How TruCapital Finance & Leasing Ltd. collects, uses, discloses and safeguards personal information when arranging commercial equipment financing and leasing across Canada.
TruCapital Finance & Leasing Ltd. ("TruCapital", "we", "us", "our") is a commercial equipment financing and leasing intermediary with its head office at 253 Summerlea Rd, Unit 23, Brampton, Ontario L6T 5A8. We arrange financing for businesses across Canada.
This policy explains what personal information we collect, why we collect it, how we use and disclose it, and the choices available to you. It applies to our website at trucap.ca, our online forms and applications, our broker and client portals, and information we receive by telephone, email or in person.
We handle personal information in accordance with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, substantially similar provincial legislation including Quebec's Act respecting the protection of personal information in the private sector (as amended by Law 25), Alberta's Personal Information Protection Act and British Columbia's Personal Information Protection Act, together with Canada's Anti-Spam Legislation (CASL).
In this policy, "personal information" means information about an identifiable individual. Information about a business itself is generally not personal information, though information about its owners, officers, guarantors and signing authorities usually is.
Understanding our role is important to understanding how your information is handled.
We are not a bank, lender or lessor. We do not lend our own funds, we do not make credit decisions, and we do not approve or decline applications. We prepare and present financing applications to banks, private lenders, leasing companies and other financing sources, and we facilitate communication between you and those parties.
Credit, approval, pricing, structure, funding and ongoing servicing decisions are made by the lender or lessor, in their sole discretion, under their own criteria and their own privacy practices. We do not guarantee that any application will be approved, that financing will be offered on any particular terms, or that any timeline will be met. Any figures, ranges or estimates we provide are illustrative only and are not offers of credit.
Because our function is to present your application to financing sources, disclosing your information to those parties is fundamental to the service you are asking us to perform. If you are not willing to have your information disclosed for that purpose, we will not be able to arrange financing for you.
We collect only what we reasonably require for the purposes described in this policy. The categories below describe what we may collect; not all of it applies to every person or every application.
Information about other people. If you provide us with personal information about another individual — a guarantor, business partner, reference, seller, or a person you refer — you confirm that you have that individual's knowledge and consent to provide their information to us for the purposes described in this policy.
We use personal information for the following purposes:
We do not sell personal information. We do not use personal information for purposes materially different from those described above without first obtaining your consent or otherwise as permitted or required by law.
We collect, use and disclose personal information with your consent, except where collection, use or disclosure without consent is permitted or required by law.
Express consent. We obtain express consent where the information is sensitive or where the purpose warrants it — in particular for credit checks, identity verification, submission of your application to financing sources, and marketing communications. Express consent is typically collected on our application and intake forms, which contain their own consent and authorization language that applies in addition to this policy.
Implied consent. Where you voluntarily provide information for an obvious purpose — for example, submitting a contact form so that we can respond to you — your consent to use the information for that purpose may reasonably be implied.
Withdrawing consent. You may withdraw your consent at any time, subject to legal and contractual restrictions, by contacting our Privacy Officer using the details in Section 20. We will explain the consequences of withdrawal before acting on it. Withdrawing consent may mean we can no longer arrange financing for you or continue to act on your behalf. Withdrawal is not retroactive: it does not apply to information already disclosed to a lender, lessor or other party, and it does not affect information we are required to retain under Section 10 or are otherwise required or permitted by law to keep.
Once your information has been disclosed to a financing source, that party's use and retention of it is governed by that party's own consent arrangements and privacy practices, not ours. You may need to contact that party directly to withdraw consent with respect to their handling of your information.
To arrange financing, we disclose personal information to third parties. We disclose only what is reasonably necessary for the purpose, and we may disclose to the following categories:
Where we engage a service provider to process information on our behalf, we use contractual and other means to require a comparable level of protection. Where we disclose information to a lender, lessor, dealer, insurer or referral partner acting for its own purposes, that party becomes independently responsible for the information it receives.
Assessing and placing a financing application ordinarily requires credit information. Where you have authorized us to do so, we may obtain consumer and commercial credit reports and related information about you, your business, and any guarantors, from credit reporting agencies and other sources, and may disclose your information to those agencies as permitted by law.
