, mouse movements and scrolling activity. MQCC may record keystroke information that you voluntarily enter on this website. MQCC does not track this activity on any site that does not use the MQCC system. You can choose to disable the MQCC Service at http://www.luckyorange.com/disable.php. Note, that doing so will disable other features of the MQCC system that this site employs such as 1-to-1 support chat." This site also uses “statcounter” tracking services.
Does MQCC disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your Client User Data. MQCC Client Information may be transferred to trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release MQCC Client Information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. Non-personally identifiable MQCC Client Information may be provided to other parties for marketing, advertising, or other uses.
How does MQCC respond to Do Not Track Signals?
We may track users over time and across third party websites and we do not respond to Do Not Track (DNT) signals. We do not use this information to provide targeted advertising. Third parties can collect personally identifiable information about your online activities over time and across different websites when you use the Website.
Children's Online Privacy Protection Act Compliance
For USA visitors: We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our Website, products and services are all directed to people who are at least 13 years old or older.
Social Media Sites
Feedback and Posted Information
Certain features of the Website may enable you to submit communications, suggestions, ideas, comments, questions, or other information to us (collectively, “Feedback”) as well as post information to the Website for review by all users of the Website (“Posted Information”). Feedback and Posted Information becomes public information and is submitted at your discretion. When you submit Feedback and Posted Information, you expressly consent to our collection, use and disclosure of such information in any manner.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website and the MQCC Service at https://www.mortgagequote.ca.
MQCC is incorporated in Canada. Advertising for products and services on this website that can be marketed within applicable jurisdictions that MQCC is registered to trade in Canada, has been approved to the extent required by law. Potential investors must note that in some or all respects the regulatory regime applying will be different from that of their home jurisdiction.
Mortgage investing is comparatively safe when compared to investing in corporations via stock certificates, corporate debentures or any investment requiring a prospectus or offering memorandum disclosure instrument. While the value of stock market and related public investments can go up and go down (volatility) and investors may not get back the amount originally invested; in mortgage lending you have "double security", in the form of the cashflow earning of the mortgagor and the underlying asset value of the real estate that is secured by your primary mortgage instrument.
The information published on the Site is general information only and is not intended to be specific investment or taxation advice. The information on the Site should not be used as the basis for investment decisions and readers of the Site must consult with appropriately qualified professional advisors, including a Private Equity Mortgage Professional PEMPTM, before making investment or other financial decisions. You should carefully read the applicable regulatory and non-regulatory disclosures contained on this website and in any literature forwarded to you.
It is important to note that the products, services and Information may not be available to residents of certain jurisdictions. Accordingly, the financial services detailed in the Site do not constitute an offer to transact business in any jurisdiction where such an offer would be considered unlawful. The Information does not constitute an offer or solicitation to buy or sell any currency, investment fund or other product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation. For information specific to your jurisdiction, please contact your financial advisor or Certfied Private Equity Mortgage Professional C-PEMP®.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
TRADEMARKS AND COPYRIGHTS
See Intellectual Propertyfor full details
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trademarks owned by MortgageQuote Canada Corp. or its subsidiaries, or trade names or trademarks licensed to them. The trademarks are distinguished from one another and accompanied, at first-time use, with the appropriate trade-mark symbol: ®/TM. These symbols are keyed to their respective legend which describes the owner or licensee of the trade-mark: ® Registered trade-mark of MQCC used, under license by MortgageQuote Canada Corp./ TM Trademark of MortgageQuote Canada Corp., used under license by MortgageQuote Canada Corp. MQCC is the parent company of (also known as) MortgageQuote Canada Corp.. The display of trademarks and trade names on pages of the Site does not imply that a license of any kind has been granted to anyone else. The Information is for your personal use only. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information.
Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. MQCC is not responsible for and will not be liable to you or any one else for any damages in connection with an e-mail sent by you to MQCC or an e-mail sent by MQCC to you at your request or on an ad-hoc basis.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.
MQCC is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if MQCC has been advised of the possibility of these damages.
