MQCC™ Privacy, Data & Legal Security Statements


MQCC™ 

Data Artifacts, Privacy(PIPEDA), Data Security, Website Terms of Service & Legal

Statements

(privacy.mortgagequote.ca)

Table of Contents

Email - User Log-in Authentication        3

Privacy Laws        4

Privacy Policy Statement        5

Records Retention Requirements & Records Request Process        11

Records Retention        11

Alberta Law        11

Ontario Law        11

BC Law        12

Records Request Process        13

PIPEDA PRIV.GC.ca REFERENCE: Principle 5 – Limiting Use, Disclosure, and Retention        13

4.5 Principle 5 —Limiting Use, Disclosure, and Retention        13

Your Organization’s Privacy Responsibilities        14

Note        14

How to Meet these Objectives        15

PIPEDA PRIV.GC.ca REFERENCE: Principle 9 – Individual Access        18

4.9 Principle 9 — Individual Access        18

Your Organization’s Privacy Responsibilities        20

How to Meet these Objectives        22

Privacy Cases        25

Accountability, Transparency and Disclosure        29

IT Providers to MortgageQuote Canada Corp.        29

Data Security Statement        30

Physical Security        31

Network Security        32

People Processes        33

Safeguard Data        33

Redundancy and Business Continuity        34

3rd Party Security Statements        35

Additional Information        35

Legal Disclaimer - Website        36

MQCC™ Privacy, Data & Legal Security Statements        1


Email - User Log-in Authentication

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.

Privacy Laws

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.

Privacy Policy Statement

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 puposes.

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.

16. Clients are to direct any complaints, concerns or questions regarding this privacy policy in writing to the Privacy Officer. At any point in this process the client may also write to the Privacy Commissioner.

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:

Previous Version

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.

Referral Privacy Policy: Clients referred to MortgageQuote.ca by referral sources are subject to the following REFERRAL PRIVACY POLICY.

RENTING

See our Rental Privacy Policy for Tentants see rentprivacy.mortgagequote.ca

Records Retention Requirements & Records Request Process

Records Retention

Mortgage Laws:

All records are held subject to legislation;

Alberta Law

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. In some cases, data may be retrieved - but only if we determine so - based upon a court order and a "Retrieval Analysis Process (RAP)"; this RAP is a cost, pursuant to the servicing fees schedule (servicingfees.mortgagequote.ca) and if it is determined that data might be recoverable (on a best efforts basis), then upon payment of a Data Retrieval Attempt (DRA) Fee, MQCC will attempt to retrieve the data. If data may be retrieved  and made available to you or your legal counsel; the contents may only be relied upon for information purposes only and no other purposes.

Ontario Law

5. How long do records need to be retained? Source

A Mortgage Brokerage is required to retain:

Any content beyond  the time frame is destroyed. In some cases, data may be retrieved - but only if we determine so - based upon a court order and a "Retrieval Analysis Process (RAP)"; this RAP is a cost, pursuant to the servicing fees schedule (servicingfees.mortgagequote.ca) and if it is determined that data might be recoverable (on a best efforts basis), then upon payment of a Data Retrieval Attempt (DRA) Fee, MQCC will attempt to retrieve the data. If data may be retrieved  and made available to you or your legal counsel; the contents may only be relied upon for information purposes only and no other purposes.

BC Law

Mortgage brokers shall keep separate, and make available at their registered business address for a period of seven years.

Any content beyond  the time frame is destroyed. In some cases, data may be retrieved - but only if we determine so - based upon a court order and a "Retrieval Analysis Process (RAP)"; this RAP is a cost, pursuant to the servicing fees schedule (servicingfees.mortgagequote.ca) and if it is determined that data might be recoverable (on a best efforts basis), then upon payment of a Data Retrieval Attempt (DRA) Fee, MQCC will attempt to retrieve the data. If data may be retrieved  and made available to you or your legal counsel; the contents may only be relied upon for information purposes only and no other purposes.

