Legal
Canada Deposit Insurance Corporation
Haventree Bank is a proud member of the Canada Deposit Insurance Corporation (“CDIC”). CDIC is not a bank, nor a private insurance company. CDIC is a federal Crown Corporation that contributes to the stability of the Canadian financial system by providing deposit insurance against the loss of eligible deposits at member institutions in the event of failure. It is funded by premiums paid by its member institutions, and it does not receive public funds to operate.
All of our Canadian dollar savings products, like our Haventree Bank Cash Account and our Guaranteed Investment Certificates, are eligible for CDIC insurance.
The following instruments and products are eligible for CDIC protection up to $100,000, per insured category, per depositor, and provided they are payable in Canada, as outlined in their brochure "Protecting Your Deposits" :
Haventree Bank Cash Account
Haventree Bank Guaranteed Investment Certificate
Haventree Bank Tax-Free Savings Account
Haventree Bank First-Home Savings Account
[Haventree Bank RSP Cash Account]
For more information, visit http://www.cdic.ca, or connect with the CDIC at:
Phone: 1-800-461-CDIC (1-800-461-2342)
Email: info@cdic.ca
Electronic Access Agreement
Introduction
This Electronic Access Agreement (this “Agreement”) governs your access or use of Haventree Bank’s Online and Mobile Banking Services (the “Services”). This Agreement supplements any other existing and future agreements that you have with Haventree Bank and any terms, conditions or disclaimers provided on our website. If there is a conflict between a term in this Agreement and any other agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict.
Definitions
“Account” means any Haventree account you have with us that you may access from time to time using the Services.
“Devices” means any electronic device that we allow you to use to access the Online Portal or the Services including, without limitation, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices.
“Device Passcode” means the passcode, password, biometric information or other authentication method that you designate to access any Device.
“Document(s)” means electronic versions or representations of statements, invoices and other records, notices, confirmations or documents, or information in summary form about the foregoing presented on the Online Portal.
“Instruction(s)” means any instruction communicated by you or purported to be communicated by you when accessing the Online Portal and the Services.
“Online Portal” means Haventree Bank’s Online and Mobile Banking portal that allows you access to the Services and to view information and/or conduct transactions.
“Password(s)” means a confidential combination of numbers, letters and/or special characters that you select to use to identify yourself to sign on to or transact on the Online Portal and the Services or a telephone system related to the Online Portal and the Services.
“Personal Verification Questions” means the questions and answers that you may be required to choose, and provide answers to when prompted, to help us confirm that you are the person accessing the Online Portal and the Services.
“Services” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices.
“Sign-In Credentials” means User IDs, Passwords, Personal Verification Questions, Device Passcodes, biometric information, or other information required to access the Services.
“User ID” means the user ID, selected by you, you use to sign on to and access the Online Portal.
“We”, “us” and “our” means Haventree Bank and, if applicable, its affiliates.
“You” and “your” means the customer with an Account or Service which is accessed through the Online Portal.
General Terms and Conditions
Use: You must use your Sign-in Credentials to access the Services on the Online Portal. You may also be required to answer your Personal Verification Questions when accessing the Services. You acknowledge and agree that while you may access the Services from other jurisdictions outside of Canada, some aspects of the Services or some information on the Online Portal may not be available to you in those jurisdictions. If you access or use the Services or the Online Portal outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, state, territorial, federal, national, or international laws that are applicable to such access or use of the Services by you.
Passwords: You agree to keep your Passwords and Personal Verification Questions strictly confidential and for your use alone. You must not disclose your Passwords or Personal Verification Questions to any other person. You must carefully select your Passwords and Personal Verification Questions such that they cannot be easily determined or reverse engineered by any other person, including not using the birth date or name of a family member, your telephone number, your social insurance number, or sequential numbers such as “1234”. If you know or believe that someone may know your Passwords or Personal Verification Questions, you must immediately notify us by telephone at 1.855.272.0051 and you must change your Passwords or Personal Verification Questions, as applicable, immediately. We will not be responsible for any losses that may result from you sharing your Passwords or Personal Verification Questions. When entering your User ID and Password and/or Personal Verification Questions into a Device, you must take all reasonable precautions to prevent others from viewing this information. If you have enabled touch ID or other biometric fingerprint recognition feature as your Password to sign on to the Online Portal or access any Services, any fingerprints stored on your Device will be able to access the Services through your Online Portal. You are not able to assign or restrict which fingerprint(s) can access the Online Portal. Providing your Device password to a third party or allowing a third party to add their fingerprint to your Device may provide them access to your Online Portal.
Security: The security of your information depends on you using safe practices. You agree that when using the Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the Services for the purpose of the relevant transaction. You agree to implement and maintain reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device. You must notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in your Account. You agree to comply with any additional security requirements that we may require in connection with the Services. You agree that you are responsible for any losses that result from your use of your Device to access the Services or that result from any use by a third party of your Device to access the Services. If you suspect someone else is using your Device to access the Services, you must immediately notify us by telephone at 1.855.272.0051
Accuracy of Information: Information on the Online Portal and on our website are provided to you as a convenience only and is not intended to provide financial, legal, accounting or tax advice and must not be relied upon for those purposes. Information provided on the Online Portal and on our website is believed to be accurate and reliable, but we do not guarantee that it is accurate, complete or current at all times. Amounts posted on the Online Portal and on our website may not reflect all payments made, interest charges, applicable fees or other payment terms. Rates and fees are subject to change at any time without notice and rates and fees posted on the Online Portal and on our website may not reflect the most recent changes.
Instructions: Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any Instruction. You acknowledge that each Instruction that you provide to us is final and will have the same legal effect as if it was a written instruction and signed by you. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any losses that may arise from these transactions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, that we may record your voice or responses and you consent to such recording. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete. When using the Online Portal, you agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an Instruction in these circumstances.
Communications and Notices: You consent to us communicating with you electronically, through the Online Banking Message Centre, your Devices, our websites, or via email. We may also communicate with you or send you notifications by mail.
Fees: You will pay all service fees or other charges that apply to the Services. This may include fees in addition to Account fees or charges. Service fees or other charges may be deducted from your Account at the time they are incurred. Unless stated otherwise, all fees will be expressed in Canadian dollars.
Notices of Fees and Changes: We may change fees and charges from time to time, and will give you prior notice of any changes.
Third Party Fees: You are responsible for any fees charged by Third Parties, for example, fees to either a sender or a recipient of an e-Transfer Transaction.
Alerts
Alerts may be sent securely to the Message Centre accessible through our Mobile or Online Banking applications, by regular email to your email address, by text message to your mobile phone number, or by a push notification sent to a mobile device. You understand that messages exchanged with us may be subject to standard data and text messaging fees charged by your mobile service provider. Alerts may be sent automatically when: particular changes to your Account(s) are made, such as:
your password has been changed;
your physical address or email address has changed; and/or,
the balance of your Account falls below $100 in the currency of your Account(s), or other amount specified by you.
Alerts are a key part of Mobile Banking and Online Banking, you cannot opt-out of receiving certain Alerts, such as fraud Alert. In these cases, you consent to the delivery of Alerts by the method chosen by us, including email or text message, to the email address or phone number you have provided. You may choose to receive opt-in Alerts regarding other Account or banking activity, which Alerts will be delivered by email or text message. Occasionally we may add new Alerts without prior notice to you or may discontinue existing Alerts by providing notice 30 days prior to deactivation. You are responsible for keeping your mobile phone number up to date with us.
In-App Messages: When you use Mobile Banking, we may send you targeted, contextual messages in the form of a pop-up alert (In-App Messages) to notify you of service disruptions or other issues that may impact your banking experience, such as sign-in issues or payment issues. In-App Messages can also be used to ask for your optional feedback on specific issues through targeted client surveys. You cannot opt-out of In-App Messages and you may receive them even if Alerts or Push Notifications are disabled.
Push Notifications: Certain Apps support push notifications which you can enable or disable on your Device. Even if push notifications are enabled, your ability to receive them may be affected by factors outside of our control, including your connectivity and whether your Device is turned off.
Payments in Digital Banking
Payments: Certain accounts or other sources of funds are available for making a payment, debit or transfer. Mobile Payments can also be made using our Apps. When making any Payment, you must ensure the accuracy of all information needed to complete the Payment, including account numbers, email addresses and payee names.
Delay in Payment: There may be a delay between any Instruction you provide, the withdrawal of any Payment from a funding source, and receipt of the Payment by a Third Party. You are responsible for accounting for this potential delay and for timing any Instruction to us accordingly.
No Liability: We are not responsible for any disputes you have with a Third Party including if that Third Party (1) does not credit you for a Payment for whatever reason, (2) charges you fees or penalties, or (3) does not supply goods or services purchased or the goods or services are not suitable.
Initiating an Interac e-Transfer: To send an Interac e-Transfer, you must provide the Recipient’s email address, mobile number or other permitted contact information (“Contact Information”). In some cases, you may be required to provide an e-Transfer Question and Answer to authenticate the Recipient, who must correctly respond to the e-Transfer Question and Answer. After you initiate an e-Transfer Transaction using the e-Transfer Service, we will withdraw the e-Transfer Transaction amount from your Account and send an email, text message or other message to the Recipient at the contact information that you provide. The message may identify you as the Sender, and the e-Transfer Transaction amount, the name of the Recipient, and that you are using the e-Transfer Service. In cases where an e-Transfer Question and Answer is used to authenticate the Recipient, we will hold the funds until we receive notice that (1) the Recipient has correctly responded to the e-Transfer Question and Answer and claimed the e-Transfer Transaction or (2) you cancel and reclaim the e-Transfer Transaction.
Initiating an Interac e-Transfer Request Money: To send an Interac e-Transfer Request Money, you must provide the Responder’s Contact Information. After you initiate an e-Transfer Request, we will send a message to the Responder at the contact information that you provide. The message may identify you as the Requestor, display your e-mail address and the e-Transfer Request Money amount, and indicate that you are sending an Interac e-Transfer Request.
No Interest: We will not pay interest on the e-Transfer Transaction amount to any Account, whether the Account was held by a Sender, Requestor, Responder or Recipient, for the period of time the e-Transfer Transaction amount was not in the Account.
Claiming or declining an e-Transfer Transaction when an e-Transfer Question and Answer is used: A Recipient of an e-Transfer Transaction may claim or decline the e-Transfer Transaction using Digital Banking, or the online or mobile banking services of another financial institution. To claim or decline an e-Transfer Transaction, the Recipient must first respond correctly to the e-Transfer Question and Answer. A Recipient who successfully claims an e-Transfer Transaction using Digital Banking or the online or mobile banking service of another financial institution should generally receive funds immediately. A Recipient has 30 days from the time an e-Transfer Transaction is sent to claim or decline the e-Transfer Transaction amount, after which the e-Transfer Transaction will automatically expire. An e-Transfer Transaction sent from another financial institution will also expire after a certain period of time.
Autodeposit: If the Recipient has registered for Interac Autodeposit, the e-Transfer Transaction funds sent by the Sender will be automatically deposited into the Recipient’s Account.
Cancelling an Interac e-Transfer Transaction: A Sender can initiate cancellation as long as the transfer has not been accepted by the recipient and the funds have not been deposited into their account. The transfer is subject to automatic cancellation if it is refused or exceeds the 30-day acceptance period. As a Recipient of an e-Transfer Transaction using Digital Banking, you agree that an e-Transfer Transaction may be stopped at any time by the Sender before you have claimed the e-Transfer Transaction.
Cancelling an Interac e-Transfer Request Money: A Requestor may cancel an e-Transfer Request Money at any time before it has been fulfilled by the Responder.
Your Responsibilities as a Sender: As a Sender of an Interac Transaction, you are responsible for:
providing a correct and operational email address, mobile number or other permitted contact information for the Recipient
ensuring that the Recipient has consented to your providing and our using the contact information of the Recipient for the purposes of sending the e-Transfer Transaction, and
notifying us promptly of any change to the email address, mobile number or other permitted contact information of the Recipient.
You must not disclose an Interac e-Transfer Question and Answer to anyone other than the person intended to receive your Interac e-Transfer Transaction and as we may further instruct you. In case of Interac Autodeposit, the Sender will be responsible for validating the legal name of the Recipient.
Your Responsibilities as a Recipient: As a Recipient of an e-Transfer Transaction, you agree to keep the answer to the e-Transfer Question and Answer confidential at all times and to use it only as required to receive the e-Transfer Transaction amount.
Your Responsibilities as a Requestor: As a Requestor, you are responsible for:
providing a correct email address, mobile number or other permitted contact information for the intended Responder,
ensuring that the Responder has consented to your providing and our using the contact information of the Responder for the purpose of requesting the e-Transfer Request Money, and
notifying us promptly of any change to the email address, mobile number or other permitted contact information of the Responder.
We and any third party may set access limits, including the amount of money you are allowed to send or receive when you use the e-Transfer Service.
Electronic Delivery of Information
This part contains your consent to receive information about your Accounts electronically, by default. It explains the type of information that will be delivered electronically, how the Information will be delivered, and how you can change your delivery preferences.
Consent to Receive Information Electronically: You consent to receive information such as monthly or periodic account statements, disclosures, notices, confirmations, certificates, tax documents, terms and conditions, agreements and amendments applicable to your accounts, in electronic form only. By consenting to receive information in electronic form only, you will receive information in the Documents page or in your Message Centre in Online Banking (and Mobile Banking, if available), rather than in paper and electronic form.
Consent Applies Immediately: This Consent takes effect immediately upon acceptance of this Agreement and also applies any time you change your delivery preference in Digital Banking to receive information in electronic form only. When your delivery preference is set to electronic form only, you may still receive some information in paper form for a limited time.
What will be Delivered to you in Paper Form: We may provide you with information in paper form if we are unable to provide it to you electronically, or otherwise at our discretion.
How Electronic Documents Will Be Delivered to You: When new information in electronic form is available for you to access, we will send a message to your Message Centre. We may also send you an email (but only if you have provided us with your email address) to notify you that Information is available through Digital Banking. Please note that email communication is not secure or reliable and email notifications may not be received by you in a timely manner or at all. We will not be responsible to you for any damages or costs resulting from your failure to receive an email notification. You may opt-out of email notifications by changing your email preferences in Online Banking.
Technical Requirements: Information may be presented as PDF files and may require you to have Adobe Reader or other third-party software installed on your Device. We do not own or operate, and are not responsible for, Adobe Reader or any other third-party software.
Document Delivery: Your information is deemed to be delivered to you on the day that it is made available to you through Online Banking and not on the day that you actually access it.
Your Responsibility to Access Electronic Documents: By consenting to electronic delivery of documents, you understand that you must access Digital Banking to access your information and agree to do so on a regular basis but in any event, not less than once every thirty (30) days).
Contact Information: You will advise us of any changes to your contact information that you have provided in connection with Digital Banking, including any change in your email address.
Availability: Electronic information will be available as long as your Account remains open, you continue to be enrolled in Digital Banking. It is your responsibility to retain a copy of your information by printing or saving it while it is available to view in Online Banking or Mobile Banking (if applicable).
Other Agreements Continue to Apply: Any agreements applicable to your Accounts continue to apply. You are required to review all of your information in accordance with the provisions of the agreements applicable to your Accounts, and if you think there is an error, you must contact us as soon as possible.
Records: Our records, including electronic records, and those of any of our affiliates or service providers (whether used by them or by us), regarding an Account or the Services, including the retrieval, consolidation, organization and presentment of information, records for each instruction, the presentment, or receipt and viewing of Documents, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings and electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
Prohibited Use: You will not (i) provide untrue, inaccurate or incomplete information about yourself; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose; (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or (iv) reverse engineer the source code for any software or any of the service technology we offer to access the Services on your Devices.
Suspension/Termination: We may terminate this Agreement or suspend your access to the Online Portal at any time, without notice to you, in which case this Agreement will continue in respect of your past access. We will not be liable for any losses or inconvenience that results from our termination of this Agreement or suspension of your access. If you want to terminate access to the Online Portal, you can give us notice of termination by calling us at 1.855.272.0051.
Intellectual Property: All content available on the Online Portal and all features and functionality of the Online Portal, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, published on or otherwise accessible through the Online Portal are protected by in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights, which are owned or controlled by Haventree Bank or its suppliers.
Limitation of Liability: You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will not be liable to you for any loss, damage, delay or inconvenience suffered or incurred by you with respect to this Agreement, the Services, or any Instructions. We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (as determined using reasonable commercial standards). In no event, even if we are negligent, will we be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by (i) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (1) any data or information given by you to us (including your failure to update); and (2) any data or information provided to you by any third party; (ii) any delay, error, interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures; (iii) unsecured communication being inaccurate, intercepted, reviewed or altered by others; (iv) any delay or inability to access or use the Services; (v) your failure to receive or view a Document that has been presented to you; (vi) your leaving our website and linking to and from or using any third party website or app; or (vii) (your failure to fulfill any of your obligations under this Agreement or to comply with any instructions we may provide to you from time to time in connection with the Services. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.
Release and Indemnity: Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of (i) your access to or use of the Services or (ii) your breach of the terms and conditions of this Agreement.
Changes: Subject to applicable law, we may change this Agreement at any time by giving notice to you. We will notify you of a change to this Agreement by posting a notice on our website. Your continued access or use of the Services after we post such notice means that you agree to and accept this Agreement as amended. If you do not agree to any change made to this Agreement, you must stop accessing and using the Online Portal. You understand that we may add, remove or change any part or feature of the Services, including the Online Portal, at any time, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.
No Warranties: Except for any express agreements we have with you, we disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of the Online Portal, the Accounts and Services, including any warranties and conditions as to merchantability, operation, currency, timeliness, merchantable quality, fitness for a particular purpose, title, non-infringement, security, and accuracy. We do not represent or warrant that (i) the Services or our website will meet your requirements; (ii) the Services or our website will be error free or provided on an uninterrupted or continuous basis; (iii) there will be no delays, no difficulties in use, no defects, or no incompatibilities with your use of the Services or our website; (iv) all deficiencies in the Services or our website can be found or corrected; and (v) that our website and any communication from us, whether from our website, or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.
Governing Law: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to Agreement must be instituted in the courts of the Province of Ontario, and you agree to submit to the jurisdiction of such courts in any such action or proceeding.
Severability: If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
Everyday Growth Account
Introduction
The Haventree Bank Everyday Growth Account is an online Canadian dollar personal bank account. Haventree Bank is a purely online financial institution without any physical branches. The Account earns interest daily based on the closing balance, and interest is paid monthly. There is no minimum balance requirement. By signing up for an Everyday Growth Account, you agree to receive all communication and documents related to your Account in electronic format.
1. Definitions
“Account” means your Haventree Bank Everyday Growth Account;
“Account Terms” means these terms and conditions;
“Alert Messages” means the automated security alert messages, opt-in and low balance alert messages that we may send to you securely to the Message Center accessible within the Services or by regular email to your primary email address or by text (SMS) message to your mobile phone number;
“Autodeposit” means an Interac e-Transfer® that is automatically deposited to your Account or your recipient’s account without answering a security question.
“Autodeposit Recipient” means a recipient who has registered for Autodeposit at a participating financial institution.
“Biller” or “Third Party Biller” means a business or organization to which you owe payment for goods or services provided. Examples include telecommunications companies or utility providers;
“Business Day” means a day other than a Saturday, Sunday, federal holiday or publicly observed holiday in the applicable province;
“Documents” means electronic versions or representations of statements, invoices and other records, notices, confirmations or documents, or information in summary form about the foregoing, and includes the interest, fees, privacy and/or complaint-related disclosure documents you receive(d) electronically when you opened your account, such as those outlined below in Section 3 under Identity verification and account opening requirements ;
“EFT” means Electronic Funds Transfers, including transfers between your Accounts, transfers between your Account(s) and Linked Accounts, or pre-authorized transactions including direct deposits and pre-authorized debits;
“Electronic Communication” means any communication by telephone, email, Message Centre, text (SMS), social media, chat, fax, or other method of telecommunication or electronic transmission;
“Device”: means any electronic device that we allow you to use to access our Services (for example, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices);
“Electronic Identification” or “Login Credentials” or “Login ID” is your email address (registered to your profile) and is used in combination with your password to sign on to our Services;
“Electronic Transaction(s)” means any transaction with respect to an Account, such as deposits and withdrawals (including bill payments), transaction cancellations, and transfers – including Interac e-Transfers®, Electronic Funds Transfers (EFTs) and internal transfers -- as well as any other transactions with respect to an Account that we may permit through our Services;
“External Account” means a personal deposit account that you hold with another Canadian financial institution;
“Instrument” means a mobile cheque deposit, bill payment, electronic debit or credit or other payment instrument such as Interac e-Transfer®;
“Instruction” means an instruction by you that is electronically communicated to us after electronic identification and/or security question authentication through our Online or Mobile Banking or customer care centre;
“Joint Account” means a Haventree Bank Everyday Growth Account with more than one Accountholder;
“Linked Account(s)” means the External Account in your name at another Canadian financial institution that is linked to your Haventree Bank Everyday Growth Account;
“Message Centre” means a secure messaging inbox, accessible through Haventree Bank Online or Mobile Banking;
“Mobile Cheque Deposit” is the method used for depositing a cheque into your Account remotely using your mobile device;
“Mobile Banking” or “Mobile” means the approved mobile application through which you may sign on to the Services;
“Online Banking or “Online” means the Website through which you may sign on to the Services;
“PAD” means a pre-authorized debit -- a withdrawal from your Account made by an organization or another financial institution that you have authorized to do so;
“Primary Accountholder” means the person we consider to be the main Accountholder, including, in the case of Joint Accounts, the first person listed as an Accountholder, per our records;
“Request Money” means a request for an Interac e-Transfer in a specified amount sent by a person from a participating financial institution.
“Requestor” means a person who sends a Request Money from a participating financial institution.
“Sender” means a person who instructs a financial institution to send a transfer (including, if applicable, to fulfill a Request Money);
“Statements” means the online monthly account statements accessible through Online Banking;
“Service(s)” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices;
“Third Party Service Provider” means a party retained by us to act on our behalf to provide or to assist us in providing our Services;
“We”, “us”, “our” means Haventree Bank;
“Website” means www.haventreebank.ca; and
“you”, “your”, “client”, “customer” or “Accountholder” means each holder of an Account. A business – such as corporations, joint ventures, or sole proprietorships – cannot be an Accountholder.
2. Eligibility
To be eligible to open Haventree Bank Everyday Growth Account, you must: (i) be a Canadian resident with a permanent Canadian address; and (ii) meet the age of majority in your province or territory of residence.
You are responsible for maintaining a valid email address as part of your profile with us and are responsible for notifying us of any changes to your email address or any other personal information you have previously provided us.
The Haventree Bank Everyday Growth Account is intended for personal use only. You agree that if we suspect you are using your Haventree Bank Everyday Growth Account for business or non-personal purposes, we may close your Account.
3. Identity verification and account opening requirements
We are required by federal law to obtain, verify and record information that identifies each person who opens an Account. When you open an Account, you will be asked to provide information to help identify you, including your name, street address, and date of birth. We may also require additional proof of your identity if it cannot be verified through our standard processes. Your Account will become active once we have verified your identity and you have been notified by us that your Account is active.
You agree and consent to us verifying your identity as required or permitted by law and agree to provide any documentation we believe necessary to help in this regard. As such, your new Account will not be opened, no interest payments will be made and no other benefit derived from your new Account will apply until all such requirements are satisfied.
There may be cases where we need or choose to contact third party credit reporting agencies or other third parties to help us identify you. You agree and consent to us verifying information provided by you, whether when opening your Account or through use of your Account, using credit bureaus, credit reporting agencies or other third parties, including, but not limited to, telecommunication and utility providers. You agree to provide any records that may be required for the opening of your Account with us, and its continued operation under federal and/or provincial law, including but not limited to, those necessary under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, including any related regulations and/or guidelines, or such other similar legislation as the case may be.
Your Social Insurance Number (“SIN”) is required to open an account, for tax reporting purposes. In order to assist in verifying your identity and to help prevent errors and fraud, we may also share your SIN with credit reporting agencies. The sharing of your SIN with credit reporting agencies is optional and not a condition of service. You have the option of requesting that your SIN not be used for purposes other than as required by law.
Should you fail to satisfy any of our account opening requirements, whether as specified in these Terms and Conditions or otherwise, we reserve the right not to open your Account.
You acknowledge that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations, as they may be amended from time to time, apply to the operation of your Account and that we will adopt policies and procedures to address the reporting, client identification and record-keeping requirements of this legislation. You agree to abide by and comply with all our policies and procedures, even if they may be more rigorous than the statutory or regulatory requirements.
4. Acceptable Use
This is a personal account. You agree to use your Account for lawful purposes only and in compliance with Haventree Bank’s policies and procedures. You agree to take all reasonable precautions to maintain the security and integrity of your Account and to prevent fraudulent transactions in it. You agree to advise us of any suspicious circumstances surrounding a transaction that you may be aware of related to your Account. If, in our opinion, there is unusual, improper or suspicious activity in or related to the Account, we reserve the right to take the actions that we in our complete discretion consider appropriate, including denying services to you, suspending the Account, or closing the Account. If the Account is used for business banking purposes, we reserve the right to close the Account without notice to you.
You will not include in any payment, transfer, or similar communication, content that is: (i) harmful to Haventree Bank or any individual, company, corporation, or other body corporate, government, governmental body, unincorporated body of persons or association; (ii) reasonably considered to be the personal information of an individual, unless it has been provided with the appropriate consent and in accordance with applicable privacy laws; (iii) a virus or other code or mechanism that is intended or is likely to cause damage including, but not limited to, a deceptive or malicious URL; (iv) offensive, harassing, discriminatory, or defamatory; (v) relates to, or is used to conduct, illegal activities; or (vi) otherwise in contravention of applicable laws and rules.
You are responsible for ensuring that there are enough funds in your Account required to cover any transactions you may initiate. You will be accountable for any transaction that is not processed due to insufficient funds. We will not allow your Account to go into an overdraft. We may charge a fee if your Account has been overdrawn.
We, in our sole discretion, may deem a deposit or withdrawal to be fraudulent or counterfeit. If this occurs, the transaction request will not be processed and, as applicable, funds will not be returned to you.
We may establish dollar amount, transaction, account balance or other account-related limits per customer. These limits may change at any time and without prior notice to you. If you attempt a transaction that is in excess of these limits, we may reject the transaction. Please refer to our [Account Fees & Features] for further information on dollar amount, transaction, account balance or other account-related limits for various transactions.
5. Privacy
By initiating the account opening process with us, you consent to the collection, use and disclosure of your personal information in accordance with Haventree Bank’s Privacy Statement.
The Privacy Statement forms part of these Terms and Conditions and your acceptance of these Terms and Conditions indicates that you also agree to the terms of the Haventree Bank Privacy Statement. It is important that you review our Privacy Statement carefully prior to opening an Account. The Privacy Statement may be amended or replaced from time to time and we will post the revised Agreement on our Website.
We reserve the right to comply with any third party demands which have been issued under federal or provincial legislation, or any court order we receive in respect of your Account. You agree that we will not be liable to you in any way for complying with any such third party demands or court orders issued on or against your Account.
6. Electronic Identification
Once your Account is created, your Login ID and password, or other log in credentials we may authorize, will be required anytime you want to access your Account. You are responsible for the safe keeping of your Login ID and password and for not sharing either with anyone. Please ensure they are kept private and strictly confidential.
