Privacy Policy

TREZ  CAPITAL LIMITED PARTNERSHIP, TREZ CAPITAL FUND MANAGEMENT LIMITED PARTNERSHIP  and affiliated entities

This policy explains the type of Personal  Information we collect, how it is used and the steps we take to ensure that  your Personal Information is handled appropriately.

TREZ CAPITAL LIMITED PARTNERSHIP, TREZ  CAPITAL FUND MANAGEMENT LIMITED PARTNERSHIP and their affiliates and  subsidiaries (“Trez”) have developed  their privacy policy as outlined below to comply with the Personal Information Protection Act (British Columbia), similar  legislation in other applicable provinces and the federal Personal Information and Electronic Documents Act and adopting the  ten principles outlined in the Model Code for the Protection of Personal  Information. In this policy “we”, “our”, and  “us” mean collectively Trez Capital Limited Partnership and  Trez Capital Fund Management Limited Partnership and their subsidiaries and  affiliates. Terms such as “you” and “your”  mean an individual who has made an application to us, or provided a guarantee  for any product or service provided by us.

WHAT IS  PERSONAL INFORMATION?

Personal  Information” is any information that is specific to you as an individual  and includes your residential address, date of birth, age, marital status,  education, employment history, identification numbers, financial information  and credit records. It does not include business contact information that would  typically appear on a business card or that is available in public records such  as public telephone directory information and professional and business  directories available to the public.

THE TEN  PRINCIPLES

Trez has adopted the 10 principles for  the protection of privacy forming part of the applicable privacy legislation  which established rules for the collection, use and disclosure of Personal  Information.

Accountability

Keeping your Personal Information confidential  is part of the responsibility of every employee at Trez and we are accountable  for all Personal Information in our custody including Personal Information that  we disclose to third parties for processing, storage, or other administrative  functions. Employees and our suppliers are informed about, and must comply  with, the policies and procedures that we have established regarding the  collection, use and storage of your information. Trez is committed to ensuring  that the appropriate security measures are employed in the transfer of  sensitive information.  However, in  relation to e-mail or wireless communication, complete confidentiality and  security cannot be assured.  E-mail sent  over the internet is generally unencrypted.   We recommend that you use caution when forwarding free-format e-mail  messages to us and that you do not include confidential information (such as  account numbers) in those messages, as they are not encrypted.   Trez is not accountable for any damages  suffered when a client transmits personal information through e-mail or  wireless communication to Trez or when Trez transmits personal information via  e-mail or wireless communication to a client on request.  We have a designated Privacy Officer who is  responsible for monitoring and supervision of Trez’s compliance with this  Privacy Policy.

Collection  Purposes and Use of Your Personal Information

Trez will identify and document the purposes for which it collects  the Personal Information, before or at the time of collection. In most situations  where you are asked to provide Personal Information, it will be readily obvious  to you why we are collecting such information and how we will use it.

If you are an investor, we will collect,  as part of the subscription process, your name, address, telephone number, e-mail  address, banking information and social insurance number primarily for the  purposes of being able to communicate with you, to be able to remit  distributions to you, and to prepare income tax and other reporting required by  law.

If you are a borrower or guarantor, we  will collect, as part of the loan approval process, your name, address,  telephone number, and at times your personal financial information to be able  to communicate with you and for the purposes of determining your creditworthiness  and to assist in future enforcement and collection of the loan.
  Depending on how you do business with us,  we may gather Personal Information from the following sources:

     
  • from you,  on applications, contracts or forms filled out through telephone, e‑mail or  face‑to‑face interviews; 
  • from  intermediaries contracted by us with whom you have a relationship; 
  • from your  interactions with us (for example, as an existing investor or past borrower or  guarantor); 
  • from  government and other entities, such as Canada Revenue Agency; 
  • from  consumer reporting agencies, such as a credit reporting agency; 
  • from  previous employers.

We may collect from, and use and disclose  Personal Information to, any person or organization for the following purposes:

     
  • to verify your identity and  protect you and us from error and fraud; 
  • to understand your financing  requirements; 
  • to determine your  creditworthiness, ability to pay, and security available and thus your  eligibility for a loan; 
  • to set up and manage automatic  payments; 
  • to comply with legal, regulatory  and contractual requirements; 
  • to maintain appropriate levels  of ongoing service and recommend specific products or services that are  suitable.