Links from or to Websites outside the Site are meant for convenience only. MQCC does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and MQCC will not be responsible or liable for any damages in connection with linking. Links to downloadable material situate on or through other sites are for convenience only and MQCC is not responsible or liable for any difficulties or consequences associated with downloading such material Use of any downloaded material is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
The Site is administered on behalf of the MortgageQuote Canada Corp. entities that comprise MQCC Private Lender Network by PrivateLender.org: Canada's Private Lender Network, based in Calgary, Canada. The Site will be governed by and construed in accordance with the laws of Alberta, Canada, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the exclusive jurisdiction of the Courts of Alberta, Canada. Through accessing the site you agree to submit and attorn to the exclusive jurisdiction of the Courts of Alberta, Canada to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.
Feel free to contact any member of our team at 1-866-948-7283, should you have any questions. You may also email us at businessdevelopment[at]mortgagequote.ca
DESCRIPTION OF THE SERVICE
MQCC Service. MQCC allows you to obtain real-time statistics based on website visitors, using certain MQCC proprietary software (the “Software”, the Sites and Software shall be collectively known as the "Service"), subject to these Terms of Service. For the sake of clarity, the “Service” includes any or all of the following service packages provided by MQCC: the MQCC API, MQCC website and MQCC Dashboard, each as defined below. Each time you visit or use the Site, the current version of the Agreement will apply for your use of the Service from the date of your first access. Accordingly, when you use the Site, you should check the date of the Agreement and review any changes since the last version. If you do not agree with the Agreement at any time, please cease use of this Site and the Service. You agree to accept notices sent electronically, including but not limited to, email messages sent to the current email address of your account and notices posted on the Site. [You can opt out of any marketing emails from us through the Email Preferences section in the MQCC account dashboard.]
If you wish to register for the MQCC Service, please use our website. You must provide certain limited information about yourself as prompted to do so by the Service. We reserve the right to refuse access to the MQCC Service to any user. When you register for the MQCC Service, MQCC will provide you with data and analytics for your knowledge through a free trial use of the Service for seven (7) days ("Free Trial Period") or longer, subject to the set-up of your membership level. The term for the Free Trial Period or your membership level will begin on the date of your registration on the Site for the MQCC Service and will continue for seven (7) days, unless extended or sooner or later, terminated in accordance with this Agreement. If you register for the MQCC Service, either you or MQCC may terminate this Agreement upon written notice thereof at any time for any reason or no reason, during or at the end of the Free Trial Period. Upon completion of the Free Trial Period or upon changing of your membership level to an upgraded level, you must convert to one of the MQCC Service plans by providing standard credit card information in additional to certain personal information you provided to MQCC upon registration.
1. LICENSE; OWNERSHIP, GRANT OF LICENSE
You allow the Service to be placed on, or interact with your website(s), computers or electronic devices and you hereby grant us a nonexclusive, irrevocable during the term of this Agreement, royalty-free, no-cost license to perform, or have performed, the activities relating to provision of the Service. You agree to interact with the Software on our website(s) in accordance with MQCC’s requirements. MQCC is not obligated to provide customer support for, and shall not be responsible or liable for, any malfunction or failure of the Service or any damages resulting from your failure to implement the Software on your website(s) in accordance with MQCC’s requirements. In order to improve our algorithms and the Service, for statistical and analytical reporting and for research purposes, MQCC may or may not aggregate and/or anonymize the data resulting from use of the Service, including you, and provide personal information and or anonymized data, which may be aggregated with data of other customers, to third parties. MQCC will not use or disclose anonymized data in a manner that reveals your identity, the identity of your website, or your identifiable Traffic Data without your p consent. MQCC shall exclusively own its customers’ aggregated and/or anonymized Traffic Data. You shall own all rights in and to all Traffic Data, subject to the rights and licenses granted herein. “Traffic Data” means all data and information created, received, processed or provided by MQCC in performing the Service, or that results from performance of the Service for you. You hereby grant MQCC all necessary rights to access and track Traffic Data concerning your website, solely in connection with providing the Service during the term of this Agreement.