7. Interest
If interest is payable on any credit balance in an Account, it begins to accrue on the day your Account is activated at the rates applicable to your Account as described in the Interest Rate Schedule. Interest is calculated daily on the closing balance of your Account at the rates per annum and paid monthly on the first calendar day of each month. Interest payable will be rounded to the nearest cent. You acknowledge that interest rates and interest calculation methods may change at any time at Haventree Bank’s complete discretion. We will notify you of interest rate changes, and post the new rate and any interest calculation changes on the secure Message Centre or on our Website.
Notwithstanding the above, should your Account become active on the last business day of the month and should you make a deposit into the Account on that day, interest may not be paid on the amount deposited until the following month. Interest will, however, begin to accrue on the amount the day it is deposited.
You acknowledge having received and reviewed the Interest Rate Schedule and understand the interest rate(s) applicable to your Account.
If your Account is closed, accrued interest will be calculated up to, but not including, the date of closure of the Account and will be credited to your Account at the time the Account is closed.
8. Set-Off
We maintain a right of setoff against you. This means that we may apply (i.e. offset) the funds on deposit in the Account against any debt or obligation you, or if this is a joint Account, any one of you, owes to Haventree Bank or any of its affiliates without notice.
9. Fees
This is a no-fee daily banking account. It has no maintenance fee. For the list of fees that may be charged by us in connection with this Account depending on your usage, visit [Haventree Bank Everyday Growth Account Fees]. You authorize us to charge any fees incurred by you directly to your Account. If a fee is increased or a new Account fee is introduced, we will provide notice of any such change in writing to you through electronic means, which may include posting a notice on the Message Centre or on our website or by any other method allowed by law as determined by us, at least 60 days before the change comes into effect.
10. Low Balance Alerts
At account opening, your account will be automatically enrolled in a low balance alert. Should your Account balance fall below $100, we will alert you (in keeping with your account settings and preferences). You can change this threshold amount at any time or opt-out of the low balance alert entirely through Online Banking. To manage your alerts, visit the Manage Alerts page through your account Settings.
11. Account Transactions and Records
Haventree does not provide paper copies of your account statements. Statements and ongoing transaction and balance information are available online from our [Online Banking Portal?].
You agree to access [Online Banking Portal?] at least once a month to review and verify that all your transactions and balances are correct; all items paid from the Account are valid and duly authorized; and all amounts charged to your Account are correct. Should you notice any errors, omissions, irregularities or discrepancies you must notify us within 30 days of the transaction record, otherwise we will consider your Account records to be accurate. You will be bound by this section even if you do not use Mobile Banking or Online Banking Portal to review your Account entries and balances at least once every 30 days. Except for errors reported in writing during that time, the Bank is discharged, from any claim with respect to the accuracy of your Statement.
12. Corrections or Errors
If we mistakenly credit an amount to your Account, we can correct that error at any time.
13. Joint Accounts
Where an Account is opened as a Joint Account, or converted to a Joint Account, each Accountholder, and any of their legal representatives, has full access to and may conduct transactions on the Joint Account. We will execute transactions initiated by, and act on instructions given by, one Accountholder, and may communicate with any one Accountholder about Joint Account matters, without additional authorization by any other Accountholder(s). All Accountholders are responsible, jointly and severally (and in Quebec, solidarily), for all obligations arising from these Terms and Conditions and use of the Joint Account.
You acknowledge that any Accountholder may invite others to join a Joint Account. You will be notified by us at the time of invitation. You further acknowledge that Accountholders of a Joint Account will have access to information about the Account, including tax reporting information and, if applicable, information about the Account prior to it becoming a Joint Account.
This Sub-Section Applies to all Provinces Except Quebec:
14. Survivorship
Joint Accounts have a right of survivorship, which means each joint accountholder intends that on their death, any positive balance of the Joint Account may be withdrawn or made payable to the surviving join accountholder(s), subject to any right of set-off that follows. Where the deceased accountholder is not a resident of Quebec, each joint accountholder directs the Bank, upon receipt of a demand from the surviving joint accountholder(s) and evidence of death acceptable to the Bank, to act in accordance with a request to remove the name of any deceased joint accountholder from the Account, subject to applicable laws. The Bank reserves the right to setoff against each join accountholder jointly and severally. This means that on the death of any joint accountholder, all their debts owing to the Bank may be paid out of the joint Account and the remaining balance, if any, will be paid to the surviving join accountholder (s). Where the deceased accountholder is, at the time of death, a resident of the province of Quebec, the joint Account may be frozen by us and any positive balance will be settled in accordance with the estate of the deceased accountholder.
The request by any accountholder to leave or close the Joint Account will be treated by us as a request to close the Account. We may also treat the death of an accountholder as a request to close the Account. This is subject to any other provisions set out in these Terms and Conditions and anything else we may require from time to time.
15. Linked Accounts
You may link more up to three (3) external accounts to your Haventree Bank Everyday Growth Account, subject to certain limits. All Linked Accounts may be set up via Mobile Banking. A new Linked Account will be activated upon verification that you are the accountholder of the external account. It typically takes five to seven days for Linked Accounts to be set up.
We, in our sole discretion, may refuse to process your request for a Linked Account or may require you to provide a paper cheque from the proposed Linked Account in order to complete a request
16. Interac e-Transfer
Interac e-Transfer® services can be used to send money electronically to a recipient who has a bank account at any Canadian financial institution. To send an Interac e-Transfer® via Mobile Banking or Online Banking you must provide the email address of the recipient, the amount to be sent, and a security question and answer needed by the recipient to authenticate the funds transfer. In order for the recipient to receive the Interac e-Transfer® they must correctly answer the security question. Only the instructions for retrieving the money are transferred by email or text; the funds are transferred directly between accounts or financial institutions. As the originator of the Interac e-Transfer®, you agree that it is your responsibility to:
provide the accurate email address of the recipient;
use an effective security question and answer that is only known by you and the recipient;
keep the answer to all security questions confidential and only disclose them to the recipient of the transfer and not use email or any optional message that may accompany the transfer to send the recipient the answer to the security question.
You agree and understand that we are obligated to pay the transfer to anyone who claims it, providing they are able to correctly answer the security question even if the person was not the intended recipient of the transfer.
If you are the recipient of a transfer, you agree to keep the answer to the security question confidential and disclose it only as required to claim the Interac e-Transfer®.
We will not be liable for any losses as a result of the sender or recipient’s misuse of, or improper communication or disclosure of, the answer to a security question.
When you initiate an Interac e-Transfer®, we will immediately withdraw the amount of the transfer from your Account and notify you within 30 minutes of the transaction. We will hold the transfer amount until we are advised that the recipient has claimed or declined the transfer, or you advise us to stop the payment on the transfer, whichever occurs first.
The recipient has 30 days from the date the transfer was initiated to claim the funds. After 30 days the transfer will expire and, if unclaimed, the money will be deposited back into your Account (minus any applicable charges).
Unclaimed or expired transfers that are returned to your account do not attract interest for the period they were waiting to be accepted. Unclaimed or expired transfers are posted to your account on the date the funds are returned to us.
Transfers can only be made in Canadian dollars. You may view the Interac Terms of Use here: Interac e-Transfer Terms of Use - Interac
17. Interac e-Transfer® Autodeposit
Autodeposit is an Interac e-Transfer® feature that allows you to register to have Interac e-Transfers® automatically deposited to your Account or your recipient’s account without answering a security question.
If you have registered your email address or mobile telephone number for Autodeposit to your Account, any Interac e-Transfer® Autodeposit sent to you will be deposited into your Account automatically without further action from you.
When you send an Interac e-Transfer® to an Autodeposit Recipient, you are responsible for providing a correct and functional email address or mobile telephone number and the amount to be sent. If the email address or mobile telephone number entered is registered for Autodeposit the amount will be automatically deposited into the Autodeposit Recipient’s account. Once sent, you cannot stop, cancel or recall the transaction. If the email address or mobile telephone number is not registered for Autodeposit you will need to enter a security question (see section above: Interac e-Transfer®).
You agree that you are responsible for providing the Autodeposit Recipient’s correct and functional email address or mobile phone number and that you have permission to use them. You agree that we are not responsible for the verification of the accuracy of the information you provide to us, and that we may rely solely on the information provided by you to affect the transaction. We will not be liable for any losses resulting from your failure to provide accurate information.
If the Interac e-Transfer® amount cannot be deposited into the Autodeposit Recipient’s account, the funds will be re-deposited into your Account.
We may decline to fulfil an Autodeposit without liability at any time before the Interac e-Transfer® amount has been deposited if we have reason to believe you, the sender or the Autodeposit Recipient is engaging in fraudulent, unlawful or improper activity, or that an error or mistake has occurred or in the event of a breach of these Terms and Conditions.
18. Bill Payments
If you give us instructions to make payments to third parties, including instructions to pay any bill or invoice, you acknowledge that the instructions will result in funds being withdrawn from your Haventree Bank Everyday Growth Account on the date the instructions are given or, in the case of post-dated payments, on the specified date. You acknowledge that third parties may not treat payments or post-dated payments as being received as of the date the instructions are given, or, in the case of post-dated payments, on the specified date.
Once electronic payment instructions have been sent, they will be final and irrevocable, so that it may not be possible to retrieve funds sent in error. We can update your bill profile if a biller informs us of a change or if we deem it necessary.
You are responsible for knowing your biller’s payment requirements. We may reject, cancel or return payments to you that do not meet these requirements. In addition, you are responsible for ensuring that your payments are requested with sufficient time to be processed by us and by the biller. Occasionally, payments may not be processed for a number of reasons including but not limited to insufficient funds, inconsistency with the billing Account Number on your payment and/or the billing Account Number registered on your bill profile at the time of processing the payment, and a change in the status of the biller, or your bill profile. Haventree Bank is not responsible for the delay or failure of any third parties to act upon instructions provided by you or any consequences resulting from such a delay or failure. We will not be responsible for any losses resulting from problems or disputes with third parties and you agree to settle your dispute directly with the third party. Haventree Bank is not responsible for our inability to retrieve electronic payments from third party accounts with us or from other financial institutions.
19. Scheduled and Recurring Transfers To / From External Accounts
Scheduled and recurring transfers can be made between your Account and your Linked Account(s). By initiating a scheduled or recurring transfer, you authorize us and your other financial institution(s) to transfer funds between your Account(s) and your External Accounts according to your Instructions. Changes to your payment schedule can be made at any time based on your direction. Timing of the changes may not be guaranteed depending on when the changes were made.
20. Holds On Your Account
When you deposit funds with us by Interac e-Transfer, EFT, or Remote Cheque Deposit we may place a hold on all or a portion of your deposit until we have verified that the funds will be available from the other financial institution to cover the deposit. The deposit will be reflected in your Account immediately but your ability to access the entire amount of your deposit will be limited until the hold period has expired. You will be unable to withdraw, transfer (via EFT or Interac e-Transfer®) or pay bills using funds that are being held. The time period for deposits varies and depends on the amount and nature of the deposit. There may also be circumstances where the hold period is extended. For more information on cheque returns, please refer to our [Holds Funds Policy].
21. Clearing, Settlement and Payment
We may present and deliver instruments for payment, clearing, collection, acceptance or otherwise through any other financial institution as we deem appropriate. The other fianancial institution shall be considered to be your agent and we will not, in any circumstances, be responsible or liable to you for the acts or omissions of this bank or other parties, however caused, in the performance of this service. We are also not liable for the loss, theft, destruction or delayed delivery of any instrument while in transit to or from, or in the possession of, any other financial institution. If we or our agent presents an instrument to another financial institution for payment on your behalf and the other financial institution refuses to recognize or provide payment on that instrument for whatever reason, you will remain responsible for the amount of that instrument deposited with us.
22. Closing your Account
You can close your Account with us at any time by calling us at 1-587-760-0587 All funds including interest accrued must be transferred out of your account via EFT or Interac e-Transfer, and any scheduled direct deposits or EFTs must be removed before you can close your Account. We also have the right to close your Account for any reason, and pay you the balance, if any, according to our rights of Set-Off. Where there is no money in your Account and there has been no transaction for six (6) months, your Account may be closed at our discretion, where applicable. Upon your death or incapacity, we are authorized to take such steps and/or require such documentation (including but not limited to a certified copy of the death certificate, a letter of direction and notarized copy of the Certificate of Appointment of Estate Trustee or Executor [or the jurisdictional equivalents of these documents]) or restrict transactions in the Account as we deem prudent or advisable. For more information, see Survivorship above at section 14.
23. Suspension or Termination of Account or Services
We may, in our sole discretion, suspend or terminate your Account, or your access to your Account and/or the Services at any time without notice to you for any reason. Our suspension or termination will not affect any obligations or liability you have under these Terms and Conditions. There are no fees or associated costs for such termination of your Mobile Banking or Online Banking services .
24. Dormant Accounts
Your Account will be considered dormant if you have not signed into and completed a transaction in your Account in 24 months. The account will be deactivated, and you will be required to contact us at 1-587-760-0587 to reactivate your Account. “Transaction” is any transaction initiated by you, including but not limited to, deposits, withdrawals, bill payments, EFTs and Interac e-Transfers®, or (ii) a sign in to Online or Mobile Banking, and includes your receipt of interest in the Account.
If your Account is dormant and has no positive balance, it will be closed without notice to you.
If your Account is dormant and the balance is greater than $0, you will receive a Dormant Account Notice. These notices will be sent to your address registered to your profile after the first two year, five year, and nine year periods of inactivity. The notice after the nine-year period of inactivity will include information on how to reclaim funds. Interest will be paid until the Account is closed.
Accounts that remain inactive after 10 years where the balance remains unclaimed will be closed and the balance transferred to the Bank of Canada. Balances are transferred to the Bank of Canada once a year, on or about December 31. To claim an account balance transferred to the Bank of Canada, you must file a claim with the Bank of Canada.
25. Changes to these Terms and Conditions
Changes to these Terms and Conditions may be made by us at any time and without prior notice to you unless advance notice is required by law. When changes are made, notice of the change will be posted on the Message Centre located inside your digital banking app, on our website, and/or sent to the email address associated with your Account. You agree that if you access or have funds on deposit in any Account, you will be deemed to accept the change. You can obtain a copy of the current Terms and Conditions by visiting our website. You may refuse the change by terminating these Terms and Conditions and closing your Account without cost, penalty or cancellation indemnity by notifying us within 30 days of the effective date of the change.
You acknowledge that we may, from time to time, make special offers or promotions available to some or all of our customers with or without notice. You acknowledge that we reserve the right to amend, withdraw, suspend or terminate such special offers or promotions in our sole discretion without notice.
26. Responsibility
Haventree Bank offers no guarantee regarding Online Services or services that may be delivered in any other way and cannot be held liable for any acts or omissions that occur online, by telephone or in any other channel. You understand and acknowledge that the availability of the Internet and telecommunications networks is inherently unpredictable and may be affected by routine maintenance, equipment malfunctions, systems overload, software defects, power failures, weather-related events, natural disasters, cyberattacks, or other causes beyond our reasonable control. You shall not hold Haventree Bank liable with respect to delays, damages or inconveniences caused by the failure or malfunction of the Online Services or by your inability to gain access to it. You shall settle directly with a billing company any claim or dispute related to a transaction. Haventree Bank shall not be liable for the failure of a billing company to register the payment of any bill which you have made by means of the service, nor shall it be liable for any extra costs, including interest penalties, charged by a billing company.
Haventree Bank will not be held responsible for any disputes with a beneficiary including a dispute resulting from the beneficiary not receiving payment for any reason, charging you fees or penalties, not providing the purchased goods or services or claiming such goods or services are unsuitable.
Haventree Bank shall not be held liable for any losses or damages (including without limitation direct or indirect, special, incidental or consequential, exemplary or punitive damages, losses or expenses) resulting from the services, the inability to use the services, any defects in performance, errors, omissions, interruptions, delays in operations or transmissions, computer viruses, failure or breakdown of systems or lines, loss of data, unauthorized use or reproduction of the site or information on the site, even if Haventree Bank or its representatives are informed of the possibility of such damages, losses or expenses.
You acknowledge that any dispute with a merchant or issuing company or any third party will be settled directly between the merchant or the issuing company or third party and you.
27. Limitation of Liability
We are not responsible for any losses, costs, damages or any failure to obtain any profit in connection with your use of your Account or with any other of our products or services, without limitation and however caused, unless we were grossly negligent. If we were grossly negligent, you will not hold us liable for any indirect, special or consequential damages (including lost profits). You will be responsible for any loss, cost or liability (including reasonable legal charges) incurred by us as a result of your failure to comply with these Terms and Conditions.
28. Language
The registered owner agrees that the application and all documents relating to the GIC will be issued in English or French. La version française de la Convention est disponible ici: [LINK]. Vous confirmé que suite à la remise de la Convention en français, vous avez expressément demandé de la recevoir ainsi que tous les documents s’y rattachant en anglais. The French version is available here: [LINK]. Having been provided these Terms and Conditions in French, you confirm that you expressly requested to receive it and any related documents in English.
29. Deposit Protection
Haventree Bank is a Member of the Canada Deposit Insurance Corporation (“CDIC”). Haventree Bank deposits and GICs are eligible for deposit insurance from CDIC subject to maximum coverage limitations as outlined in CDIC’s brochure “Protecting Your Deposits.” To learn more, visit CDIC’s website at www.cdic.ca or contact them directly at info@cdic.ca or 1-800-461-2342.
30. Complaints
At Haventree Bank, we are committed to providing the best possible service to all our customers. We understand that sometimes you may have concerns. We want to handle your complaint in the most efficient and professional manner possible. For more information, please visit https://www.haventreebank.com/en-CA/support/submit-a-complaint
Haventree Bank is dedicated to engaging with the public and its customers in a just and equitable manner, and we strive to answer enquiries quickly and clearly. We strictly prohibit any coercive behavior that involves undue pressure or otherwise taking advantage of a person.
Haventree Bank does not tolerate abusive, threatening, harassing or discriminatory conduct or language in any communications with our staff. In such instances, we reserve the right at our sole discretion to suspend or terminate the interaction, refuse further services through the channel in question, and take any other action we consider necessary in the circumstances.
31. Modifications to these terms
We may from time to time change the terms and conditions. We will give you a written notice of any changes as required by law. Should you have questions about the terms and conditions of this Agreement, you may contact a Client Service team member at 1-587-760-0587.
32. Conflict of terms
If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the terms in any other agreement between you and us, these Terms and Conditions prevail and the parties shall take any necessary steps to conform the inconsistent terms to the provisions of these Terms and Conditions.
33. Severance
If any part of this Terms and Conditions is held to be unenforceable for any reason, the unenforceable portion of the Terms and Conditions will not affect the enforceability of the remainder of the Terms and Conditions, which will continue in full force and effect as if this Terms and Conditions had been executed without the unenforceable portion.
34. Jurisdiction
This Terms and Conditions, the Services, and the operation of the Account will be governed by and construed in accordance with the laws of the province or territory in which you reside, and by the laws of Canada applicable therein. You agree to submit to and be bound by those laws and the courts of that jurisdiction.
35. Trademarks
The trademarks, trade names, services marks, logos and all other indicators of source of any kind used or displayed on the Sites, including Haventree Bank (the “Trademarks”) are registered and unregistered trademarks of Haventree Bank, its affiliates or its licensors. Nothing in these Terms of Use should be construed as granting any license to use or display any of the Trademarks without our express written permission or permission from the applicable trademark owner. Unauthorized use or display of any of the Trademarks is prohibited and may be a violation of domestic and foreign trademark laws. You acknowledge and agree that you do not acquire any rights, title or interest in or to the Trademarks using the Sites, or the Content and services available thereon.
36. Other Trademarks
Third party content such as words and symbols are trademarks and the property of the third parties listed below.
Interac® - Trademark of Interac Inc. Haventree Bank is an authorized user of the trademark.
Haventree Bank is a trade name of Haventree Bank.
Haventree Bank Electronic Disclosure Policy
How it works: Haventree Bank (“we”, “us” or the “Bank”) must obtain your consent before delivering to you electronically any notices and other documents that are required by law. Because we are a digital (or online) bank, if you do not consent to electronic delivery, you will not be able to open an account with us. Revoking your consent to have Documents delivered to you will also result in the closure of all your banking accounts with us. For Haventree mortgages and loans, your consent cannot be revoked once the loan is funded. Your consent takes effect immediately upon clicking “I Agree”.
Where to find your documents and how long we keep them for: The Documents section of our haventreebank.com website contains the following documents and disclosures: statements, tax documents, loan agreements, and other key disclosures. We will keep a copy of all Documents provided to you for the entire time you maintain your Account with us and for a minimum period of 5 years after you cease to maintain your Account with us. We reserve the right to provide you with Documents by paper delivery if we are unable to provide electronic delivery, have reason to believe you may not have received the Document, or if we, in our sole discretion, otherwise consider it appropriate. Any paper delivery will be provided to you at the most current mailing address that we have on file for your Account.
Your obligations to review Documents: You agree to access your Haventree online banking profile at least once per month to review Documents. If you have any issues accessing your online profile, please reach out to us at 1.855.272.0051.
Email messages: From time to time, we may send non-secure messages to you by email. The nature of these messages will typically be alerts and notifications. Personal information or information that is a confidential or sensitive nature is never sent by us to you by email. Non-secure messages will be sent to the email address that we have for you in our records. Please remember to notify us of changes to your email address immediately, so we may continue to provide you with this service.
Amendments to this Policy: We may change the terms of this Consent at any time by providing you with notice of change through electronic or paper delivery. You agree that your subsequent use of our Services means you agree to and accept any revised terms and conditions.
Limitation of Liability: You agree that your Documents and any online notifications through the Haventree Banking App may be delayed, not delivered or inaccurate due to a variety of factors, including technical problems. Subject to the governing law of your jurisdiction, we will not be liable for any direct or indirect damages arising out of your use or inability to use the alerts, regardless of the cause, including negligence, even if we are advised of the possibility of such damages. For non-secure messages, you accept the risk that the alert messages may be lost, intercepted, reviewed or altered by others.
Haventree Bank Hold Funds Policy
This Policy is based on the regulations set in the Bank Act, and the rules established by Payments Canada. For the purposes of this policy, “cheque” also includes Electronic Funds Transfers (“EFT”), certified cheques, bank drafts, money orders and other instruments.
How it works
When you make a deposit into your Everyday Growth Account (“the Account”), your Account is instantly credited for the amount of the cheque. However, you may not be able to access the full amount from that deposit immediately. Subject to special circumstances, Haventree will make the first $100 of a deposit available top you on the next business day, placing the balance on hold so that we may verify that the funds are available in the issuer (or originating) bank account. This period is known as a “Hold Period”. During the Hold Period, we may limit the amount you are allowed to withdraw in accordance with applicable laws, and you may not be able to transfer (EFT or Interac e-Transfer®) or pay bills using funds that are subject to a hold. Funds on hold still earn interest. Weekends and holidays may affect the Hold Period. The length of the Hold Period will vary depending on the amount, currency, and the method used to deposit the cheque (i.e. mobile or ABM). The normal length of time Haventree Bank will hold funds is five (5) business days after the date of deposit but some cheques may be held for up to eight (8) days. The maximum hold periods for encoded Canadian dollar cheques or items drawn on a Canadian financial institution are listed below:
Amount of Deposit | Maximum Hold Period |
$1,500 or less | 5 business days after the day of deposit |
Over $1,500 | 8 business days after the day of deposit |
If we accept a cheque drawn on a financial institution that is outside of Canada, it can be held for up to thirty (30) days. The expiry of the Hold Period means that you can access the entire amount of your deposit, but it does not guarantee that the cheque will not be returned to us. You are responsible for any and all items that you deposit with Haventree Bank, and if a cheque is returned unpaid at any time (for example, due to insufficient funds, a stop payment order or a forged signature) either during or after the expiry of the applicable Hold Period, we may charge the amount of the cheque or item to your Account. If funds on hold are reversed, interest will be recalculated. Exceptions Haventree Bank may withhold access to the first $100 and/or it may extend the maximum Hold Period if:
Haventree Bank has reasonable grounds to believe a deposit is being made for illegal or fraudulent reasons;
Haventree Bank has reasonable grounds to believe there may be illegal or fraudulent activity in relation to the account;
the Haventree Bank Cash Account has been open for less than 90 days;
the cheque being deposited has been endorsed more than once;
the cheque is deposited six (6) months or more after it was dated; and/or,
the cheque is not encoded with magnetic ink character recognition or is not readable by clearing and processing systems (e.g. has damaged or mutilated encoding).
This Hold Funds Policy is subject to the agreements that govern your Everyday Banking Account with Haventree Bank. Should you have any concerns regarding this policy, please contact us.
Haventree Bank GIC Agreement
Introduction
These are your Guaranteed Investment Certificate (“GIC”) terms and conditions (the “GIC Terms”). They apply to each term deposit or GIC investment you make with Haventree Bank (“Haventree”, “we” or “us”) and that we issue or renew. By completing the online application for the purchase of a Haventree GIC and contributing to your Haventree GIC, you agree to be bound by these terms.
Please review this Haventree GIC Agreement and all other related or referenced Documents carefully as they affect your rights and obligations.
Please retain a copy of this GIC Agreement for your records, or you can access your disclosures in your [Haventree Document Centre].
1. Language Consent
The registered owner agrees that the application and all documents relating to the GIC will be issued in English or French. La version française de la Convention est disponible ici: [LINK]. Vous confirmé que suite à la remise de la Convention en français, vous avez expressément demandé de la recevoir ainsi que tous les documents s’y rattachant en anglais. The French version is available here: [LINK]. Having been provided these Terms in French, you confirm that you expressly requested to receive it and any related documents in English.
2. Eligibility
To be eligible to open and invest in an Haventree GIC, you must: (i) be a Canadian resident with a permanent Canadian address; and (ii) meet the age of majority in your province or territory of residence.
3. Purchases
You must have an individual Haventree Bank Everyday Growth account in order to purchase a GIC using the available amount in the Everyday Growth account. You will not be required to use the account for any purpose other than to fund the purchase of the GIC(s). There are no fees or costs to opening the Account. However, the terms and conditions applicable to the Account will apply. Haventree Bank does not accept cheques or cash to directly fund GICs, however you can deposit a cheque or cash into the Everyday Growth Account and thereafter use those funds to purchase a GIC.
Second, with respect to cheque deposits, while I understand that Haventree Bank does not accept cheques directly to fund GIC purchases, it may be clearer to specify that cheques deposited into a Everyday Growth Account must first be fully cleared before the funds can be transferred and used to purchase a GIC. Clarifying this distinction may help avoid any client confusion.
We will provide you with a summary of your GIC investment at the time of purchase to your [Haventree Document Centre]. The summary shows the detail of the GIC, including the principal amount, term, maturity date and rate of interest. If you are investing in a GIC with one or more other persons, the GIC will be considered jointly-held, meaning all persons on the GIC will have signing authority on the GIC and act as an agent for the other(s). Any person will be able to accept interest or withdraw funds, make account changes (as permitted by these Terms) and give us instructions on what to do with the funds without consulting the other(s) person(s) on the GIC.
4. Grace Period
You may cancel your purchase of any GIC in the 24-hour period immediately following your purchase (the “Grace Period”) directly in the Haventree Bank app, however, if the GIC is cancelled, it will not earn any interest. Once the Grace Period has elapsed, you will not be able to redeem your investment without forfeiting accrued and unpaid interest.
