Legal

Terms of Use

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Ophelia (“Ophelia”, “we”, “us”, “our”) welcomes you to its website located at https://www.opheliafintech.com/ (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website or any services that may be made available through the Website. By accessing and using the Website or Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, the recourse is to leave the Website immediately.

OWNERSHIP / RESTRICTIONS ON USE

The Website and Services are owned and operated by Ophelia. All content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website and Services are proprietary to Ophelia, its affiliates and/or third-party licensors. The Content is protected by copyright and trademark laws of Canada.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Ophelia. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Ophelia. To obtain written consent for such reproduction, please contact us at info@opheliafintech.com.

“Ophelia” is a trademark of Ophelia; other marks, graphics, trademarks and logos appearing on the Website and the Services are trademarks of Ophelia. Any other trademark appearing on the Website is the property of its respective owner.

REGISTRATION AND PASSWORDS

To access certain portions of the Website or the Services, including your loan, savings account or other account, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website or the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for all activity that occurs on this Website or the Services under such password or username. You agree to immediately notify Ophelia of any breach of security, including any unauthorized use of your username and password.

CONSENT FOR CREDIT CHECKS

If you open an account on the Website with the intention of using Ophelia’s services, you will be asked to provide consent to Ophelia obtaining a credit score and/or report from a credit reporting agency. By providing such consent, you consent to Ophelia, and any of its service providers or agents, obtaining and using credit and other personal information about you (including credit reports) from any credit reporting agency, and exchanging information with any of them, on an ongoing basis. You acknowledge that this consent is effective immediately upon submitting your application and is being obtained to determine your eligibility for an Ophelia Loan, and if approved, to open and administer your Ophelia Loan, review and verify your ongoing creditworthiness, and manage and assess risk. You authorize any credit reporting agency to provide this information to Ophelia and any of its service providers, affiliates or agents.

DOESN’T CONSTITUTE PERSONAL ADVICE

Commentaries and information contained on the Website, transmitted via our newsletter or directly to you by text message do not constitute legal, accounting, financial or tax advice, and should not be relied upon in that regard. Please consult with a professional advisor with respect to your situation.

LINKS TO THIRD-PARTY WEBSITES

On this Website or in its Service Ophelia may, for the purpose of providing helpful information to its visitors, provide links to third-party websites over which it has no control, is in no way affiliated with, and is not endorsing. Therefore, Ophelia cannot be held liable and makes no warranty to the accuracy or completeness of the information contained on such websites.

USER CODE OF CONDUCT

As a condition of your continued access to and use of this Website or the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

  1. upload, post, e-mail or otherwise transmit any material that:
    1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    2. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
    4. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  2. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website or Services, including e-mail addresses, without the express consent of such users;
  3. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website or Services;
  4. attempt to gain unauthorized access to the Website or Services, other computer systems or networks connected to the Website, through password mining or any other means;
  5. interfere with or disrupt networks or servers connected to the Website or Services or violate the regulations, policies or procedures of such networks;
  6. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website or Services; and
  7. reverse engineer or aid or assist in the reverse engineering of all or any part of the Website and Ophelia’s technology.

WEBSITE AVAILABILITY, ACCESS, AND USE

We cannot guarantee that the Website will be available at all times, without interruption, and that it will be wholly exempt of errors. We cannot be held liable towards the user or any other party for the damages which could result from inaccessibility to the Website or from difficulties encountered when trying to access or use the Website resulting from service interruption, network failure, any hardware or software failure, or from any other connectivity problems.

We also reserve the right to suspend, discontinue, or modify, at any moment and without notice, in whole or in part, access to the Website.

NO GUARANTEE OF CONFIDENTIALITY

Ophelia cannot guarantee complete confidentiality or security for information that is transmitted electronically although we use tools and techniques to ensure to the best of our abilities the confidentiality of the information exchanged with you through our Website. By accessing the Website, you acknowledge that Ophelia is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. 

We cannot protect information exchanged when the Website is accessed through a non-secure platform or in a public location, which could endanger the confidentiality of your personal information. We shall not be held responsible for any damages that you may incur under such circumstances. 

Please refer to our Privacy Policy for more information.

PRIVACY

Please consult our Privacy Policy.

INFORMATIONAL PURPOSES ONLY

The information made available on the Website does not constitute professional, legal, financial or other advice and is for informational purposes only. By using our Website, you understand any content made available is not personalized advice, but general educational content shared with the intent to inform you. Ophelia is not an investment advisor, portfolio manager, financial planner, financial institution or tax advisor. Your personal financial situation is unique, and any information obtained through the Website, transmitted via our newsletter or by text message may not be appropriate for your situation. Before making any decisions, you should consider obtaining additional information and advice from financial advisors.