Subject to the terms and conditions of this Agreement, MQCC grants to you (and you agree to comply with) a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use: (i) the Software and (ii) certain proprietary documentation in the form generally made available by MQCC to you on the Site for use with the Software (the "Documentation") solely to receive the MQCC Service.
2. RESTRICTIONS & Export Regulations
You agree to:
1. Use the Service for lawful purposes only and in compliance with any policies posted to the Site or conveyed by electronic notice;
2. Not use the Service in a way that prevents or inhibits another user from enjoying the Service;
3. Not obtain the communications protocol for accessing the Service;
4. Not remove, obscure or alter any notices or indications of any Intellectual Property Rights, any trade names, trademarks, service marks, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations ("Branding"), or any electronic notices;
5. Not interfere with, attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Service servers;
6. Not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
7. Not to challenge or assist others to challenge Branding, Intellectual Property Rights or registration or applications thereof; and
9. Not post or transmit sensitive data to our servers, which includes but is not limited to, credit card data, social security numbers, passwords, etc.
10 You will not use MQCC to do anything unlawful, misleading, malicious, or discriminatory. You will not provide any false personal information on MQCC. You will keep your contact information accurate and up-to-date.
11 MQCC is a community where everyone uses the name they go by in everyday life. This makes it so that you always know who you're connecting with.
Your name can't include:
Symbols, numbers, unusual capitalization, repeating characters or punctuation.
Characters from multiple languages.
Titles of any kind (example: professional, religious).
Words or phrases in place of a name.
Offensive or suggestive words of any kind.
If your name follows our standards and you're still having trouble changing it, find out why.
Other things to keep in mind: The name on your profile should be the name that your friends call you in everyday life. This name should also appear on an ID or document from our ID list.
Nicknames can be used as a first or middle name if they're a variation of your authentic name (like Bob instead of Robert).
You can also list another name on your account (example: maiden name, nickname, professional name).
Profiles are for individual use only. You can create a Page for a business, organization or idea.
Pretending to be anything or anyone isn't allowed.
12 You must be 18 years if age.
PREVENTING TRANSMISSION OF SENSITIVE INFORMATION
You are not to transmit, or allow transmission of, sensitive data to our system by use of any of the MQCC features .
FEES AND PAYMENT
Except with regard to the Free Trial Period, MQCC bills its customers in advance on a monthly basis or once a year, re-occurring, for annual plans. All amounts due shall be paid in CAD dollars. Service fees are exclusive of all financial and banking fees and all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such fees, taxes, levies, or duties, excluding only Canada income (federal or state) taxes imposed on MQCC. In the event you are required to withhold any portion of service fees due to payments to banks or taxing authorities, (i) you agree to do so and to indemnify MQCC for any liability resulting from your failure to make such withholdings, and (ii) MQCC reserves the right to adjust the pricing of the Service so that you are responsible for payment to MQCC of the full amount for the Service, net of any such withholdings. When required by law, you will be responsible for all applicable sales, use, transfer, excise, value-added or similar taxes, and your payment obligation to MQCC hereunder shall include the amount of such tax. Payments for MQCC Service. MQCC will not issue refunds for fees paid for a MQCC Service account, even for periods of inactivity. MQCC may change the price of the MQCC Service, for which notice - written or otherwise - may or may not be given. Such notice may be provided at any time by posting the changes to the Site. MQCC will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the MQCC Service.
Payment for Other Services.
If you register for other MQCC services (collectively, the “Add On Services”), you will be charged according to the terms of your Work Order - if applicable.