5. Interest and Payments:
Interest begins from the day the certificate is issued up to and including the day prior to the maturity date. For GICs greater than a 1-year term, you can select the GIC to payout the interest, “At maturity” or “Annually”. GIC interest will be calculated at the end of each day based on the rate for the GIC term. The GIC principal and interest will be paid out to the account that was used to fund the GIC purchase. You will be able to view the Haventree account in the GIC details view.
Interest that is paid “At maturity” will be compounded and paid out on the maturity date of the GIC to the account that was used to open the GIC.
Interest that is paid “Annually” will be paid out on the first business day of every year for the remainder of the GIC Term to the account that was used to open the GIC.
6. Auto Renewal
You can select autorenew at the time of purchase and any time before the investment reaches the maturity date[KJ3.1][SL3.2] (the day before the GIC reaches maturity would be the last day to enable/disable automatic renewal). You can also choose to opt out of autorenew any time before the GIC matures. If you choose to automatically renew the same Term, the rate will be dependent on the rate the day the GIC is renewed. You will have 15 days from the day of the auto-reinvestment to cancel the GIC. We will provide you with notice of any upcoming renewal.
7. Maturity
Unless otherwise instructed by you, at maturity the principal and accrued interest on your investment will automatically be reinvested for the same term at the then prevailing interest rate. If you have selected to reinvest as part of your maturity instructions to us at the time of purchase, we will send you two (2) notifications electronically to your [Haventree Message Centre]. These notices will be delivered 21 days and 5 days prior to the maturity and reinvestment of your GIC.
Redemptions/payments are made to the registered owner into the account that was used to fund the GIC. If there are two or more registered owners and they are identified as joint tenants with rights of survivorship, Haventree Bank can take instructions from any one of the owners concerning matters in connection with this investment. If the owners are identified as joint tenants in common, Haventree Bank may require instructions authorized by all parties. More information can be found here:
Paid interest or interest that has accrued on investments in excess of 1 year is considered taxable to the registered owner in the year in which it is earned. Haventree Bank will issue a T5 tax receipt for those amounts more than $50.
8. Term Adjustments
Haventree Bank reserves the right to adjust the term requested by one to three days to have the deposit(s) mature on a business day.
9. Death:
In addition to the terms respecting death outlined in our General Account Terms , if we are notified of payment to the estate, accrued interest up to the date of redemption will be paid without penalty. Haventree Bank may accept a Power of Attorney that meets all applicable legal requirements. More information on what you need to know can be found here: LINK
10. Disclosures
You confirm you received our disclosure Documents and agree to be bound by the terms of these Documents including any periodic changes or replacements made by us.
11. Our Service Commitment to you
Haventree Bank is dedicated to engaging with the public and its customers in a just and equitable manner, and we strive to answer enquiries quickly and clearly. We strictly prohibit any coercive behavior that involves undue pressure or otherwise taking advantage of a person. Should you have questions about the terms and conditions of this Agreement, you may contact a GIC Service team member at 1-855-277-0051.
12. Complaints Handling
At Haventree Bank, we are committed to providing the best possible service to all our customers. We understand that sometimes you may have concerns. We want to handle your complaint in the most efficient and professional manner possible. For more information, please visit
13. Personal Information and Privacy
The registered owner authorizes Haventree Bank to disclose any personal information (i) to employees and consultants of Haventree Bank who require the information to assist us in managing your account and (ii) as permitted or required by applicable laws or regulations. Further information regarding our privacy policy can be found here:
14. CDIC Coverage
The instruments and products outlined in this document are deposits eligible for deposit insurance from the CDIC and are subject to maximum coverage limitations and provided they are payable in Canada. More information can be found here:
15. Seniors Code of Conduct
Haventree Bank maintains its Seniors Code of Conduct to help protect our senior clients from financial vulnerabilities and possible abuse, fraud, or scams. For more information, please visit .
16. Modifications to these terms
We may from time to time change the terms and conditions. We will give you a written notice of any changes as required by law. Should you have questions about the terms and conditions of this Agreement, you may contact a GIC Service team member at 1-[855-277-0051].
Mobile and Online Banking Terms of Use
Introduction
These Mobile and Online Banking terms of use (the “Terms”) govern your use of Haventree Bank’s Mobile and Online Banking Services (the “Services”). By using any of our Services, you are agreeing to the most updated version of these Terms.
These Terms become effective as soon as you sign up for our Services and will continue to apply every time you use the Services.
1. Definitions
DEFINITIONS
“Account” means any and all Haventree Bank online accounts;
“Account Agreement” means the applicable Account agreement between you and us;
“Alert Messages” means the automated security alert messages, opt-in and low balance alert messages that we may send to you securely to the Message Center accessible within the Services or by regular email to your primary email address or by text (SMS) message to your mobile phone number;
“Electronic Communication” means any communication by telephone, email, Message Centre, text message, social media, chat, fax, or other method of telecommunication or electronic transmission;
“Electronic Device” means any electronic device that we allow you to use to access our Services (for example, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices);
“Electronic Transactions” means any transaction with respect to an Account, such as deposits and withdrawals (including bill payments), transaction cancellations, and transfers – including Interac e-Transfers®, Electronic Funds Transfers (EFTs) and internal transfers -- as well as any other transactions with respect to an Account that we may permit through our Services;
“Haventree Bank”, the “Bank”, “Bank”, “our”, “we” or “us” mean Haventree Bank;
“Interac e-Transfer® Recipient” means the person who receives a transfer of funds via Interac e-Transfer® for deposit;
“Login credentials” means the email address (registered to your profile) and password you use to log in to our Services, and may include two-factor authentication and/or biometric credential authorization measures we may make available;
“Message Center” means a secure messaging inbox, accessible through Haventree Bank Online or Mobile Banking.;
“Mobile Banking” means the mobile application through which you may sign on to the Services for use through an Electronic Device;
“Online Banking” means the Website through which you may sign on to the Services;
“Services” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices;
“Third Party Service Provider” means a party retained by us to act on our behalf to provide or to assist us in providing our Services;
“Unauthorized Activity” means an Electronic Transaction that was carried out in your Account through mobile or online banking without your permission, authorization, or knowledge, and where it can be established that: (i) you are a victim of fraud, theft or coercion, or (ii) the Electronic Transaction was caused by a failure, error, malfunction or technical problem of our system or equipment;
“Website” means haventreebank.com; and
“You”, “your”, “account holder” and “Client” refers to you as an owner of an Account.
2. Access to Our Services
Our Services, including your Account(s), may be accessed byOnline Banking or Mobile Banking from an electronic device. Our Telephone Client Care Representatives are available to support you seven (7)days a week. A User ID and Password are required to access our Services. Your email address will be used as the User ID.
3. Interac e-Transfer
You can transfer funds online to yourself (to and from another banking institution) and/or another person using an email address or phone number. You are responsible for providing accurate information and ensuring there are sufficient funds to complete the transfer. Further, you must respect the maximum amount and daily transfer limits established by Haventree Bank. Funds will be withdrawn from your account as soon as the transfer is confirmed – funds are held until the recipient has accepted the transfer or until the transfer is cancelled or expired. You can initiate cancellation as long as the transfer has not been accepted by the recipient and the funds have not been deposited into their account. The transfer is subject to automatic cancellation if it is refused or exceeds the 30-day acceptance period.
4. Security
At Haventree Bank, the safeguarding of your information is always top of mind. When registering with us, you will be required to verify your email and phone number. We may also employ additional tools to protect you such as strict password requirements, two-factor authentication, security firewalls and fraud detection, data encryption, device recognition, step-up verification and/or One-Time Passwords (“OTP”).
5. One-Time Passwords ("OTP”)
An OTP is a unique code that is valid for a fixed period of time. It can only be used once. Once you have registered with us, OTPs are sent only to the mobile number as registered in your profile. You must register a Canadian mobile number to receive an OTP. On occasion, we may send you an OTP in order to complete the login process or certain Electronic Transactions. The OTP will expire after a set period of time.
Using a new device to access your Account(s), processing large Electronic Transactions, changing your personal information, resetting your Password, or adding an Interac e-Transfer® recipient are a few examples of actions that may prompt the use of the OTP.
6. Alerts
Alerts may be sent securely to the Message Centre accessible through our Mobile or Online Banking applications, by regular email to your email address, by text message to your mobile phone number, or by a push notification sent to a mobile device. You understand that messages exchanged with us may be subject to standard data and text messaging fees charged by your mobile service provider.
Alerts may be sent automatically when particular changes to your Account(s) are made, such as:
Your password has been changed
Your physical address or email address has changed
The balance of your Account falls below $100 in the currency of your Account(s), or other amount specified by you
Alerts are a key part of Mobile Banking and Online Banking, you cannot opt-out of receiving certain Alerts. In these cases, you consent to the delivery of Alerts by the method chosen by us, including email or text message, to the email address or phone number you have provided.
You may choose to receive opt-in Alerts regarding other Account or banking activity, which Alerts will be delivered by email or text message. Occasionally we may add new Alerts without prior notice to you or may discontinue existing Alerts by providing notice 30 days prior to deactivation.
You are responsible for keeping your mobile phone number up to date with us.
7. Electronic Communications
You agree to receive electronically through our Mobile Banking and Online Banking services any documents or communications related to your Accounts. These documents will be provided to you as and when we make them available electronically.
You may receive the following electronically:
Account notices and statements
Account agreements
We will notify you by email when we receive a new statement or document. You are responsible for safeguarding the documents and updating your contact information. The documents are available through our Online Banking services.
8. Communications via Mail
At the discretion of Haventree Bank, and when provided for by law, you may choose to receive certain documents by mail. You may view your preferences via our Mobile Banking and Online Banking services. Additional charges may apply for documents sent via mail.
9. Liability of Haventree Bank
Haventree Bank will only be liable to you for direct damages resulting from any fraud, gross negligence or willful misconduct on the part of Haventree Bank arising directly from the performance of Haventree Bank and its responsibilities under its agreement with you.
Haventree Bank will not be responsible for any direct, indirect, special, punitive or consequential damages however caused, arising out of your use of the Services, including damages resulting from or related to the installation, use, or maintenance of personal computer, equipment, software, or if there is a reduced level or failure to provide any service caused by any Third Party Service Provider that we may make available such as any communication networks. Haventree Bank shall not be liable for any third-party claims or losses of any nature, including lost profits, punitive or consequential damages.
Haventree Bank will not be accountable for any loss or damages you may suffer if you fail to protect your login credentials, your mobile device, your personal information, and/or if you fail to disable Alerts or other notices sent to your mobile device from us.
We are not responsible and will not reimburse you for losses to your Account(s) if:
You do not comply with any of your security obligations, or you do not comply with any instructions we may provide to you in connection with Mobile Banking and Online Banking;
You engage in any fraudulent, criminal, or dishonest acts;
You access Mobile Banking or Online Banking via an Electronic Device that you know or reasonably should know contains software that has the ability to compromise your login credentials;
You access Mobile Banking or Online Banking via an unsecure connection;
You carry out an Electronic Transaction, including if the Electronic Transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us; or
You consent to, contribute to or authorize an Electronic Transaction in any way.
10. System Accessibility and Accuracy of Information
Although we do our best to ensure that our Services are always accessible and contain accurate and up to date information, we are providing them without warranty of any kind, either express or implied. We cannot ensure our Services will always be available, access will never be uninterrupted, there will never be delays, failures, errors, or loss of transmitted information, the software we use will be compatible with your system, no viruses or other contaminating or destructive properties will be transmitted, or no damage will occur to your own computer system.
Due to the digital nature of our Services, and for data protection and security purposes, we may require system updates to your Electronic Device to maintain their compatibility with our software. You may be unable to use our Services or Website without these periodic updates.
We reserve the right to change the information, material and content found in the pages of the Website, at any time, and without prior notice. You agree to review these terms periodically, and your continued use of the Services will tell us that you have agreed to the changes.
YOUR RIGHTS AND OBLIGATIONS
11. Security Obligations
You are responsible for the safekeeping of your login credentials. This includes but is not limited to:
memorizing your password;
avoiding a password which may be easy for someone to guess or which is directly associated with you;
taking the steps necessary to safeguard your email, devices, and password, including exercising caution when keying in or speaking at a telephone or Electronic Device;
protecting yourself from phishing by not responding to pop-ups, emails or other electronic requests that ask you to reveal personal information about yourself or your Haventree Bank accounts, and by not clicking on links in or replying to emails that seem suspicious; and
not sharing your password with others.
You must notify us by telephone immediately if:
your login credentials were disclosed to, or obtained by, anyone else or may be known by anyone else;
that Unauthorized Activity of our Services may be occurring or has occurred; or
the loss, theft, or misuse of a mobile device that you registered with us for the Services
GENERAL TERMS OF USE
12. Changes to these Terms
We may change these Terms at any time, without prior notice unless advance notice is required by law. When changes are made, notice of the change will be posted on the Message Centre or on the Website. We may also send you an email about the notice to the email address associated with your Account(s). Your use of our Services after we post the notice means that you agree to and accept this Agreement as amended. If you do not agree to a change in this Agreement, you must notify us and immediately stop using the Services.
13. Changes to the Services
You acknowledge that we can add, remove, or change any part or feature of the Services, including Mobile Banking, Online Banking and the Website, without giving prior notice to you.
14. Termination
You may suspend our Mobile Banking and Online Banking services at any time by contacting us.
We may terminate your Account or withdraw your access to Mobile Banking or Online Banking at our sole discretion at any time and for any reason whatsoever, without notice to you.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the province or territory in which you reside, and by the laws of Canada applicable therein. You agree to submit to and be bound by those laws and the courts of that jurisdiction.
16. Acceptable Use
Our Services shall not be used in any way that is or may reasonably be considered to be, generally abusive, illegal, immoral, unethical, defamatory, profane, obscene, pornographic, libelous, hateful, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual. Our Services shall also not be used in any way that: (i) jeopardizes the confidentiality, integrity, or availability of our technology, information resources, or intellectual property, or (ii) comprises our tangible or intangible assets, including our name, reputation, or trademarks. Behaviour that would be considered a criminal offence, that would give rise to civil liability, or that would otherwise violate any law or regulation is strictly prohibited.
Haventree Bank and all parties involved in creating, producing or delivering our Services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.
17. Language
For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.
18. Conflict of Terms
If there is any conflict or inconsistency between this Agreement and your Account Agreement, the Account Agreement shall prevail and the parties shall take any necessary steps to conform the inconsistent terms to the terms of the Account Agreement.
19. Trademarks and Copyrights
Product names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Website or within our Mobile Banking and Online Banking applications may represent trade names, trademarks or service marks of Haventree Bank registered in Canada. The display of trademarks on the Website or on other Services does not suggest that a license has been granted unless specified otherwise by us.
All information found in the pages of the Website or within our Mobile Banking and Online Banking are protected under the copyright laws of Canada and in other countries. Unless otherwise specified by us, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of the Website or within our Mobile Banking and Online Banking.
Haventree Bank is a trade name of Haventree Bank.
Interac e-Transfer® is a trademark of Interac Corp., used under license.
Privacy Statement
Our commitment to privacy
Haventree Bank (“we”, “us”, or “Haventree Bank”) is committed to maintaining the accuracy, confidentiality, and security of your personal information. We value the trust you have placed in us and wish to provide assurance that nothing is more important to us than the security and appropriate use of your personal information.
This Privacy Statement (the “Statement”) is designed to inform you of the policies and practices we have put in place to manage your personal information as well as the rights you have with regard to the protection of your personal information. We encourage you to read this Statement so that you can better understand how we collect, use, disclose, and protect your personal information and how you can exercise your rights.
Accountability
We have appointed a Chief Privacy Officer to oversee compliance with our privacy obligations and commitments. You may contact our Chief Privacy Officer, using any of the methods below, with any questions about our policies and practices with respect your personal information:
Haventree Bank – Chief Privacy Officer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mailing Address | Haventree bank Attn. Chief Privacy Officer PO Box 1160, STN TD, Toronto, ON M5K 1P2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
If you have any concerns about the handling of your personal information, you may follow the procedures outlined on our website to make a compliant - Complaints Handling | Haventree Bank.
You may also contact the relevant regulatory authority, e.g., the Office of the Privacy Commissioner of Canada if you have concerns about our adherence to applicable privacy legislation or the principles set out in this Statement.
What is personal information?
Personal information is any information relating to a natural person, including prospective, existing and former clients, business partners, and employees, which allows that person to be identified, either directly or indirectly.
Personal information does not include business contact information such as name, title or business address or business telephone number of an employee, broker, other contracted distributor or an organization used for communicating with the individual in relation to their employment or business.
Examples of personal information include:
Individual name, date of birth/age, mailing or residential address, phone number, email address, occupation, and marital status;
Education and employment information, tax forms, health & safety records;
Credit bureau information, Social Insurance Number, bank statements, void cheques and balances, assets and liabilities, income/compensation;
Biometric information (e.g., voice recording, fingerprints, facial images, signature, etc.);
Health information including disability;
Other personal information (e.g., click activity, apps used, etc.), dietary preferences religious beliefs, race or ethnicity, political affiliations, sexual orientation;
Partial IP address, device location, browser activity (for details, please see the section on Cookies, below).
Obtaining your consent
We only use your information with your consent or as authorized by law. When obtaining consent for the collection, use, or disclosure of your personal information, we will clearly indicate which information is required (i.e., necessary for the provision of a product/service) and which information is optional. In either case, we will provide you with enough information to enable you to give informed consent to the collection, use, or disclosure, as required by law. Specifically, we will obtain your consent when:
you request a new product or service
you apply for employment with Haventree Bank
we need to use your information for another purpose than the ones for which you have already provided your consent
However, we do not obtain consent for every interaction with you. For example, if you have a mortgage with us, we may automatically consider that you consent to be contacted for a renewal. In addition, we do not obtain your consent in some situations provided by law, in order to:
comply with a court order or other enforcement request
to collect a debt
investigate a breach or contract or law
prevent, stop or detect fraud
How we collect your personal information
Haventree Bank will not collect personal information unless it is necessary to fulfill the purposes set out in this Statement. See “How We Use Your Personal Information” below and “How We Transfer and Disclose Your Personal Information” for a full list of purposes of use and categories of third parties to whom we disclose personal information. Personal information is collected primarily through our website and digital application form(s), cookies, third party brokers and credit bureaus when you perform one of the following actions:
Apply for a Haventree Bank product or service;
Apply for a job with Haventree Bank;
Respond to electronic surveys sent by or on behalf of Haventree Bank;
Speak with our representatives;
Use our mobile application; and/or,
Visit our website.
In some circumstances, we collect your personal information from third parties, namely when:
Communicating with a broker or third party acting on your behalf;
Obtaining credit history information from credit bureau reports; and
Reviewing publicly available sources or records;
Collecting supporting documentation during the underwriting process (e.g., where your personal information is listed on separation agreements or wills); and
Validating your income and/or employment history by contacting previous and/or current employers.
If you are applying for a mortgage with us, we may need to request information about spouses, common law partners or dependents, authorized users of your account(s), intermediaries, or other parties as required by law or regulation. Likewise, if you apply for a Cash Account with us or GIC, we may request the name of your beneficiary. If you provide us with information about another individual, we will assume you have the authority to provide this information and have obtained their consent to its collection, use, and disclosure for the purposes set out in our Privacy Statement. Personal information about you is also generated by Haventree Bank in setting up and servicing your account(s). For Haventree Bank employees, personal information is also generated in the form of performance reviews and cybersecurity risk assessments.
The personal information we collect
The personal information we collect about you is summarized below, separated by relevant personas.
Mobile Application Users without Log-in Site Visitors without Log-in | We collect only aggregated information (above a visitor threshold) that does not allow us to identify individual visitors, namely: Mobile device information IP address Session statistics Approximate geolocation Client ID to identify recurring users Interests Age range Gender IP Address No information is gathered about other third-party sites the visitor has accessed. |
Site Visitors with Log-in | Email, name and contact information -in credential (passwords are hashed) Haventree Bank sites and pages visited and time spent No information is gathered about other third-party sites the visitor has accessed. |
Email Recipients | IP Address Location data Links clicked Time email was opened |
Potential Borrowers and Accountholders | Name Contact information Government identification, including SIN, if provided Date of birth Signature Credit and financial information Banking information Employment history, including income and contact information Marital status Assets and liabilities, including investment details Tax information Voice recordings Business name, business address, business telephone number, business email address, name(s) of owner(s), officer(s) and director(s); industry type and financial status (for business clients) |
Borrowers | Same as ‘Potential Borrowers’ Information related to the mortgage over time Credit score development |
Accountholders | Same as ‘Borrowers’ Social Insurance Number |
Donors – Down Payment | Name Contact information Date of birth Signature Occupation |
GIC Client Name Depositors | Name Contact information Government identification, including SIN Date of birth Signature Banking information Employment information Identification information from credit report, if applicable Business name, business address, business telephone number, business email address Whether citizen for tax purposes of another country In case of early redemption requests, where applicable, medical information, death certificates, and last wills |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | Name Contact information Government identification Employment information Credit and financial information Signature Date of birth Tax information (for trust beneficiaries) Banking information, as needed Identification information from credit report, if applicable |
Third Parties to Client Accounts (including Power of Attorneys) | Name Where applicable: Contact information Date of birth Employment information SIN Insurance and inheritance information Banking information Identification information from credit report Whether citizen for tax purposes of another country Signature |
Mortgage Brokers | Same as ‘Email Recipients’ Deals performed and commission earned Signature Voice recordings |
Deposit Brokers, Signors of Proof of Employment Letters, and Representatives of Third-Party Vendors | Name Contact Information Signature |
Job Applicants | Name Contact information Employment history Education Information Work permission Cognitive and behavioral assessment Results of background checks, if applicable References Signature |
Employees | Same as ‘Job Applicants’, and Work performance information Salary and tax information Inclusion and Equity information (optional) Medical notes Banking information Results of background checks Voice recordings Images captured by our CCTV cameras around the office |
Independent Contractors | Name Contact information Signature Banking information GST/HST Number Work permission Results of background checks. |
When you open an account that generates interest income, such as a Haventree Cash Account or GIC, you are required to provide your Social Insurance Number for tax purposes. You are not required to provide your Social Insurance Number for other types of accounts such as a mortgage. We will also collect information regarding your reason for doing business with us and your language and communication preferences. IMPORTANT: We limit the collection of your information to what is necessary to help us serve you properly.
How we use your personal information
Based on your relationship with Haventree Bank, your personal information may be used for the purposes outlined below. Before using your personal information for any optional purposes, we will seek your express and informed consent. For more information about how consent is obtained, see “Obtaining Your Consent” above.
Personas | Necessary purposes | Optional Purposes |
|---|---|---|
Mobile Application Users | Provide access to our mortgage and deposit services | N/A |
Site Visitors with Log-in | N/A | Determine which content is interesting to our audience and whether navigating our website is intuitive and easy. |
Site Visitors with Log-in | Provide access to our broker/borrower portals. | Determine which content is interesting to our brokers/borrowers and whether navigating our website and portals is intuitive and easy. |
Email Recipients | N/A | Personalized marketing. |
Potential Borrowers | Assess eligibility for our products and services. | N/A |
Borrowers | Verify your identity and validate the accuracy of the information collected on you; . Assess your financial situation and creditworthiness; · Communicate with you to provide you with information related to the products and services you hold with us, or to collect on a debt owed to us; · Perform data analysis to help us determine your interest rate, eligibility for a mortgage renewal, a refinancing, or for other products and services, and to improve our products; · Prevent and detect fraud, as well as unauthorized or illegal activities (money laundering, cyber threats), etc.; · Manage risk, including credit and business risks and comply with legal requirements, such as “know-your-client” obligations and anti-money-laundering requirements; · Fulfil tax and financial reporting obligations; and · Exercise our rights under this Mortgage Commitment, for example, the right to transfer, sell, and assign the Mortgage. | · Personalized marketing; · Transfer to original broker for renewal purposes; and · Enrollment in optional products/services. |
Donors – Down Payment | · Confirm that the donated funds are a genuine gift; and · Comply with legal requirements, such as “know-your-client” obligations and anti-money-laundering requirements. | N/A |
GIC Client Name Depositors | · Verify your identity and validate the information collected on you; · Assess eligibility for early redemption, where applicable; · Prevent and detect fraud against you and assess and manage other risks; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations. | N/A |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | · Verify your identity and validate the information collected on you; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations. | N/A |
Third Parties to Client Accounts (Including Power of Attorneys) | · Verify your identity and validate the information collected on you; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations; · Verify investment accounts bearing your name; and · Issue payments, if so instructed. | N/A |
Mortgage Brokers | Administer the broker relationship. | · Personalized marketing; and · Enrollment into our Loyalty Program. |
Deposit Brokers | Administer the broker relationship. | Personalized marketing. |
Job Applicants | · Assess suitability for employment; and · Make automated decision about you; and · Verify the information provided to us during the application process. | N/A |
Employees | · Administer the employment relationship; · Administration of business travel, where applicable; and · Meet reporting and tax obligations. | Enrollment in health, dental, and other group benefits programs. |
Independent Contractors | · Administer the contract relationship; · Administration of business travel, where applicable; and · Meet reporting and tax obligations. | N/A |
Signors of Proof of Employment Letters | Verify a potential borrower’s employment. | N/A |
Representatives of Third-Party Vendors | Administer the third-party vendor relationship. | N/A |
How we transfer and disclose your personal information
HTB Employees
Your personal information will be accessed by Haventree Bank’s employees and consultants who have a legitimate business purpose for using it.
For example, we may disclose limited employment-related information (such as confirmation of employment status) to third-party service providers like benefits and/or insurance brokers, insurers, sponsors or program administrators for the purpose of validating eligibility for benefits, programs, or services.
Unauthorized access, use, and disclosure of information by an employee or consultant is strictly prohibited. All employees and consultants are required to maintain the confidentiality of personal information at all times.
Fraud Prevention and Verification
To detect fraud and protect you and Haventree Bank against fraud and unauthorized access or activity, we may research and verify the phone number, email address, or other contact information you provide to us. This verification may include consulting third-party databases and fraud prevention services and public records.
Service Providers and Third Parties
In order to fulfil some of the necessary purposes outlined in the section above, we transfer or disclose your personal information to other parties including select service providers for legitimate purposes. For example, your personal information may be required by law, to respond to valid and authorized information requests from domestic and international authorities, necessary to protect your interests in the event of fraud. At all times, we are committed to limiting the information to what is necessary and obtain your consent before disclosure, where required.
Service Providers are thoroughly vetted through privacy impact assessments and are committed to protecting your personal information to the same standards that we do. They are required to sign a confidentiality agreement with Haventree Bank and agree to use your information only for the purposes stated in the agreement.
Several of our service providers arrangements require that your personal information be transferred and stored outside of your province of residence. In such instances, an assessment of the relevant jurisdiction will be conducted and appropriate measures will be taken to ensure that your personal information will be held to the same standards as the province you reside in.
Select the options from the menu below to learn more about the categories of service providers to whom we may transfer your personal information, and for what purpose.