INDEMNITY

You agree to indemnify and hold harmless Ophelia, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website or Services, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the User Code of Conduct.

APPLICABLE LAWS & SEVERABILITY OF PROVISIONS

Except where prohibited by law these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montréal, Province of Québec.

The nullity of any of provision of the present Terms of Use does not affect the validity of any other provision herein.

A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

LIMITATION OF LIABILITY

In general, and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Site and/or its contents. In particular, and without limiting the generality of the foregoing, we shall not be held responsible for issues of access, use, accuracy of contents, or the loss of data or information, whether or not we have been informed of the possibility of such issues.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Website or our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Privacy Policy

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Ophelia is committed to protecting the privacy and confidentiality of personal information in our possession and control. This Privacy Policy explains the measures we take to fulfill these commitments and describes how Ophelia, uses, discloses and otherwise treats personal information through our website available at https://www.opheliafintech.com/, including all subpages and successor pages (collectively referred to as the “Website”) as well as through other interactions with our clients and prospective clients.

This Privacy Policy may be updated to better reflect Ophelia’s personal information practices. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If you object to any of the changes to the Privacy Policy, you must cease using this Website and our services.

When you apply for a loan, you will enter into a Loan Agreement with Ophelia. If your application is approved, you will enter into an Ophelia loan, and receive funds from Ophelia

COLLECTION AND USE OF PERSONAL INFORMATION

Loan Application: When you apply for an Ophelia loan, Ophelia collects information about you including your name, contact information (such as mailing address and email address), date of birth, income, information about your rent or mortgage payments, credit related information and your social insurance number (if you choose to provide it). This information is used by Ophelia to assess your application and determine your eligibility for a loan. At the time you apply for a loan, you will be asked to provide your consent to a credit check (see section on Credit Reports below).

Loan Agreement: If you are approved for a loan, additional information will be collected including your proof of income (such as pay stubs or Notices of Assessment from your tax return), and information regarding your employment such as occupation, current or former employer(s). We may also collect personal and employment references with your consent.

Your information is used for the following purposes:

  • approving, opening, administering, servicing and enforcing your Ophelia loan, including collecting outstanding debts;
  • determining your eligibility and suitability for, and providing you with, other products and services you request;
  • verifying your identity and other information you have provided to us (including your identity and bank account);
  • meeting legal and regulatory requirements;
  • detecting and preventing fraud and other unauthorized or illegal activities;
  • as otherwise permitted or required by applicable law.

Credit Reports (Ophelia Loan): At the time you apply for a loan, we will obtain your consent to collect credit-related information from consumer reporting agencies in order to help us determine your eligibility for a loan. Ophelia and/or Lender also exchange Personal Information with credit bureaus as necessary at the time of your application and throughout the term of your Loan Agreement in order to review and verify your ongoing creditworthiness and manage and assess our risks. You authorize credit bureaus to provide such information to us.

Credit Score and Credit Report: Your credit report may include information such as the types and amounts of credit advanced to you, payment histories, negative banking items, collection actions, legal proceedings, previous bankruptcies and other information reported by your creditors. Ophelia also collects additional personal information from you, including your email address, financial goals, annual income range, and referral source. Ophelia uses your credit score, information from your credit report and other information you provide in order to better understand your financial needs and credit history, and provide you with tailored personal finance information, educational insights and recommendations which may include information on steps to improve your credit score, as well as personalized offers for Ophelia and third party financial services products and services that may be of interest to you based on your credit- and other information. If you wish to withdraw your consent to the collection and use of your credit score and credit report information, you may close your account at any time by contacting info@opheliatech.com.

Online Registration: At the time you apply for a loan or sign-up for the personal finance service, Ophelia will collect your email address and a password you choose in order to create and administer an online account for you to access information about your application and/or loan and/or, in the event of the personal finance service, to access tailored information and offers. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).

Social Insurance Number: When you apply for a loan or sign-up for Ophelia’s services, we may ask for your social insurance number on an optional basis. You are not required to provide your social insurance number in order to enter into an Ophelia Loan, or to sign-up for the personal finance service. However, if you choose to provide it, we use it to assist us in identifying you with credit reporting agencies and for internal fraud prevention purposes.

