Privacy Policy of FOCUS Mortgage Solutions Inc.

Created this 1st day of August, 2007

 

In compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

FOCUS Mortgage Solutions Inc. is responsible for the protection of personal information and the fair handling of it at all times with regards to taking care in collection, use and disclosure of personal information from our clients.

Jason Dornstauder, the Broker/Owner, can be reached directly with any questions, concerns, or complaints you may have regarding the use of personal information.  He can be contacted by calling (306)-205-1270 Monday through Friday or via email at .  All requests for personal information will be facilitated within 30 days.  Individuals can request their personal information at no cost.  Outside agencies with written client consent may incur a charge for any requested information.

Under no circumstances will personal information be collected, shared, or disclosed without the consent of our clients by way of our signed and dated “Engagement Letter and Privacy Statement”.  Such written consent will expire in 182 days (6 months).  New transactions beyond this expiration date must be accompanied by new written consent by way of our “Engagement Letter and Privacy Statement”.  All clients of FOCUS Mortgage Solutions must be 18 years or older and must provide proof upon request by way of Government Issued Identification.  Powers of Attorney will be recognized only by the terms of our Lenders and Insurers and may include limitations.

All private information is used solely in order to facilitate the process of mortgage financing.  All collected information is held in the strictest of confidence and is not traded, bartered or sold.  Information collected is shared directly and only with such parties (Mortgage Lenders and Mortgage Insurance Company’s) that are immediately involved with the mortgage process.  FOCUS Mortgage Solutions collects and verifies various personal, financial, property, employment, and credit information as is necessary only for arranging Mortgage Financing as directed by our Mortgage Lenders and Insurers.  Non-relevant or obscure information will not be collected.

Personal information is securely stored on site at 104-438E Victoria Avenue, Regina, SK.  All information is protected against loss or theft and is safeguarded from unauthorized access.  Access to personal information is restricted to employees of FOCUS Mortgage Solutions Inc, and on rare occasion to Local and Federal Law Enforcement Agencies upon written request.  Clients may access their personal information during standard office hours by appointment.  Any other requests for client information by anyone other than the client must be requested by written authority of the client and will be verified prior to any disclosure of any information.

Personal information is retained as long as necessary to satisfy the purpose of arranging for mortgage financing but may, at the Brokers sole discretion, be held on site for a maximum of 5(five) years from the date of application, 5 (five) years from the date of Mortgage Maturity; after which it shall be properly disposed – all hardcopy (paper) will be shredded and all electronic forms will be deleted.  Clients can request their information for personal disposal upon the completion of their mortgage transaction.  Requests of this nature must be in writing and must contain an indemnification clause that frees FOCUS Mortgage Solutions Inc and its employees from any and all legal recourse upon release of said information.

Exceptions

Exceptions to use of personal information – FOCUS Mortgage Solutions Inc may use personal information without the individual’s knowledge or consent only:

  • if the organization has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;
  • for an emergency that threatens an individual's life, health or security;
  • for statistical or scholarly study or research (the organization must notify the Privacy Commissioner of Canada before using the information);
  • if it is publicly available as specified in the regulations;
  • if the use is clearly in the individual's interest and consent is not available in a timely way; or
  • if knowledge and consent would compromise the availability or accuracy of the information and collection was required to investigate a breach of an agreement or contravention of a federal or provincial law.

Exceptions to disclosure of personal information – FOCUS Mortgage Solutions Inc may disclose personal information without the individual’s knowledge or consent only:

  • to a lawyer representing the organization;
  • to collect a debt the individual owes to the organization;
  • to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
  • to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
  • to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;
  • to an investigative body named in the Regulations of the Act or government institution on the organization's initiative when the organization has reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs;
  • if made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;
  • in an emergency threatening an individual's life, health, or security (the organization must inform the individual of the disclosure);
  • for statistical, scholarly study or research (the organization must notify the Privacy Commissioner before disclosing the information);
  • to an archival institution;
  • 20 years after the individual's death or 100 years after the record was created;
  • if it is publicly available as specified in the regulations; or
  • if required by law.

Exceptions to access of personal information – FOCUS Mortgage Solutions Inc. must restrict access to personal information:

  • if it would reveal personal information about another individual* unless there is consent or a life-threatening situation; or
  • if the organization has disclosed information to a government institution for law enforcement or national security reasons. Upon request, the government institution may instruct the organization to refuse access or not to reveal that the information has been released. The organization must refuse the request and notify the Privacy Commissioner of Canada. The organization cannot inform the individual of the disclosure to the government institution, or that the institution was notified of the request, or that the Commissioner was notified of the refusal.

Exceptions to access of personal information – FOCUS Mortgage Solutions Inc may refuse access to personal information if the information falls under one of the following:

  • solicitor-client privilege
  • confidential commercial information*
  • disclosure could harm an individual's life or security*
  • it was collected without the individual's knowledge or consent to ensure its availability and accuracy, and the collection was required to investigate a breach of an agreement or contravention of a federal or provincial law (the Privacy Commissioner of Canada must be notified)
  • it was generated in the course of a formal dispute resolution process

* If this information can be removed, the organization must release the remaining information.

Revisions to this Policy may be made in order to facilitate the PIPEDA. 

Last Updated 01/20/2015