Privacy Policy

Updated March 16, 2021

PayBright Inc., a wholly owned subsidiary of Affirm Holdings Inc. (“PayBright”, “we”, “us” or “our”), takes steps to ensure it meets privacy principles and requirements with respect to Personal Information (as defined below) under applicable Canadian privacy legislation. The purpose of this Privacy Policy is to inform our customers and other individuals we deal with (“you” and “your”) how we collect, use, disclose, and protect your Personal Information that you provide to us through your access and use of the website located at https://paybright.com/ (the “Website”) as well as services and products provided by PayBright (collectively, “PayBright Services”). “Personal Information” is information that is identifiable as pertaining to an individual, as more particularly described under applicable privacy legislation. This Privacy Policy forms part of our Terms and Conditions and applies to our collection, use, and disclosure of Personal Information in Canada.

The Website includes, but is not limited to and all other sites and mobile applications owned and operated by PayBright that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on the Website.

By voluntarily providing us with Personal Information through the use of PayBright Services (including via telephone) and the Website, you are consenting to its collection, use and disclosure in accordance with this Privacy Policy. You acknowledge and agree that such Personal Information may be transferred from your current location to the offices and servers of PayBright and authorized third parties referred to herein located in the United States and Australia.

For Quebec residents: When Personal Information of Quebec residents is transferred to any third parties outside Quebec, we use contractual or other means to ensure that a comparable level of protection as set out in this Privacy Policy is provided.

Personal Information We Collect

We collect certain types of Personal Information, including the following:

your contact information, such as name, title, address, telephone number, facsimile, or e-mail address;
program and service information regarding your financing and repayment programs;
information that may be used in the course of credit adjudication, including self-reported income levels, housing status, employment status, credit bureau files, bank account transaction history, and social insurance numbers;
copies of personal identification cards, such as driver’s licenses; and
billing information, including banking information collected for pre-authorized payment purposes, credit card number(s) or other payment-method details, and your billing and payment status and history; and
certain information about your website traffic patterns, which may be linked to your Internet Protocol (IP) addresses (which are unique Internet “addresses” assigned to all Internet users by their Internet Service Providers). Server logs may record statistical information, such as visitors’ IP addresses, type of operating systems, time and duration of visit, and pages requested, and identify categories of visitors by items such as domains and browser types. For more information, please refer to the section below titled “Cookies and Other Website Features”.

Use of Your Personal Information

We generally use your Personal Information to:

provide you with the PayBright Services;
evaluate your application and determine your initial and ongoing eligibility for our financial products and services;
respond to your inquiries and fulfill your requests;
confirm your identity;
process billing and invoices, and manage, administer, and collect your payments for products or services;
report account information, such as credit limit, balances and payment information, to credit bureaus;
maintain business records for reasonable periods and generally manage and administer our business;
meet legal, regulatory, security, and processing requirements, or otherwise as permitted or required by law;
help us learn more about your interests and preferences, and may be used to send you periodic information about our products and services (if you have chosen that option);
maintain contact with you as permitted by law; and
any other reasonable purposes to which you consent.

To the extent permitted by applicable law, we may use, process, transfer, and store any data about individuals and customers or partners in an anonymous (or pseudonymous) and aggregated manner. We may combine Personal Information with other information collected online and offline, including information from third party sources. We may share anonymized data with lenders and other capital providers.

By using the Website and/or the PayBright Services, you agree that we are hereby licensed to collect, use, share, and store anonymized (or pseudonymized) aggregated data collected through the Website or your use of the PayBright Services for benchmarking, analytics, metrics, research, reporting, machine learning, and other business purposes.

Disclosure of Your Personal Information

Affiliates: We may disclose your Personal Information to the following affiliates under common ownership or control: Affirm Holdings Inc., Affirm, Inc., PayBright Funding GP Inc., and PayBright Funding Limited Partnership.