MQCC MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE SERVICE IS PROVIDED BY MQCC AND ITS LICENSORS "AS IS" AND "AS AVAILABLE." YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY HARM CAUSED BY VIRUSES, WORKS, OR OTHER DAMAGING MATERIALS. IN NO EVENT DOES MQCC GUARANTEE ANY RESULTS, INCREASED TRAFFIC OR USER ENGAGEMENT FOR YOU. MQCC DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION THEREOF, ARE ACCURATE, ERROR OR BUG FREE, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SERVICE'S OPERATION WILL NOT NEGATIVELY AFFECT OTHER SOFTWARE OR HARDWARE. THIS SECTION 4 APPLIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE SERVICE IS OFFERED BY MQCC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MQCC MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED LAWS RELATED TO THE COLLECTION OF DATA FROM YOUR WEBSITE’S END USERS.
IN NO EVENT WILL MQCC AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE SERVICE, ADVERTISEMENTS, UNAUTHORIZED ACCESS TO OUR SERVERS, SERVER UNAVAILABILITY, AND ANY PERSONAL INFORMATION STORED THEREIN, HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED, TO CONTRACT OR TORT AND WHETHER OR NOT MQCC WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR DESTRUCTIVE PROPERTIES OF THE SERVICE, AND (iii) FOR ANY CLAIM RESULTING FROM YOUR NON-COMPLIANCE WITH THE REQUIREMENTS OF THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OR FOR ANY CLAIM RESULTING FROM YOUR NON-COMPLIANCE WITH OR BREACH OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OR ANY OTHER STATE OR FEDERAL MEDICAL PRIVACY OR ELECTRONIC PRIVACY LAWS. IN NO EVENT SHALL MQCC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL SUM OF MONIES PAID FROM YOU TO US AS CONSIDERATION FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS MQCC, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF (i) YOUR USE OF THE SERVICE, (ii) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (iii) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, (iv) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE, OR (v) FOR ANY CLAIM WHATSOEVER RESULTING FROM YOU OR YOUR AFFILIATES’, EMPLOYEES’, CONTRACTORS’ OR AGENTS’ BREACH OF THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OR THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OR ANY OTHER STATE OR FEDERAL MEDICAL PRIVACY OR ELECTRONIC PRIVACY LAWS. MQCC RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Unless otherwise specified in an applicable Work Order, the term of the license granted herein for the Service shall commence upon the earlier of (i) your implementation or (ii) your agreement to these Terms of Service, and may be terminated as set forth herein. Upon termination of this Agreement, all licenses, and any other rights and services provided by MQCC to you in this Agreement, shall cease immediately. We also may permanently or temporarily terminate, suspend, or otherwise refuse to permit your use of the Service upon reasonable prior notice without incurring liability as a result thereof, if in our sole determination, you violate, or are reasonably likely to violate, this Agreement, including without limitation, by your nonpayment of fees. Termination of this Agreement, any license granted hereunder, or your access to the Site, shall not limit us from pursuing other remedies available to us, including but not limited to injunctive relief.
If you are a MQCC Service customer or a visitor to the website or event or party to a communication with MQCC, you or we may terminate this Agreement at any time, in whole or in part, for any reason, provided that if you terminate, you shall be obligated to pay any fees accrued prior to the date of termination. You may terminate this Agreement by emailing a request for termination to [email@example.com], or accessing [Account Settings Billing Information from your dashboard]. You must remove all MQCC scripts and materials from your website(s) within thirty (30) days after termination.
If you have purchased any Add On Services, you or MQCC may terminate this Agreement (i) if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of such breach from the non-breaching party or (ii) as otherwise set forth in your Work Order, provided that you shall remain obligated to pay any fees accrued prior to the date of termination. To terminate this Agreement in accordance with this section, e-mail [firstname.lastname@example.org]. You must remove all MQCC scripts and materials from your website within thirty (30) days after termination.
1. Headings. Headings are for organizational purposes only and shall in no way affect the interpretation of this Agreement.
2. Assignment. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, and any attempted assignment by you shall be null and void. 3. Third Party Service Providers. MQCC may provide the Service directly or indirectly using contractors or other third party vendors or service providers. MQCC will not be responsible or liable for any failure in the Service or any damages resulting from or attributable to failures of networks, telecommunications or equipment or other failures of third party suppliers or vendors.