Site Visitors
Categories of Service Providers | Description of Service/Purpose of Disclosure |
|---|---|
Data analysis services | Assists us in extracting, validating, and analyzing data to improve our website content and experience. |
E-signature services | Cloud-based e-signature services that allow us to replace paper and ink signature processes with fully automated electronic signature. |
Name screening services | Allows us to comply with “know-your-client” regulatory requirements. |
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Gateways to underwriting system | Assists us in ingesting mortgage deals into our underwriting system. |
Loan originations and title insurance services | Enables us to obtain property and title information, including property valuation appraisals, for collateral pledging on our behalf as well as provide life/hazard/title insurance for loan underwriting purposes. |
Infrastructure as a Service | Provides data storage and transmission services to Haventree Bank. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Credit Bureaus | Provides credit reports on our clients for the purpose of assessing their financial suitability for a loan. Haventree Bank also provides mortgage loan information pertaining to the client to the credit reporting agency. |
Software as a Service | Assists us in income verification and total debt service ratio calculation. Facilitates the exchange of documents and communications with brokers during the underwriting process. Provides customer relationship management, customer onboarding, account opening, loan origination, deposit accounts, workflow, credit analysis, enterprise content management, and instant reporting capabilities. |
Location Intelligence providers | Assists us with our analytics based on property location data and loan type. |
Employers in relation to this application | To obtain information to support the mortgage application. |
Data analysis and verification services | Assists us in extracting, validating, and analyzing data from business income statements to make the data more digestible for underwriting. |
Payment services | Transmits loan funding to the lawyer of the seller of real estate properties and handles mortgage enforcement proceedings. |
Postal and shipping services | Enables us to mail documents related to our products and services to clients. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, and consultants | Represents Haventree Bank in relation to our loan contracts; handles mortgage enforcement proceedings. |
Funding service providers | Allows us to instruct solicitors, review documents, and release funds. |
Property identification number (PIN) monitoring and verification services | Provides monitoring and verification of PINs and daily reports. |
Property tax servicing | Manages property tax servicing functions, and assumes full responsibility for timely payment of municipal property taxes on behalf of Haventree Bank and the borrower. |
Other financial institutions | Remittance processing or to verify information such as your identity and income. |
Audio and phone services | Provides customer service voice recordings, sentiment analysis, and phone call management. |
Title custodians | Provides loan securitization services. |
Customer service skills training | Assists in training Haventree Bank staff to improve phone and email customer service skills. |
Broker Loyalty Program | Administers the loyalty program for mortgage brokers based on their deals with Haventree Bank. |
Property Management services | Manages properties that we have possession of and completes occupancy checks. |
Legal actions platform | Allows for communication and document sharing with law firms across Canada, hosted by a third-party vendor. |
Foreclosure and sale assistance services | Assists with the sale of properties Haventree Bank has taken possession of as the result of a default. |
Risk assessment services | Performs data analytics and data mining. |
Originating brokerage, where applicable | Represents the borrower(s) post-funding of the mortgage. |
Insurers (mortgage and others) | Provides insurance services. |
Auditors and Rating and collection agencies | To satisfy our financial and regulatory requirements. |
Regulators and their agents, Governmental authorities having jurisdiction over any sale or securitization of, or trade of interest in, the Mortgage or loan pool in which the Mortgage forms a part, and the Canadian Revenue Agency | To comply with regulatory obligations. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, consultants, and appraisers | To satisfy our legal and regulatory requirements. |
Any subsequent or proposed purchaser of the mortgage and/or their third-party advisors | For securitization and whole loan sales. |
Anyone to whom Haventree Bank transfers, sells, or assigns its rights | To exercise our rights under the Commitment Letter. |
Other mortgage providers that have a financial relationship with the Bank involving this mortgage financing | To obtain alternative funding for the mortgage. |
Donors – Down Payment
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | To comply with “know-your-client” regulatory requirements. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Client Name Depositors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Name screening services | To comply with “know-your-client” regulatory requirements. |
Tax slip printing and shipping service | Prints and mails T5 tax slips. |
End-to-end GIC administration platforms | Provides end-to-end GIC administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Infrastructure as a Service | Provides data storage and transmission services to Haventree Bank. |
Auditors | To comply with regulatory obligations. |
Regulators and their agents | To satisfy our legal and regulatory obligations. |
Canadian Revenue Agency | To comply with tax obligations. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, and consultants | To comply with regulatory, legal, and financial obligations. |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Third Parties to Client Accounts (including Power of Attorneys)
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Mortgage Brokers
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Loyalty Program | Provides additional incentives to brokers to bring deals to Haventree Bank |
Employees and Job Applicants
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Accountants | Prepares the Bank’s tax returns. |
Canada Revenue Agency | To comply with tax obligations. |
Payroll and Human Resources Information System | Assists with salary payment, management of time-off requests, and other employment-related administrative matters. |
Health & Wellness Spending Account | Provides health and wellness benefits. |
Benefits and Group RSP | Provides benefits, including RSP contributions. |
Virtual Doctor and mental health support | Provides medical services to employees. |
Salary survey services | Provides salary information as part of the onboarding process. |
Background check service provider | Conducts background checks on applicants as part of the onboarding process. |
Travel agency | Facilitates the planning and booking of business travel as well as payment of travel expenses. |
Cybersecurity risk assessment services | Gathers behavioral information relating to cybersecurity threats and compose a risk score. |
Document management and storage systems | Manages and stores employment-related documents. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
End-to-end loan administration platforms | Collects and analyses telephone interactions with borrowers and brokers to produce statistics. |
Independent Contractors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Background check service provider | Conducts background checks on independent contractors as part of the onboarding process. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
How we protect your personal information
We maintain physical, technical, and procedural safeguards that are appropriate to the sensitivity of your personal information. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification, or disclosure. We take every necessary step to ensure the protection of your personal information, including:
Shredding of documents containing personal information;
Providing regular training to our staff on the importance of protecting the confidentiality of your information;
Physical security measures – restricted access to facilities and locked filing cabinets;
Electronic security measures for computerized personal information – password protection, database encryption, personal identification numbers;
Organizational processes and procedures including limiting access to your personal information to individuals on a need-to-know basis;
Destroying, anonymizing, erasing, or masking your information in accordance with our records retention policy and applicable privacy laws; and
Ensuring that third parties who are given access to your personal information protect and secure your personal information in a similar manner.
Despite our efforts to protect your personal information, there may be inherent consequences of its collection, use, or disclosure. Such consequences may include exposure to possible threat actors, increased likelihood of being involved in a privacy breach incident, and decreased confidentiality. For more information on how we protect your personal information, please contact our Chief Privacy Officer.
Retention of sensitive personal information
Any personal information (see definition in “What is Personal Information” above) that poses a higher risk of harm to the individual concerned when collected, used, disclosed, or transferred is considered sensitive personal information. Examples include financial information, medical records, government ID, information pertaining to minors, and information relating to equity and inclusion (racial origins, political opinions, genetic and biometric data, an individual’s sex life or sexual orientation, and religious/philosophical beliefs).
We retain your information, in physical or digital format, for as long as necessary to fulfill the purposes for which the information was collected or as long as is required or permitted by law. The purpose, nature, and sensitivity of the information is considered in determining retention periods. The chart below indicates the retention period for sensitive personal information after your relationship with us has ended. Exceptions may apply, requiring longer retention periods, for example in the case of disputes or claims.
Your Relationship to the Bank | Retention Period for Sensitive Personal Information |
|---|---|
All clients | Seven years |
Potential clients (where your application has been denied, cancelled, or voided) | Two years |
Donors – Down Payment | Seven years |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | Seven years |
Third Parties to Client Name Deposits (including Power of Attorney) | Seven years |
Brokers and Representatives of Third-Party Vendors | Three years |
Signors of Proof of Employment Letters | Seven years |
Employees and Independent Contractors | Seven years (Payroll information) Three years (Other records) |
Job Applicants | Six months |
Voice recordings are retained for two years after the recording. If the recording is part of a customer complaint, we retain the recording for 7 years after the complaint has been resolved.
Automated decision-making
When we make an automated decision, prediction, or recommendation on the basis of your personal information, we will inform you about this fact no later than the time that we communicate this decision to you. Upon your request, we will inform you of the personal information, reasons, principal factors, and parameters that led to the decision, and of your right to have the personal information that was used to render the decision corrected. You will also have the opportunity to submit observations to an employee at Haventree Bank who can review the decision.
Individual rights
Depending on where you reside, you may have one or more of the following rights relating to your personal information. Some of these rights will be subject to specific requirements or limitations under applicable law, such as the requirement to submit your request in writing. To exercise any of your rights, please contact our Chief Privacy Officer.
Right to Withdraw Consent
You may withdraw or amend your consent to the collection, use, or disclosure of your personal information, at any time, subject to legal or contractual restrictions and reasonable notice. Depending on the circumstances, a withdrawal or amendment to your consent may prevent us from providing you, or continuing to provide you, with our services, business, or employment. Withdrawing your consent to the collection of your personal information for optional purposes (see “How We Use Your Personal Information” above) will not have an adverse effect on the core services we provide you with, e.g., your mortgage, deposit, or employment. However, your withdrawal may affect your enjoyment of the optional service we provide.
Right of Access, Rectification, or Deletion
You may request access to any of your personal information we hold. You may also request the rectification of any inaccurate or incomplete information related to you and/or the deletion of your personal information that is obsolete or not justified. For employees and job applicants, please direct your request to the Chief Human Resources Officer at TLC@haventreebank.com. For all other individuals, please direct your request to the Chief Privacy Officer at privacyofficer@haventreebank.com.
We consult credit reports indicating the solvency of prospective and current borrowers which are prepared by either Equifax or TransUnion. You have the right of access and rectification in relation to the personal information held by Equifax and TransUnion about you.
You can access and, where necessary, request to rectify the personal information contained in the credit reports. You can access your credit report by visiting the Equifax Canada or the TransUnion Canada website.
If your report contains inaccurate information, you can submit a dispute to Equifax and TransUnion. Click on these links for more information.
Information about our Website
We may invite you to contact us, request information, or complete a registration form on our Website. In these cases, we request contact and other related information. If you choose to provide this information, we will only use it to contact you as requested, to register you for access to certain sections of our website, or for specified events.
Event Forwarding via APIs: Our website tracks conversion events that we use for our reporting and optimization (website and marketing campaigns). We transfer information about the events to our 3rd party partners using secure Application Programming Interface (“API”) connections. Along with those events, we also provide hashed personal information, using the via Secure Hash Algorithm SHA-256.
The purpose of event forwarding is to match members of our audience that initiated an event with us to members of audiences that viewed a Haventree advertizement. Our marketing partners use that data for reporting and optimizing advertising. You can opt-out from participation in Event Forwarding by updating your cookie preferences as described below.
Cookies: Our website uses a technology called “cookies”. These cookies are generally a mix of first and third-party, session, and persistent 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 and your session history when you return as well as provide you with a consistent and efficient experience. You may set your web browser to notify you when you receive a cookie. 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. Cookies cannot view or retrieve data from other cookies, or capture files or information stored on your computer. Only the website that sends you cookies is able to read them.
There are, however, cookies that we place without an opt-out being possible, namely essential cookies. Essential cookies are all the cookies without which our website could not perform basic functions. They may be set automatically when pages load, or as a result of a user request that cannot be fulfilled without the use of the cookie. On the other hand, for functionality and analytics cookies to be placed on your device, your active opt-in is required. Your choice not to accept these cookies will not prohibit your use of Haventree Bank’s website.
Functionality cookies support site functionality that is visible or advantageous to the user or their experience of the site. This includes elements of persistent personalization (remembered on subsequent visits), and enhanced functionality like web chat services, surveys, commenting and rating systems, and user preferences. They are generally a mix of first and third party, session and persistent cookies.
Analytics cookies are used to better understand your interactions, improve our services, tailor our content, and personalize your experience. These cookies do not collect information that identifies you as a visitor. They collect information about how visitors use our website, for instance which pages visitors go to most often, and if they get error messages from web pages. All information these cookies collect is aggregated. We even partially mask your IP address, so no identification is possible.
All our cookies expire by default after 6 months, after which time we will ask you to confirm your choices again.
Tracer Tags & Web Beacons: Some areas of the www.haventreebank.com website may also use “web beacon” technologies. Web beacons work in conjunction with cookies and let us know what portions of our site are of interest to our visitors to help us provide you with tailored information from our website. If you turn off cookies, web beacon technologies will still detect anonymous visits, but the notices they generate cannot be associated with other information that is collected and are disregarded.
Third-party links: Our website may contain links to other sites that Haventree Bank does not own or operate. Also, links to our website may be featured on third-party websites on which we advertise. Except as described in this Privacy Statement, 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.
Customer Testimonials/Case Studies/Reviews: We post customer testimonials/comments/reviews on our website, which may contain information about the customer. We obtain each customer’s consent via email prior to posting the customer's name and testimonial.
Legal disclaimers
From time to time, Haventree Bank may make changes to our Privacy Statement to reflect changes in our legal or regulatory obligations, or in the manner in which we deal with your personal information. Any changes that affect your rights will be communicated to you via this Statement and posted on our website. We encourage you to refer to it on a regular basis.
This Privacy Statement does not create or confer upon any individual any rights, or impose upon Haventree Bank any obligations outside of, or in addition to, any obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this disclosure and Canada’s privacy laws, this Statement shall be interpreted, in respect of that case, to give effect to, and comply with, such laws.
Remote Cheque Deposit Terms
1. Cheques
Through Haventree Bank (“Haventree”, “we”, “us”)’s Mobile Banking App, you can deposit cheques to your Haventree Bank Everyday Growth Account without sending in the physical cheque. You will be prompted to take a picture of the front and back of the cheque with your smartphone and upload the image using our Mobile Banking app.
To use Remote Cheque Deposit you need to first download our Mobile Banking App, which is available through our website, the Google PlayStore or the Apple Store onto your mobile device. We are not responsible for any third party hardware or software or expenses you may incur to use Remote Cheque Deposit. Any such hardware or software is accepted by you as is and is subject to the terms and conditions of use you enter into directly with the third party provider at time of download and/or installation.
You acknowledge and agree that when you create an image using Remote Cheque Deposit, you are acting as our agent for the purpose of creating the image, and that any image that you create in this way will be treated for legal purposes just as if we had created the image itself. We appoint you as our agent to act on our behalf in the creation and transmission of images to us. You may not further delegate the role as agent.
2. Eligibility
Only paper cheques that are made payable solely to you can be deposited. Items payable jointly or payable to someone else and endorsed to you are not accepted. Each cheque must be in the standard format approved by Payments Canada. The date, drawee institution, payee, amount in words and figures, signature of the Payor and magnetic ink character recognition information must be clearly legible.
Each image captured through Remote Cheque Deposit must be a picture of the original paper cheque, front and back, and not of a photocopy, PDF or printout.
Cheques must not be post-dated or dated more than six (6) months prior to the date of deposit.
Any cheque used in a request to link an external account must be drawn on a personal deposit account from a Canadian financial institution and payable in Canadian dollars.
Cheques must not be drawn from a credit card or line of credit.
The cheque must not have already been deposited by any other means.
Haventree Bank reserves the right to reject a cheque for deposit if it or the image does not meet any of the above requirements.
3. Duplicate Deposits
After you have deposited a cheque through Remote Cheque Deposit, you must not deposit or attempt to deposit (either physically or electronically) or cash the same cheque anywhere else. The same cheque may not be deposited through any other remote cheque deposit service or transferred to any other person or company. You must also not use Remote Cheque Deposit to deposit or attempt to deposit any cheque that you have already deposited remotely using any other remote cheque deposit service. You will be liable for any returned cheque charges if you breach any of these provisions (whether intentionally or inadvertently) and as a result a cheque is returned to us. These charges may be debited from any of your accounts with us.
4. Modification
You may not modify, alter or cover up anything on either the front or back of a cheque to be submitted for remote deposit using Remote Cheque Deposit.
5. Destruction of Paper Cheque
After you have deposited a cheque remotely using Remote Cheque Deposit, do not send us the paper cheque. You must keep the paper cheque in a safe and secure place for at least fourteen (14) days or until such time as we confirm the deposit is complete and validated, after which you must permanently destroy it. You agree to follow any other procedure and instructions for use of Remote Cheque Deposit as we may establish from time to time.
6. Representations and Warranties
With each use of the Remote Cheque Deposit feature, you are deemed to give us the following representations and warranties:
you will only transmit items that meet the eligibility criteria at paragraph 2 above;
each image is an accurate image of an original paper cheque and not of a photocopy, PDF, or printout of an electronic copy, or alternation of the original;
the cheque has not been defaced or altered physically, electronically or in any other way, including but not limited to raising the amount or changing the payee;
you have not already deposited or attempted to deposit or cash the cheque anywhere else or by any other means;
you will not re-deposit or re-present the original item; and
you have not created any images or copies of the cheque other than the image submitted through remote cheque deposit or if you have done so, you have deleted or destroyed the other image or copy.
7. Availability of Funds/Limits
The day we receive the image through Remote Cheque Deposit will be deemed the day of deposit. Funds will be credited to your account immediately upon receipt of the image. Any paper cheque will be deemed deposited the day after we receive it. Availability and access to funds will be subject to our Hold Policy.
We may establish limits on the dollar amount of items, number of items which can be deposited and/or the maximum balance held per customer. These limits may change from time to time without prior notice to you. If you attempt a transaction that is in excess of these limits, we may reject the transaction. Please refer to our [LIMITS PAGE] for more information.
Deposits made after 4:59 pm Eastern Time will have a transaction date of the next day and will be processed on the next day.
8. Errors in Transmission
By using Remote Cheque Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. You acknowledge we have no liability to you or others for any such intercepted or misdirected item or information disclosed through such errors.
9. Indemnification
You agree to defend, indemnify and hold Haventree Bank harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees and disbursements, related to any violation of these Terms of Use by you or users of your account, as a result of your use of Remote Cheque Deposit or in connection with the use of the Sites, Content, User Content or the placement or transmission of any information or other materials on the Sites by you or users of your account. You understand and acknowledge that the availability of the Internet and telecommunications networks is inherently unpredictable and may be affected by routine maintenance, equipment malfunctions, systems overload, software defects, power failures, weather-related events, natural disasters, cyberattacks, or other causes beyond our reasonable control. You acknowledge that we will not be liable for any losses or liabilities that you may suffer as a result of your use of these features, including if the feature is not available for any reason.
10. Termination
We may terminate your access to Remote Cheque Deposit at any time and for any reason including if you breach any term related to your Everyday Growth Account, if you use Remote Cheque Deposit for any unauthorized or illegal purposes or you use Remote Cheque Deposit in a manner inconsistent with any procedures or instructions. In the event we terminate your access to Remote Cheque Deposit, the Everyday Growth Account Agreement will continue to apply.
11. Receipt of Items
We reserve the right to reject any item transmitted through Remote Cheque Deposit or mailed in to us, at our discretion. An item may be returned to us by the paying financial institution because, among other reasons, the paying financial institution determines that the item cannot be processed, is illegible, or is otherwise unacceptable. We are not responsible for items we do not receive or for images that are corrupted or not fully received during transmission. We may charge back to your Account at any time, any item that we subsequently determine was not eligible for deposit. If the deposit amount does not match the amount of the image, we may adjust your Account to reflect the amount on the image received. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our charge back or adjustment.
12. Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost to us, any originals or copies of items deposited though Remote Cheque Deposit in your possession and your records relating to such items and transmissions.
13. Further Obligations
You agree to take full responsibility for your Electronic Device and anybody using it. Please review the Haventree Bank Mobile and Online Banking Terms in its entirety. You agree to comply with any further obligations that may be required in order to ensure that Remote Cheque Deposit functions correctly and efficiently. We may at any time suspend, terminate or discontinue the Remote Cheque Deposit feature, at our own discretion, without notice to you.
Statement on Prohibited Conduct
What is Prohibited Conduct?
Section 627.04 of the Bank Act prohibits certain conduct by financial institutions. It is against the law for a financial institution to impose undue pressure on, or coerce a person for any purpose, including to obtain a product or service from an institution or any of its affiliates, as a condition for obtaining another product or service, or take advantage of a person.
Coercive Tied Selling
You cannot be pressured to buy a product or service you do not want from a financial institution or any of its affiliates, as a condition to obtain the product or service you want.
Consider the following example to understand coercive tied selling: your mortgage specialist tells you that qualify for a residential mortgage. However, you are also told that the mortgage will only be approved if you transfer your investments to the bank or its affiliates. You are looking to obtain a mortgage, but do not want to move your investments.
What is not Prohibited Conduct?
Most businesses, including Haventree Bank, look for ways to show their interest in your business and appreciation for your loyalty. Current and prospective clients can benefit from certain sales practices, such as bundling of products and services and preferential pricing, which offer better prices or more favourable terms. In addition, reasonable credit risk management practices may require a borrower to open an operating account. These practices should not be confused with coercive tied selling, as defined above. Many of these practices will be familiar to you in your dealings with other businesses.
Bundling of Products and Services
Products or services are often combined to offer consumers better prices, incentives, and more favourable terms. For example, a meal combination at a fast-food restaurant is priced lower than if you bought the items in a meal separately. Similarly, banking products and services can be bundled so consumers can benefit from package prices that are less than the sum of the individual items.
Examples of banking products and services that can be bundled include, opening a personal chequing account with a discounted monthly fee if you opt for other products such as a no annual fee credit card, a mortgage, or an investment product.
Preferential Pricing
Preferential pricing means offering customers a better price or rate on all or part of their business. For example, a shoe store offers a second pair of shoes at half price.
Similarly, a financial institution may be able to offer you preferential pricing – a higher interest rate on a GIC, or a lower interest rate on a residential mortgage – if you have more than one product or service.
For example, after approving your application for a residential mortgage, your mortgage specialist offers a lower interest rate if you transferred your investments to the bank or its affiliates. This is acceptable as the approval of your mortgage is not conditional on you transferring your investments to the bank, rather, you are offered preferential pricing if you give the bank more business.
Credit Risk Management
To ensure the safety of depositors, creditors, and shareholders, financial institutions must carefully manage the risk related to the loans and credit cards they approve. The law allows us to impose certain requirements on borrowers as a condition for granting a loan, only to the extent necessary for us to manage our risk.
For example, you apply for an operating loan for your business. To manage the risk associated with the loan, your bank requires your business to have an operating account with the bank as a condition for obtaining the loan. This is legal and appropriate as it allows your bank to assess possible risks associated with your business’ cash flow and manage the risk associated with the loan.
At Haventree Bank, our requirements for borrowers will be reasonable and proportionate to our level of risk.
Our Commitment to You
At Haventree Bank, all employees are required to comply with the law by engaging in prohibited conduct including not taking advantage of clients – current or prospective. We are committed to upholding the law and provide our employees with training on acceptable sales practices. Please contact us if you believe you have experienced prohibited conduct in any interactions with us.
Terms of Use & Conditions – Flinks
Introduction
Haventree Bank (also referred to as “we”, “us” or “our”) uses Flinks API (“Flinks” or “Flinks Service”) to access your third-party online accounts with other financial institutions. This document (this “Agreement”) sets out the specific terms and conditions relating to our use of Flinks. It includes, among other things, important legal terms relating to how we will use your information and limiting our liability and your ability to sue us.
By using our Mobile and Online Banking Services (our “Services”) and Flinks, you authorize us to retrieve your payment account details from third party financial institutions, for the purposes of verifying account information to set up direct payments and also for know-your-client and other purposes necessary to provide you our Services
1. Proprietary Rights
You are permitted to use the Flinks Service, and all information, data or other materials delivered to you through Flinks, only with and as enabled by the software, and only in connection with the purposes specified above. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials, or access Flinks for any other purpose or by any means other than as specifically enabled through the software. Further, you agree not to reverse engineer or reverse compile any of the Flinks’ technology.
2. Content You Provide
You are granting Haventree Bank and Flinks the full right and license to use any data, passwords, or other information (collectively, your “Content”) you provide, or using such credentials your third-party financial institution provider provides, through or to Flinks. Haventree Bank and Flinks may use, modify, display, distribute and create new material using such Content only to provide the Flinks Service to you through the software in connection with the purposes specified. We may also use your Content to protect against fraud. By submitting your Content, you automatically agree that you are the owner or the rightful user of such Content with the express agreement that, without any particular time limit, and without the payment of any fees, Haventree Bank and Flinks may use the Content for the purposes set out above.
3. Third Party Accounts
By using the Flinks Service, you authorize Haventree Bank and Flinks to access third party sites designated by you, on your behalf, to use the information in your bank accounts to: (a) validate and verify your account information, (b) verify that the linked accounts belong to you; and (c) configure Flinks so that it is compatible with the banking service providers for your accounts. You agree that Haventree Bank and Flinks assume no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such banking service providers. You are responsible for ensuring that the foregoing authorization and access does not violate any third party’s online access or other applicable agreement. Haventree Bank, Flinks, and each of their affiliates shall not be responsible for any violation of an access agreement with your financial institution or any losses resulting from unauthorized access or transactions.
4. Disclaimer of warranties
You expressly understand and agree that:
Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an “as is” and “as available” basis. Haventree Bank and Flinks expressly disclaim all warranties and conditions of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Haventree Bank and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (iv) any errors in the technology will be corrected.
Any Content obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Haventree Bank or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.
5. Limitation of liability
You agree that neither Haventree Bank or Flinks nor any of their affiliates will be liable for any costs, damages, expenses or other harms, whether direct, indirect, incidental, special, consequential or exemplary, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses relating to the Flinks Service, even if Haventree Bank or Flinks has been advised of the possibility of such damages, resulting from:
the use or the inability to use the Flinks Service;
the cost of getting substitute goods and services,
any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service;
unauthorized access to, use of, distribution or alteration of your transmissions or data;
statements or conduct of anyone on the Flinks Service;
the use, inability to use, unauthorized use, performance or non-performance of any third party financial institution or other account provider website, even if the provider has been advised previously of the possibility of such damages; or
any other matter relating to the Flinks Service.
6. Indemnification
You agree to protect and fully compensate Haventree Bank and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees and costs) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7. Third Party Beneficiary
You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Agreement.
8. Amendments
Haventree Bank and Flinks reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time, and we will provide you with written notice (to your contact information as provided through the Flinks software) when we do so. If we do this, we will post the latest version of this Agreement on this page, and we will indicate at the bottom of such page the date of the last revision or modification.
9. English Language
The parties hereto acknowledge and confirm that they have requested that this Agreement as well as all notices and other documents contemplated hereby be drawn up in the English language. Les parties aux presentes reconnaissent et confirment qu’elles ont convenu que la presente convention ainsi que tous les avis et documents qui s’y rattachent soient rediges dans la langue anglaise.
10. Other Terms
As between the Haventree Bank Terms and Conditions and this Agreement, this Agreement will govern in the case of any necessary conflict or inconsistency strictly to the extent relating to the use of the Flinks Service, and in all other cases the Haventree Bank Terms and Policies will govern. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, (a) that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect, and (b) such holding shall not, in and of itself, render any of the Haventree Bank’s Terms or Conditions unlawful, invalid, void or unenforceable. This Agreement shall be binding upon parties hereto and their respective heirs, executors, administrators, successors, and permitted assignees. You may not assign this agreement without the prior written consent of Haventree Bank and Flinks.
Canada Deposit Insurance Corporation
Haventree Bank is a proud member of the Canada Deposit Insurance Corporation (“CDIC”). CDIC is not a bank, nor a private insurance company. CDIC is a federal Crown Corporation that contributes to the stability of the Canadian financial system by providing deposit insurance against the loss of eligible deposits at member institutions in the event of failure. It is funded by premiums paid by its member institutions, and it does not receive public funds to operate.