Merchants: In the course of completing or partially completing a loan application with us and/or obtaining financial services from us, some of your Personal Information will be disclosed to the merchant(s) from whom you are applying to purchase services or products in connection with your application. This information may include, without limitation, your contact information and your available credit with us, even if you do not transact. The merchant may use this information to contact you.

Employees and Service Providers: We may transfer Personal Information to employees and outside agents or service providers located in Canada, the United States, and Australia (for example, credit bureaus, billing service providers, collection agents, marketing agencies, data storage providers, and other lenders), in which case we will use contractual or other reasonable means designed to ensure that your Personal Information is protected and not used or disclosed for any purposes other than as directed by us. We may also from time to time cooperate with suppliers, service providers, and partners for the purposes of providing you with additional services or products or for advising us on matters such as market research and data processing. Such parties will be given only the information required necessary to perform their services and are required to adhere to our privacy standards. In the event we transfer your Personal Information to another lender, regardless of whether the lender extends you an offer of financial services or not, and whether you accept such an offer or not, the lender may use your Personal Information to conduct its own marketing activities, including by emailing you.

Professional Advisors: We may share your Personal Information with our business partners or agents acting on our behalf or with our financial, insurance, legal, accounting or other advisors that provide professional services to us.

Financing Sources/Sale of Business: Your Personal Information may be used by us and disclosed to parties connected with the contemplated or actual financing, securitization, insuring, sale, assignment, or other disposal of all or part of our business or assets, including for the purpose of permitting such parties to determine whether to proceed or continue with such transaction, to fulfill reporting, inspection, or audit requirements or obligations to such parties. In the event that all or part of our business or assets to which your Personal Information relates is sold, assigned, or otherwise disposed of, your Personal Information will be used and disclosed by such parties for substantially the same purposes as described in this policy.

Legal/Compliance: We may otherwise disclose Personal Information as necessary to meet legal, regulatory, insurance, audit, and security requirements, or as permitted or required by law. We may disclose Personal Information without your consent, for example, to comply with a court order, to comply with local, provincial, or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Security and Storage

Access to your information is provided to our employees and other parties only on a need-to-know basis. We protect your Personal Information using physical, electronic, or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Authorized employees and agents of PayBright who require access to your Personal Information in order to fulfill their job requirements will have access to your Personal Information.

Your information may be stored by us and other parties in electronic or physical files. Electronic files are stored on servers which may be located outside of Canada, including in the United States. In the event that such information is located outside of Canada, foreign governments, courts of law enforcement or regulatory agencies may be able to obtain disclosure of this information.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. We do not warrant or represent that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

Cookies and Other Website Features

Our Website makes use of cookies. Cookies are small text files offered to your computer by servers in order to keep track of your browser as you navigate the Website. Cookies may be stored on your hard drive, or in temporary (cache) memory, in which case they are deleted when you shut down your browser or turn off your computer. We may use cookies to store preferences, record session information such as language preferences, develop aggregate information about website visitors’ preferences and interests, record past activity at a site in order to provide better service when you return to our site, or customize webpage content based on your browser type or other information you provide. Unless a visitor specifically provides their identity to us (e.g., by providing information through an online form or sending us correspondence from the website), cookie information is anonymous and we will not know who the individual visitors are. Information gathered from cookies is only used on an aggregate basis. You can disable cookies using your Internet browser’s settings. Please consult your browser’s help function for information on how to disable cookies. Note: if you disable cookies, certain features of our website may not function properly. 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.

Interest-based advertising: We may use third parties (such as Remarketing with Google Analytics) to serve our advertisements on our Website and other websites. These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our website and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our website. You can opt-out of interest-based ads from Google by visiting http://www.google.com/settings/ads. To find out more about the collection and use of information by third parties for behavioural advertising purposes, or if you would like to opt-out of certain third-party cookies and make selections about what online advertisement you choose to receive, you can visit the Digital Advertising Alliance of Canada website.