4. Publicity. You hereby consent to inclusion of your name and trademarks or service marks in customer lists that may be published as part of MQCC's marketing and promotional efforts.
5. Survival. Upon any expiration or termination of this Agreement, the following Sections of this Agreement shall survive: Sections 2 through 8.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal Canada laws applicable therein, excluding its choice of law provisions, and the parties agree to submit to the personal and exclusive jurisdiction of such courts.
7. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable between the parties.
8. No waiver. Failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.
9. Notices. Any notice given under this Agreement shall be in writing and in the English language and shall be emailed to MQCC [email@example.com], or if to you, to the email or physical address associated with your account. You hereby consent to receiving any notices relevant to the Services or this Agreement by e-mail without requiring a handwritten signature for such notice to be effective.
10. Force Majeure. Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17. Early Termination Fee
For monthly contracts, there is no early termination fee or refunds.
For annual contracts billed monthly, the purchaser agrees to pay 3 times the monthly cost specified in the custom agreement.
This is a legal agreement governing Online or Email Business Alerts provided by MQCC to the Customer (defined below) that you represent.
By visiting the website which resolves to www.mqcc.org or a related party website, or, by becoming a customer of MQCC, you confirm that (i) you have the power and authority to enter this agreement on behalf of the Customer and to legally bind the Customer, in either case, acting alone, and (ii) you have read and understood this agreement, and that the Customer is bound by this agreement as of today’s date.
1. Scope. Online or Email Business Alerts are governed by the Customer’s account agreement, these terms and conditions, and other applicable Service Materials.
2. Definitions. For purposes of this Document, the following defined terms will be used:
“Customer” means the Person who is enrolled in, authorized for, or uses Online Business, including the Person’s Representatives;
“Document” means any agreement, amendment, statement, disclosure, notice, request, consent, information, instruction, communication, Instrument, Service Materials, or other document, including any of the foregoing made, drawn, accessed, sent, received, accepted, endorsed, negotiated, signed, or processed verbally or in paper or electronic form through any Electronic Channel;
“Electronic Channel” means any telecommunication or electronic transmission method which may be used in connection with the Services, including any automated teller machine, computer, email, facsimile, Internet, mobile device, mobile phone, network, personal digital assistant, point-of-sale terminal, smart phone, SWIFT or SWIFT Network, telephone, wire transfer system, or wireless device;
“Instrument” means a bill of exchange (including a cheque), promissory note, security, chattel paper, other instruction or order for the payment of money given verbally or in paper or electronic form, clearing item, payment item, or other value item (including any automated clearing house payment, pre-authorized deposit or debit payment), including any image or reproduction of the foregoing. Any such item will be considered an Instrument whether or not that Customer is a party to it and whether it is in Canadian or another currency;
“OPS” means other products or services provided by MQCC or any other Person, other than the Services;
“Person” means an individual or natural person, partnership, limited partnership, limited liability partnership, corporation, limited liability corporation, unlimited liability company, joint stock company, trust, unincorporated association, joint venture or other entity or regulatory authority, and pronouns have a similar extended meaning;
“Representatives” mean directors, officers, employees, signing authorities, agents, contractors, subcontractors, service providers, consultants, internal or external auditors, legal or other professional advisors, or other Persons acting on a party’s behalf, including a Person specified in an Authorization Form and the Person’s delegates;
“MQCC” means MortgageQuote Canada Corp.;
“Security Devices” means a security device, including a card, token, code, password, identification number, certificate, test key and other security codes and devices;
“Service” means each of MQCC’s business products or services provided to or used by the Customer, including any mortgage borrowing, mortgage lending, account, credit, cash management, investment, or payment products or services. For greater certainty, Online or Email Business Alerts are Services; and
“Service Materials” means all hardware, software, equipment, information, or other Documents provided by MQCC for the Services, including all Security Devices, rules and manuals of operation, guides, training materials, reference materials, or other Documents applicable to the Services.