All of our Canadian dollar savings products, like our Haventree Bank Cash Account and our Guaranteed Investment Certificates, are eligible for CDIC insurance.
The following instruments and products are eligible for CDIC protection up to $100,000, per insured category, per depositor, and provided they are payable in Canada, as outlined in their brochure "Protecting Your Deposits" :
Haventree Bank Cash Account
Haventree Bank Guaranteed Investment Certificate
Haventree Bank Tax-Free Savings Account
Haventree Bank First-Home Savings Account
[Haventree Bank RSP Cash Account]
For more information, visit http://www.cdic.ca, or connect with the CDIC at:
Phone: 1-800-461-CDIC (1-800-461-2342)
Email: info@cdic.ca
Electronic Access Agreement
Introduction
This Electronic Access Agreement (this “Agreement”) governs your access or use of Haventree Bank’s Online and Mobile Banking Services (the “Services”). This Agreement supplements any other existing and future agreements that you have with Haventree Bank and any terms, conditions or disclaimers provided on our website. If there is a conflict between a term in this Agreement and any other agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict.
Definitions
“Account” means any Haventree account you have with us that you may access from time to time using the Services.
“Devices” means any electronic device that we allow you to use to access the Online Portal or the Services including, without limitation, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices.
“Device Passcode” means the passcode, password, biometric information or other authentication method that you designate to access any Device.
“Document(s)” means electronic versions or representations of statements, invoices and other records, notices, confirmations or documents, or information in summary form about the foregoing presented on the Online Portal.
“Instruction(s)” means any instruction communicated by you or purported to be communicated by you when accessing the Online Portal and the Services.
“Online Portal” means Haventree Bank’s Online and Mobile Banking portal that allows you access to the Services and to view information and/or conduct transactions.
“Password(s)” means a confidential combination of numbers, letters and/or special characters that you select to use to identify yourself to sign on to or transact on the Online Portal and the Services or a telephone system related to the Online Portal and the Services.
“Personal Verification Questions” means the questions and answers that you may be required to choose, and provide answers to when prompted, to help us confirm that you are the person accessing the Online Portal and the Services.
“Services” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices.
“Sign-In Credentials” means User IDs, Passwords, Personal Verification Questions, Device Passcodes, biometric information, or other information required to access the Services.
“User ID” means the user ID, selected by you, you use to sign on to and access the Online Portal.
“We”, “us” and “our” means Haventree Bank and, if applicable, its affiliates.
“You” and “your” means the customer with an Account or Service which is accessed through the Online Portal.
General Terms and Conditions
Use: You must use your Sign-in Credentials to access the Services on the Online Portal. You may also be required to answer your Personal Verification Questions when accessing the Services. You acknowledge and agree that while you may access the Services from other jurisdictions outside of Canada, some aspects of the Services or some information on the Online Portal may not be available to you in those jurisdictions. If you access or use the Services or the Online Portal outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, state, territorial, federal, national, or international laws that are applicable to such access or use of the Services by you.
Passwords: You agree to keep your Passwords and Personal Verification Questions strictly confidential and for your use alone. You must not disclose your Passwords or Personal Verification Questions to any other person. You must carefully select your Passwords and Personal Verification Questions such that they cannot be easily determined or reverse engineered by any other person, including not using the birth date or name of a family member, your telephone number, your social insurance number, or sequential numbers such as “1234”. If you know or believe that someone may know your Passwords or Personal Verification Questions, you must immediately notify us by telephone at 1.855.272.0051 and you must change your Passwords or Personal Verification Questions, as applicable, immediately. We will not be responsible for any losses that may result from you sharing your Passwords or Personal Verification Questions. When entering your User ID and Password and/or Personal Verification Questions into a Device, you must take all reasonable precautions to prevent others from viewing this information. If you have enabled touch ID or other biometric fingerprint recognition feature as your Password to sign on to the Online Portal or access any Services, any fingerprints stored on your Device will be able to access the Services through your Online Portal. You are not able to assign or restrict which fingerprint(s) can access the Online Portal. Providing your Device password to a third party or allowing a third party to add their fingerprint to your Device may provide them access to your Online Portal.
Security: The security of your information depends on you using safe practices. You agree that when using the Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the Services for the purpose of the relevant transaction. You agree to implement and maintain reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device. You must notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in your Account. You agree to comply with any additional security requirements that we may require in connection with the Services. You agree that you are responsible for any losses that result from your use of your Device to access the Services or that result from any use by a third party of your Device to access the Services. If you suspect someone else is using your Device to access the Services, you must immediately notify us by telephone at 1.855.272.0051
Accuracy of Information: Information on the Online Portal and on our website are provided to you as a convenience only and is not intended to provide financial, legal, accounting or tax advice and must not be relied upon for those purposes. Information provided on the Online Portal and on our website is believed to be accurate and reliable, but we do not guarantee that it is accurate, complete or current at all times. Amounts posted on the Online Portal and on our website may not reflect all payments made, interest charges, applicable fees or other payment terms. Rates and fees are subject to change at any time without notice and rates and fees posted on the Online Portal and on our website may not reflect the most recent changes.
Instructions: Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any Instruction. You acknowledge that each Instruction that you provide to us is final and will have the same legal effect as if it was a written instruction and signed by you. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any losses that may arise from these transactions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, that we may record your voice or responses and you consent to such recording. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete. When using the Online Portal, you agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an Instruction in these circumstances.
Communications and Notices: You consent to us communicating with you electronically, through the Online Banking Message Centre, your Devices, our websites, or via email. We may also communicate with you or send you notifications by mail.
Fees: You will pay all service fees or other charges that apply to the Services. This may include fees in addition to Account fees or charges. Service fees or other charges may be deducted from your Account at the time they are incurred. Unless stated otherwise, all fees will be expressed in Canadian dollars.
Notices of Fees and Changes: We may change fees and charges from time to time, and will give you prior notice of any changes.
Third Party Fees: You are responsible for any fees charged by Third Parties, for example, fees to either a sender or a recipient of an e-Transfer Transaction.
Alerts
Alerts may be sent securely to the Message Centre accessible through our Mobile or Online Banking applications, by regular email to your email address, by text message to your mobile phone number, or by a push notification sent to a mobile device. You understand that messages exchanged with us may be subject to standard data and text messaging fees charged by your mobile service provider. Alerts may be sent automatically when: particular changes to your Account(s) are made, such as:
your password has been changed;
your physical address or email address has changed; and/or,
the balance of your Account falls below $100 in the currency of your Account(s), or other amount specified by you.
Alerts are a key part of Mobile Banking and Online Banking, you cannot opt-out of receiving certain Alerts, such as fraud Alert. In these cases, you consent to the delivery of Alerts by the method chosen by us, including email or text message, to the email address or phone number you have provided. You may choose to receive opt-in Alerts regarding other Account or banking activity, which Alerts will be delivered by email or text message. Occasionally we may add new Alerts without prior notice to you or may discontinue existing Alerts by providing notice 30 days prior to deactivation. You are responsible for keeping your mobile phone number up to date with us.
In-App Messages: When you use Mobile Banking, we may send you targeted, contextual messages in the form of a pop-up alert (In-App Messages) to notify you of service disruptions or other issues that may impact your banking experience, such as sign-in issues or payment issues. In-App Messages can also be used to ask for your optional feedback on specific issues through targeted client surveys. You cannot opt-out of In-App Messages and you may receive them even if Alerts or Push Notifications are disabled.
Push Notifications: Certain Apps support push notifications which you can enable or disable on your Device. Even if push notifications are enabled, your ability to receive them may be affected by factors outside of our control, including your connectivity and whether your Device is turned off.
Payments in Digital Banking
Payments: Certain accounts or other sources of funds are available for making a payment, debit or transfer. Mobile Payments can also be made using our Apps. When making any Payment, you must ensure the accuracy of all information needed to complete the Payment, including account numbers, email addresses and payee names.
Delay in Payment: There may be a delay between any Instruction you provide, the withdrawal of any Payment from a funding source, and receipt of the Payment by a Third Party. You are responsible for accounting for this potential delay and for timing any Instruction to us accordingly.
No Liability: We are not responsible for any disputes you have with a Third Party including if that Third Party (1) does not credit you for a Payment for whatever reason, (2) charges you fees or penalties, or (3) does not supply goods or services purchased or the goods or services are not suitable.
Initiating an Interac e-Transfer: To send an Interac e-Transfer, you must provide the Recipient’s email address, mobile number or other permitted contact information (“Contact Information”). In some cases, you may be required to provide an e-Transfer Question and Answer to authenticate the Recipient, who must correctly respond to the e-Transfer Question and Answer. After you initiate an e-Transfer Transaction using the e-Transfer Service, we will withdraw the e-Transfer Transaction amount from your Account and send an email, text message or other message to the Recipient at the contact information that you provide. The message may identify you as the Sender, and the e-Transfer Transaction amount, the name of the Recipient, and that you are using the e-Transfer Service. In cases where an e-Transfer Question and Answer is used to authenticate the Recipient, we will hold the funds until we receive notice that (1) the Recipient has correctly responded to the e-Transfer Question and Answer and claimed the e-Transfer Transaction or (2) you cancel and reclaim the e-Transfer Transaction.
Initiating an Interac e-Transfer Request Money: To send an Interac e-Transfer Request Money, you must provide the Responder’s Contact Information. After you initiate an e-Transfer Request, we will send a message to the Responder at the contact information that you provide. The message may identify you as the Requestor, display your e-mail address and the e-Transfer Request Money amount, and indicate that you are sending an Interac e-Transfer Request.
No Interest: We will not pay interest on the e-Transfer Transaction amount to any Account, whether the Account was held by a Sender, Requestor, Responder or Recipient, for the period of time the e-Transfer Transaction amount was not in the Account.
Claiming or declining an e-Transfer Transaction when an e-Transfer Question and Answer is used: A Recipient of an e-Transfer Transaction may claim or decline the e-Transfer Transaction using Digital Banking, or the online or mobile banking services of another financial institution. To claim or decline an e-Transfer Transaction, the Recipient must first respond correctly to the e-Transfer Question and Answer. A Recipient who successfully claims an e-Transfer Transaction using Digital Banking or the online or mobile banking service of another financial institution should generally receive funds immediately. A Recipient has 30 days from the time an e-Transfer Transaction is sent to claim or decline the e-Transfer Transaction amount, after which the e-Transfer Transaction will automatically expire. An e-Transfer Transaction sent from another financial institution will also expire after a certain period of time.
Autodeposit: If the Recipient has registered for Interac Autodeposit, the e-Transfer Transaction funds sent by the Sender will be automatically deposited into the Recipient’s Account.
Cancelling an Interac e-Transfer Transaction: A Sender can initiate cancellation as long as the transfer has not been accepted by the recipient and the funds have not been deposited into their account. The transfer is subject to automatic cancellation if it is refused or exceeds the 30-day acceptance period. As a Recipient of an e-Transfer Transaction using Digital Banking, you agree that an e-Transfer Transaction may be stopped at any time by the Sender before you have claimed the e-Transfer Transaction.
Cancelling an Interac e-Transfer Request Money: A Requestor may cancel an e-Transfer Request Money at any time before it has been fulfilled by the Responder.
Your Responsibilities as a Sender: As a Sender of an Interac Transaction, you are responsible for:
providing a correct and operational email address, mobile number or other permitted contact information for the Recipient
ensuring that the Recipient has consented to your providing and our using the contact information of the Recipient for the purposes of sending the e-Transfer Transaction, and
notifying us promptly of any change to the email address, mobile number or other permitted contact information of the Recipient.
You must not disclose an Interac e-Transfer Question and Answer to anyone other than the person intended to receive your Interac e-Transfer Transaction and as we may further instruct you. In case of Interac Autodeposit, the Sender will be responsible for validating the legal name of the Recipient.
Your Responsibilities as a Recipient: As a Recipient of an e-Transfer Transaction, you agree to keep the answer to the e-Transfer Question and Answer confidential at all times and to use it only as required to receive the e-Transfer Transaction amount.
Your Responsibilities as a Requestor: As a Requestor, you are responsible for:
providing a correct email address, mobile number or other permitted contact information for the intended Responder,
ensuring that the Responder has consented to your providing and our using the contact information of the Responder for the purpose of requesting the e-Transfer Request Money, and
notifying us promptly of any change to the email address, mobile number or other permitted contact information of the Responder.
We and any third party may set access limits, including the amount of money you are allowed to send or receive when you use the e-Transfer Service.
Electronic Delivery of Information
This part contains your consent to receive information about your Accounts electronically, by default. It explains the type of information that will be delivered electronically, how the Information will be delivered, and how you can change your delivery preferences.
Consent to Receive Information Electronically: You consent to receive information such as monthly or periodic account statements, disclosures, notices, confirmations, certificates, tax documents, terms and conditions, agreements and amendments applicable to your accounts, in electronic form only. By consenting to receive information in electronic form only, you will receive information in the Documents page or in your Message Centre in Online Banking (and Mobile Banking, if available), rather than in paper and electronic form.
Consent Applies Immediately: This Consent takes effect immediately upon acceptance of this Agreement and also applies any time you change your delivery preference in Digital Banking to receive information in electronic form only. When your delivery preference is set to electronic form only, you may still receive some information in paper form for a limited time.
What will be Delivered to you in Paper Form: We may provide you with information in paper form if we are unable to provide it to you electronically, or otherwise at our discretion.
How Electronic Documents Will Be Delivered to You: When new information in electronic form is available for you to access, we will send a message to your Message Centre. We may also send you an email (but only if you have provided us with your email address) to notify you that Information is available through Digital Banking. Please note that email communication is not secure or reliable and email notifications may not be received by you in a timely manner or at all. We will not be responsible to you for any damages or costs resulting from your failure to receive an email notification. You may opt-out of email notifications by changing your email preferences in Online Banking.
Technical Requirements: Information may be presented as PDF files and may require you to have Adobe Reader or other third-party software installed on your Device. We do not own or operate, and are not responsible for, Adobe Reader or any other third-party software.
Document Delivery: Your information is deemed to be delivered to you on the day that it is made available to you through Online Banking and not on the day that you actually access it.
Your Responsibility to Access Electronic Documents: By consenting to electronic delivery of documents, you understand that you must access Digital Banking to access your information and agree to do so on a regular basis but in any event, not less than once every thirty (30) days).
Contact Information: You will advise us of any changes to your contact information that you have provided in connection with Digital Banking, including any change in your email address.
Availability: Electronic information will be available as long as your Account remains open, you continue to be enrolled in Digital Banking. It is your responsibility to retain a copy of your information by printing or saving it while it is available to view in Online Banking or Mobile Banking (if applicable).
Other Agreements Continue to Apply: Any agreements applicable to your Accounts continue to apply. You are required to review all of your information in accordance with the provisions of the agreements applicable to your Accounts, and if you think there is an error, you must contact us as soon as possible.
Records: Our records, including electronic records, and those of any of our affiliates or service providers (whether used by them or by us), regarding an Account or the Services, including the retrieval, consolidation, organization and presentment of information, records for each instruction, the presentment, or receipt and viewing of Documents, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings and electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
Prohibited Use: You will not (i) provide untrue, inaccurate or incomplete information about yourself; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose; (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or (iv) reverse engineer the source code for any software or any of the service technology we offer to access the Services on your Devices.
Suspension/Termination: We may terminate this Agreement or suspend your access to the Online Portal at any time, without notice to you, in which case this Agreement will continue in respect of your past access. We will not be liable for any losses or inconvenience that results from our termination of this Agreement or suspension of your access. If you want to terminate access to the Online Portal, you can give us notice of termination by calling us at 1.855.272.0051.
Intellectual Property: All content available on the Online Portal and all features and functionality of the Online Portal, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, published on or otherwise accessible through the Online Portal are protected by in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights, which are owned or controlled by Haventree Bank or its suppliers.
Limitation of Liability: You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will not be liable to you for any loss, damage, delay or inconvenience suffered or incurred by you with respect to this Agreement, the Services, or any Instructions. We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (as determined using reasonable commercial standards). In no event, even if we are negligent, will we be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by (i) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (1) any data or information given by you to us (including your failure to update); and (2) any data or information provided to you by any third party; (ii) any delay, error, interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures; (iii) unsecured communication being inaccurate, intercepted, reviewed or altered by others; (iv) any delay or inability to access or use the Services; (v) your failure to receive or view a Document that has been presented to you; (vi) your leaving our website and linking to and from or using any third party website or app; or (vii) (your failure to fulfill any of your obligations under this Agreement or to comply with any instructions we may provide to you from time to time in connection with the Services. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.
Release and Indemnity: Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of (i) your access to or use of the Services or (ii) your breach of the terms and conditions of this Agreement.
Changes: Subject to applicable law, we may change this Agreement at any time by giving notice to you. We will notify you of a change to this Agreement by posting a notice on our website. Your continued access or use of the Services after we post such notice means that you agree to and accept this Agreement as amended. If you do not agree to any change made to this Agreement, you must stop accessing and using the Online Portal. You understand that we may add, remove or change any part or feature of the Services, including the Online Portal, at any time, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.
No Warranties: Except for any express agreements we have with you, we disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of the Online Portal, the Accounts and Services, including any warranties and conditions as to merchantability, operation, currency, timeliness, merchantable quality, fitness for a particular purpose, title, non-infringement, security, and accuracy. We do not represent or warrant that (i) the Services or our website will meet your requirements; (ii) the Services or our website will be error free or provided on an uninterrupted or continuous basis; (iii) there will be no delays, no difficulties in use, no defects, or no incompatibilities with your use of the Services or our website; (iv) all deficiencies in the Services or our website can be found or corrected; and (v) that our website and any communication from us, whether from our website, or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.
Governing Law: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to Agreement must be instituted in the courts of the Province of Ontario, and you agree to submit to the jurisdiction of such courts in any such action or proceeding.
Severability: If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
Everyday Growth Account
Introduction
The Haventree Bank Everyday Growth Account is an online Canadian dollar personal bank account. Haventree Bank is a purely online financial institution without any physical branches. The Account earns interest daily based on the closing balance, and interest is paid monthly. There is no minimum balance requirement. By signing up for an Everyday Growth Account, you agree to receive all communication and documents related to your Account in electronic format.
1. Definitions
“Account” means your Haventree Bank Everyday Growth Account;
“Account Terms” means these terms and conditions;
“Alert Messages” means the automated security alert messages, opt-in and low balance alert messages that we may send to you securely to the Message Center accessible within the Services or by regular email to your primary email address or by text (SMS) message to your mobile phone number;
“Autodeposit” means an Interac e-Transfer® that is automatically deposited to your Account or your recipient’s account without answering a security question.
“Autodeposit Recipient” means a recipient who has registered for Autodeposit at a participating financial institution.
“Biller” or “Third Party Biller” means a business or organization to which you owe payment for goods or services provided. Examples include telecommunications companies or utility providers;
“Business Day” means a day other than a Saturday, Sunday, federal holiday or publicly observed holiday in the applicable province;
“Documents” means electronic versions or representations of statements, invoices and other records, notices, confirmations or documents, or information in summary form about the foregoing, and includes the interest, fees, privacy and/or complaint-related disclosure documents you receive(d) electronically when you opened your account, such as those outlined below in Section 3 under Identity verification and account opening requirements ;
“EFT” means Electronic Funds Transfers, including transfers between your Accounts, transfers between your Account(s) and Linked Accounts, or pre-authorized transactions including direct deposits and pre-authorized debits;
“Electronic Communication” means any communication by telephone, email, Message Centre, text (SMS), social media, chat, fax, or other method of telecommunication or electronic transmission;
“Device”: means any electronic device that we allow you to use to access our Services (for example, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices);
“Electronic Identification” or “Login Credentials” or “Login ID” is your email address (registered to your profile) and is used in combination with your password to sign on to our Services;
“Electronic Transaction(s)” means any transaction with respect to an Account, such as deposits and withdrawals (including bill payments), transaction cancellations, and transfers – including Interac e-Transfers®, Electronic Funds Transfers (EFTs) and internal transfers -- as well as any other transactions with respect to an Account that we may permit through our Services;
“External Account” means a personal deposit account that you hold with another Canadian financial institution;
“Instrument” means a mobile cheque deposit, bill payment, electronic debit or credit or other payment instrument such as Interac e-Transfer®;
“Instruction” means an instruction by you that is electronically communicated to us after electronic identification and/or security question authentication through our Online or Mobile Banking or customer care centre;
“Joint Account” means a Haventree Bank Everyday Growth Account with more than one Accountholder;
“Linked Account(s)” means the External Account in your name at another Canadian financial institution that is linked to your Haventree Bank Everyday Growth Account;
“Message Centre” means a secure messaging inbox, accessible through Haventree Bank Online or Mobile Banking;
“Mobile Cheque Deposit” is the method used for depositing a cheque into your Account remotely using your mobile device;
“Mobile Banking” or “Mobile” means the approved mobile application through which you may sign on to the Services;
“Online Banking or “Online” means the Website through which you may sign on to the Services;
“PAD” means a pre-authorized debit -- a withdrawal from your Account made by an organization or another financial institution that you have authorized to do so;
“Primary Accountholder” means the person we consider to be the main Accountholder, including, in the case of Joint Accounts, the first person listed as an Accountholder, per our records;
“Request Money” means a request for an Interac e-Transfer in a specified amount sent by a person from a participating financial institution.
“Requestor” means a person who sends a Request Money from a participating financial institution.
“Sender” means a person who instructs a financial institution to send a transfer (including, if applicable, to fulfill a Request Money);
“Statements” means the online monthly account statements accessible through Online Banking;
“Service(s)” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices;
“Third Party Service Provider” means a party retained by us to act on our behalf to provide or to assist us in providing our Services;
“We”, “us”, “our” means Haventree Bank;
“Website” means www.haventreebank.ca; and
“you”, “your”, “client”, “customer” or “Accountholder” means each holder of an Account. A business – such as corporations, joint ventures, or sole proprietorships – cannot be an Accountholder.
2. Eligibility
To be eligible to open Haventree Bank Everyday Growth Account, you must: (i) be a Canadian resident with a permanent Canadian address; and (ii) meet the age of majority in your province or territory of residence.
You are responsible for maintaining a valid email address as part of your profile with us and are responsible for notifying us of any changes to your email address or any other personal information you have previously provided us.
The Haventree Bank Everyday Growth Account is intended for personal use only. You agree that if we suspect you are using your Haventree Bank Everyday Growth Account for business or non-personal purposes, we may close your Account.
3. Identity verification and account opening requirements
We are required by federal law to obtain, verify and record information that identifies each person who opens an Account. When you open an Account, you will be asked to provide information to help identify you, including your name, street address, and date of birth. We may also require additional proof of your identity if it cannot be verified through our standard processes. Your Account will become active once we have verified your identity and you have been notified by us that your Account is active.
You agree and consent to us verifying your identity as required or permitted by law and agree to provide any documentation we believe necessary to help in this regard. As such, your new Account will not be opened, no interest payments will be made and no other benefit derived from your new Account will apply until all such requirements are satisfied.
There may be cases where we need or choose to contact third party credit reporting agencies or other third parties to help us identify you. You agree and consent to us verifying information provided by you, whether when opening your Account or through use of your Account, using credit bureaus, credit reporting agencies or other third parties, including, but not limited to, telecommunication and utility providers. You agree to provide any records that may be required for the opening of your Account with us, and its continued operation under federal and/or provincial law, including but not limited to, those necessary under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, including any related regulations and/or guidelines, or such other similar legislation as the case may be.
Your Social Insurance Number (“SIN”) is required to open an account, for tax reporting purposes. In order to assist in verifying your identity and to help prevent errors and fraud, we may also share your SIN with credit reporting agencies. The sharing of your SIN with credit reporting agencies is optional and not a condition of service. You have the option of requesting that your SIN not be used for purposes other than as required by law.
Should you fail to satisfy any of our account opening requirements, whether as specified in these Terms and Conditions or otherwise, we reserve the right not to open your Account.
You acknowledge that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations, as they may be amended from time to time, apply to the operation of your Account and that we will adopt policies and procedures to address the reporting, client identification and record-keeping requirements of this legislation. You agree to abide by and comply with all our policies and procedures, even if they may be more rigorous than the statutory or regulatory requirements.
4. Acceptable Use
This is a personal account. You agree to use your Account for lawful purposes only and in compliance with Haventree Bank’s policies and procedures. You agree to take all reasonable precautions to maintain the security and integrity of your Account and to prevent fraudulent transactions in it. You agree to advise us of any suspicious circumstances surrounding a transaction that you may be aware of related to your Account. If, in our opinion, there is unusual, improper or suspicious activity in or related to the Account, we reserve the right to take the actions that we in our complete discretion consider appropriate, including denying services to you, suspending the Account, or closing the Account. If the Account is used for business banking purposes, we reserve the right to close the Account without notice to you.
You will not include in any payment, transfer, or similar communication, content that is: (i) harmful to Haventree Bank or any individual, company, corporation, or other body corporate, government, governmental body, unincorporated body of persons or association; (ii) reasonably considered to be the personal information of an individual, unless it has been provided with the appropriate consent and in accordance with applicable privacy laws; (iii) a virus or other code or mechanism that is intended or is likely to cause damage including, but not limited to, a deceptive or malicious URL; (iv) offensive, harassing, discriminatory, or defamatory; (v) relates to, or is used to conduct, illegal activities; or (vi) otherwise in contravention of applicable laws and rules.
You are responsible for ensuring that there are enough funds in your Account required to cover any transactions you may initiate. You will be accountable for any transaction that is not processed due to insufficient funds. We will not allow your Account to go into an overdraft. We may charge a fee if your Account has been overdrawn.
We, in our sole discretion, may deem a deposit or withdrawal to be fraudulent or counterfeit. If this occurs, the transaction request will not be processed and, as applicable, funds will not be returned to you.
We may establish dollar amount, transaction, account balance or other account-related limits per customer. These limits may change at any time and without prior notice to you. If you attempt a transaction that is in excess of these limits, we may reject the transaction. Please refer to our [Account Fees & Features] for further information on dollar amount, transaction, account balance or other account-related limits for various transactions.
5. Privacy
By initiating the account opening process with us, you consent to the collection, use and disclosure of your personal information in accordance with Haventree Bank’s Privacy Statement.
The Privacy Statement forms part of these Terms and Conditions and your acceptance of these Terms and Conditions indicates that you also agree to the terms of the Haventree Bank Privacy Statement. It is important that you review our Privacy Statement carefully prior to opening an Account. The Privacy Statement may be amended or replaced from time to time and we will post the revised Agreement on our Website.
We reserve the right to comply with any third party demands which have been issued under federal or provincial legislation, or any court order we receive in respect of your Account. You agree that we will not be liable to you in any way for complying with any such third party demands or court orders issued on or against your Account.
6. Electronic Identification
Once your Account is created, your Login ID and password, or other log in credentials we may authorize, will be required anytime you want to access your Account. You are responsible for the safe keeping of your Login ID and password and for not sharing either with anyone. Please ensure they are kept private and strictly confidential.
7. Interest
If interest is payable on any credit balance in an Account, it begins to accrue on the day your Account is activated at the rates applicable to your Account as described in the Interest Rate Schedule. Interest is calculated daily on the closing balance of your Account at the rates per annum and paid monthly on the first calendar day of each month. Interest payable will be rounded to the nearest cent. You acknowledge that interest rates and interest calculation methods may change at any time at Haventree Bank’s complete discretion. We will notify you of interest rate changes, and post the new rate and any interest calculation changes on the secure Message Centre or on our Website.