Third-Party Websites

Our Website may contain links to other websites that are provided as a convenience only, and which may have different privacy policies and practices than PayBright and, accordingly, we have no responsibility for such third-party websites, and individuals are advised to review the privacy policies of any third-party websites they visit.

Text Message Communications

We may contact you by SMS text using the telephone number information you have provided to us to verify your identity, provide you with links to apply for a loan, or notify you of payment transactions. Any information you provide by text will be handled by us in accordance with the terms of this Privacy Policy. Please see our Terms and Conditions for more information about text messages.

Telephone Communications

Your telephone conversations with our authorized employees and representatives may be monitored and/or recorded for quality control, internal training and recordkeeping purposes. We will provide you with another means to communicate with us if you choose not to consent to this recording. You have the right to obtain a copy of this recording. We and our affiliates and third parties with whom we share your Personal Information in accordance with this Privacy Policy may contact you by telephone using the telephone number information you have provided to us.

Access, Correction, and Contacting Us

We may establish and maintain a file of your Personal Information for the purposes described above, and which will be accessible at our Corporate Office in Toronto, Ontario. You may withdraw your consent to our collection, use, and disclosure of Personal Information at any time by contacting us. If you wish to request access or correction of your Personal Information in our custody or control, or if you wish to make inquiries or complaints or have other concerns about our Personal Information practices, you may contact us via our request form here, or at the contract details included below. Your right to access or correct your Personal Information is subject to applicable legal restrictions. If you withdraw your consent to certain uses of your Personal Information, we may no longer be able to provide certain products or services to you.

181 Bay Street, Suite 2100, Toronto ON M5J 2T3, Canada

The following paragraph applies to Quebec consumers only: If you are a consumer residing in Quebec, you have the right to request access to and to correct the Personal Information that we hold about you, including credit reports we consult or any recommendations as to your solvency. You can access, review and edit your Personal Information at any time by logging in to your account on our website or by contacting us at 877-276-2780. You can also request access to Personal Information not appearing in your online account. Such requests should be made in writing and addressed to our Privacy Officer. We will respond to such request within 30 days. Should we refuse to grant you access, we will provide you with our reasons to do so in writing. We will use our best efforts to ensure that Personal Information is as accurate, complete and up-to-date as necessary for the identified purposes.

Minors

We recognize the importance of protecting the privacy and safety of children. The PayBright Services are not intended for individuals under the applicable age of majority in the province in which they are located. We do not knowingly collect Personal Information from individuals under the applicable age of majority. Anyone under the age of majority should not use the PayBright Services. If we learn we have collected or received Personal Information from an individual under the age of majority without verification of parental consent, we will delete such Personal Information. If you believe we might have any information from or about an individual under the age of majority, please contact us as set forth in this Privacy Policy.

Policy Changes

We may revise this Privacy Policy from time to time, so please be sure to check back periodically. You can tell if this Privacy Policy has changed by checking the updated date that appears at the beginning of this Privacy Policy. You should not continue using the PayBright Services if you do not agree with the version of this Privacy Policy in effect at that time. By continuing to use the PayBright Services, you agree and accept the version of this Privacy Policy in effect at that time. If we materially change our privacy practices, we will take reasonable measures to notify affected individuals of these changes in advance. If our Personal Information practices change at some time in the future, we will post the changes on our Website to notify you of these changes.

If you reside in Quebec, we will notify you in advance of any material changes to this Privacy Policy and obtain your consent to any new ways in which we intend to collect, use, and disclose your Personal Information. We will provide you with a notice that sets forth the change, the date of the coming into force of the change and your rights to refuse such change and to rescind this Privacy Policy without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the modification comes into force.

Language

The parties have expressly requested that this Privacy Policy and all related documents, including notices, be drawn up in the English language. Les parties au présent énoncé sur la protection des renseignements personnels ont expressément demandé que cet énoncé et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise.