What Is Personal Information?
We value our clients’ trust in protecting the confidential, private details and information that is gathered in connection with their mortgage application, pre-approval, request for information for a mortgage(s) or loan(s) and insurance or any other product through Groupe Hypothécaire Orbis or Groupe Hypothécaire Orbis affiliates and is provided to, or collected by, Groupe Hypothécaire Orbis and its staff or by Orbis’s brokers, associates, and affiliates on Orbis’s behalf.
Why Groupe Hypothécaire Orbis Collects Personal Information
Groupe Hypothécaire Orbis collects and uses Personal Information for the following purposes:
How Do We Collect Personal Information?
The client is our main source of information in their profile. We therefore require a client’s consent, in order to obtain information directly from a third party to help us determine eligibility and qualification for various financial products and services. For credit matters, for example, it is essential that we know the clients’ financial worth as well as the clients’ credit record. We will also contact other lenders, financial institutions, credit bureaus and employers. Consent is very important as a result, because without it, we will be unable to carry out the appropriate inquiries, and it may be difficult for us to offer the appropriate credit product requested by the client(s). In most cases, consent is given on the forms used for specific products or, from time to time, on a separate form. The declaration of consent is clear and unambiguous, and in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
All Groupe Hypothécaire Orbis Agents are required to obtain proper consent from each client applying for any credit facility. Failure to do so can lead to the suspension of access to any and all credit reporting agencies, such as Equifax, Trans Union, and/or others offering similar services. Repeat offenders will be reported promptly to the appropriate regulating parties, and further consequences may result. Acceptable forms of consent would include the Consent Form supplied on the Filogix System. This form or other forms that comply with PIPEDA, must be signed, and acknowledged by each client prior to accessing their credit report, or any information that is contrary to the Privacy Act.
A member code for Equifax, or any of the credit reporting agencies will not be assigned to anyone new to the industry for at least 60 days, and only after our Groupe Hypothécaire Orbis mentoring program has been successfully completed. Member codes will be assigned to agents who have been engaged in the industry for at least 12 months, and only after head office receives at last three lender references.
Our Clients may withdraw their consent by written notice to us at any time, subject to any legal or contractual restrictions and reasonable notice. A Client’s refusal to provide, or subsequent withdrawal of, his or her consent may affect Groupe Orbis’s ability to provide the Client with mortgage services. A member of Groupe Hypothécaire Orbis will inform the Client of the implications of such withdrawal. To withdraw consent, a Client should contact the Chief Privacy Officer in writing at:
Attn: Theodore Kyres, President
Groupe Hypothécaire Orbis
285 Place d’Youville suite 9
Montréal, QC H2Y 2A4
Use and Disclosure of Personal Information
We will use a client’s personal information to provide financial advice and services to the client, to administer our database, to include clients in direct marketing activities and for the other uses described above under the heading “Why Groupe Hypothécaire Orbis Collects Personal Information”. Under certain circumstances, Groupe Hypothécaire Orbis will disclose a client’s personal information to third parties. Specifically, personal information may be used, shared and disclosed to, from, or with, the members of Groupe Hypothécaire Orbis, witnesses in a litigation proceeding, experts retained on a Client’s behalf, private investigators, agents retained on behalf of a client, credit reporting agencies, credit bureaus, as well as such other third parties as are necessary to facilitate the matter for which the client has retained our office and provided its consent. Under certain circumstances Groupe Hypothécaire Orbis may disclose personal information where:
Limiting collection and retention of Personal Information
Groupe Hypothécaire Orbis strives to ensure that a Client’s Personal Information is as accurate, complete, and up to date as is necessary for the purposes for which it is used. All lenders reviewing submitted transactions, rely on agents submitting each transaction for the accuracy of information to a large extent, and expect each agent to complete as much due diligence and best practices to ensure the validity of the information provided. These practices include confirming the identity of your clients, and carefully reviewing all documentation, such as income, down payments, appraisals, offers of sale and purchase, or any other documents relevant to each transaction before submission to a lender. This is a necessary step while processing each transaction, as it can only help to prevent fraudulent activity. Each Agent is responsible to ensure that all of the information they collect is accurate, and fully disclosed to each lender they choose to submit their transaction to fro approval, as is outlined in their Independent Agent Contract.
