Privacy Policy

1. Acceptance of Terms

By accessing or using Pathfinder (“Platform”), you agree to be bound by these Terms of Service and Privacy Policy (“Terms”). If you do not agree, you may not use the Platform.

2. Purpose of the Platform

Pathfinder is a software platform designed to support mortgage professionals in delivering structured, informed, and strategic guidance to their clients.

The Platform enables users to:

• Organize and manage client mortgage information.
• Evaluate potential opportunities over time.
• Support ongoing client engagement beyond funding.
• Deliver clearer, more informed conversations.

Pathfinder is built on the principle that:

clarity leads to better decisions, and structured insight supports stronger outcomes.

Pathfinder is a decision-support tool only and does not replace professional judgment.

3. No Financial Advice / No Reliance

Pathfinder provides:

• Analytical outputs.
• Scenario-based insights.
• Strategy frameworks.

Important:

• Pathfinder does not provide financial, legal, or tax advice.
• Outputs are general, illustrative, and based on limited inputs.
• Pathfinder does not consider the full financial circumstances of any individual client unless independently verified by the user.

Users acknowledge and agree that:

• All outputs must be independently reviewed and verified.
• Users are solely responsible for advice provided to clients.
• Users assume all risk associated with reliance on Platform outputs.

Users must not present Platform outputs as definitive recommendations.

4. User Responsibilities

Users agree to:

• Apply independent professional judgment.
• Ensure recommendations are appropriate and compliant.
• Verify all data, assumptions, and outputs.

Pathfinder does not validate or guarantee the accuracy of user-entered or third-party data.

5. Client Data, Consent and Compliance

You acknowledge and agree that:

• You are responsible for obtaining all required client consent.
• You will only input data you are authorized to use.
• You are responsible for compliance with applicable privacy and regulatory laws.

TMS Technologies LLP acts solely as a data processor and platform provider, not as a controller of client relationships.

6. Broker Client Consent and Communication Requirements

As a condition of using the Platform, users agree to obtain informed client consent before entering any personal or financial information into Pathfinder.

Users must clearly communicate to clients the role and purpose of the Platform, including that:

• Pathfinder is a secure software platform used to support ongoing mortgage management.
• It is designed to provide structured insights and identify potential opportunities over time.
• It enhances clarity and supports more informed decision-making.
• It does not replace professional advice or judgment.

Users must not represent Pathfinder as:

• Providing direct financial advice.
• Making decisions on behalf of the client.
• Guaranteeing outcomes or savings.

6.1 Recommended Client Explanation (Positioning Script)

Users are encouraged to use clear and consistent language when explaining Pathfinder to clients. The following is a recommended example:

“I use a secure platform called Pathfinder to help monitor and manage your mortgage over time. It allows me to identify potential opportunities, such as rate improvements or strategy adjustments, as your situation or the market changes. This helps us make more informed decisions and ensures we are not just reacting at renewal, but proactively managing your mortgage throughout the term. It does not replace my advice, but it gives us better visibility and clarity so we can make the right decisions together.”

6.2 Client Acknowledgement (Recommended)

Users should obtain acknowledgement from clients that:

• Their information may be entered into a secure platform for analysis and monitoring.
• Insights generated are informational and subject to professional review.
• Final decisions will always be based on a full review of their situation.

6.3 Responsibility for Consent

Users acknowledge and agree that:

• They are solely responsible for obtaining and maintaining appropriate client consent.
• TMS Technologies LLP does not verify or manage client consent.
• Failure to obtain proper consent is the responsibility of the user.

6.4 Compliance with Privacy Laws

Users must ensure that their use of Pathfinder complies with:

• Applicable privacy legislation, including PIPEDA.
• Any regulatory requirements governing client data.

7. Data Ownership

• Users retain ownership of all client data.
• TMS Technologies LLP does not claim ownership of client relationships.
• A limited license is granted to process data solely to provide Platform services.