We may also obtain, verify, exchange and retain information about you with financing sources, credit reporting agencies, identity verification services, references, and other parties, for the purposes of evaluating your application, verifying the information you have provided, verifying identity, and preventing fraud.
Separate express authorization applies. Our application and intake forms contain a specific credit and information authorization. That authorization applies in addition to this policy and governs the particular credit inquiries, verifications and disclosures you are authorizing. Financing sources to which we submit your application may also require their own separate authorization, and may conduct their own inquiries under it.
We do not control how credit reporting agencies or financing sources record, use or retain credit inquiries or the information they obtain.
Once your information has been disclosed to a lender, lessor, credit reporting agency, dealer, vendor, insurer, referral partner or other third party acting for its own purposes, that party handles your information under its own privacy policy and practices, which we neither control nor administer. Their collection, use, disclosure, retention, security and deletion practices may differ from ours, and their obligations to you arise under their own arrangements with you and under applicable law. We are not responsible for the privacy practices of those parties. We encourage you to review the privacy policy of any financing source or other party with which you deal, and to direct questions about their handling of your information to them.
We store information primarily in Canada. However, some of our service providers — including cloud hosting, email, document storage, electronic signature, analytics and IT support providers — and some financing sources, insurers or other parties involved in a transaction may store or process information outside Canada, including in the United States.
Where information is stored or processed in another country, it may be subject to the laws of that country, and may be accessible to courts, law enforcement and national security authorities of that jurisdiction under its laws, including by lawful order or request, without notice to you.
Where we transfer information to a service provider outside Canada, we use contractual and other means to require protection comparable to that required in Canada. You may contact our Privacy Officer for information about our policies and practices regarding service providers located outside Canada.
We retain personal information only as long as necessary to fulfil the purposes for which it was collected, or as required or permitted by law, contract, or our professional and insurance obligations. Retention periods vary by record type. In general:
When information no longer needs to be retained, we take reasonable steps to destroy, erase or de-identify it. Information already disclosed to a financing source or other third party remains subject to that party's retention practices.
We maintain physical, organizational and technological safeguards appropriate to the sensitivity of the information we hold. These include access controls and role-based permissions, authentication requirements for our systems, encryption of information in transit, secure hosting and backup arrangements, confidentiality obligations for personnel and service providers, and internal policies governing the handling of client information.
No method of transmission or storage is completely secure. While we take reasonable steps to protect personal information, we cannot and do not guarantee that information will be free from loss, misuse, unauthorized access, disclosure, alteration or destruction. Information you send to us by email or through the internet is transmitted at your own risk. We ask that you not send sensitive financial or identity documents by unsecured email.
We maintain procedures for identifying, containing, investigating and recording privacy incidents involving personal information in our control.
Where a breach of security safeguards creates a real risk of significant harm to an individual, we will report it to the Office of the Privacy Commissioner of Canada and notify affected individuals as soon as feasible, in accordance with PIPEDA and applicable provincial requirements, and will notify other organizations or institutions where doing so may reduce the risk of harm. We maintain records of breaches of security safeguards as required by law.
Where a privacy incident occurs in the systems of a lender, lessor, service provider or other third party, notification and reporting obligations in respect of that incident rest with that party in accordance with applicable law, although we will cooperate as appropriate.
Subject to applicable law, you may:
To exercise these rights, contact our Privacy Officer using the details in Section 20. We may require information sufficient to verify your identity and, where you are acting for someone else, your authority to do so. We will respond within the time required by applicable law.
Limits on access and deletion. Applicable law permits or requires us to refuse access to, or to decline to delete, personal information in certain circumstances — including where doing so would reveal personal information about another individual, where the information is subject to solicitor-client or litigation privilege, where it was generated in a formal dispute resolution process, where disclosure could reasonably be expected to interfere with an investigation or the detection or prevention of fraud, where the information is prohibitively costly to provide, or where we are required by law, contract, or our tax, accounting, audit, insurance or limitation-period obligations to retain it. Where we refuse a request, we will explain why and inform you of your options.
We cannot access, correct or delete information held by a lender, lessor, credit reporting agency or other third party. Requests concerning information held by those parties must be made to them directly. Where credit information is in dispute, the credit reporting agency that issued the report has its own correction process.
