Macquarie Financial Ltd. and Mortgages Canada (a division of Macquarie Financial Ltd.)(collectively “MFL”, “we”, “us” or “our”) takes steps intended to meet privacy principles and requirements with respect to personal information under applicable Canadian privacy legislation. The purpose of this statement is to inform our customers and other individuals we deal with (“you” or “your”) how we collect, use, disclose and protect your personal information. For example, we obtain personal information concerning individuals from mortgage brokers and / or directly in order for us to assess whether we can approve your mortgage or loan application. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This statement applies to our collection, use and disclosure of personal information in Canada. This statement does not apply to information about our employees except information collected, used or disclosed as a result of a staff mortgage. This statement does not apply to information that is not personal information.

Personal Information We Collect 

MFL and its agents and representatives collect personal information in a number of circumstances in the course of its residential mortgage and lending business. Personal information we collect includes:

• name, address, telephone number(s), and other contact information;
• assets, savings, income, liabilities, credit records including reports from credit bureaux or personal information agents, social insurance number, banking information, property ownership, rent paid, income from rented properties, insurance, tax information (including tax returns and notices of assessment, net worth statements, business license and other financial information;
• identifying information such as social insurance number and/or driver’s license if provided;
• occupation, employer, employment history and type (self employment or employment) and other occupational information;
• marital status, date of birth, age and other biographical or profile information;
• information collected with your consent from other sources including information to verify information such as employer and income details, and banking information
• information compiled as a result of entering into a mortgage or other transaction or loan with you including information on delinquencies and defaults;
• information on mortgage applications and renewal forms and other information you may provide or we may collect during our mortgage assessment and approval process;
• information concerning a guarantor and any other party named on the mortgage or loan;
• personal information from third party financial companies where we fund mortgages or loans originated by those third parties or where we provide mortgage or loan administration services to  third parties;
• information we collect to update our records;
• information collected from recording telephone conversations with our staff; and
• such other information we may collect with your consent or as permitted or required by law.

Use of Personal Information 

Macquarie uses personal information including for the following purposes:

• establishing your needs and determining your credit responsibility, recording, evaluating and responding to your request for mortgage or loan financing and renewals;
• verifying and updating information you have provided to us;
• confirming your identity; if provided, your social insurance number and/or driver’s license will be used for purposes of identification;
• determining your eligibility from time to time for products of MFL or its affiliates and sending you information by mail, phone or email concerning those products if you consent;
• managing, administering, collecting or otherwise enforcing mortgages or other financial obligations;
• information from recorded telephone calls is used to identify you, confirm your directions, maintain a record of your instructions and for training and quality assurance purposes;
• funding and servicing mortgages or loans originated by third parties;
• providing mortgage or loan administration services to third parties;
• protecting you and us from error and fraud;
• maintaining business records for reasonable periods, and generally managing and administering our business;
• meeting legal, regulatory, self-regulatory, audit, insurance, security and processing requirements; and
• otherwise with consent or as permitted or required by law.

Disclosure of Your Personal Information 

Macquarie generally uses personal information including in the following purposes:

• to credit bureaux and personal information agents including to update your information with credit bureaux and personal information agents as long as you are a borrower with us and for a period of time following repayment;
• to affiliates to maintain a record of loans, delinquencies and defaults which may be accessed by Macquarie’s affiliates if you approach another affiliate for funding;
• where required by regulatory requirements including applicable requirements in jurisdictions outside Canada where MFL or its affiliates have operations; and
• otherwise with consent or as permitted or required by law.

In addition to the above, personal information may be disclosed to our affiliates (including outside of Canada) for internal audit, management, billing or administrative purposes.

Service Providers.  MFL may transfer personal information to outside agents or service providers (including affiliates of Macquarie acting in this capacity) that perform services on our behalf, for example mortgage or loan administration, enforcement, debt recovery and collections; mailing; call center; billing; marketing; information technology; and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Privacy Statement.  MFL may also use an agent as custodian to hold registered title to your mortgage or loan in order to permit sale of mortgages and loans to certain mortgage and other bond funds. Some of these service providers or affiliates may be located outside of Canada, including in Australia and the United States, and your personal information may be collected, used, disclosed, stored and processed in Australia or the United States or elsewhere outside of Canada for the purposes described in this Privacy Statement. Reasonable contractual and other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada, Australia, the United States and other foreign countries applicable to our affiliates, agents and service providers. In the event that a Service Provider is located in the United States or Australia, for example, the United States or Australian governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions.  Personal information may be used by MFL and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, merger, amalgamation, assignment or other disposal of all or part of Macquarie or our business or assets, for the purposes of evaluating and/or performing the proposed transaction.  These purposes may include, as examples:

• permitting those parties to determine whether to proceed or continue with the transaction
• fulfilling reporting, inspection or audit requirements or obligations to those parties

Assignees or successors of MFL or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Statement.