8. Structured Insight Philosophy

Pathfinder is designed around the principle that:

• Better outcomes come from structured thinking, not reactive decisions.
• Clients benefit from clear, understandable options.
• Mortgage decisions should align with broader financial context and timing.

The Platform supports a shift from:

• Transactional interactions.
  to
• Ongoing, strategy-driven client engagement.

9. Information We Collect

We may collect the following information:

A. User Information

• Name, email, and contact details.
• Business or brokerage information.

B. Client Data (Provided by Users)

• Mortgage details.
• Financial scenarios.
• Property-related information.
• Renewal or timing data.

C. Technical Information

• IP address.
• Browser and device information.
• Usage activity.

We collect information provided directly by users and through standard technological means such as browser data and cookies.

10. How We Use Information

We use information to:

• Operate and deliver the Platform.
• Generate structured insights and analytical outputs.
• Support client engagement tools.
• Improve system performance.
• Provide support and communication.

11. Data Processing and Analytics

Pathfinder processes data to:

• Identify patterns and potential opportunities.
• Generate scenario-based insights.
• Improve platform functionality.

We may use aggregated and anonymized data to enhance performance and analytics.

We do NOT sell personal information.

12. Data Sharing

We may share information:

• With trusted service providers (e.g., hosting and analytics providers).
• With third-party integrations authorized by the user.
• Where required by law.

We do not sell or rent personal data.

13. Third-Party Data and Integrations

Pathfinder may rely on third-party systems and data sources.

TMS Technologies LLP does not guarantee:

• Accuracy.
• Completeness.
• Availability.

Users are responsible for verifying critical information.

14. Data Storage and Security

We implement commercially reasonable safeguards, including:

• Secure infrastructure, including cloud-based services such as AWS.
• Access controls.
• Encryption where appropriate.

However:

• No system is completely secure
• And we do not guarantee protection against all breaches

15. Cross-Border Data Processing

Information may be stored or processed outside Canada, including in the United States, and may be subject to foreign legal access.

16. Data Retention

We retain data:

• As long as necessary to provide services.
• To comply with legal obligations.

Data is securely deleted when no longer required.

17. Access and Correction

Users may:

• Request access to their data.
• Request corrections.
• Request deletion, subject to legal requirements.

18. Cookies and Tracking

We may use cookies and similar technologies to:

• Improve functionality.
• Analyze usage.
• Enhance user experience.

Users may disable cookies through browser settings.

19. Acceptable Use

You agree not to:

• Use the Platform for unlawful or misleading purposes.
• Represent outputs as guaranteed results.
• Attempt to reverse engineer or replicate the Platform.
• Use the Platform in a way that could harm clients or third parties.

20. Fees and Billing

• Subscription fees apply as agreed.
• Fees are non-refundable unless otherwise stated.
• Pricing may change with notice.

21. Limitation of Liability

To the fullest extent permitted by law:

TMS Technologies LLP shall not be liable for:

• Financial decisions made by users or their clients.
• Loss of profits, revenue, or business opportunities.
• Errors, omissions, or inaccuracies in data or outputs.
• Any indirect, incidental, or consequential damages.

Maximum liability is limited to fees paid in the 12 months preceding the claim.

22. Indemnification

You agree to indemnify, defend, and hold harmless TMS Technologies LLP from any claims, damages, liabilities, and expenses arising from:

• Your use of the Platform.
• Advice or recommendations provided to clients.
• Your violation of these Terms or applicable laws.

23. Data Security Disclaimer

While reasonable safeguards are implemented:

• No system is completely secure
• TMS Technologies LLP is not liable for unauthorized access, breaches, or data loss beyond its reasonable control.

24. Intellectual Property

All Platform elements, including the following:

• Software.
• Algorithms.
• Logic frameworks.
• Insight structures.

…are the exclusive property of TMS Technologies LLP

25. Modifications

We may update these Terms at any time. Continued use constitutes acceptance.

26. Governing Law

These Terms are governed by the laws of British Columbia, Canada.

27. Contact

TMS Technologies LLP

Email: [email protected]