CONSENT TO USE OF PERSONAL INFORMATION
TO: Clearlease.com (“ClearLease”)
AND TO: Each finance source (each a “Financier”) to which Clearlease sends through Clearlease’s internet-based loan origination application currently located at www.Clearlease.com (the “Portal”), on my behalf, an application for a loan, lease or financing of an actual or proposed motor vehicle, recreational vehicle, motorcycle, or watercraft acquisition or other asset acquisition as determined by the parties;
AND TO: Each aftermarket provider (each a “Provider”) to which Clearlease sends through the Portal, or independently through Clearlease’s internet-based network (the “Aftermarket Network”), on my behalf, an application for an aftermarket product offered by the Provider.
1. In this consent:
(a) the words “I”, “me” and “my” refer to the undersigned Applicant and, if applicable, to each of the undersigned Co-Applicants, jointly and severally, and (b) the words “you” and “your” refers to each of, Clearlease.com, Clearlease, Financier, Provider and their respective affiliates and successors and assigns, as well as their respective service providers involved in providing services related to a Transaction (the “Service Providers”).
(b) “use” or “using” includes collecting, copying, storing, maintaining, updating, sharing, transferring, disclosing, and providing access to Personal Information (as defined below) in accordance with this Consent.
(c) “Personal Information” means all identifying information about me, and includes, but may not be limited to: my name; address; telephone number; date of birth; social insurance number; driver’s licence number; mother’s maiden name; my employment history; income; information related to vehicle insurance policies, including but not limited to coverage and claim information; and information concerning my credit, including, information obtained through a credit reporting agency or credit investigation or from a credit bureau or financial institution or other person or entity, and all information provided by and relating to me in any credit application.
(d) “Transaction” means any credit application, price quote, purchase, lease, financing application, and/or service of any motor vehicle, recreational vehicle, motorcycle, watercraft, or other asset by or for me, whether in my own name or on behalf of another person or entity, involving the Portal, Aftermarket Network, and/or all ancillary services provided through the Portal or the Aftermarket Network.
2. I certify that all information provided by me in any credit application or other documentation given in connection with a Transaction is true, accurate and complete in all respects.
3. I AUTHORIZE AND CONSENT TO THE USE BY YOU OF MY PERSONAL INFORMATION, FOR THE PURPOSE OF INITIATING, PROCESSING OR EXECUTING ANY TRANSACTION REQUESTED BY ME, AND ALL REASONABLE PURPOSES RELATED THERETO, including:
(a) For legal, regulatory, audit, risk assessment, processing and security purposes (including fraud prevention);
(b) For purposes permitted by Canadian law or required by Canadian or applicable foreign law;
(c) To create aggregated and anonymous information that may be used for your business purposes;
(d) To conduct credit and insurance investigations concerning me from time to time in connection with a Transaction;
(e) To exchange my Personal Information with any credit reporting agency, credit bureau, automobile or other asset insurer or aggregator of information for such insurer and/or financier in connection with considering or proceeding with a Transaction;
(f) For the purposes described in Clearlease’s privacy notice as updated from time to time (the “Privacy Notice”). The up-to-date version of the Privacy Notice is accessible at http://www.Clearlease.com. I acknowledge that changes to the Privacy Notice may be made from time to time, and that it is my responsibility to review the Privacy Notice periodically in order to remain up-to-date with any such changes.
4. I acknowledge that, by sending an email to [email protected] I may: (1) review and update any Personal Information retained by Clearlease; and (2) opt out of uses of my Personal Information, provided that I recognize that any such opt-out may prevent completion of the Transaction or of otherwise-provided services.
By hitting the ‘submit’ button, a user is authorizing us and our affiliates and/or partners to contact users through their given phone number(s) or email address, regardless of its status.
(1) Collection and Release of Information
Information collected is needed for and directly corresponds to processing loan applications, administering loan accounts, providing services to customers, providing customers and website visitors with information about site services, and to fulfill any legal and regulatory requirements. Information is retained byClearlease.com and is not otherwise transferred outside the confines ofClearlease.com and its users, unless permission to do so has been requested or as permitted by law.
We may collect or expand to collect, the internet service providers of visitors. This information is used to improve the performance of the site and the credit application, enhance the user experience and ensure the satisfaction of site visitors, as well as to assist with systems administration, and to resolve problems.
