Midtown Capital Privacy Policy
First Posted: April 24, 2020

Commitment to Privacy

Midtown Capital is the registered trade name of Midtown Capital., an Ontario based financial services firm, (sometimes referred to as “We” or “Our” or “Us” or simply “Midtown Capital” or “Company”) which operates the business financing portal MidtownCapital.ca (collectively the “Web Site”).

We are committed to protecting the privacy of your business in accordance with this Privacy Policy. This Privacy Policy outlines how We handle your business and related personal information to protect your privacy and conduct Our business services and to market related services to you.

By Using Our Web Site, or otherwise providing personal information to Us, you signify your agreement to this Privacy Policy, and you consent to Our using the personal information provided in accordance with this Privacy Policy. If ​ you do not agree with the provisions of the Privacy Policy – then don’t provide Us with information and don’t do business with Us. Our related Terms of Use Terms of use set out the terms upon which We are willing to provide Our products and services to you through the Web Site and otherwise.

WE INTEND TO USE YOUR PERSONAL INFORMATION TO PROVIDE OUR BUSINESS SERVICES AND TO COMMUNICATE WITH THIRD PARTY CREDIT SERVICE PROVIDERS ON YOUR BEHALF AND TO MARKET OUR SERVICES AND OTHER THIRD-PARTY SERVICES AND PRODUCTS THAT WE FEEL MAY BE OF INTEREST OF TO YOU.

WE RESERVE THE RIGHT TO USE ANY INFORMATION THAT YOU PROVIDE TO

US FOR ANY LEGALLY PERMISSABLE PURPOSE IN OUR SOLE DISCRETION AND THAT INCLUDES SELLING OR RENTING YOUR INFORMATION TO THIRD PARTIES.

BY MAKING A FINANCIAL SERVICES APPLICATION ON OUR WEBSITE YOU ARE AUTHORIZING US TO RUN A CREDIT CHECK ON YOUR BUSINESS ORGANIZATION.

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES.

This Privacy Policy does not cover statistical data from which the identity of individuals cannot be determined. We retain the right to use and disclose statistical data from Our Web Site, such as but not limited to sales figures, financings placed, effectiveness of landing pages, etc.​, as We determine appropriate.

Privacy Legislation

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the ​ Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA or substantially similar legislation enacted in the province in which they live. In addition, ​ an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information and similarly within that province although presently We are ​not conducting business in Quebec. Similarly, in Alberta there is the Personal Information Protection Act (PIPA) that has been in force since 2008 and in British Columbia there is the Personal Information Protection Act (PIPA) that has been in force since 2003.

Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one normally finds on a business card. Most of the information We collect is businesses type of information you find on a business card as well as financial and banking information respecting the business and the only information We generally collect from individuals engaged in the business is their basic contact information for credit application purposes; - their name, address, phone number, SIN and email and possibly a credit check as well.

Consent to Our Collection of Personal Information

In most cases, We obtain your consent to collect, use and disclosure of your personal information. Generally, We only collect personal information directly on the Web Site at the time of a credit application or in subsequent communications with you. Frequently, We may obtain information about you from other third party sources such as financial institutions, credit bureaus and identity verification services.

As part of the credit application processes, you will be requested to consent on behalf of your organization or entity, to Us obtaining a credit check and this information will form part of the file that we keep to provide Our business services.​

Information We Collect

We collect the following information from you:

• Contact information such as name, business name, email address, mailing address, SIN, and phone number;
• Financial information such as bank statements, credit card statements, your average bank balance, personal and business credit history, payment behavior, bank account information, and tax ID number;
• Social security number;
• Unique identifiers such as user name and password, and IP address; and
• Business information including company size, industry, location and business type.

In addition to collecting information via Our Website and Mobile App, We may also conduct a site visit to collect information, and obtain information and external data used by financial service providers to process applications and complete and manage transactions, e.g., from credit reporting agencies and other vendors, as well as from social media. Once you are Midtown Capital customer, We may reach out to you for, or otherwise obtain, information if you decide to renew your financing agreements or as otherwise needed to provide the Services.