Notwithstanding the above, should your Account become active on the last business day of the month and should you make a deposit into the Account on that day, interest may not be paid on the amount deposited until the following month. Interest will, however, begin to accrue on the amount the day it is deposited.
You acknowledge having received and reviewed the Interest Rate Schedule and understand the interest rate(s) applicable to your Account.
If your Account is closed, accrued interest will be calculated up to, but not including, the date of closure of the Account and will be credited to your Account at the time the Account is closed.
8. Set-Off
We maintain a right of setoff against you. This means that we may apply (i.e. offset) the funds on deposit in the Account against any debt or obligation you, or if this is a joint Account, any one of you, owes to Haventree Bank or any of its affiliates without notice.
9. Fees
This is a no-fee daily banking account. It has no maintenance fee. For the list of fees that may be charged by us in connection with this Account depending on your usage, visit [Haventree Bank Everyday Growth Account Fees]. You authorize us to charge any fees incurred by you directly to your Account. If a fee is increased or a new Account fee is introduced, we will provide notice of any such change in writing to you through electronic means, which may include posting a notice on the Message Centre or on our website or by any other method allowed by law as determined by us, at least 60 days before the change comes into effect.
10. Low Balance Alerts
At account opening, your account will be automatically enrolled in a low balance alert. Should your Account balance fall below $100, we will alert you (in keeping with your account settings and preferences). You can change this threshold amount at any time or opt-out of the low balance alert entirely through Online Banking. To manage your alerts, visit the Manage Alerts page through your account Settings.
11. Account Transactions and Records
Haventree does not provide paper copies of your account statements. Statements and ongoing transaction and balance information are available online from our [Online Banking Portal?].
You agree to access [Online Banking Portal?] at least once a month to review and verify that all your transactions and balances are correct; all items paid from the Account are valid and duly authorized; and all amounts charged to your Account are correct. Should you notice any errors, omissions, irregularities or discrepancies you must notify us within 30 days of the transaction record, otherwise we will consider your Account records to be accurate. You will be bound by this section even if you do not use Mobile Banking or Online Banking Portal to review your Account entries and balances at least once every 30 days. Except for errors reported in writing during that time, the Bank is discharged, from any claim with respect to the accuracy of your Statement.
12. Corrections or Errors
If we mistakenly credit an amount to your Account, we can correct that error at any time.
13. Joint Accounts
Where an Account is opened as a Joint Account, or converted to a Joint Account, each Accountholder, and any of their legal representatives, has full access to and may conduct transactions on the Joint Account. We will execute transactions initiated by, and act on instructions given by, one Accountholder, and may communicate with any one Accountholder about Joint Account matters, without additional authorization by any other Accountholder(s). All Accountholders are responsible, jointly and severally (and in Quebec, solidarily), for all obligations arising from these Terms and Conditions and use of the Joint Account.
You acknowledge that any Accountholder may invite others to join a Joint Account. You will be notified by us at the time of invitation. You further acknowledge that Accountholders of a Joint Account will have access to information about the Account, including tax reporting information and, if applicable, information about the Account prior to it becoming a Joint Account.
This Sub-Section Applies to all Provinces Except Quebec:
14. Survivorship
Joint Accounts have a right of survivorship, which means each joint accountholder intends that on their death, any positive balance of the Joint Account may be withdrawn or made payable to the surviving join accountholder(s), subject to any right of set-off that follows. Where the deceased accountholder is not a resident of Quebec, each joint accountholder directs the Bank, upon receipt of a demand from the surviving joint accountholder(s) and evidence of death acceptable to the Bank, to act in accordance with a request to remove the name of any deceased joint accountholder from the Account, subject to applicable laws. The Bank reserves the right to setoff against each join accountholder jointly and severally. This means that on the death of any joint accountholder, all their debts owing to the Bank may be paid out of the joint Account and the remaining balance, if any, will be paid to the surviving join accountholder (s). Where the deceased accountholder is, at the time of death, a resident of the province of Quebec, the joint Account may be frozen by us and any positive balance will be settled in accordance with the estate of the deceased accountholder.
The request by any accountholder to leave or close the Joint Account will be treated by us as a request to close the Account. We may also treat the death of an accountholder as a request to close the Account. This is subject to any other provisions set out in these Terms and Conditions and anything else we may require from time to time.
15. Linked Accounts
You may link more up to three (3) external accounts to your Haventree Bank Everyday Growth Account, subject to certain limits. All Linked Accounts may be set up via Mobile Banking. A new Linked Account will be activated upon verification that you are the accountholder of the external account. It typically takes five to seven days for Linked Accounts to be set up.
We, in our sole discretion, may refuse to process your request for a Linked Account or may require you to provide a paper cheque from the proposed Linked Account in order to complete a request
16. Interac e-Transfer
Interac e-Transfer® services can be used to send money electronically to a recipient who has a bank account at any Canadian financial institution. To send an Interac e-Transfer® via Mobile Banking or Online Banking you must provide the email address of the recipient, the amount to be sent, and a security question and answer needed by the recipient to authenticate the funds transfer. In order for the recipient to receive the Interac e-Transfer® they must correctly answer the security question. Only the instructions for retrieving the money are transferred by email or text; the funds are transferred directly between accounts or financial institutions. As the originator of the Interac e-Transfer®, you agree that it is your responsibility to:
provide the accurate email address of the recipient;
use an effective security question and answer that is only known by you and the recipient;
keep the answer to all security questions confidential and only disclose them to the recipient of the transfer and not use email or any optional message that may accompany the transfer to send the recipient the answer to the security question.
You agree and understand that we are obligated to pay the transfer to anyone who claims it, providing they are able to correctly answer the security question even if the person was not the intended recipient of the transfer.
If you are the recipient of a transfer, you agree to keep the answer to the security question confidential and disclose it only as required to claim the Interac e-Transfer®.
We will not be liable for any losses as a result of the sender or recipient’s misuse of, or improper communication or disclosure of, the answer to a security question.
When you initiate an Interac e-Transfer®, we will immediately withdraw the amount of the transfer from your Account and notify you within 30 minutes of the transaction. We will hold the transfer amount until we are advised that the recipient has claimed or declined the transfer, or you advise us to stop the payment on the transfer, whichever occurs first.
The recipient has 30 days from the date the transfer was initiated to claim the funds. After 30 days the transfer will expire and, if unclaimed, the money will be deposited back into your Account (minus any applicable charges).
Unclaimed or expired transfers that are returned to your account do not attract interest for the period they were waiting to be accepted. Unclaimed or expired transfers are posted to your account on the date the funds are returned to us.
Transfers can only be made in Canadian dollars. You may view the Interac Terms of Use here: Interac e-Transfer Terms of Use - Interac
17. Interac e-Transfer® Autodeposit
Autodeposit is an Interac e-Transfer® feature that allows you to register to have Interac e-Transfers® automatically deposited to your Account or your recipient’s account without answering a security question.
If you have registered your email address or mobile telephone number for Autodeposit to your Account, any Interac e-Transfer® Autodeposit sent to you will be deposited into your Account automatically without further action from you.
When you send an Interac e-Transfer® to an Autodeposit Recipient, you are responsible for providing a correct and functional email address or mobile telephone number and the amount to be sent. If the email address or mobile telephone number entered is registered for Autodeposit the amount will be automatically deposited into the Autodeposit Recipient’s account. Once sent, you cannot stop, cancel or recall the transaction. If the email address or mobile telephone number is not registered for Autodeposit you will need to enter a security question (see section above: Interac e-Transfer®).
You agree that you are responsible for providing the Autodeposit Recipient’s correct and functional email address or mobile phone number and that you have permission to use them. You agree that we are not responsible for the verification of the accuracy of the information you provide to us, and that we may rely solely on the information provided by you to affect the transaction. We will not be liable for any losses resulting from your failure to provide accurate information.
If the Interac e-Transfer® amount cannot be deposited into the Autodeposit Recipient’s account, the funds will be re-deposited into your Account.
We may decline to fulfil an Autodeposit without liability at any time before the Interac e-Transfer® amount has been deposited if we have reason to believe you, the sender or the Autodeposit Recipient is engaging in fraudulent, unlawful or improper activity, or that an error or mistake has occurred or in the event of a breach of these Terms and Conditions.
18. Bill Payments
If you give us instructions to make payments to third parties, including instructions to pay any bill or invoice, you acknowledge that the instructions will result in funds being withdrawn from your Haventree Bank Everyday Growth Account on the date the instructions are given or, in the case of post-dated payments, on the specified date. You acknowledge that third parties may not treat payments or post-dated payments as being received as of the date the instructions are given, or, in the case of post-dated payments, on the specified date.
Once electronic payment instructions have been sent, they will be final and irrevocable, so that it may not be possible to retrieve funds sent in error. We can update your bill profile if a biller informs us of a change or if we deem it necessary.
You are responsible for knowing your biller’s payment requirements. We may reject, cancel or return payments to you that do not meet these requirements. In addition, you are responsible for ensuring that your payments are requested with sufficient time to be processed by us and by the biller. Occasionally, payments may not be processed for a number of reasons including but not limited to insufficient funds, inconsistency with the billing Account Number on your payment and/or the billing Account Number registered on your bill profile at the time of processing the payment, and a change in the status of the biller, or your bill profile. Haventree Bank is not responsible for the delay or failure of any third parties to act upon instructions provided by you or any consequences resulting from such a delay or failure. We will not be responsible for any losses resulting from problems or disputes with third parties and you agree to settle your dispute directly with the third party. Haventree Bank is not responsible for our inability to retrieve electronic payments from third party accounts with us or from other financial institutions.
19. Scheduled and Recurring Transfers To / From External Accounts
Scheduled and recurring transfers can be made between your Account and your Linked Account(s). By initiating a scheduled or recurring transfer, you authorize us and your other financial institution(s) to transfer funds between your Account(s) and your External Accounts according to your Instructions. Changes to your payment schedule can be made at any time based on your direction. Timing of the changes may not be guaranteed depending on when the changes were made.
20. Holds On Your Account
When you deposit funds with us by Interac e-Transfer, EFT, or Remote Cheque Deposit we may place a hold on all or a portion of your deposit until we have verified that the funds will be available from the other financial institution to cover the deposit. The deposit will be reflected in your Account immediately but your ability to access the entire amount of your deposit will be limited until the hold period has expired. You will be unable to withdraw, transfer (via EFT or Interac e-Transfer®) or pay bills using funds that are being held. The time period for deposits varies and depends on the amount and nature of the deposit. There may also be circumstances where the hold period is extended. For more information on cheque returns, please refer to our [Holds Funds Policy].
21. Clearing, Settlement and Payment
We may present and deliver instruments for payment, clearing, collection, acceptance or otherwise through any other financial institution as we deem appropriate. The other fianancial institution shall be considered to be your agent and we will not, in any circumstances, be responsible or liable to you for the acts or omissions of this bank or other parties, however caused, in the performance of this service. We are also not liable for the loss, theft, destruction or delayed delivery of any instrument while in transit to or from, or in the possession of, any other financial institution. If we or our agent presents an instrument to another financial institution for payment on your behalf and the other financial institution refuses to recognize or provide payment on that instrument for whatever reason, you will remain responsible for the amount of that instrument deposited with us.
22. Closing your Account
You can close your Account with us at any time by calling us at 1-587-760-0587 All funds including interest accrued must be transferred out of your account via EFT or Interac e-Transfer, and any scheduled direct deposits or EFTs must be removed before you can close your Account. We also have the right to close your Account for any reason, and pay you the balance, if any, according to our rights of Set-Off. Where there is no money in your Account and there has been no transaction for six (6) months, your Account may be closed at our discretion, where applicable. Upon your death or incapacity, we are authorized to take such steps and/or require such documentation (including but not limited to a certified copy of the death certificate, a letter of direction and notarized copy of the Certificate of Appointment of Estate Trustee or Executor [or the jurisdictional equivalents of these documents]) or restrict transactions in the Account as we deem prudent or advisable. For more information, see Survivorship above at section 14.
23. Suspension or Termination of Account or Services
We may, in our sole discretion, suspend or terminate your Account, or your access to your Account and/or the Services at any time without notice to you for any reason. Our suspension or termination will not affect any obligations or liability you have under these Terms and Conditions. There are no fees or associated costs for such termination of your Mobile Banking or Online Banking services .
24. Dormant Accounts
Your Account will be considered dormant if you have not signed into and completed a transaction in your Account in 24 months. The account will be deactivated, and you will be required to contact us at 1-587-760-0587 to reactivate your Account. “Transaction” is any transaction initiated by you, including but not limited to, deposits, withdrawals, bill payments, EFTs and Interac e-Transfers®, or (ii) a sign in to Online or Mobile Banking, and includes your receipt of interest in the Account.
If your Account is dormant and has no positive balance, it will be closed without notice to you.
If your Account is dormant and the balance is greater than $0, you will receive a Dormant Account Notice. These notices will be sent to your address registered to your profile after the first two year, five year, and nine year periods of inactivity. The notice after the nine-year period of inactivity will include information on how to reclaim funds. Interest will be paid until the Account is closed.
Accounts that remain inactive after 10 years where the balance remains unclaimed will be closed and the balance transferred to the Bank of Canada. Balances are transferred to the Bank of Canada once a year, on or about December 31. To claim an account balance transferred to the Bank of Canada, you must file a claim with the Bank of Canada.
25. Changes to these Terms and Conditions
Changes to these Terms and Conditions may be made by us at any time and without prior notice to you unless advance notice is required by law. When changes are made, notice of the change will be posted on the Message Centre located inside your digital banking app, on our website, and/or sent to the email address associated with your Account. You agree that if you access or have funds on deposit in any Account, you will be deemed to accept the change. You can obtain a copy of the current Terms and Conditions by visiting our website. You may refuse the change by terminating these Terms and Conditions and closing your Account without cost, penalty or cancellation indemnity by notifying us within 30 days of the effective date of the change.
You acknowledge that we may, from time to time, make special offers or promotions available to some or all of our customers with or without notice. You acknowledge that we reserve the right to amend, withdraw, suspend or terminate such special offers or promotions in our sole discretion without notice.
26. Responsibility
Haventree Bank offers no guarantee regarding Online Services or services that may be delivered in any other way and cannot be held liable for any acts or omissions that occur online, by telephone or in any other channel. You understand and acknowledge that the availability of the Internet and telecommunications networks is inherently unpredictable and may be affected by routine maintenance, equipment malfunctions, systems overload, software defects, power failures, weather-related events, natural disasters, cyberattacks, or other causes beyond our reasonable control. You shall not hold Haventree Bank liable with respect to delays, damages or inconveniences caused by the failure or malfunction of the Online Services or by your inability to gain access to it. You shall settle directly with a billing company any claim or dispute related to a transaction. Haventree Bank shall not be liable for the failure of a billing company to register the payment of any bill which you have made by means of the service, nor shall it be liable for any extra costs, including interest penalties, charged by a billing company.
Haventree Bank will not be held responsible for any disputes with a beneficiary including a dispute resulting from the beneficiary not receiving payment for any reason, charging you fees or penalties, not providing the purchased goods or services or claiming such goods or services are unsuitable.
Haventree Bank shall not be held liable for any losses or damages (including without limitation direct or indirect, special, incidental or consequential, exemplary or punitive damages, losses or expenses) resulting from the services, the inability to use the services, any defects in performance, errors, omissions, interruptions, delays in operations or transmissions, computer viruses, failure or breakdown of systems or lines, loss of data, unauthorized use or reproduction of the site or information on the site, even if Haventree Bank or its representatives are informed of the possibility of such damages, losses or expenses.
You acknowledge that any dispute with a merchant or issuing company or any third party will be settled directly between the merchant or the issuing company or third party and you.
27. Limitation of Liability
We are not responsible for any losses, costs, damages or any failure to obtain any profit in connection with your use of your Account or with any other of our products or services, without limitation and however caused, unless we were grossly negligent. If we were grossly negligent, you will not hold us liable for any indirect, special or consequential damages (including lost profits). You will be responsible for any loss, cost or liability (including reasonable legal charges) incurred by us as a result of your failure to comply with these Terms and Conditions.
28. Language
The registered owner agrees that the application and all documents relating to the GIC will be issued in English or French. La version française de la Convention est disponible ici: [LINK]. Vous confirmé que suite à la remise de la Convention en français, vous avez expressément demandé de la recevoir ainsi que tous les documents s’y rattachant en anglais. The French version is available here: [LINK]. Having been provided these Terms and Conditions in French, you confirm that you expressly requested to receive it and any related documents in English.
29. Deposit Protection
Haventree Bank is a Member of the Canada Deposit Insurance Corporation (“CDIC”). Haventree Bank deposits and GICs are eligible for deposit insurance from CDIC subject to maximum coverage limitations as outlined in CDIC’s brochure “Protecting Your Deposits.” To learn more, visit CDIC’s website at www.cdic.ca or contact them directly at info@cdic.ca or 1-800-461-2342.
30. Complaints
At Haventree Bank, we are committed to providing the best possible service to all our customers. We understand that sometimes you may have concerns. We want to handle your complaint in the most efficient and professional manner possible. For more information, please visit https://www.haventreebank.com/en-CA/support/submit-a-complaint
Haventree Bank is dedicated to engaging with the public and its customers in a just and equitable manner, and we strive to answer enquiries quickly and clearly. We strictly prohibit any coercive behavior that involves undue pressure or otherwise taking advantage of a person.
Haventree Bank does not tolerate abusive, threatening, harassing or discriminatory conduct or language in any communications with our staff. In such instances, we reserve the right at our sole discretion to suspend or terminate the interaction, refuse further services through the channel in question, and take any other action we consider necessary in the circumstances.
31. Modifications to these terms
We may from time to time change the terms and conditions. We will give you a written notice of any changes as required by law. Should you have questions about the terms and conditions of this Agreement, you may contact a Client Service team member at 1-587-760-0587.
32. Conflict of terms
If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the terms in any other agreement between you and us, these Terms and Conditions prevail and the parties shall take any necessary steps to conform the inconsistent terms to the provisions of these Terms and Conditions.
33. Severance
If any part of this Terms and Conditions is held to be unenforceable for any reason, the unenforceable portion of the Terms and Conditions will not affect the enforceability of the remainder of the Terms and Conditions, which will continue in full force and effect as if this Terms and Conditions had been executed without the unenforceable portion.
34. Jurisdiction
This Terms and Conditions, the Services, and the operation of the Account will be governed by and construed in accordance with the laws of the province or territory in which you reside, and by the laws of Canada applicable therein. You agree to submit to and be bound by those laws and the courts of that jurisdiction.
35. Trademarks
The trademarks, trade names, services marks, logos and all other indicators of source of any kind used or displayed on the Sites, including Haventree Bank (the “Trademarks”) are registered and unregistered trademarks of Haventree Bank, its affiliates or its licensors. Nothing in these Terms of Use should be construed as granting any license to use or display any of the Trademarks without our express written permission or permission from the applicable trademark owner. Unauthorized use or display of any of the Trademarks is prohibited and may be a violation of domestic and foreign trademark laws. You acknowledge and agree that you do not acquire any rights, title or interest in or to the Trademarks using the Sites, or the Content and services available thereon.
36. Other Trademarks
Third party content such as words and symbols are trademarks and the property of the third parties listed below.
Interac® - Trademark of Interac Inc. Haventree Bank is an authorized user of the trademark.
Haventree Bank is a trade name of Haventree Bank.
Haventree Bank Electronic Disclosure Policy
How it works: Haventree Bank (“we”, “us” or the “Bank”) must obtain your consent before delivering to you electronically any notices and other documents that are required by law. Because we are a digital (or online) bank, if you do not consent to electronic delivery, you will not be able to open an account with us. Revoking your consent to have Documents delivered to you will also result in the closure of all your banking accounts with us. For Haventree mortgages and loans, your consent cannot be revoked once the loan is funded. Your consent takes effect immediately upon clicking “I Agree”.
Where to find your documents and how long we keep them for: The Documents section of our haventreebank.com website contains the following documents and disclosures: statements, tax documents, loan agreements, and other key disclosures. We will keep a copy of all Documents provided to you for the entire time you maintain your Account with us and for a minimum period of 5 years after you cease to maintain your Account with us. We reserve the right to provide you with Documents by paper delivery if we are unable to provide electronic delivery, have reason to believe you may not have received the Document, or if we, in our sole discretion, otherwise consider it appropriate. Any paper delivery will be provided to you at the most current mailing address that we have on file for your Account.
Your obligations to review Documents: You agree to access your Haventree online banking profile at least once per month to review Documents. If you have any issues accessing your online profile, please reach out to us at 1.855.272.0051.
Email messages: From time to time, we may send non-secure messages to you by email. The nature of these messages will typically be alerts and notifications. Personal information or information that is a confidential or sensitive nature is never sent by us to you by email. Non-secure messages will be sent to the email address that we have for you in our records. Please remember to notify us of changes to your email address immediately, so we may continue to provide you with this service.
Amendments to this Policy: We may change the terms of this Consent at any time by providing you with notice of change through electronic or paper delivery. You agree that your subsequent use of our Services means you agree to and accept any revised terms and conditions.
Limitation of Liability: You agree that your Documents and any online notifications through the Haventree Banking App may be delayed, not delivered or inaccurate due to a variety of factors, including technical problems. Subject to the governing law of your jurisdiction, we will not be liable for any direct or indirect damages arising out of your use or inability to use the alerts, regardless of the cause, including negligence, even if we are advised of the possibility of such damages. For non-secure messages, you accept the risk that the alert messages may be lost, intercepted, reviewed or altered by others.
Haventree Bank Hold Funds Policy
This Policy is based on the regulations set in the Bank Act, and the rules established by Payments Canada. For the purposes of this policy, “cheque” also includes Electronic Funds Transfers (“EFT”), certified cheques, bank drafts, money orders and other instruments.
How it works
When you make a deposit into your Everyday Growth Account (“the Account”), your Account is instantly credited for the amount of the cheque. However, you may not be able to access the full amount from that deposit immediately. Subject to special circumstances, Haventree will make the first $100 of a deposit available top you on the next business day, placing the balance on hold so that we may verify that the funds are available in the issuer (or originating) bank account. This period is known as a “Hold Period”. During the Hold Period, we may limit the amount you are allowed to withdraw in accordance with applicable laws, and you may not be able to transfer (EFT or Interac e-Transfer®) or pay bills using funds that are subject to a hold. Funds on hold still earn interest. Weekends and holidays may affect the Hold Period. The length of the Hold Period will vary depending on the amount, currency, and the method used to deposit the cheque (i.e. mobile or ABM). The normal length of time Haventree Bank will hold funds is five (5) business days after the date of deposit but some cheques may be held for up to eight (8) days. The maximum hold periods for encoded Canadian dollar cheques or items drawn on a Canadian financial institution are listed below:
Amount of Deposit | Maximum Hold Period |
$1,500 or less | 5 business days after the day of deposit |
Over $1,500 | 8 business days after the day of deposit |
If we accept a cheque drawn on a financial institution that is outside of Canada, it can be held for up to thirty (30) days. The expiry of the Hold Period means that you can access the entire amount of your deposit, but it does not guarantee that the cheque will not be returned to us. You are responsible for any and all items that you deposit with Haventree Bank, and if a cheque is returned unpaid at any time (for example, due to insufficient funds, a stop payment order or a forged signature) either during or after the expiry of the applicable Hold Period, we may charge the amount of the cheque or item to your Account. If funds on hold are reversed, interest will be recalculated. Exceptions Haventree Bank may withhold access to the first $100 and/or it may extend the maximum Hold Period if:
Haventree Bank has reasonable grounds to believe a deposit is being made for illegal or fraudulent reasons;
Haventree Bank has reasonable grounds to believe there may be illegal or fraudulent activity in relation to the account;
the Haventree Bank Cash Account has been open for less than 90 days;
the cheque being deposited has been endorsed more than once;
the cheque is deposited six (6) months or more after it was dated; and/or,
the cheque is not encoded with magnetic ink character recognition or is not readable by clearing and processing systems (e.g. has damaged or mutilated encoding).
This Hold Funds Policy is subject to the agreements that govern your Everyday Banking Account with Haventree Bank. Should you have any concerns regarding this policy, please contact us.
Haventree Bank GIC Agreement
Introduction
These are your Guaranteed Investment Certificate (“GIC”) terms and conditions (the “GIC Terms”). They apply to each term deposit or GIC investment you make with Haventree Bank (“Haventree”, “we” or “us”) and that we issue or renew. By completing the online application for the purchase of a Haventree GIC and contributing to your Haventree GIC, you agree to be bound by these terms.
Please review this Haventree GIC Agreement and all other related or referenced Documents carefully as they affect your rights and obligations.
Please retain a copy of this GIC Agreement for your records, or you can access your disclosures in your [Haventree Document Centre].
1. Language Consent
The registered owner agrees that the application and all documents relating to the GIC will be issued in English or French. La version française de la Convention est disponible ici: [LINK]. Vous confirmé que suite à la remise de la Convention en français, vous avez expressément demandé de la recevoir ainsi que tous les documents s’y rattachant en anglais. The French version is available here: [LINK]. Having been provided these Terms in French, you confirm that you expressly requested to receive it and any related documents in English.
2. Eligibility
To be eligible to open and invest in an Haventree GIC, you must: (i) be a Canadian resident with a permanent Canadian address; and (ii) meet the age of majority in your province or territory of residence.
3. Purchases
You must have an individual Haventree Bank Everyday Growth account in order to purchase a GIC using the available amount in the Everyday Growth account. You will not be required to use the account for any purpose other than to fund the purchase of the GIC(s). There are no fees or costs to opening the Account. However, the terms and conditions applicable to the Account will apply. Haventree Bank does not accept cheques or cash to directly fund GICs, however you can deposit a cheque or cash into the Everyday Growth Account and thereafter use those funds to purchase a GIC.
Second, with respect to cheque deposits, while I understand that Haventree Bank does not accept cheques directly to fund GIC purchases, it may be clearer to specify that cheques deposited into a Everyday Growth Account must first be fully cleared before the funds can be transferred and used to purchase a GIC. Clarifying this distinction may help avoid any client confusion.
We will provide you with a summary of your GIC investment at the time of purchase to your [Haventree Document Centre]. The summary shows the detail of the GIC, including the principal amount, term, maturity date and rate of interest. If you are investing in a GIC with one or more other persons, the GIC will be considered jointly-held, meaning all persons on the GIC will have signing authority on the GIC and act as an agent for the other(s). Any person will be able to accept interest or withdraw funds, make account changes (as permitted by these Terms) and give us instructions on what to do with the funds without consulting the other(s) person(s) on the GIC.
4. Grace Period
You may cancel your purchase of any GIC in the 24-hour period immediately following your purchase (the “Grace Period”) directly in the Haventree Bank app, however, if the GIC is cancelled, it will not earn any interest. Once the Grace Period has elapsed, you will not be able to redeem your investment without forfeiting accrued and unpaid interest.
5. Interest and Payments:
Interest begins from the day the certificate is issued up to and including the day prior to the maturity date. For GICs greater than a 1-year term, you can select the GIC to payout the interest, “At maturity” or “Annually”. GIC interest will be calculated at the end of each day based on the rate for the GIC term. The GIC principal and interest will be paid out to the account that was used to fund the GIC purchase. You will be able to view the Haventree account in the GIC details view.