Legal, Regulatory, etc. Macquarie may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable to MFL or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).

Our Website 

We collect aggregate information website traffic; for example, what pages consumers access or visit. This statistical information we collect is used for internal review and to improve the content of our website. It is not shared with any other organizations for commercial purposes. We do not set any cookies. We do not partner with or have special relationships with any ad server companies.

If you supply us with your postal address or email address, you will only receive the information for which you provided us your postal address or email address.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Macquarie Financial only collects Personal Information that you submit voluntarily when you provide your name, address and any other contact information you choose to provide, on the "Contact Us" portion of the Site. Such Personal Information is collected for the sole purpose of adding your name and contact information to Macquarie Financial Ltd.'s mailing list in order to provide you with publications, promotions, updates and invitations to upcoming Macquarie Financial Ltd. events that may be of interest to you. By providing Macquarie Financial with Personal Information on these portions of the Site, you consent to the collection and use of such information in accordance with this privacy statement. Macquarie Financial does not disclose any Personal Information to any third parties, except as required by law. If you are concerned about how your information is used, you should check back at our website periodically.

Please let us know of any questions or concerns via email at mflprivacyofficer@macquarie.com.  

Links to Sites and Services  

We may provide links to other web sites we think you may be interested in. We are not responsible for these sites. Before providing any personal information on these third-party websites, you should ensure that you have read their privacy policies.

Your Consent  

Consent to the collection, use and disclosure of personal information may be given in various ways.  Consent can be express (for example, orally, electronically or on a form you may sign either directly with MFL or with a third party such as a mortgage broker) describing the intended uses and disclosures of personal information) or implied (for example, when you provide information necessary for a service you have requested).  Your consent can be received by Macquarie via a third party such as a mortgage broker who you direct to send your application to MFL. You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any.  Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney).  Generally, by providing us with personal information either through a mortgage broker or directly, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy statement, if applicable, or otherwise at the time of collection.  

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice.  Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing mortgage or other financial products to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Statement or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, disclosures to Canadian and foreign government entities as required to comply with laws, and reporting on credit information after credit has been granted, if applicable).

MFL collects, uses and discloses your personal information with your consent, except as permitted or required by law.  We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us including when realizing on security. 

Data Security

Access, Correction and Contacting Us 

MFL may establish and maintain a file of your personal information for the purposes described above, which will be accessible at Macquarie Financial Ltd., 20 Toronto Street, Toronto, Ontario M5C 2B8.  If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention Privacy Officer. Your right to access or correct your personal information is subject to applicable legal restrictions.  We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to change or withdraw your consent, obtain more information on MFL privacy policies and procedures, make inquiries or complaints, obtain information on how to access the file containing your personal information held by personal information agents we consulted, or have other concerns about our personal information practices, you may write to us as described above, e-mail us at mflprivacyofficer@macquarie.com or telephone us at 1-866-681-9462 (English) or 1-866-681-9464 (French). 

To opt out of receiving product solicitation 

Please advise us by one of the above means, or on any opt-out opportunity that may be provided to you, if you wish to withdraw your consent to be sent marketing materials. Opting out of receiving marketing material will not limit regulatory or product-related account information that we may need to send to you.

Privacy Statement Changes 

This Privacy Statement may be revised from time to time.  If we intend to use or disclose Personal Information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Privacy Statement.  If you are concerned about how your personal information is used, you should contact us as described above or checking at our website periodically at MacquarieFinancial.com to obtain a current copy of this statement.  We urge you to request and review this Privacy Statement frequently to obtain the current version.  Your continued provision of personal information or use of our products following any changes to this Privacy Statement constitutes your acceptance of any such changes.  The Privacy Statement is effective as of July 30, 2008.