Records Request Process

For all Records Requests, please email us for the records that you are requesting. All records are provided pursuant to requirements of applicable mortgage brokerage legislation. All initial responses might or might not be free of cost. Please see servicingfees.mortgagequote.ca for costs.

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.

PIPEDA PRIV.GC.ca REFERENCE: Principle 5 – Limiting Use, Disclosure, and Retention

4.5 Principle 5 —Limiting Use, Disclosure, and Retention

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.

4.5.1

Organizations using personal information for a new purpose shall document this purpose (see Clause 4.2.1).

4.5.2

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.

4.5.3

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.

4.5.4

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.

Your Organization’s Privacy Responsibilities

Under the “Limiting Use, Disclosure, and Retention” principle, your organization must:

Under the “Limiting Use, Disclosure, and Retention” principle, your organization should:

Note

It should be noted that simple recycling of paper-based-personal information is not the same as destruction.

How to Meet these Objectives

Limit Use and Disclosure

Retention and Destruction

When access prohibited

PIPEDA PRIV.GC.ca REFERENCE: Principle 9 – Individual Access

4.9 Principle 9 — Individual Access

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.

4.9.1

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.

4.9.2

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.

4.9.3

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.

4.9.4

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.

4.9.5

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.

4.9.6

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.

Your Organization’s Privacy Responsibilities

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:

How to Meet these Objectives

Preparing for Access Requests

Processing Access Requests

Amending Personal Information

Denial of Access

Extension of Time Limits

  1. responding within the original 30 days would unreasonably interfere with activities of your organization;
  2. additional time is needed to conduct consultations; or
  3. additional time is needed to convert personal information to an alternative format.

Privacy Cases

Bank refuses customer access to internal credit score

Complaint

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.

Commissioner's Findings

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.

Further considerations

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

Accountability, Transparency and Disclosure

MortageQuote Canada Corp. is responsible for the Personal Information under its control and has appointed a Chief Privacy Officer to comply in all material respects with applicable privacy legislation and the terms of this Privacy Policy.

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

IT Providers to MortgageQuote Canada Corp.

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

Google Inc.

Data Security Statement

The following certifications are earned by ourselves or our third-party IT infrastructure and delivery partners:

ISO 9001

ISO 27001

SSAE 16 / ISAE 3402

FISMA

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:

Physical Security

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:

Network Security

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.

People Processes

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.

Safeguard Data

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.

Redundancy and Business Continuity

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.

3rd Party Security Statements

Amazon: http://aws.amazon.com/security/

Google: https://support.google.com/a/answer/60762?hl=en

Zoho: https://www.zoho.com/security.html

Additional Information

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.

Legal Disclaimer - Website Visitor

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 though 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”):

Name
Email address
Phone number
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:

Pages accessed
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
Browser information
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:

Pages accessed
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
Browser information
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.

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."

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 support@mortgagequote.ca. 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.

Does MQCC use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the site or service provider's systems to recognize your browser and capture and remember certain information. We use cookies to compile aggregate data about site and application traffic and interaction so that we can offer better experience and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Cookies are also used to store current session/login information for the Service.

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.

We may also disclose MQCC Client Information, Client User Data and Personally Identifiable Information to allow for a change of ownership of MQCC (including, but not limited to, an acquisition by or merger with another company) and related transfer of all such information to the new owner, in which case any information remains protected in accordance with this Privacy Policy.

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.

Online Privacy Policy Only
This online Privacy Policy applies only to information collected through our Website and the Service, but not to information collected offline.

Links
We may display links to third party websites. Please note that we cannot control and cannot be held responsible for the privacy policies of such websites. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.

Social Media Sites
We may allow you to share information with third party social media sites, or use social media sites or other sites to create or connect to your account. Those social media sites may give us access to certain personal information stored by them (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with the online services. You control the personal information you allow us to have access to through the privacy settings on that third party website and the permissions you give us when you grant us access. By associating an account managed by a third party with your MQCC account and authorizing us to have access to this information, you agree that we may collect, use and store the information provided by these sites in accordance with this Privacy Policy.