Use of Personal Information by ​Midtown Capital​ and CASL Compliance

We will use your personal information as follows: to identify Our customers, to provide Our business services to Our customers, to anticipate the business needs of Our customers, to administer any contests and promotions, to issue invoices and collect monies owing, to transmit advertising and promotional material to Our customers and registered users in accordance with CASL, to permit ecommerce functionality of the Web Site, to maintain Our database of customers to provide you with user access to the Web Site and to provide to other business for secondary marketing purposes, to register you as a user and identify you when you sign in to your account, and to produce data analytics and reports containing anonymized summaries of Personal Information.

If you apply for a position with Our Company or become a service provider or employee of Us, We will use your personal information to assess your candidacy as an employee or suitability as a service provider or distributor. Lastly, We may use your contact information (name, e-mail and postal address) so that We may communicate with you by email about the services and products, contests and promotions of Our company, related companies and Our business partners.

By Using Our Web Site, or otherwise providing personal information to Us, you signify your agreement to this Privacy Policy and you consent to Our using the personal information provided in accordance with this Privacy Policy.

Personal information will be disclosed to only those of Our employees that need to know the information for the purposes of their employment activities to provide Our services to you.

Limiting Collection, How Information is Collected, Retention

Generally, We only collect personally identifiable information about you is when you voluntarily provide it to Us and which arises as a result of the fact an individual is representing a business, by for example: registering to make an online credit or financial services application, completing out a form or survey; participating in a promotion, contest or sweepstakes; signing up for an e-mail newsletter, e-mailing, calling or writing to Us.

We will limit the personal information collected to that which is reasonably necessary for the purposes identified above.

We will not keep personal information beyond a reasonable period of time during which it is required for the purposes for which it is collected.

Like most other commercial websites, We will monitor traffic patterns, site usage and related site information and statistics to optimize your visit to Our Web Site.

There are a number of ways We collect information from a customer or someone browsing the Web Site, including tracking your activities through your IP address, the use of "cookies," and Web beacons. This type of information is not personally identifiable unless you have already provided Us with your personal information online.

The server for Our Web Site usually logs your IP address when you request a page from this Web Site. By just surfing the Site you will remain anonymous to Us since We do not link your IP address to anything personally identifiable.

Another method We employ to collect anonymous information is through the use of "cookies". A cookie is a small piece of data that a Web Site can deliver to your browser, which may then be stored on your computer. Some pages on Our Web Site use cookies, issued by Ourselves or a third party vendors (like Google for AdWords and Google Analytics), or other technologies, all of which are designed to give Us better information of your Web Site experience or better serve you if and when you return to the Web Site. It is possible to set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it or to simply not to accept cookies altogether. If you decide to turn off cookies in your browser, however, some areas of the Web Site (as well as other web sites you browse) may not function properly.

We may also employ "Web beacon technologies" to better tailor this site to provide enhanced customer service. These elements are placed on several pages throughout Our Web Site. When a visitor goes to these pages, an anonymous notice of that visit is generated which may be processed by Us or by Our vendors. This technology works in conjunction with cookies (described above). You can set your browser to turn off cookies if you don't want to associate your non-personally identifiable information with your visits to these pages.

Withdrawal of Consent

You may withdraw your consent to Our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to Our collection, use and disclosure of your personal information may impact Our ability to provide Our products and services to you.

You can ask Us not to send you marketing communications by following the opt-out instructions in each communication or you may let Us know by contacting Us at privacy@Midtown Capital.ca.

Disclosure of Personal Information - Third Parties

PIPEDA ​permits Us to disclose​ personal information to third parties, without​ an individual's knowledge and consent, to a) a lawyer representing Our company, (b) collect a debt owed to Us by the individual or client, (c) comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction, (d) a law enforcement agency in the process of a civil or criminal investigation, (e) a government agency or department requesting the information; or (f) in the course of a sale of the business of Midtown Capital to a purchaser, Or (g) as otherwise required by law.