The information tracked may or may expand to include, but is not exclusive to, the type of operating system in use, the type of browser used by the visitor, the pages visited and data requested. We use this information internally to analyze site traffic. From time to time we may create or conduct analyses and summary reports about the operation of the website.
(2) IP Addresses
An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. Your IP address may be used to help identify you and to gather broad demographic information about you, to conduct site analysis.Clearlease.com may collect or expand to collect IP addresses in order to conduct system administration, diagnose problems and to better serve you in using the services and features within the site, namely the credit application.
Clearlease.com has security measures in place to protect the loss, misuse and alteration of the information under site control. Any employee or contractor requiring access to user information must be approved and must use information of the uses outlined in the above document. Access is reviewed on a regular basis.
Clearlease.com also uses extensive and sophisticated secure technology to protect your data and transmissions between you and banks, lenders and loan brokers participating in Clearlease.com products and services. Transmission between browsers and our web server, as well as participating lenders is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
Given that no technology is foolproof, we must also advise users that there will always remain a certain amount of risk and that your personal information may be disclosed, without your consent, unintentionally, and without fault on the part of Clearlease.com. We decline any responsibility in the event that such confidential information is disclosed.
(4) User Information for Those Under 18
You must be at least 18 years old to have our permission to use our credit application. To protect the interests of children, it is the policy of is that no information should be submitted to our web sites by children 18 years of age or under, without the consent of a parent or guardian. Clearlease.com can not be held liable for information unknowingly given to us by underage user, but does not actively seek any demographic or preference information from children, nor will it ever knowingly disclose any personally identifying information regarding children to third parties.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Clearlease.com, AND/OR PARTICIPATING LENDERS, TO THE FULLEST EXTENT ON THE LAW, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. USE OF THIS WEB SITE AND/OR Clearlease.com SERVICES IS AT YOUR OWN RISK. Clearlease.com AND/OR PARTICIPATING LENDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Clearlease.com’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Clearlease.com AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Clearlease.com ARE ALSO TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF A SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US TO OUR MARKETING PARTNERS OR THIRD PARTIES.
This Web site may contain links to web sites maintained by third parties, or advertising for a third party. Such links or advertising are provided and/or created by the owners of the website andClearlease.com does not operate or control in any respect any information, software, products or services available on such Web sites. The inclusion of a link to a web site, apart from that ofClearlease.com, is done so at the discretion of the owner and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Clearlease.com is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address or other such personal information required provided by you or other technical problems beyond our reasonable control.
As a condition of use of this web site, credit application and/or Clearlease.com’s services, you agree to indemnify Clearlease.com and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this web site and credit application, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
We hope that this information has provided you with a better understanding of our strict privacy protection policies. Clearlease.com reserves the right to change this policy at any time, and will immediately post a revised and updated policy on all sites affected. Continued use of this site, once amendments are changed will represent acceptance of changes and it is the user’s responsibility to check for updates on an ongoing basis.
Please read this agreement (“Agreement”) carefully before accessing or using this web site (“Site”). By accessing or using the Site, you agree to be bound by this Agreement. Clearlease and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the understanding that neither Clearlease, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Clearlease and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Clearlease and its suppliers, strive to keep the information on this Site accurate, complete and up-to-date, Clearlease, and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Clearlease, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Clearlease, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Clearlease and, its affiliates or its suppliers. Copyright Clearlease, 2015. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of Clearlease and, its affiliates or its suppliers. Copyright Clearlease
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Clearlease, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither Clearlease, nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Clearlease, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Clearlease, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Clearlease, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Clearlease, its affiliates and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
CHANGES TO AGREEMENT
Clearlease may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
This website is applicable to and should only be used by persons 18 years of age or older located within the Canada or the United States of America. Access and use of this website by persons under the age of 18 or from locations other than Canada or the United States is prohibited. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflicts of law. Failure by Clearlease, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Clearlease, and/or its affiliates and you related to this Agreement shall be brought exclusively in federal court.
Clearlease, and other, logos, product and service names are trademarks owned and licensed to Clearlease, or its affiliates (the “Marks”). Without the prior written permission of Clearlease or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.