Privacy Policy
1. Scope
This policy explains how Arth Global Capital and its affiliates ("Arth", "we", "us" or "our") collect, use, disclose and protect personal information. It covers personal information we receive through our website, through financing inquiries and mandates, and through our work arranging OR advising capital for clients, including but not limited to commercial mortgages, real estate financing, equipment financing, franchise financing and trade finance.
Mortgage services. Mortgage services are provided by licensed mortgage agents (Mridul Mayank: M23007932 and Deepak Khanna: M23005794) acting on behalf of Affinity Mortgage Solutions, FSRA Licence No. 13093. Personal information collected for a mortgage application is also handled under Affinity Mortgage Solutions's privacy policy and its anti-money-laundering obligations. Our other financing services are provided by Arth Global Capital directly.
"Personal information" means information about an identifiable individual, as defined under applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA). It typically includes name, contact details, identification and financial information. It generally does not include business contact information used to communicate with someone in their professional capacity. This policy does not cover information about our employees, contractors or consultants, or information that is not personal information under applicable law.
2. Our Commitment
We collect, use and disclose personal information only as permitted by applicable privacy law and only to the extent needed to serve you. We treat the financial and identity information our clients share with us as confidential. We apply the same care to business/ commercial information, meaning confidential information about the companies/ bussinesses we advise. Specifically:
- We do not sell personal or business information.
- We use it only for the purposes we tell you about.
- We share it with capital providers only as needed for your mandate, and under a confidentiality agreement where appropriate.
3. Consent
We collect, use and disclose personal information with your consent, express or implied, or as required or permitted by law. By giving us your personal information, you consent to its handling as described in this policy. You may withdraw consent at any time, subject to legal and contractual limits and reasonable notice, by contacting us (Section 12). If you withdraw or refuse consent, we may be unable to arrange financing or provide certain services.
4. What We Collect and From Whom
We collect personal information directly from you wherever possible. Where needed to complete a mandate, we may also collect it from:
- lenders, capital providers, banks and other financial institutions;
- credit bureaus and consumer reporting agencies;
- appraisers, valuators, inspectors and equipment vendors;
- franchisors, suppliers, counterparties and their agents;
- your accountants, lawyers and other advisors, with your authorization.
Depending on the engagement, this may include:
- name, address, phone number and email;
- government-issued identification, for identity verification and know-your-client (KYC) checks required by lenders;
- personal financial statements, net worth, income, tax returns and credit history;
- information about beneficial owners, directors, guarantors and principals of a borrowing or investing entity;
- details of assets, property, equipment, collateral and transactions
For the businesses we advise, we also collect business information. This includes legal and trade names, corporate structure, shareholders and cap tables, revenue, financial statements, forecasts, business plans, franchise and supply agreements, and transaction documents. We limit collection to what is needed for the purposes we identify to you, or as required or permitted by law.
5. Why We Use Your Information
We use personal information to:
- assess your financing or capital needs and advise on suitable structures;
- prepare and present financing packages to lenders, investors and other capital providers;
- verify identity and complete KYC, anti-money-laundering and due diligence checks required by lenders or by law;
- obtain credit information where you are seeking credit or acting as a guarantor;
- manage our relationship with you, including engagement agreements, invoicing and fee collection;
- communicate with you about your mandate and, with consent, about relevant opportunities;
- improve our services, systems and operations;
- protect against error, fraud, breach of contract and unlawful activity;
- support a sale, merger, financing or reorganization of all or part of our business;
- comply with legal, regulatory and contractual obligations.
If we need your information for a new purpose, we will tell you and obtain consent where required.
6. When We Share It
We do not sell personal information. We share it only as described here, with your consent, or as required or permitted by law.
- Our team. Our partners, staff and contractors access information only on a need-to-know basis for your engagement.
- Capital providers. To arrange financing, we share relevant information with lenders, investors, insurers, credit bureaus and co-advisors involved in your transaction.
- Service providers. We use vendors such as cloud hosting, data rooms, CRM and deal-management software, e-signature and payment processors. They may use information only to provide services to us, unless the law requires them to disclose it.
- Analytics. We may produce reports and statistics from personal information, but publish them only in anonymized, aggregated form.
- Business transfers. In a sale, merger or similar transaction, information may be disclosed to a buyer or prospective buyer. We will take reasonable steps to ensure they use it consistently with this policy.
- Financial crime. We may share information with lenders, law enforcement or regulators where fraud, money laundering, terrorist financing or sanctions violations are suspected.
- Legal requirements. We may disclose information in response to a warrant, subpoena or court order, to an investigative body regarding a breach of agreement or law, to collect overdue fees, or to establish, exercise or defend legal claims.
7. Storage and Retention
Personal information is stored at our offices or with our service providers. We keep it only as long as needed for the purposes it was collected, or as required by law, then securely destroy or anonymize it.
8. Cross-Border Processing
We and our service providers store and process personal information in Canada. Because we arrange cross-border transactions, information may also be stored, processed or shared in the United States, India or other jurisdictions where our lenders, investors, counterparties or service providers operate. Information held outside Canada is subject to the laws of that jurisdiction and may be accessible to its authorities.
9. Website and Platform Data
When you use our website or client platforms, we may use cookies and similar technologies to collect your IP address, browser, device and operating system, referring page, approximate location, pages viewed and time of access. We use this to operate and secure our sites, improve functionality, understand which features are used, and, with consent where required, tailor communications. You can disable cookies in your browser, though some features may not work. We use web analytics, such as Google Analytics, and advertising tools, such as the LinkedIn Insight Tag, to understand site traffic and measure our campaigns. These tools set their own cookies and are governed by their providers' privacy policies. This policy does not cover information you give to social media platforms when you interact with our pages there, or to third-party payment providers when you pay us online. Their own privacy policies apply.
10. Safeguards
We protect personal information against loss, theft and unauthorized access, use or alteration with reasonable physical, organizational and technical measures, including access controls and encryption where appropriate. We require service providers, by contract or other means, to give comparable protection. No system is completely secure, so we cannot guarantee security in every circumstance. If a breach creates a real risk of significant harm, we will notify affected individuals and the Office of the Privacy Commissioner of Canada as required by law.
11. Your Rights
You may request access to, or correction of, personal information we hold about you. We will respond within the time required by law. We may need to verify your identity first, and in limited cases permitted by law we may decline a request and tell you why. If we do not make a correction you request, you may ask us to note your disagreement on file. To make a formal complaint, by contacting us (Section 12) so we have a record of it.
12. Contact Us
For access or correction requests, questions or complaints, contact: contact@arthglobalcapital.com
13. Electronic Communications (CASL)
We send commercial electronic messages, such as updates on financing markets, events and services, only with your consent as required by Canada's Anti-Spam Legislation. Every such message includes an unsubscribe option, and you may opt out at any time.
14. Changes to This Policy
We may update this policy as our business and legal requirements change. We will give notice of material changes by posting them on our website or emailing active clients, and the updated version applies from its effective date.