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.
Changes to our Privacy Policy
If we decide to change our Privacy Policy, we will post those changes on this page, and/or update t
he Privacy Policy modification date: see document title.

NOTE TO NON-RESIDENT INVESTORS AND RISK WARNING

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.

LOCAL LAWS

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

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.

INTERNET E-MAIL

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 ENDORSEMENTS

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

NO LIABILITY

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/SOFTWARE

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.

JURISDICTION

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

Website Terms of Service

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
You allow the Service to be placed on your website(s) 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.

Your use of the Service shall be restricted pursuant to the terms and conditions of this Agreement. You agree that you are responsible, and MQCC bears no liability, for the use of your account by any third party, or for your use of the Service through a third party’s account, and the acts and/or omissions of such third party. MQCC also may or may not grant you a nonexclusive, nontransferable, revocable, limited license to access and use the MQCC API solely in connection with its use of the Service. Other than as expressly granted above, no other rights are granted, including without limitation any and all MQCC patents, copyrights, moral rights, trade secrets, trademarks, service marks, publicity rights, and other proprietary rights (whether or not perfected or perfectable) ("Intellectual Property Rights"). Nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software, other than the limited right to place the MQCC JavaScripts on your website(s). All ownership rights, title, and Intellectual Property Rights in and to the Service shall remain in MQCC and/or its licensors. You agree that MQCC has the right to change, modify, add to or discontinue or retire any aspect or feature of the MQCC Service at any time without any obligation to give you notice of any changes. From time to time, MQCC may, but is under no obligation to, release upgrades, fixes or new versions of the Service, although these upgrades may not be consistent across all platforms and devices.

2.        RESTRICTIONS
You agree not to, or to allow others to: (i) view,  adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer the Service, including without limitation, the source code and any other underlying ideas or algorithms of the Software (except to the extent applicable laws specifically prohibit such restriction or where in accordance with the API terms of service); (ii) copy the Software (except as required to place the MQCC JavaScripts on your website); (iii) transfer, sublicense, loan, sell, lease, use for timesharing or service bureau purposes, or otherwise commercially use or exploit the Service, unless explicitly authorized by MQCC; or (iv) use the Service in violation of any applicable regulation or law; or (v) ship, divert, trans-ship, transfer, export or re- export the Service or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the Canadian equivalent of the U.S. Commerce Department's Bureau of Export Administration, the U.S. Department of Treasury's Office of Foreign Assets Control or any other applicable Canadian government agency.

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
8.        Use the MQCC API solely in accordance with the API Terms of Use available here.
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.

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 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.

WARRANTY DISCLAIMER
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.

LIMITATION OF LIABILITY
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.

INDEMNIFICATION
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.

TERM AND TERMINATION
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.

Termination of MQCC Service.
If you are a MQCC Service customer, 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 [support@mortgagequote.ca], 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.

Termination of Add-On Services.
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 [support@mortgagequote.ca]. You must remove all MQCC scripts and materials from your website within thirty (30) days after termination.

GENERAL
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 [support@mortgagequote.ca], 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.
11.        The Agreement. This Agreement, our Privacy Policy located at [https://sites.google.com/mortgagequote.ca/mortgagequote/investor-lendershttps://docs.google.com/document/d/1YRaqrO4FZ2LBDsyvW7zt70aa3WKSdhZIBHbyyn1VujY/edit?usp=sharing] and the terms, policies or other provisions located on the Site (which are all incorporated herein by reference), constitute a complete, absolute integration and the entire agreement between the parties hereto relating to the subject matters of this Agreement. This Agreement may be revised from time to time at our sole discretion by posting the revised Agreement on the Website or otherwise providing the revised Agreement to you. The revised Agreement shall become effective upon your use of the Service after its publication or provision. Your acceptance of any revised Agreement is your continued use of the Service.

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.


MQCC SPP

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: info@mortgagequote.ca