Marketing Communications: Ophelia and/or Lender may obtain your consent to use your information to send you communications by mail, email or telephone marketing or promoting products and services that may be of interest to you. You can opt-out of receiving marketing offers at any time by clicking on the unsubscribe link included in our marketing email communications or by contacting us as set out under Contact Us below. Please note that you may continue to receive certain transactional or information electronic communications from us. If you have signed up for our services, Ophelia may provide you with tailored offers on the Website and by email, text message or other electronic means about Ophelia and third party products and services that may be of interest to you based on your credit score, information in your credit report and other personal information.

Customer Service: When you contact with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may retain this information to assist you in the future and to improve our customer service and product and service offerings. We also use Personal Information to establish and manage our relationship with you and provide quality customer service.

Survey and Customer Research: From time to time, Ophelia may offer you the opportunity to participate in one of our surveys or other customer research. The information obtained through our surveys and customer research is used in an aggregated, non-personally identifiable form to help us understand our customers and to enhance our product and service offerings.

HOW WE COLLECT PERSONAL INFORMATION

Except as otherwise set out in this Privacy Policy, we collect personal information directly from you. When you open an Ophelia account, you will be required to provide the information directly to us. We also collect information from third parties such as current or former employees, personal references you provide, and credit bureaus.

RESTRICTIONS ON DISCLOSURE OF PERSONAL INFORMATION

Ophelia does not disclose, sell, trade, rent or otherwise transfer your personal information without your consent, except where this Privacy Policy sets out.

Service Providers: Your Personal Information may be transferred (or otherwise made available) to our affiliates (your bank) and other third parties who provide services on our behalf, such as but not limited to a consumer reporting agency. Service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose Personal Information for their own marketing or other purposes.

Legal: We and our affiliates and third party service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law (which may include lawful access requests by Canadian, US or other foreign courts, law enforcement or governmental authorities). We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.

YOUR VISIT TO OUR WEBSITE

You may visit our Website without identifying yourself however be aware that Ophelia collects information from your visit such as your IP address, your page requests, your browser software, your operating system, and the average time of each stay. This information is collected merely for our own uses in monitoring and improving our Website.

We may use a third party to assist in collecting and analyzing the aforementioned data.

Cookies, “Tracer Tags” and “Web Beacons” Policy

Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We use cookies on the pages on our Website where you are prompted to log in or that are customizable. If you have registered with our Website, these cookies (1) may let us know who you are, (2) may be necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our service providers with information that we will use to personalize our Website in accordance with your preferences.  We and our service providers (such as Google Analytics) also use cookies to help us understand our website activity, to improve our Website and provide better customer service. For more information about Google Analytics, see https://policies.google.com/technologies/partner-sites.

You may set your Web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the features of our Website.

Our Website may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our Website. These tracer tags are used to help us optimize and tailor our Website for you and other future visitors to our Website.

Third Party Links

Our Website may contain links to other sites that we do not own or operate, including social media websites. Also, links to our Website may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your Personal Information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your Personal Information.

ACCESS TO YOUR DATA

You may access your personal information in our care and control for the purposes of consultation, modification, and error correction by contacting you at info@opheliafintech.com.

RETAINING AND DESTROYING INFORMATION

Ophelia retains your personal information for only as long as it is needed. When you close your account, we delete all information except information required to:

  • comply with laws
  • settle future transactions
  • obtain proof of past transactions

When this information is no longer necessary it is promptly destroyed. Notwithstanding the preceding clauses, once your account closed Ophelia reserves the right to hold onto certain information, stripped of identifying information, for the purpose of improving its Website and services.

DATA PORTABILITY

In some jurisdictions, applicable law may entitle you to request a copy of the personal information you provided to Ophelia and/or to request Ophelia to move such personal information to another service provider. In such cases, Ophelia will provide you or the service provider with the information in a structured and commonly used format and in line with its legal obligations.

RESTRICTION OF PROCESSING

In some jurisdictions, applicable law may give you the right to limit the ways in which Ophelia uses your personal information, in particular where: (1) you contest the accuracy of the personal information; (2) the processing is unlawful and you oppose the erasure of your personal information; (3) Ophelia no longer needs your personal information for the purposes of processing, but you require the information for the establishment, exercise or defense of legal claims; (4) you have objected to the processing pursuant to the following paragraph and pending the verification whether the legitimate grounds of Ophelia override yours.

OBJECTION TO PROCESSING

In some jurisdictions, applicable law may entitle you to require Ophelia not to process your personal information for certain specific purposes (including profiling and direct marketing) where such processing is based on legitimate interest. If you object to such processing, Ophelia will no longer process your personal information for these purposes unless Ophelia can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

QUESTIONS?

Contact us at info@opheliafintech.com