Groupe Hypothécaire Orbis has quarterly sessions on fraud awareness for those Agents who wish to attend our training course on what to look for while reviewing documentation during the transaction process. It is also recommended that agents review frequently asked questions on AMF’s website at www.lautorite.qc.ca. For those who have any questions in relation to Standard Practices, agents are free to inquire with the AMF’s contact centre, or can call 514-395-0337 for further inquiries.
Groupe Hypothécaire Orbis endeavors to maintain adequate safeguards to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Clients’ Personal Information in the care of Groupe Hypothécaire Orbis. Groupe Hypothécaire Orbis uses various methods to safeguard personal information, including physical security, computer and electronic security, destruction of information no longer needed, and contractual protections with third party data processors. All of files a scanned and hard copies of files required by the AMF are maintained at head office dating back 12 months or until scanned.
Client lists are never passed on to third parties other than affiliated members of Groupe Hypothécaire Orbis. When they are hired, our employees and agents must undertake to respect the confidential nature of client information. Only employees and associates who need to view the file as part of their work have access to this information.
Groupe Hypothécaire Orbis Web site
Groupe Hypothécaire Orbis requires all Agents engaging in a website, to have our privacy and compliance officer review all content of the proposed website before it goes live, and becomes accessible to the public. There are quarterly reviews conducted on our Agent websites, in order to ensure continued compliance. This is also outlined in the Independent Agent Contract that each Agent is required to sign when hired by our firm.
Communicating with Groupe Hypothécaire Orbis
We recognize that convenience and quick access to advice must be balanced with security needs. We use many different means to communicate with clients, some of which are more convenient such as e-mail. Our emails are sent with industry standard 128 bit encryption. Such encryption however does not guarantee privacy and security as encrypted messages can nonetheless be subject to interception and translation. If clients do not wish us to communicate by e-mail, they may speak with the consultant/broker/agent handling the matter about alternative arrangements.
Attn: Theodore Kyres, President
Groupe Hypothécaire Orbis
285 Place d’Youville suite 9
Montréal, QC H2Y 2A4
Security and data storage
All agents and brokers will take reasonable steps to protect personal data supplied by clients. All original documentation will be kept in secure premises not accessible to the public. Once a file is complete, any un-required documentation will be returned to the client immediately. Original documentation if it was obtained from a client, will be submitted to head office in either hardcopy or electronic format prior to the closing of the transaction. While agents may retain copies of files, every effort must be made by the agents to safeguard the information on hand, as they are responsible for ensuring the protection of all confidential and private information.
It should be noted that all files are the property of Groupe Hypothécaire Orbis. Although brokers and agents may retain data for marketing purposes, the clients belong to Groupe Hypothécaire Orbis.
Any documentation not further required, must be shredded immediately. All electronic documentation must be password protected. Laptops containing client files shall not be left unattended in public areas.
Head Office will take reasonable steps to ensure the security of the data of client files. Scanned documentation must be adequately protected and catalogued. All client records and personnel records will be kept in locked cabinets or in secured electronic format. All computers at head office will be password protected and data will be backed up on a regular basis on our external/mobile hard drive, to be stored off site every evening in a secure location. All scanned documents will be shredded immediately or stored in a locked secure cabinet until shredded by a third party. We currently employ the services of Iron Mountain.
Completed mortgage files will be retained for a period of six years past the maturity date of the mortgage. All non-mortgage related documentation will be kept on file for six years. Documentation relating to canceled or incomplete files will be maintained for a minimum of one year, save and except the consent form, which must remain on file for a period of three years in the case the any of the credit reporting agencies require proof that consent was granted by a client for obtaining their report. All hard copies will be shredded after that point in time.
Upon receipt of a complaint from a consumer or an investor, the Complaints Officer (or designate) will take immediate action to investigate. Should the complaint relate to a completed file, the Complaints Officer will pull existing documentation on file with the company. The Complaints Officer will review the documentation, and then forward the complaint to the specific agent or broker for comment. Should the complaint relate to a file in progress, the Complaints Officer will immediately contact the agent or broker responsible for the file and forward the complaint for comment, and a joint review of the subject file. The Complaints Officer will respond to all complaints verbally within 48 hours of receipt and will follow up with a written response as quickly as possible. The written response should suggest the matter be referred to AMF if a satisfactory resolution cannot be achieved. All complaint documentation must be retained in accordance with file handling requirements and will also be maintained in each of the Agent’s Human Resources files which are maintained at the Groupe Hypothécaire Orbis head office.
Complaints can be made directly on the Orbis website: https://groupeorbis.com/en/contact-us/