Interest that is paid “At maturity” will be compounded and paid out on the maturity date of the GIC to the account that was used to open the GIC.
Interest that is paid “Annually” will be paid out on the first business day of every year for the remainder of the GIC Term to the account that was used to open the GIC.
6. Auto Renewal
You can select autorenew at the time of purchase and any time before the investment reaches the maturity date[KJ3.1][SL3.2] (the day before the GIC reaches maturity would be the last day to enable/disable automatic renewal). You can also choose to opt out of autorenew any time before the GIC matures. If you choose to automatically renew the same Term, the rate will be dependent on the rate the day the GIC is renewed. You will have 15 days from the day of the auto-reinvestment to cancel the GIC. We will provide you with notice of any upcoming renewal.
7. Maturity
Unless otherwise instructed by you, at maturity the principal and accrued interest on your investment will automatically be reinvested for the same term at the then prevailing interest rate. If you have selected to reinvest as part of your maturity instructions to us at the time of purchase, we will send you two (2) notifications electronically to your [Haventree Message Centre]. These notices will be delivered 21 days and 5 days prior to the maturity and reinvestment of your GIC.
Redemptions/payments are made to the registered owner into the account that was used to fund the GIC. If there are two or more registered owners and they are identified as joint tenants with rights of survivorship, Haventree Bank can take instructions from any one of the owners concerning matters in connection with this investment. If the owners are identified as joint tenants in common, Haventree Bank may require instructions authorized by all parties. More information can be found here:
Paid interest or interest that has accrued on investments in excess of 1 year is considered taxable to the registered owner in the year in which it is earned. Haventree Bank will issue a T5 tax receipt for those amounts more than $50.
8. Term Adjustments
Haventree Bank reserves the right to adjust the term requested by one to three days to have the deposit(s) mature on a business day.
9. Death:
In addition to the terms respecting death outlined in our General Account Terms , if we are notified of payment to the estate, accrued interest up to the date of redemption will be paid without penalty. Haventree Bank may accept a Power of Attorney that meets all applicable legal requirements. More information on what you need to know can be found here: LINK
10. Disclosures
You confirm you received our disclosure Documents and agree to be bound by the terms of these Documents including any periodic changes or replacements made by us.
11. Our Service Commitment to you
Haventree Bank is dedicated to engaging with the public and its customers in a just and equitable manner, and we strive to answer enquiries quickly and clearly. We strictly prohibit any coercive behavior that involves undue pressure or otherwise taking advantage of a person. Should you have questions about the terms and conditions of this Agreement, you may contact a GIC Service team member at 1-855-277-0051.
12. Complaints Handling
At Haventree Bank, we are committed to providing the best possible service to all our customers. We understand that sometimes you may have concerns. We want to handle your complaint in the most efficient and professional manner possible. For more information, please visit
13. Personal Information and Privacy
The registered owner authorizes Haventree Bank to disclose any personal information (i) to employees and consultants of Haventree Bank who require the information to assist us in managing your account and (ii) as permitted or required by applicable laws or regulations. Further information regarding our privacy policy can be found here:
14. CDIC Coverage
The instruments and products outlined in this document are deposits eligible for deposit insurance from the CDIC and are subject to maximum coverage limitations and provided they are payable in Canada. More information can be found here:
15. Seniors Code of Conduct
Haventree Bank maintains its Seniors Code of Conduct to help protect our senior clients from financial vulnerabilities and possible abuse, fraud, or scams. For more information, please visit .
16. Modifications to these terms
We may from time to time change the terms and conditions. We will give you a written notice of any changes as required by law. Should you have questions about the terms and conditions of this Agreement, you may contact a GIC Service team member at 1-[855-277-0051].
Mobile and Online Banking Terms of Use
Introduction
These Mobile and Online Banking terms of use (the “Terms”) govern your use of Haventree Bank’s Mobile and Online Banking Services (the “Services”). By using any of our Services, you are agreeing to the most updated version of these Terms.
These Terms become effective as soon as you sign up for our Services and will continue to apply every time you use the Services.
1. Definitions
DEFINITIONS
“Account” means any and all Haventree Bank online accounts;
“Account Agreement” means the applicable Account agreement between you and us;
“Alert Messages” means the automated security alert messages, opt-in and low balance alert messages that we may send to you securely to the Message Center accessible within the Services or by regular email to your primary email address or by text (SMS) message to your mobile phone number;
“Electronic Communication” means any communication by telephone, email, Message Centre, text message, social media, chat, fax, or other method of telecommunication or electronic transmission;
“Electronic Device” means any electronic device that we allow you to use to access our Services (for example, certain personal computers, cellular phones, telephones, smart phones, tablets or other similar devices);
“Electronic Transactions” means any transaction with respect to an Account, such as deposits and withdrawals (including bill payments), transaction cancellations, and transfers – including Interac e-Transfers®, Electronic Funds Transfers (EFTs) and internal transfers -- as well as any other transactions with respect to an Account that we may permit through our Services;
“Haventree Bank”, the “Bank”, “Bank”, “our”, “we” or “us” mean Haventree Bank;
“Interac e-Transfer® Recipient” means the person who receives a transfer of funds via Interac e-Transfer® for deposit;
“Login credentials” means the email address (registered to your profile) and password you use to log in to our Services, and may include two-factor authentication and/or biometric credential authorization measures we may make available;
“Message Center” means a secure messaging inbox, accessible through Haventree Bank Online or Mobile Banking.;
“Mobile Banking” means the mobile application through which you may sign on to the Services for use through an Electronic Device;
“Online Banking” means the Website through which you may sign on to the Services;
“Services” means services, features, functionality, content or information that we offer through Online and/or Mobile Banking that may be accessed using your Devices;
“Third Party Service Provider” means a party retained by us to act on our behalf to provide or to assist us in providing our Services;
“Unauthorized Activity” means an Electronic Transaction that was carried out in your Account through mobile or online banking without your permission, authorization, or knowledge, and where it can be established that: (i) you are a victim of fraud, theft or coercion, or (ii) the Electronic Transaction was caused by a failure, error, malfunction or technical problem of our system or equipment;
“Website” means haventreebank.com; and
“You”, “your”, “account holder” and “Client” refers to you as an owner of an Account.
2. Access to Our Services
Our Services, including your Account(s), may be accessed byOnline Banking or Mobile Banking from an electronic device. Our Telephone Client Care Representatives are available to support you seven (7)days a week. A User ID and Password are required to access our Services. Your email address will be used as the User ID.
3. Interac e-Transfer
You can transfer funds online to yourself (to and from another banking institution) and/or another person using an email address or phone number. You are responsible for providing accurate information and ensuring there are sufficient funds to complete the transfer. Further, you must respect the maximum amount and daily transfer limits established by Haventree Bank. Funds will be withdrawn from your account as soon as the transfer is confirmed – funds are held until the recipient has accepted the transfer or until the transfer is cancelled or expired. You can initiate cancellation as long as the transfer has not been accepted by the recipient and the funds have not been deposited into their account. The transfer is subject to automatic cancellation if it is refused or exceeds the 30-day acceptance period.
4. Security
At Haventree Bank, the safeguarding of your information is always top of mind. When registering with us, you will be required to verify your email and phone number. We may also employ additional tools to protect you such as strict password requirements, two-factor authentication, security firewalls and fraud detection, data encryption, device recognition, step-up verification and/or One-Time Passwords (“OTP”).
5. One-Time Passwords ("OTP”)
An OTP is a unique code that is valid for a fixed period of time. It can only be used once. Once you have registered with us, OTPs are sent only to the mobile number as registered in your profile. You must register a Canadian mobile number to receive an OTP. On occasion, we may send you an OTP in order to complete the login process or certain Electronic Transactions. The OTP will expire after a set period of time.
Using a new device to access your Account(s), processing large Electronic Transactions, changing your personal information, resetting your Password, or adding an Interac e-Transfer® recipient are a few examples of actions that may prompt the use of the OTP.
6. Alerts
Alerts may be sent securely to the Message Centre accessible through our Mobile or Online Banking applications, by regular email to your email address, by text message to your mobile phone number, or by a push notification sent to a mobile device. You understand that messages exchanged with us may be subject to standard data and text messaging fees charged by your mobile service provider.
Alerts may be sent automatically when particular changes to your Account(s) are made, such as:
Your password has been changed
Your physical address or email address has changed
The balance of your Account falls below $100 in the currency of your Account(s), or other amount specified by you
Alerts are a key part of Mobile Banking and Online Banking, you cannot opt-out of receiving certain Alerts. In these cases, you consent to the delivery of Alerts by the method chosen by us, including email or text message, to the email address or phone number you have provided.
You may choose to receive opt-in Alerts regarding other Account or banking activity, which Alerts will be delivered by email or text message. Occasionally we may add new Alerts without prior notice to you or may discontinue existing Alerts by providing notice 30 days prior to deactivation.
You are responsible for keeping your mobile phone number up to date with us.
7. Electronic Communications
You agree to receive electronically through our Mobile Banking and Online Banking services any documents or communications related to your Accounts. These documents will be provided to you as and when we make them available electronically.
You may receive the following electronically:
Account notices and statements
Account agreements
We will notify you by email when we receive a new statement or document. You are responsible for safeguarding the documents and updating your contact information. The documents are available through our Online Banking services.
8. Communications via Mail
At the discretion of Haventree Bank, and when provided for by law, you may choose to receive certain documents by mail. You may view your preferences via our Mobile Banking and Online Banking services. Additional charges may apply for documents sent via mail.
9. Liability of Haventree Bank
Haventree Bank will only be liable to you for direct damages resulting from any fraud, gross negligence or willful misconduct on the part of Haventree Bank arising directly from the performance of Haventree Bank and its responsibilities under its agreement with you.
Haventree Bank will not be responsible for any direct, indirect, special, punitive or consequential damages however caused, arising out of your use of the Services, including damages resulting from or related to the installation, use, or maintenance of personal computer, equipment, software, or if there is a reduced level or failure to provide any service caused by any Third Party Service Provider that we may make available such as any communication networks. Haventree Bank shall not be liable for any third-party claims or losses of any nature, including lost profits, punitive or consequential damages.
Haventree Bank will not be accountable for any loss or damages you may suffer if you fail to protect your login credentials, your mobile device, your personal information, and/or if you fail to disable Alerts or other notices sent to your mobile device from us.
We are not responsible and will not reimburse you for losses to your Account(s) if:
You do not comply with any of your security obligations, or you do not comply with any instructions we may provide to you in connection with Mobile Banking and Online Banking;
You engage in any fraudulent, criminal, or dishonest acts;
You access Mobile Banking or Online Banking via an Electronic Device that you know or reasonably should know contains software that has the ability to compromise your login credentials;
You access Mobile Banking or Online Banking via an unsecure connection;
You carry out an Electronic Transaction, including if the Electronic Transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us; or
You consent to, contribute to or authorize an Electronic Transaction in any way.
10. System Accessibility and Accuracy of Information
Although we do our best to ensure that our Services are always accessible and contain accurate and up to date information, we are providing them without warranty of any kind, either express or implied. We cannot ensure our Services will always be available, access will never be uninterrupted, there will never be delays, failures, errors, or loss of transmitted information, the software we use will be compatible with your system, no viruses or other contaminating or destructive properties will be transmitted, or no damage will occur to your own computer system.
Due to the digital nature of our Services, and for data protection and security purposes, we may require system updates to your Electronic Device to maintain their compatibility with our software. You may be unable to use our Services or Website without these periodic updates.
We reserve the right to change the information, material and content found in the pages of the Website, at any time, and without prior notice. You agree to review these terms periodically, and your continued use of the Services will tell us that you have agreed to the changes.
YOUR RIGHTS AND OBLIGATIONS
11. Security Obligations
You are responsible for the safekeeping of your login credentials. This includes but is not limited to:
memorizing your password;
avoiding a password which may be easy for someone to guess or which is directly associated with you;
taking the steps necessary to safeguard your email, devices, and password, including exercising caution when keying in or speaking at a telephone or Electronic Device;
protecting yourself from phishing by not responding to pop-ups, emails or other electronic requests that ask you to reveal personal information about yourself or your Haventree Bank accounts, and by not clicking on links in or replying to emails that seem suspicious; and
not sharing your password with others.
You must notify us by telephone immediately if:
your login credentials were disclosed to, or obtained by, anyone else or may be known by anyone else;
that Unauthorized Activity of our Services may be occurring or has occurred; or
the loss, theft, or misuse of a mobile device that you registered with us for the Services
GENERAL TERMS OF USE
12. Changes to these Terms
We may change these Terms at any time, without prior notice unless advance notice is required by law. When changes are made, notice of the change will be posted on the Message Centre or on the Website. We may also send you an email about the notice to the email address associated with your Account(s). Your use of our Services after we post the notice means that you agree to and accept this Agreement as amended. If you do not agree to a change in this Agreement, you must notify us and immediately stop using the Services.
13. Changes to the Services
You acknowledge that we can add, remove, or change any part or feature of the Services, including Mobile Banking, Online Banking and the Website, without giving prior notice to you.
14. Termination
You may suspend our Mobile Banking and Online Banking services at any time by contacting us.
We may terminate your Account or withdraw your access to Mobile Banking or Online Banking at our sole discretion at any time and for any reason whatsoever, without notice to you.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the province or territory in which you reside, and by the laws of Canada applicable therein. You agree to submit to and be bound by those laws and the courts of that jurisdiction.
16. Acceptable Use
Our Services shall not be used in any way that is or may reasonably be considered to be, generally abusive, illegal, immoral, unethical, defamatory, profane, obscene, pornographic, libelous, hateful, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual. Our Services shall also not be used in any way that: (i) jeopardizes the confidentiality, integrity, or availability of our technology, information resources, or intellectual property, or (ii) comprises our tangible or intangible assets, including our name, reputation, or trademarks. Behaviour that would be considered a criminal offence, that would give rise to civil liability, or that would otherwise violate any law or regulation is strictly prohibited.
Haventree Bank and all parties involved in creating, producing or delivering our Services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.
17. Language
For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.
18. Conflict of Terms
If there is any conflict or inconsistency between this Agreement and your Account Agreement, the Account Agreement shall prevail and the parties shall take any necessary steps to conform the inconsistent terms to the terms of the Account Agreement.
19. Trademarks and Copyrights
Product names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Website or within our Mobile Banking and Online Banking applications may represent trade names, trademarks or service marks of Haventree Bank registered in Canada. The display of trademarks on the Website or on other Services does not suggest that a license has been granted unless specified otherwise by us.
All information found in the pages of the Website or within our Mobile Banking and Online Banking are protected under the copyright laws of Canada and in other countries. Unless otherwise specified by us, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of the Website or within our Mobile Banking and Online Banking.
Haventree Bank is a trade name of Haventree Bank.
Interac e-Transfer® is a trademark of Interac Corp., used under license.
Privacy Statement
Our commitment to privacy
Haventree Bank (“we”, “us”, or “Haventree Bank”) is committed to maintaining the accuracy, confidentiality, and security of your personal information. We value the trust you have placed in us and wish to provide assurance that nothing is more important to us than the security and appropriate use of your personal information.
This Privacy Statement (the “Statement”) is designed to inform you of the policies and practices we have put in place to manage your personal information as well as the rights you have with regard to the protection of your personal information. We encourage you to read this Statement so that you can better understand how we collect, use, disclose, and protect your personal information and how you can exercise your rights.
Accountability
We have appointed a Chief Privacy Officer to oversee compliance with our privacy obligations and commitments. You may contact our Chief Privacy Officer, using any of the methods below, with any questions about our policies and practices with respect your personal information:
Haventree Bank – Chief Privacy Officer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Mailing Address | Haventree bank Attn. Chief Privacy Officer PO Box 1160, STN TD, Toronto, ON M5K 1P2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
If you have any concerns about the handling of your personal information, you may follow the procedures outlined on our website to make a compliant - Complaints Handling | Haventree Bank.
You may also contact the relevant regulatory authority, e.g., the Office of the Privacy Commissioner of Canada if you have concerns about our adherence to applicable privacy legislation or the principles set out in this Statement.
What is personal information?
Personal information is any information relating to a natural person, including prospective, existing and former clients, business partners, and employees, which allows that person to be identified, either directly or indirectly.
Personal information does not include business contact information such as name, title or business address or business telephone number of an employee, broker, other contracted distributor or an organization used for communicating with the individual in relation to their employment or business.
Examples of personal information include:
Individual name, date of birth/age, mailing or residential address, phone number, email address, occupation, and marital status;
Education and employment information, tax forms, health & safety records;
Credit bureau information, Social Insurance Number, bank statements, void cheques and balances, assets and liabilities, income/compensation;
Biometric information (e.g., voice recording, fingerprints, facial images, signature, etc.);
Health information including disability;
Other personal information (e.g., click activity, apps used, etc.), dietary preferences religious beliefs, race or ethnicity, political affiliations, sexual orientation;
Partial IP address, device location, browser activity (for details, please see the section on Cookies, below).
Obtaining your consent
We only use your information with your consent or as authorized by law. When obtaining consent for the collection, use, or disclosure of your personal information, we will clearly indicate which information is required (i.e., necessary for the provision of a product/service) and which information is optional. In either case, we will provide you with enough information to enable you to give informed consent to the collection, use, or disclosure, as required by law. Specifically, we will obtain your consent when:
you request a new product or service
you apply for employment with Haventree Bank
we need to use your information for another purpose than the ones for which you have already provided your consent
However, we do not obtain consent for every interaction with you. For example, if you have a mortgage with us, we may automatically consider that you consent to be contacted for a renewal. In addition, we do not obtain your consent in some situations provided by law, in order to:
comply with a court order or other enforcement request
to collect a debt
investigate a breach or contract or law
prevent, stop or detect fraud
How we collect your personal information
Haventree Bank will not collect personal information unless it is necessary to fulfill the purposes set out in this Statement. See “How We Use Your Personal Information” below and “How We Transfer and Disclose Your Personal Information” for a full list of purposes of use and categories of third parties to whom we disclose personal information. Personal information is collected primarily through our website and digital application form(s), cookies, third party brokers and credit bureaus when you perform one of the following actions:
Apply for a Haventree Bank product or service;
Apply for a job with Haventree Bank;
Respond to electronic surveys sent by or on behalf of Haventree Bank;
Speak with our representatives;
Use our mobile application; and/or,
Visit our website.
In some circumstances, we collect your personal information from third parties, namely when:
Communicating with a broker or third party acting on your behalf;
Obtaining credit history information from credit bureau reports; and
Reviewing publicly available sources or records;
Collecting supporting documentation during the underwriting process (e.g., where your personal information is listed on separation agreements or wills); and
Validating your income and/or employment history by contacting previous and/or current employers.
If you are applying for a mortgage with us, we may need to request information about spouses, common law partners or dependents, authorized users of your account(s), intermediaries, or other parties as required by law or regulation. Likewise, if you apply for a Cash Account with us or GIC, we may request the name of your beneficiary. If you provide us with information about another individual, we will assume you have the authority to provide this information and have obtained their consent to its collection, use, and disclosure for the purposes set out in our Privacy Statement. Personal information about you is also generated by Haventree Bank in setting up and servicing your account(s). For Haventree Bank employees, personal information is also generated in the form of performance reviews and cybersecurity risk assessments.
The personal information we collect
The personal information we collect about you is summarized below, separated by relevant personas.
Mobile Application Users without Log-in Site Visitors without Log-in | We collect only aggregated information (above a visitor threshold) that does not allow us to identify individual visitors, namely: Mobile device information IP address Session statistics Approximate geolocation Client ID to identify recurring users Interests Age range Gender IP Address No information is gathered about other third-party sites the visitor has accessed. |
Site Visitors with Log-in | Email, name and contact information -in credential (passwords are hashed) Haventree Bank sites and pages visited and time spent No information is gathered about other third-party sites the visitor has accessed. |
Email Recipients | IP Address Location data Links clicked Time email was opened |
Potential Borrowers and Accountholders | Name Contact information Government identification, including SIN, if provided Date of birth Signature Credit and financial information Banking information Employment history, including income and contact information Marital status Assets and liabilities, including investment details Tax information Voice recordings Business name, business address, business telephone number, business email address, name(s) of owner(s), officer(s) and director(s); industry type and financial status (for business clients) |
Borrowers | Same as ‘Potential Borrowers’ Information related to the mortgage over time Credit score development |
Accountholders | Same as ‘Borrowers’ Social Insurance Number |
Donors – Down Payment | Name Contact information Date of birth Signature Occupation |
GIC Client Name Depositors | Name Contact information Government identification, including SIN Date of birth Signature Banking information Employment information Identification information from credit report, if applicable Business name, business address, business telephone number, business email address Whether citizen for tax purposes of another country In case of early redemption requests, where applicable, medical information, death certificates, and last wills |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | Name Contact information Government identification Employment information Credit and financial information Signature Date of birth Tax information (for trust beneficiaries) Banking information, as needed Identification information from credit report, if applicable |
Third Parties to Client Accounts (including Power of Attorneys) | Name Where applicable: Contact information Date of birth Employment information SIN Insurance and inheritance information Banking information Identification information from credit report Whether citizen for tax purposes of another country Signature |
Mortgage Brokers | Same as ‘Email Recipients’ Deals performed and commission earned Signature Voice recordings |
Deposit Brokers, Signors of Proof of Employment Letters, and Representatives of Third-Party Vendors | Name Contact Information Signature |
Job Applicants | Name Contact information Employment history Education Information Work permission Cognitive and behavioral assessment Results of background checks, if applicable References Signature |
Employees | Same as ‘Job Applicants’, and Work performance information Salary and tax information Inclusion and Equity information (optional) Medical notes Banking information Results of background checks Voice recordings Images captured by our CCTV cameras around the office |
Independent Contractors | Name Contact information Signature Banking information GST/HST Number Work permission Results of background checks. |
When you open an account that generates interest income, such as a Haventree Cash Account or GIC, you are required to provide your Social Insurance Number for tax purposes. You are not required to provide your Social Insurance Number for other types of accounts such as a mortgage. We will also collect information regarding your reason for doing business with us and your language and communication preferences. IMPORTANT: We limit the collection of your information to what is necessary to help us serve you properly.
How we use your personal information
Based on your relationship with Haventree Bank, your personal information may be used for the purposes outlined below. Before using your personal information for any optional purposes, we will seek your express and informed consent. For more information about how consent is obtained, see “Obtaining Your Consent” above.
Personas | Necessary purposes | Optional Purposes |
|---|---|---|
Mobile Application Users | Provide access to our mortgage and deposit services | N/A |
Site Visitors with Log-in | N/A | Determine which content is interesting to our audience and whether navigating our website is intuitive and easy. |
Site Visitors with Log-in | Provide access to our broker/borrower portals. | Determine which content is interesting to our brokers/borrowers and whether navigating our website and portals is intuitive and easy. |
Email Recipients | N/A | Personalized marketing. |
Potential Borrowers | Assess eligibility for our products and services. | N/A |
Borrowers | Verify your identity and validate the accuracy of the information collected on you; . Assess your financial situation and creditworthiness; · Communicate with you to provide you with information related to the products and services you hold with us, or to collect on a debt owed to us; · Perform data analysis to help us determine your interest rate, eligibility for a mortgage renewal, a refinancing, or for other products and services, and to improve our products; · Prevent and detect fraud, as well as unauthorized or illegal activities (money laundering, cyber threats), etc.; · Manage risk, including credit and business risks and comply with legal requirements, such as “know-your-client” obligations and anti-money-laundering requirements; · Fulfil tax and financial reporting obligations; and · Exercise our rights under this Mortgage Commitment, for example, the right to transfer, sell, and assign the Mortgage. | · Personalized marketing; · Transfer to original broker for renewal purposes; and · Enrollment in optional products/services. |
Donors – Down Payment | · Confirm that the donated funds are a genuine gift; and · Comply with legal requirements, such as “know-your-client” obligations and anti-money-laundering requirements. | N/A |
GIC Client Name Depositors | · Verify your identity and validate the information collected on you; · Assess eligibility for early redemption, where applicable; · Prevent and detect fraud against you and assess and manage other risks; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations. | N/A |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | · Verify your identity and validate the information collected on you; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations. | N/A |
Third Parties to Client Accounts (Including Power of Attorneys) | · Verify your identity and validate the information collected on you; · Comply with legal requirements, such as “know-your-client” obligations; and · Fulfil tax and financial reporting obligations; · Verify investment accounts bearing your name; and · Issue payments, if so instructed. | N/A |
Mortgage Brokers | Administer the broker relationship. | · Personalized marketing; and · Enrollment into our Loyalty Program. |
Deposit Brokers | Administer the broker relationship. | Personalized marketing. |
Job Applicants | · Assess suitability for employment; and · Make automated decision about you; and · Verify the information provided to us during the application process. | N/A |
Employees | · Administer the employment relationship; · Administration of business travel, where applicable; and · Meet reporting and tax obligations. | Enrollment in health, dental, and other group benefits programs. |
Independent Contractors | · Administer the contract relationship; · Administration of business travel, where applicable; and · Meet reporting and tax obligations. | N/A |
Signors of Proof of Employment Letters | Verify a potential borrower’s employment. | N/A |
Representatives of Third-Party Vendors | Administer the third-party vendor relationship. | N/A |
How we transfer and disclose your personal information
HTB Employees
Your personal information will be accessed by Haventree Bank’s employees and consultants who have a legitimate business purpose for using it.
For example, we may disclose limited employment-related information (such as confirmation of employment status) to third-party service providers like benefits and/or insurance brokers, insurers, sponsors or program administrators for the purpose of validating eligibility for benefits, programs, or services.
Unauthorized access, use, and disclosure of information by an employee or consultant is strictly prohibited. All employees and consultants are required to maintain the confidentiality of personal information at all times.
Fraud Prevention and Verification
To detect fraud and protect you and Haventree Bank against fraud and unauthorized access or activity, we may research and verify the phone number, email address, or other contact information you provide to us. This verification may include consulting third-party databases and fraud prevention services and public records.
Service Providers and Third Parties
In order to fulfil some of the necessary purposes outlined in the section above, we transfer or disclose your personal information to other parties including select service providers for legitimate purposes. For example, your personal information may be required by law, to respond to valid and authorized information requests from domestic and international authorities, necessary to protect your interests in the event of fraud. At all times, we are committed to limiting the information to what is necessary and obtain your consent before disclosure, where required.
Service Providers are thoroughly vetted through privacy impact assessments and are committed to protecting your personal information to the same standards that we do. They are required to sign a confidentiality agreement with Haventree Bank and agree to use your information only for the purposes stated in the agreement.
Several of our service providers arrangements require that your personal information be transferred and stored outside of your province of residence. In such instances, an assessment of the relevant jurisdiction will be conducted and appropriate measures will be taken to ensure that your personal information will be held to the same standards as the province you reside in.
Select the options from the menu below to learn more about the categories of service providers to whom we may transfer your personal information, and for what purpose.
