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
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
to Our using the personal information provided in accordance with this
provide Us with information and don’t do business with Us.
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.
ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS
IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES.
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.
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
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
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
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,
using the personal information provided in accordance with this Privacy
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
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
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
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.
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
We reserve the right to sell or rent your personal identifiable
information to third parties for the purposes of secondary marketing.
your personally identifiable information to third parties, unless such
disclosure is required 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
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
2300 Yonge Street, Suite 1600
Toronto, Ontario, M4P 1E4
We will respond within thirty (30) days of receipt of your written
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:
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,
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
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
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
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
inconsistency between any business agreement you enter with Us and this
© Midtown Capital carrying on business as Midtown Capital. April 24 2020.
All rights reserved.