Where provincial legislation applies to you, you may have additional or differently-framed rights.
Quebec. If you are in Quebec, you may in addition, subject to the conditions and exceptions in applicable law: request that computerized personal information you provided to us be communicated to you, or to a person or body authorized to collect it, in a structured, commonly used technological format (portability); request that we cease disseminating your personal information or de-index a link to it in specified circumstances; be informed where a decision about you is based exclusively on automated processing of your personal information, and in that case be informed of the personal information used, the principal factors and parameters leading to the decision, and your right to have that information corrected, and be given an opportunity to submit observations to a member of our personnel who can review the decision.
Automated decision-making. We do not currently make decisions about you based exclusively on automated processing of personal information. Our online pre-qualification assistant provides general information only; it does not assess creditworthiness, does not approve or decline anything, and its output is reviewed by our personnel. Credit and approval decisions are made by financing sources, which may use their own automated processes under their own policies.
Alberta and British Columbia. If you are in Alberta or British Columbia, your access, correction and complaint rights arise under the applicable provincial Personal Information Protection Act, and you may complain to the Information and Privacy Commissioner of that province.
We send commercial electronic messages — such as newsletters, service updates, market information and promotional material — only with your express or implied consent, as permitted under CASL.
Every commercial electronic message we send identifies us, includes our contact information, and contains a clearly-worded unsubscribe mechanism that operates at no cost to you. We give effect to unsubscribe requests promptly, and in any event within the period required by law. We keep records of the consents we rely on.
Unsubscribing from marketing messages does not stop transactional and service communications relating to an active inquiry, application or transaction — for example, requests for documents, application status updates, lender conditions, funding correspondence and account administration. Those communications are necessary to the service you have asked us to provide.
To change your marketing preferences, use the unsubscribe link in any message or contact our Privacy Officer.
Our website uses cookies and similar technologies to operate the site, remember your preferences, maintain session state and security, understand how the site is used, and measure the performance of our content and campaigns.
We use third-party analytics and measurement tools, which may set their own cookies and collect information such as IP address, pages viewed and interactions. These providers process information under their own terms and privacy policies.
Most browsers allow you to refuse or delete cookies through their settings. Disabling cookies may affect the functionality of parts of our website, including forms.
We do not respond to browser "Do Not Track" signals, as no common standard for doing so has been adopted.
We rely on the information you and your representatives provide to us. We use reasonable efforts to keep personal information accurate and complete for the purposes for which it is used, and we ask that you inform us promptly of any change to your information.
You are responsible for the accuracy and completeness of the information you provide. Incomplete or inaccurate information may delay an application, cause a financing source to decline it, or cause financing to be offered on different terms. We are not responsible for outcomes resulting from information that you or your representatives provided inaccurately or incompletely, or from information withheld from us.
Our website may link to websites operated by others, including lenders, dealers, associations and information sources. We provide those links for convenience only. We do not control those websites, do not endorse their content, and are not responsible for their privacy or security practices. Review the privacy policy of any website you visit.
We may update this policy from time to time to reflect changes in our practices, our services, or applicable law. The current version is always available at trucap.ca/privacy/, and the "last updated" date above indicates when it was last revised.
Where a change is material, we will take reasonable steps to bring it to your attention. Your continued use of our website and services after a change takes effect indicates your acceptance of the updated policy, except where your express consent is required by law.
We have designated a Privacy Officer who is accountable for our compliance with this policy and with applicable privacy legislation. Direct questions, access and correction requests, consent withdrawals and complaints to:
Privacy Officer
TruCapital Finance & Leasing Ltd.
253 Summerlea Rd, Unit 23
Brampton, Ontario L6T 5A8
Email: info@trucap.ca
Telephone: (437) 374-3784
We will acknowledge your inquiry or complaint, investigate it, and respond in writing within the time required by applicable law. If we cannot resolve your concern to your satisfaction, you may complain to the Office of the Privacy Commissioner of Canada, or to the Commission d'accès à l'information du Québec or the Information and Privacy Commissioner of Alberta or British Columbia, as applicable to you.