We may use third party service providers  to assist us with various services such as legal services, accounting and  audit, title insurance, mortgage default insurance, mortgage administration,  printing, collection of accounts, mail distribution and marketing and we may  release information about you to them. When your Personal Information is  provided to our service providers we will, where they do not have their own  privacy policy in effect, or are not governed by a professional privacy policy  with respect to privacy and confidentiality, require them to protect the  information in a manner consistent with our privacy policy.
  We may collect, use and disclose your  social insurance number for income tax reporting purposes but also to verify  and report credit information to credit reporting agencies and to verify your  identity. Your social insurance number may be used to keep your Personal  Information separate from that of other clients with similar names. You may  refuse to consent to its use and disclosure for purposes other than required by  law.

If we syndicate or assign your mortgage  or loan, sell parts of our business, or merge or amalgamate with other  entities, we may release the information we hold about you to the prospective  purchaser or assignee as part of due diligence and on completion of the  transaction.

When you apply, as a borrower or  guarantor, for a loan we may exchange information about you with credit bureaus  for the purpose of establishing your creditworthiness and maintaining the  reliability of the credit reporting system. If you use a mortgage broker or  other third party to assist you in your credit application we may obtain and  exchange information with them in order to determine your eligibility for  credit.

We may verify relevant information you  give us with your employer or your references and you authorize any person whom  we contact in this regard to provide such information to us.

We may monitor or record any telephone  call we have with you. We will retain the content of the call. This is to  maintain an accurate record of the information you provide and to ensure that  our service levels are maintained.

Obtaining  Your Consent to Collect, Use or Disclose Your Personal Information

With certain exceptions as outlined  below, we will obtain your consent to collect, use or disclose Personal  Information. This consent will allow us to check your employment, obtain a  credit report and exchange information with credit reporting agencies and share  your information with our affiliates.  In most cases, we will seek your express  consent to the use of your Personal Information.

If you are an  investor, by completing and signing a subscription agreement and related  documentation to purchase our securities, you are giving us your express  consent for us to use the Personal Information provided by you in the ways  outlined above or in the documentation provided to you at the time or as  required or permitted by law or other rules and regulations governing us and  our business.

If you are a  borrower or guarantor, by completing an application for a loan, including a  personal financial statement, you are giving your express consent for us to use  the Personal Information provided by you during the loan approval process in  the ways outlined above or in the documentation provided to you at the time or  as required or permitted by law or other rules and regulations governing us and  our business.

Your consent may be given in writing,  verbally or by electronic means. We may rely upon implied consent where  permitted by law including where the following situations occur:

     
  • where a customer relationship  already exists; 
  • where express consent has been  previously been given for the same or similar use of the Personal Information; 
  • where the intended use is  reasonably obvious from the context in which it is obtained and you provide the  information voluntarily.

The following  are exceptions where we may collect, use or disclose Personal Information  without consent and for which you may not withdraw consent:

     
  • if we use an outside supplier  to do work for us as outlined above; 
  • if we are compelled to release  information by a court or other legal or regulatory authority or permitted to  do so by law; 
  • to protect our interests, such  as collecting overdue payments, realizing on security pledged for a loan, or to  detect or prevent fraud; 
  • to periodically update your  Personal Information with credit reporting agencies as long as you have a loan  with us and for a period of time following payment, in order to maintain the  integrity of the credit reporting system; 
  • where we need to exchange or  disclose customer information to syndicate or assign your mortgage or loan, or  as part of the sale or merger of our business.

Where you are permitted to withdraw your  consent, and you do withdraw your consent, (if, for example you choose not to  receive direct marketing), we will do our best to make sure that our files are  updated as quickly as possible. You must give us reasonable notice of your withdrawal of consent in writing.
  If you withdraw your  consent, we will inform you of the implications of such withdrawal. To withdraw  your consent, simply contact us and advise us of what Personal Information you  no longer wish us to use. Withdrawal of your consent may result in us being  unable to continue to offer you our products or services.

Limits  on Collection of Personal Information

Trez limits the amount and type of  Personal Information to what is necessary for the purposes we have identified.  We will obtain Personal Information only by fair and lawful means and not by  misleading or deceiving you about the purposes for which information consent to  collection is sought.

Limitations  on Use, Disclosure, and Retention of Your Personal Information

We will use or disclose your Personal  Information only for the reasons it was collected, as described in this Privacy  Policy. Disclosure means providing specific information about you from our  records to a third party. When you apply to Trez for a loan, such application  forms contain an express consent for use and disclosure, pursuant to the terms  outlined both on the application and in this Privacy Policy. If a new purpose  is developed in the future, we will notify you and request your consent for use  of your information for this new purpose.

We will keep Personal Information as long  as necessary for the purposes identified in this Privacy Policy, which will be  at least as long as any balance remains outstanding on any loan provided to  you, and thereafter during any period after settlement of all balances during  which any readjustment or claim is not statute barred.