3. Alerts. MQCC may alert the Customer about certain security or service activity relating to Online Business and other Services and OPS, by notifying the Customer in the Alert Centre and/or using other Electronic Channels, including by email, text, or push notification to an Electronic Channel. The Customer may be able to select the type of service alerts they want to receive and the Electronic Channels they want used for certain alerts, subject to availability. The Customer may also be able to control alerts with settings in Electronic Channels, and may be required to adjust the settings in Electronic Channels in order to enable or disable certain alerts. The availability, type, timing, and delivery of alerts is in MQCC’s sole discretion, and MQCC does not guarantee the availability, type, timing, or delivery of alerts. Some alerts may require action by the Customer, including requiring the Customer to log-in to MQCC Online Business. Alerts are provided for convenience and information purposes only, and should not be relied on for any other purpose. Alerts sent by email, text message, push notification, or other unencrypted Electronic Channel, are not secure, reliable, private, or confidential. Alerts may not be available in locations outside of Canada.
4. Fees. The Customer is responsible for all fees and charges incurred in connection with Online or Email Business Alerts, including any additional fees, charges, taxes, or other amounts payable to other Persons, including for messaging and data charges resulting from using Mobile Services or other Electronic Channels in connection with Online or Email Business Alerts.
Credit to MQCC.org for structure and format.
DISCLAIMER: The colours, boundaries and names shown and the designations used on this map do not imply any judgment, official endorsement or acceptance by the Money Quality Conformity Control Organization as to the legal status or frontier of any territory. This map intends to make information on MQCC Members more accessible by organizing such information visually. The map does not intend to show MQCC Members' non-metropolitan/overseas territories or the status of such territories in regard to the MQCC Agreement.
In particular, any treaty text reproduced on this site has no legal standing. Only the original treaty documents, which are entrusted to, and kept by, the MQCC Management/Secretariat in Calgary have legal standing. Moreover, any summaries of schedules, trade disputes and ongoing trade negotiations contained on this site are not intended to be exhaustive or official, and do not affect the rights and obligations of Members.
The training and other explanatory materials available from this site are not intended to provide any authoritative or official legal interpretation of the provisions of the MQCC Agreements. Furthermore, some of these materials might use simplified terms, which in no way should be read or understood to have any legal implications whatsoever. For instance, some of these materials might use terms like “country”, “nation” or “government” to refer to MQCC Members in general; this is not intended to have any implications for sovereignty. Likewise, for the sake of simplicity, GATT contracting parties might be referred to as “GATT Members”, and the GATT as an “international organization”.
References to geographical or other territories and groupings are based solely on terms provided to the MQCC Management/Secretariat by MQCC Members and Observers or terms used by relevant international organizations. The use of such terms on this site and in the materials contained therein does not constitute or imply an expression of opinion by the MQCC Management/Secretariat concerning the status of any country or territory, or the delimitation of its frontiers, or sovereignty. The colours, boundaries and names shown and the designations used on maps available from this website do not imply any judgment, official endorsement or acceptance by the MQCC as to the legal status or frontier of any territory. Terminology included in documents or other materials provided formally or informally by Members to the MQCC Management/Secretariat and posted on this site has no implications for the issue of sovereignty.
The MQCC is an intergovernmental organization devoted primarily to the negotiation, implementation, and enforcement of legally binding rules applicable to its Member governments' international trading regimes. Reference to any company, or use of its products or services, by the MQCC, shall not be considered nor construed as an endorsement by the MQCC of such company or of its products or services.
This site is the only official website of the Money Quality Control Organization. Except with its consent, the MQCC shall not be liable for information posted on, or document contained in, any other website alleging or suggesting in any way some affiliation with the MQCC.
MortgageQuote Canada Corp. (MQCC)
Head Office: 548 Rundleridge Drive NE, Calgary, Alberta T1Y-2K7
Toll Free Phone: +1-866-948-7283 Toll Free Fax: +1-866-948-3291
Alberta * BC * Ontario (License #12279: Ontario)
Web: www.mortgagequote.ca Email: firstname.lastname@example.org An ISO 9001:2015 Registered Company.