PIPEDA ​permits Us to ​transfer personal information to a third party, without​ ​the individual's knowledge or consent, if the transfer is simply for processing purposes and the third party only uses the information for the purposes for which it was transferred.

We employ web hosting companies to host Our Web Site. In such cases where We use third party​ service providers, We will use contractual or other means to ensure that Our third party service providers are bound by obligations regarding privacy which are consistent with this Privacy Policy.

We​ reserve the right to sell or rent your personal identifiable information to third parties for the purposes of secondary marketing. ​Unless otherwise noted in the Privacy Policy, We do not otherwise disclose your personally identifiable information to third parties, unless such disclosure is require​d​ by law or to protect Our interests.

Accuracy of Your Information

It is important that the information that We have on file be accurate and up-to-date. If, during the course of Our business relationship with your company, any of your information changes, please update the information using Our portal or inform Us so that We can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.

Safeguards - No Guarantees

Midtown Capital uses various commercially reasonable safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include security of Our physical premises; security software and firewalls to prevent unauthorized computer access or “hacking” of Our servers; and internal passwords that restrict access to Our electronic files.

However, as recent high-profile data breaches around the world demonstrate, no information made available online is perfectly secure these days and there is always the risk of disclosure.

If there is a data breach, We will notify you in accordance with privacy law respecting data breaches.

No Information Collected from Children.

We do not knowingly collect any personal information about children under the age of 13. If We obtain actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from Our database. Because it does not collect such information, We have no such information to use or to disclose to third parties. Midtown Capital has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

Access to your Personal Information

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Midtown Capital will notify you in writing of the reason for the denial.

To request access or to amend your personal information, please contact the business associate of Ours who you normally deal with at or Our Privacy Officer at:

Midtown Capital
2300 Yonge Street, Suite 1600
Toronto, Ontario, M4P 1E4

We will respond within thirty (30) days of receipt of your written request.​

Challenging Compliance

Midtown Capital will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Our Privacy Officer at:

Midtown Capital
2300 Yonge Street, Suite 1600
Toronto, Ontario, Ontario M4P 1E4

We will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, We will take appropriate measures to resolve it, including, if necessary, amending this Privacy Policy and its procedures.

Privacy Contacts

If any complaint or inquiry is not handled to your complete satisfaction, you may contact the relevant government agency:

Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3
Telephone: 613.995.8210
Toll free: 1.800.282.1376

Office of the Information and Privacy Commissioner Alberta (Edmonton)
Suite 410, 9925 109 Street NW
Edmonton, AB T5K 2J8
Phone: (780) 422-6860
Toll-Free: (888) 878-4044
Fax: (780) 422-5682

Office of the Information and Privacy Commissioner for British Columbia
PO Box 9038 Stn. Prov. Govt.

Victoria B.C. V8W 9A4
Telephone: (250) 387-5629
Facsimile: (250) 387-1696

Changes to this Privacy Policy

We may change this Privacy Policy from time to time to reflect changing business needs or changes in privacy laws. Any changes will be posted to this Website together with the date of any change – the “Last Update” date at the top of this document.

Please check from time to time to ensure you are aware of Our current policy. This Privacy Policy is effective as of June 15, 2019 and was Last Updated (N/A) and any amendments will be posted at this URL as they are made and will be effective the date of posting. Any changes in the Privacy Policy will apply to personal information collected from the date of the posting of the revised Privacy Policy on the Web Site onwards.

Inconsistencies

In the event of an inconsistency between the Terms of Use, and this Privacy Policy the wording in the Privacy Policy shall prevail. In the event of an inconsistency between any business agreement you enter with Us and this Privacy Policy, the wording in the business agreement shall prevail.

© Midtown Capital carrying on business as Midtown Capital. April 24 2020. All rights reserved.