Accuracy

We will make every effort to ensure the  Personal Information in our records is accurate and up to date. We also rely on  you to tell us when your Personal Information changes. If you identify any incorrect or outdated Personal Information  requiring amendment, please contact your investment representative or your  mortgage broker, as applicable.

Security  of Your Personal Information

The security of your Personal Information  involves both physical, organizational and electronic methods. We only contract  with key suppliers that have a proven track record of securely handling  Personal Information and share our policies.

We  restrict physical access to areas where information is collected, stored or  processed to authorized employees and agents only.

We maintain electronic security measures  such as password protection to prevent unauthorized access to our electronic  records of Personal Information.
  When information is no longer required  and is to be destroyed we shred paper documents that contain Personal  Information and erase or make anonymous any Personal Information on any  electronic media.

Although we cannot  take responsibility for any theft, misuse, unauthorized disclosure, loss,  alteration or destruction of data by a third party, we take reasonable  precautions to prevent such unfortunate occurrences.

Openness

We attempt to make information about our  privacy policies and procedures available to its investors and borrowers. We  will use simple language that is easy to understand and to provide specific  information regarding how we comply with this Privacy Policy.

Through  this Privacy Policy and other documentation you will be able to determine:

     
  • the title, office address, and  e‑mail of the person at Trez who is responsible for responding to your requests  about the privacy of your Personal Information; 
  • how to review your Personal  Information held by Trez; 
  • a description of the type of  Personal Information held by us and a general account of its use.

Individual  Access

Upon your request, we will tell you what  Personal Information we have, what it is being, or may be used for, from whom  it was collected and to whom it has been disclosed. Depending on the nature of  the information you are requesting and the complexity of your request, we may  ask you to put your request in writing. Some of the information you request may  not be immediately available. If this is the case, we may require that your  request be submitted in writing or by e‑mail and we will provide such  information as soon as reasonably available and generally within thirty days.

Generally, there will be no charge for  verifying or correcting your Personal Information. Depending on the  circumstances, there may be a charge if you want a copy of records that we have  already given you or your request is relatively complex. We will let you know  in advance if there is a charge.

If we have obtained Personal Information  about you from other people, you can ask us for the source of that information.  If we obtained a credit report on you, we will advise you of the agency that  provided such report and you may contact them directly for a current credit  report.

We may not be able to provide you with a  copy of appraisals or other materials obtained by us from third parties subject  to copyright, without the authorization of the author. We will provide you with  a summary of the findings of such third party reports.

On request, and except where legally  prohibited, we will provide you with the names of outside companies or  organizations to whom we’ve given your Personal Information. This will not  include outside suppliers we engaged to provide services to us or companies  that process information for us. This also will not include reports to the  Canada Revenue Agency, regular updating of credit information to credit  bureaus, indicating to third parties when cheques are returned NSF, or  information provided to legal counsel for the purpose of collection or  enforcement of security or information that has been provided for legal or  regulatory reasons.

We will  not provide Personal Information if it:

     
  • is not readily retrievable and  the cost of retrieval cannot be justified; 
  • includes Personal Information about other customers; 
  • contains our own proprietary information, such as a credit scoring formula, assessment of risk, or  collection recommendations; 
  • cannot be disclosed for legal reasons; 
  • is subject to solicitor/client or other privilege; 
  • is used for the detection and  prevention of criminal activity, including fraud, and dealings in proceeds of  crime.

We will give you brief reasons for any  refusal to allow access to your Personal Information. You may then challenge  our decision.
  If we discover that we have information  about you that is obsolete or incorrect, we will update our records  accordingly. We reserve the right to decline a requested correction but will  append a notation to the records of your requested alternative information.  Whenever possible, we will correct any information which we may have given to  an outside organization.

If a third party such as a credit bureau  or reporting agency has given us information that you tell us is wrong, we will  give you the name and address of that party so that you can contact them to  correct the information they maintain.

Complaints  about Policy and Compliance

Trez is committed to treating your  Personal Information in accordance with this Privacy Policy. If you have any  questions or complaints about this Privacy Policy or how we are living up to  this Privacy Policy, let us know right away. Your first step should be to talk  to the mortgage broker or employee with whom you are doing business. If your  complaint or question remains unresolved you should then bring it to the  attention of our Privacy Officer as follows:

Privacy Officer –  Trez Capital Limited Partnership/Trez Capital Fund Management Limited  Partnership
1550-1185 West Georgia Street
Vancouver, BC  V6E 4E6
Tel: (604) 689-0821
Fax: (604) 638-2775
 
Should you  not accept the conclusion of Trez’s Privacy Officer, you may contact:

Privacy  Commissioner of Canada
Place de Ville
112 Kent St.,
34d Floor Ottawa, ON
K1A 1H3
Toll free at 1 800 282‑1376
www.privcom.gc.ca