Site Visitors
Categories of Service Providers | Description of Service/Purpose of Disclosure |
|---|---|
Data analysis services | Assists us in extracting, validating, and analyzing data to improve our website content and experience. |
E-signature services | Cloud-based e-signature services that allow us to replace paper and ink signature processes with fully automated electronic signature. |
Name screening services | Allows us to comply with “know-your-client” regulatory requirements. |
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Gateways to underwriting system | Assists us in ingesting mortgage deals into our underwriting system. |
Loan originations and title insurance services | Enables us to obtain property and title information, including property valuation appraisals, for collateral pledging on our behalf as well as provide life/hazard/title insurance for loan underwriting purposes. |
Infrastructure as a Service | Provides data storage and transmission services to Haventree Bank. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Credit Bureaus | Provides credit reports on our clients for the purpose of assessing their financial suitability for a loan. Haventree Bank also provides mortgage loan information pertaining to the client to the credit reporting agency. |
Software as a Service | Assists us in income verification and total debt service ratio calculation. Facilitates the exchange of documents and communications with brokers during the underwriting process. Provides customer relationship management, customer onboarding, account opening, loan origination, deposit accounts, workflow, credit analysis, enterprise content management, and instant reporting capabilities. |
Location Intelligence providers | Assists us with our analytics based on property location data and loan type. |
Employers in relation to this application | To obtain information to support the mortgage application. |
Data analysis and verification services | Assists us in extracting, validating, and analyzing data from business income statements to make the data more digestible for underwriting. |
Payment services | Transmits loan funding to the lawyer of the seller of real estate properties and handles mortgage enforcement proceedings. |
Postal and shipping services | Enables us to mail documents related to our products and services to clients. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, and consultants | Represents Haventree Bank in relation to our loan contracts; handles mortgage enforcement proceedings. |
Funding service providers | Allows us to instruct solicitors, review documents, and release funds. |
Property identification number (PIN) monitoring and verification services | Provides monitoring and verification of PINs and daily reports. |
Property tax servicing | Manages property tax servicing functions, and assumes full responsibility for timely payment of municipal property taxes on behalf of Haventree Bank and the borrower. |
Other financial institutions | Remittance processing or to verify information such as your identity and income. |
Audio and phone services | Provides customer service voice recordings, sentiment analysis, and phone call management. |
Title custodians | Provides loan securitization services. |
Customer service skills training | Assists in training Haventree Bank staff to improve phone and email customer service skills. |
Broker Loyalty Program | Administers the loyalty program for mortgage brokers based on their deals with Haventree Bank. |
Property Management services | Manages properties that we have possession of and completes occupancy checks. |
Legal actions platform | Allows for communication and document sharing with law firms across Canada, hosted by a third-party vendor. |
Foreclosure and sale assistance services | Assists with the sale of properties Haventree Bank has taken possession of as the result of a default. |
Risk assessment services | Performs data analytics and data mining. |
Originating brokerage, where applicable | Represents the borrower(s) post-funding of the mortgage. |
Insurers (mortgage and others) | Provides insurance services. |
Auditors and Rating and collection agencies | To satisfy our financial and regulatory requirements. |
Regulators and their agents, Governmental authorities having jurisdiction over any sale or securitization of, or trade of interest in, the Mortgage or loan pool in which the Mortgage forms a part, and the Canadian Revenue Agency | To comply with regulatory obligations. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, consultants, and appraisers | To satisfy our legal and regulatory requirements. |
Any subsequent or proposed purchaser of the mortgage and/or their third-party advisors | For securitization and whole loan sales. |
Anyone to whom Haventree Bank transfers, sells, or assigns its rights | To exercise our rights under the Commitment Letter. |
Other mortgage providers that have a financial relationship with the Bank involving this mortgage financing | To obtain alternative funding for the mortgage. |
Donors – Down Payment
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | To comply with “know-your-client” regulatory requirements. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Client Name Depositors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Name screening services | To comply with “know-your-client” regulatory requirements. |
Tax slip printing and shipping service | Prints and mails T5 tax slips. |
End-to-end GIC administration platforms | Provides end-to-end GIC administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Infrastructure as a Service | Provides data storage and transmission services to Haventree Bank. |
Auditors | To comply with regulatory obligations. |
Regulators and their agents | To satisfy our legal and regulatory obligations. |
Canadian Revenue Agency | To comply with tax obligations. |
Haventree Bank's third-party advisors and/or agents, such as lawyers, accountants, and consultants | To comply with regulatory, legal, and financial obligations. |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Third Parties to Client Accounts (including Power of Attorneys)
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
End-to-end loan administration platforms | Assists us in end-to-end loan administration. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Mortgage Brokers
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Loyalty Program | Provides additional incentives to brokers to bring deals to Haventree Bank |
Employees and Job Applicants
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Accountants | Prepares the Bank’s tax returns. |
Canada Revenue Agency | To comply with tax obligations. |
Payroll and Human Resources Information System | Assists with salary payment, management of time-off requests, and other employment-related administrative matters. |
Health & Wellness Spending Account | Provides health and wellness benefits. |
Benefits and Group RSP | Provides benefits, including RSP contributions. |
Virtual Doctor and mental health support | Provides medical services to employees. |
Salary survey services | Provides salary information as part of the onboarding process. |
Background check service provider | Conducts background checks on applicants as part of the onboarding process. |
Travel agency | Facilitates the planning and booking of business travel as well as payment of travel expenses. |
Cybersecurity risk assessment services | Gathers behavioral information relating to cybersecurity threats and compose a risk score. |
Document management and storage systems | Manages and stores employment-related documents. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
End-to-end loan administration platforms | Collects and analyses telephone interactions with borrowers and brokers to produce statistics. |
Independent Contractors
Categories of Third Parties | Description of Service/Purpose of Disclosure |
|---|---|
Auditors Government agencies Regulators and their agents Name screening services | To satisfy our legal and regulatory obligations. |
Background check service provider | Conducts background checks on independent contractors as part of the onboarding process. |
Communication and documentation applications | Facilitates corporate communications and document creation. |
How we protect your personal information
We maintain physical, technical, and procedural safeguards that are appropriate to the sensitivity of your personal information. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification, or disclosure. We take every necessary step to ensure the protection of your personal information, including:
Shredding of documents containing personal information;
Providing regular training to our staff on the importance of protecting the confidentiality of your information;
Physical security measures – restricted access to facilities and locked filing cabinets;
Electronic security measures for computerized personal information – password protection, database encryption, personal identification numbers;
Organizational processes and procedures including limiting access to your personal information to individuals on a need-to-know basis;
Destroying, anonymizing, erasing, or masking your information in accordance with our records retention policy and applicable privacy laws; and
Ensuring that third parties who are given access to your personal information protect and secure your personal information in a similar manner.
Despite our efforts to protect your personal information, there may be inherent consequences of its collection, use, or disclosure. Such consequences may include exposure to possible threat actors, increased likelihood of being involved in a privacy breach incident, and decreased confidentiality. For more information on how we protect your personal information, please contact our Chief Privacy Officer.
Retention of sensitive personal information
Any personal information (see definition in “What is Personal Information” above) that poses a higher risk of harm to the individual concerned when collected, used, disclosed, or transferred is considered sensitive personal information. Examples include financial information, medical records, government ID, information pertaining to minors, and information relating to equity and inclusion (racial origins, political opinions, genetic and biometric data, an individual’s sex life or sexual orientation, and religious/philosophical beliefs).
We retain your information, in physical or digital format, for as long as necessary to fulfill the purposes for which the information was collected or as long as is required or permitted by law. The purpose, nature, and sensitivity of the information is considered in determining retention periods. The chart below indicates the retention period for sensitive personal information after your relationship with us has ended. Exceptions may apply, requiring longer retention periods, for example in the case of disputes or claims.
Your Relationship to the Bank | Retention Period for Sensitive Personal Information |
|---|---|
All clients | Seven years |
Potential clients (where your application has been denied, cancelled, or voided) | Two years |
Donors – Down Payment | Seven years |
Officers/Directors, Trustees, and Beneficial Owners of Incorporated or Trust Depositors | Seven years |
Third Parties to Client Name Deposits (including Power of Attorney) | Seven years |
Brokers and Representatives of Third-Party Vendors | Three years |
Signors of Proof of Employment Letters | Seven years |
Employees and Independent Contractors | Seven years (Payroll information) Three years (Other records) |
Job Applicants | Six months |
Voice recordings are retained for two years after the recording. If the recording is part of a customer complaint, we retain the recording for 7 years after the complaint has been resolved.
Automated decision-making
When we make an automated decision, prediction, or recommendation on the basis of your personal information, we will inform you about this fact no later than the time that we communicate this decision to you. Upon your request, we will inform you of the personal information, reasons, principal factors, and parameters that led to the decision, and of your right to have the personal information that was used to render the decision corrected. You will also have the opportunity to submit observations to an employee at Haventree Bank who can review the decision.
Individual rights
Depending on where you reside, you may have one or more of the following rights relating to your personal information. Some of these rights will be subject to specific requirements or limitations under applicable law, such as the requirement to submit your request in writing. To exercise any of your rights, please contact our Chief Privacy Officer.
Right to Withdraw Consent
You may withdraw or amend your consent to the collection, use, or disclosure of your personal information, at any time, subject to legal or contractual restrictions and reasonable notice. Depending on the circumstances, a withdrawal or amendment to your consent may prevent us from providing you, or continuing to provide you, with our services, business, or employment. Withdrawing your consent to the collection of your personal information for optional purposes (see “How We Use Your Personal Information” above) will not have an adverse effect on the core services we provide you with, e.g., your mortgage, deposit, or employment. However, your withdrawal may affect your enjoyment of the optional service we provide.
Right of Access, Rectification, or Deletion
You may request access to any of your personal information we hold. You may also request the rectification of any inaccurate or incomplete information related to you and/or the deletion of your personal information that is obsolete or not justified. For employees and job applicants, please direct your request to the Chief Human Resources Officer at TLC@haventreebank.com. For all other individuals, please direct your request to the Chief Privacy Officer at privacyofficer@haventreebank.com.
We consult credit reports indicating the solvency of prospective and current borrowers which are prepared by either Equifax or TransUnion. You have the right of access and rectification in relation to the personal information held by Equifax and TransUnion about you.
You can access and, where necessary, request to rectify the personal information contained in the credit reports. You can access your credit report by visiting the Equifax Canada or the TransUnion Canada website.
If your report contains inaccurate information, you can submit a dispute to Equifax and TransUnion. Click on these links for more information.
Information about our Website
We may invite you to contact us, request information, or complete a registration form on our Website. In these cases, we request contact and other related information. If you choose to provide this information, we will only use it to contact you as requested, to register you for access to certain sections of our website, or for specified events.
Event Forwarding via APIs: Our website tracks conversion events that we use for our reporting and optimization (website and marketing campaigns). We transfer information about the events to our 3rd party partners using secure Application Programming Interface (“API”) connections. Along with those events, we also provide hashed personal information, using the via Secure Hash Algorithm SHA-256.
The purpose of event forwarding is to match members of our audience that initiated an event with us to members of audiences that viewed a Haventree advertizement. Our marketing partners use that data for reporting and optimizing advertising. You can opt-out from participation in Event Forwarding by updating your cookie preferences as described below.
Cookies: Our website uses a technology called “cookies”. These cookies are generally a mix of first and third-party, session, and persistent 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 and your session history when you return as well as provide you with a consistent and efficient experience. You may set your web browser to notify you when you receive a cookie. 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. Cookies cannot view or retrieve data from other cookies, or capture files or information stored on your computer. Only the website that sends you cookies is able to read them.
There are, however, cookies that we place without an opt-out being possible, namely essential cookies. Essential cookies are all the cookies without which our website could not perform basic functions. They may be set automatically when pages load, or as a result of a user request that cannot be fulfilled without the use of the cookie. On the other hand, for functionality and analytics cookies to be placed on your device, your active opt-in is required. Your choice not to accept these cookies will not prohibit your use of Haventree Bank’s website.
Functionality cookies support site functionality that is visible or advantageous to the user or their experience of the site. This includes elements of persistent personalization (remembered on subsequent visits), and enhanced functionality like web chat services, surveys, commenting and rating systems, and user preferences. They are generally a mix of first and third party, session and persistent cookies.
Analytics cookies are used to better understand your interactions, improve our services, tailor our content, and personalize your experience. These cookies do not collect information that identifies you as a visitor. They collect information about how visitors use our website, for instance which pages visitors go to most often, and if they get error messages from web pages. All information these cookies collect is aggregated. We even partially mask your IP address, so no identification is possible.
All our cookies expire by default after 6 months, after which time we will ask you to confirm your choices again.
Tracer Tags & Web Beacons: Some areas of the www.haventreebank.com website may also use “web beacon” technologies. Web beacons work in conjunction with cookies and let us know what portions of our site are of interest to our visitors to help us provide you with tailored information from our website. If you turn off cookies, web beacon technologies will still detect anonymous visits, but the notices they generate cannot be associated with other information that is collected and are disregarded.
Third-party links: Our website may contain links to other sites that Haventree Bank does not own or operate. Also, links to our website may be featured on third-party websites on which we advertise. Except as described in this Privacy Statement, 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.
Customer Testimonials/Case Studies/Reviews: We post customer testimonials/comments/reviews on our website, which may contain information about the customer. We obtain each customer’s consent via email prior to posting the customer's name and testimonial.
Legal disclaimers
From time to time, Haventree Bank may make changes to our Privacy Statement to reflect changes in our legal or regulatory obligations, or in the manner in which we deal with your personal information. Any changes that affect your rights will be communicated to you via this Statement and posted on our website. We encourage you to refer to it on a regular basis.
This Privacy Statement does not create or confer upon any individual any rights, or impose upon Haventree Bank any obligations outside of, or in addition to, any obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this disclosure and Canada’s privacy laws, this Statement shall be interpreted, in respect of that case, to give effect to, and comply with, such laws.
Remote Cheque Deposit Terms
1. Cheques
Through Haventree Bank (“Haventree”, “we”, “us”)’s Mobile Banking App, you can deposit cheques to your Haventree Bank Everyday Growth Account without sending in the physical cheque. You will be prompted to take a picture of the front and back of the cheque with your smartphone and upload the image using our Mobile Banking app.
To use Remote Cheque Deposit you need to first download our Mobile Banking App, which is available through our website, the Google PlayStore or the Apple Store onto your mobile device. We are not responsible for any third party hardware or software or expenses you may incur to use Remote Cheque Deposit. Any such hardware or software is accepted by you as is and is subject to the terms and conditions of use you enter into directly with the third party provider at time of download and/or installation.
You acknowledge and agree that when you create an image using Remote Cheque Deposit, you are acting as our agent for the purpose of creating the image, and that any image that you create in this way will be treated for legal purposes just as if we had created the image itself. We appoint you as our agent to act on our behalf in the creation and transmission of images to us. You may not further delegate the role as agent.
2. Eligibility
Only paper cheques that are made payable solely to you can be deposited. Items payable jointly or payable to someone else and endorsed to you are not accepted. Each cheque must be in the standard format approved by Payments Canada. The date, drawee institution, payee, amount in words and figures, signature of the Payor and magnetic ink character recognition information must be clearly legible.
Each image captured through Remote Cheque Deposit must be a picture of the original paper cheque, front and back, and not of a photocopy, PDF or printout.
Cheques must not be post-dated or dated more than six (6) months prior to the date of deposit.
Any cheque used in a request to link an external account must be drawn on a personal deposit account from a Canadian financial institution and payable in Canadian dollars.
Cheques must not be drawn from a credit card or line of credit.
The cheque must not have already been deposited by any other means.
Haventree Bank reserves the right to reject a cheque for deposit if it or the image does not meet any of the above requirements.
3. Duplicate Deposits
After you have deposited a cheque through Remote Cheque Deposit, you must not deposit or attempt to deposit (either physically or electronically) or cash the same cheque anywhere else. The same cheque may not be deposited through any other remote cheque deposit service or transferred to any other person or company. You must also not use Remote Cheque Deposit to deposit or attempt to deposit any cheque that you have already deposited remotely using any other remote cheque deposit service. You will be liable for any returned cheque charges if you breach any of these provisions (whether intentionally or inadvertently) and as a result a cheque is returned to us. These charges may be debited from any of your accounts with us.
4. Modification
You may not modify, alter or cover up anything on either the front or back of a cheque to be submitted for remote deposit using Remote Cheque Deposit.
5. Destruction of Paper Cheque
After you have deposited a cheque remotely using Remote Cheque Deposit, do not send us the paper cheque. You must keep the paper cheque in a safe and secure place for at least fourteen (14) days or until such time as we confirm the deposit is complete and validated, after which you must permanently destroy it. You agree to follow any other procedure and instructions for use of Remote Cheque Deposit as we may establish from time to time.
6. Representations and Warranties
With each use of the Remote Cheque Deposit feature, you are deemed to give us the following representations and warranties:
you will only transmit items that meet the eligibility criteria at paragraph 2 above;
each image is an accurate image of an original paper cheque and not of a photocopy, PDF, or printout of an electronic copy, or alternation of the original;
the cheque has not been defaced or altered physically, electronically or in any other way, including but not limited to raising the amount or changing the payee;
you have not already deposited or attempted to deposit or cash the cheque anywhere else or by any other means;
you will not re-deposit or re-present the original item; and
you have not created any images or copies of the cheque other than the image submitted through remote cheque deposit or if you have done so, you have deleted or destroyed the other image or copy.
7. Availability of Funds/Limits
The day we receive the image through Remote Cheque Deposit will be deemed the day of deposit. Funds will be credited to your account immediately upon receipt of the image. Any paper cheque will be deemed deposited the day after we receive it. Availability and access to funds will be subject to our Hold Policy.
We may establish limits on the dollar amount of items, number of items which can be deposited and/or the maximum balance held per customer. These limits may change from time to time without prior notice to you. If you attempt a transaction that is in excess of these limits, we may reject the transaction. Please refer to our [LIMITS PAGE] for more information.
Deposits made after 4:59 pm Eastern Time will have a transaction date of the next day and will be processed on the next day.
8. Errors in Transmission
By using Remote Cheque Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. You acknowledge we have no liability to you or others for any such intercepted or misdirected item or information disclosed through such errors.
9. Indemnification
You agree to defend, indemnify and hold Haventree Bank harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees and disbursements, related to any violation of these Terms of Use by you or users of your account, as a result of your use of Remote Cheque Deposit or in connection with the use of the Sites, Content, User Content or the placement or transmission of any information or other materials on the Sites by you or users of your account. You understand and acknowledge that the availability of the Internet and telecommunications networks is inherently unpredictable and may be affected by routine maintenance, equipment malfunctions, systems overload, software defects, power failures, weather-related events, natural disasters, cyberattacks, or other causes beyond our reasonable control. You acknowledge that we will not be liable for any losses or liabilities that you may suffer as a result of your use of these features, including if the feature is not available for any reason.
10. Termination
We may terminate your access to Remote Cheque Deposit at any time and for any reason including if you breach any term related to your Everyday Growth Account, if you use Remote Cheque Deposit for any unauthorized or illegal purposes or you use Remote Cheque Deposit in a manner inconsistent with any procedures or instructions. In the event we terminate your access to Remote Cheque Deposit, the Everyday Growth Account Agreement will continue to apply.
11. Receipt of Items
We reserve the right to reject any item transmitted through Remote Cheque Deposit or mailed in to us, at our discretion. An item may be returned to us by the paying financial institution because, among other reasons, the paying financial institution determines that the item cannot be processed, is illegible, or is otherwise unacceptable. We are not responsible for items we do not receive or for images that are corrupted or not fully received during transmission. We may charge back to your Account at any time, any item that we subsequently determine was not eligible for deposit. If the deposit amount does not match the amount of the image, we may adjust your Account to reflect the amount on the image received. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our charge back or adjustment.
12. Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost to us, any originals or copies of items deposited though Remote Cheque Deposit in your possession and your records relating to such items and transmissions.
13. Further Obligations
You agree to take full responsibility for your Electronic Device and anybody using it. Please review the Haventree Bank Mobile and Online Banking Terms in its entirety. You agree to comply with any further obligations that may be required in order to ensure that Remote Cheque Deposit functions correctly and efficiently. We may at any time suspend, terminate or discontinue the Remote Cheque Deposit feature, at our own discretion, without notice to you.
Statement on Prohibited Conduct
What is Prohibited Conduct?
Section 627.04 of the Bank Act prohibits certain conduct by financial institutions. It is against the law for a financial institution to impose undue pressure on, or coerce a person for any purpose, including to obtain a product or service from an institution or any of its affiliates, as a condition for obtaining another product or service, or take advantage of a person.
Coercive Tied Selling
You cannot be pressured to buy a product or service you do not want from a financial institution or any of its affiliates, as a condition to obtain the product or service you want.
Consider the following example to understand coercive tied selling: your mortgage specialist tells you that qualify for a residential mortgage. However, you are also told that the mortgage will only be approved if you transfer your investments to the bank or its affiliates. You are looking to obtain a mortgage, but do not want to move your investments.
What is not Prohibited Conduct?
Most businesses, including Haventree Bank, look for ways to show their interest in your business and appreciation for your loyalty. Current and prospective clients can benefit from certain sales practices, such as bundling of products and services and preferential pricing, which offer better prices or more favourable terms. In addition, reasonable credit risk management practices may require a borrower to open an operating account. These practices should not be confused with coercive tied selling, as defined above. Many of these practices will be familiar to you in your dealings with other businesses.
Bundling of Products and Services
Products or services are often combined to offer consumers better prices, incentives, and more favourable terms. For example, a meal combination at a fast-food restaurant is priced lower than if you bought the items in a meal separately. Similarly, banking products and services can be bundled so consumers can benefit from package prices that are less than the sum of the individual items.
Examples of banking products and services that can be bundled include, opening a personal chequing account with a discounted monthly fee if you opt for other products such as a no annual fee credit card, a mortgage, or an investment product.
Preferential Pricing
Preferential pricing means offering customers a better price or rate on all or part of their business. For example, a shoe store offers a second pair of shoes at half price.
Similarly, a financial institution may be able to offer you preferential pricing – a higher interest rate on a GIC, or a lower interest rate on a residential mortgage – if you have more than one product or service.
For example, after approving your application for a residential mortgage, your mortgage specialist offers a lower interest rate if you transferred your investments to the bank or its affiliates. This is acceptable as the approval of your mortgage is not conditional on you transferring your investments to the bank, rather, you are offered preferential pricing if you give the bank more business.
Credit Risk Management
To ensure the safety of depositors, creditors, and shareholders, financial institutions must carefully manage the risk related to the loans and credit cards they approve. The law allows us to impose certain requirements on borrowers as a condition for granting a loan, only to the extent necessary for us to manage our risk.
For example, you apply for an operating loan for your business. To manage the risk associated with the loan, your bank requires your business to have an operating account with the bank as a condition for obtaining the loan. This is legal and appropriate as it allows your bank to assess possible risks associated with your business’ cash flow and manage the risk associated with the loan.
At Haventree Bank, our requirements for borrowers will be reasonable and proportionate to our level of risk.
Our Commitment to You
At Haventree Bank, all employees are required to comply with the law by engaging in prohibited conduct including not taking advantage of clients – current or prospective. We are committed to upholding the law and provide our employees with training on acceptable sales practices. Please contact us if you believe you have experienced prohibited conduct in any interactions with us.
Terms of Use & Conditions – Flinks
Introduction
Haventree Bank (also referred to as “we”, “us” or “our”) uses Flinks API (“Flinks” or “Flinks Service”) to access your third-party online accounts with other financial institutions. This document (this “Agreement”) sets out the specific terms and conditions relating to our use of Flinks. It includes, among other things, important legal terms relating to how we will use your information and limiting our liability and your ability to sue us.
By using our Mobile and Online Banking Services (our “Services”) and Flinks, you authorize us to retrieve your payment account details from third party financial institutions, for the purposes of verifying account information to set up direct payments and also for know-your-client and other purposes necessary to provide you our Services
1. Proprietary Rights
You are permitted to use the Flinks Service, and all information, data or other materials delivered to you through Flinks, only with and as enabled by the software, and only in connection with the purposes specified above. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials, or access Flinks for any other purpose or by any means other than as specifically enabled through the software. Further, you agree not to reverse engineer or reverse compile any of the Flinks’ technology.
2. Content You Provide
You are granting Haventree Bank and Flinks the full right and license to use any data, passwords, or other information (collectively, your “Content”) you provide, or using such credentials your third-party financial institution provider provides, through or to Flinks. Haventree Bank and Flinks may use, modify, display, distribute and create new material using such Content only to provide the Flinks Service to you through the software in connection with the purposes specified. We may also use your Content to protect against fraud. By submitting your Content, you automatically agree that you are the owner or the rightful user of such Content with the express agreement that, without any particular time limit, and without the payment of any fees, Haventree Bank and Flinks may use the Content for the purposes set out above.
3. Third Party Accounts
By using the Flinks Service, you authorize Haventree Bank and Flinks to access third party sites designated by you, on your behalf, to use the information in your bank accounts to: (a) validate and verify your account information, (b) verify that the linked accounts belong to you; and (c) configure Flinks so that it is compatible with the banking service providers for your accounts. You agree that Haventree Bank and Flinks assume no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such banking service providers. You are responsible for ensuring that the foregoing authorization and access does not violate any third party’s online access or other applicable agreement. Haventree Bank, Flinks, and each of their affiliates shall not be responsible for any violation of an access agreement with your financial institution or any losses resulting from unauthorized access or transactions.
4. Disclaimer of warranties
You expressly understand and agree that:
Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an “as is” and “as available” basis. Haventree Bank and Flinks expressly disclaim all warranties and conditions of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Haventree Bank and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (iv) any errors in the technology will be corrected.
Any Content obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Haventree Bank or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.
5. Limitation of liability
You agree that neither Haventree Bank or Flinks nor any of their affiliates will be liable for any costs, damages, expenses or other harms, whether direct, indirect, incidental, special, consequential or exemplary, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses relating to the Flinks Service, even if Haventree Bank or Flinks has been advised of the possibility of such damages, resulting from:
the use or the inability to use the Flinks Service;
the cost of getting substitute goods and services,
any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service;
unauthorized access to, use of, distribution or alteration of your transmissions or data;
statements or conduct of anyone on the Flinks Service;
the use, inability to use, unauthorized use, performance or non-performance of any third party financial institution or other account provider website, even if the provider has been advised previously of the possibility of such damages; or
any other matter relating to the Flinks Service.
6. Indemnification
You agree to protect and fully compensate Haventree Bank and Flinks and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees and costs) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7. Third Party Beneficiary
You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Agreement.
8. Amendments
Haventree Bank and Flinks reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time, and we will provide you with written notice (to your contact information as provided through the Flinks software) when we do so. If we do this, we will post the latest version of this Agreement on this page, and we will indicate at the bottom of such page the date of the last revision or modification.
9. English Language
The parties hereto acknowledge and confirm that they have requested that this Agreement as well as all notices and other documents contemplated hereby be drawn up in the English language. Les parties aux presentes reconnaissent et confirment qu’elles ont convenu que la presente convention ainsi que tous les avis et documents qui s’y rattachent soient rediges dans la langue anglaise.
10. Other Terms
As between the Haventree Bank Terms and Conditions and this Agreement, this Agreement will govern in the case of any necessary conflict or inconsistency strictly to the extent relating to the use of the Flinks Service, and in all other cases the Haventree Bank Terms and Policies will govern. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, (a) that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect, and (b) such holding shall not, in and of itself, render any of the Haventree Bank’s Terms or Conditions unlawful, invalid, void or unenforceable. This Agreement shall be binding upon parties hereto and their respective heirs, executors, administrators, successors, and permitted assignees. You may not assign this agreement without the prior written consent of Haventree Bank and Flinks.