Cardholder Agreement

Table of Contents

I. Cardholder Agreement

Initial Disclosures ............................................................................................................. p. 2

Terms and Conditions ...................................................................................................... p. 3

II. Privacy Policy............................................................................................................................ p. 10

1
 V16.2 0222 QC

Cardholder Agreement
High-Cost Open Credit Contract for the Use of a Credit Card
(Consumer Protection Act, s. 125)
Permit number: 17125-1

IT IS IMPORTANT THAT YOU READ THIS DOCUMENT IN ITS ENTIRETY BEFORE CLICKING “I AGREE” OR SUBMITTING YOUR
APPLICATION

Credit limit granted The credit limit is provided at the time your application is approved and is set out on each
monthly statement.
Initial credit rate We will tell you your initial credit rate (also referred to as “Annual Interest Rate” or “AIR”) for
your Regular Credit Purchases when your application is approved. Your AIR will also be
disclosed on your monthly statement. Depending on your creditworthiness, your AIR for
Regular Credit Purchases will be 31.99% or 35%. If your AIR is 31.99% and we do not receive
your minimum payment twice within a 12- month period, we may increase your AIR to 35%.

Interest-free grace period You will benefit from an interest-free grace period of 21 days for new purchases following
availability of your monthly statement in electronic format.
Minimum periodic payment For Regular Credit Purchase balances: the greater of A and B:
(monthly)
A = 5% of the outstanding balance plus payment protection insurance premiums (if
applicable and billed monthly)
B = interest and fees shown on your monthly statement plus payment protection insurance
premiums (if applicable and billed monthly)
For balances subject to an equal monthly payment promotion: the minimum payment, if
any, due under each promotion. However, we may, at our option treat any such amount as
a Regular Credit Purchase instead of requiring such amount to be paid as part of the
minimum payment.
For balances subject to a promotion other than equal monthly payments: 5% of the
outstanding balance.
For all balances, the minimum payment will be at least $10, unless your total balance is less
than $10, in which case your balance will be due in full.
Other charges Payment protection insurance premium and applicable taxes (“Insurance
(charged at time of transaction Premium”): If you enrol in payment protection insurance, which is optional, Insurance
or occurrence, unless otherwise Premiums are charged to your account monthly. The premium amount is based on your
noted) outstanding balance and is described in your payment protection insurance enrolment
email. If you would not otherwise have a minimum payment due, we may, at our option,
allow you to defer payment of your monthly Insurance Premium and add it to your
outstanding promotional balance. Your monthly statement will indicate whether your
Insurance Premium is due as part of the minimum payment.
Annual fee: The higher of $39.99 (standard fee) and $99.99 (if you use your account for
travel purchases or if the only promotion we offer you is an equal monthly payments
promotion that is interest bearing at a 29.99% promotional interest rate), which fees may
be waived depending on the Merchant Partner where you opened your Account. If
applicable, the Annual Fee is charged on your monthly statement following your first
transaction and, if there is an outstanding balance on your account, on each anniversary
date of your first purchase transaction. If you do not have an outstanding balance on any
anniversary date but make a purchase or receive an extension of credit following that date,
you will be charged the Annual Fee on your monthly statement following that transaction.
Your anniversary date will then be reset to the date of that transaction.
Non-sufficient funds fee: $49.99 for each cheque or other instrument used to pay your
Account that is dishonoured by the financial institution on which it is drawn
Additional paper statement copy fee: $10 for an additional mailed hardcopy of a monthly
statement
2
 V16.2 0222 QC

Credit balance fee, if your Account is inactive and has a credit balance for at least 12
months: The lesser of $25 or the amount of your credit balance.
Foreign currency conversion fee, if we allow you to use your Account for a purchase
in a foreign currency: 2.5% of the purchase amount.
TABLE OF EXAMPLES OF CREDIT CHARGES FOR A 30-DAY BILLING CYCLE

Credit rate Average daily balance for previous month

$100 $500 $1,000

31.99% $2.67 $13.33 $26.66

35% $2.92 $14.58 $29.17

In this Cardholder Agreement: and that you will pay the entire amount of the purchases and
A. “Account” means the credit card account we open and all other charges shown on each of your monthly statements.
maintain for you; 2. Credit Limit. Your Account credit limit will be
B. “Card” means the physical, virtual or electronic credit card communicated to you at the time your application is
or other electronic form or method that we provide for approved. If your credit limit is not communicated to you at
you: to access your Account, to conduct transactions with the time your application is approved, your credit limit will be
Merchant Partners, or as we otherwise permit from time communicated to you in your welcome email and in each
to time at our sole discretion; monthly statement. We may change your credit limit
periodically. The amount of credit that is available to you at
C. “Cardholder Agreement” means this Cardholder
any time is the difference between the credit limit and the
Agreement and Flexiti’s Privacy Policy (which is
balance that is outstanding on the Account at that time.
incorporated by reference), each as amended from time
Depending on your method of payment, it may take up to 5
to time;
business days before your available credit is increased by the
D. “Merchant Partner” means a business that accepts the amount of any payment. At our discretion, we may approve
Card or the Account for purchases; your transaction if it exceeds your credit limit. You understand
E. “Regular Credit Purchase” means a purchase or other that the use of your Card and the Account may be suspended
extension of credit on your Account that is not subject to at our discretion if your credit limit is exceeded.
a promotion, and includes any outstanding balance owing 3. Annual Interest Rate (AIR) for Regular Credit
for a promotion that is no longer subject to a promotion Purchases. The AIR applicable to your Regular Credit
after the promotional expiry date or current amount due Purchases depends on your creditworthiness. We will tell you
date, or after a promotion has been terminated or has your AIR for Regular Credit Purchases when your application
expired without the full amount owing being paid. is approved. The AIR for each statement period will be shown
Regular Credit Purchases are subject to interest unless a on your monthly statement.
grace period applies;
4. Promotions. From time to time, we may make
F. ”we”, “us”, “our’, and “Flexiti” mean Flexiti Financial Inc., promotions available to you in connection with purchases or
the issuer of the Card and the Account; and other transactions charged to your Account, including at the
G. “you” and “your” mean the individual whose is the holder time of your application, including one of the below
of an Account according to our records. promotions. Promotions are subject to the terms and
conditions outlined below unless otherwise noted at the time
1. Application of this Cardholder Agreement. This Credit of the offer. The length or expiration date of your promotion
Agreement applies to you once you have applied for and been will be communicated to you before you complete your
approved for an Account. If approved, we will open the transaction and will be reflected on your monthly statement.
Account in your name. If the Account is used whether in All promotions are subject to our rights set out in this
person, online or by any other channel, it will mean that you Cardholder Agreement, including our rights to cancel
read, understand and accept all of the terms and conditions promotions if you do not make payments when required.
of the Credit Agreement. You agree that all of the purchases (a) Deferred payment – no interest, no payments. No
and any other authorized transactions and charges to your payments are due on purchases made under this
Account (whether conducted in person, online or by any promotion until the promotion’s expiry date, except for
remote channel) will be governed by the Credit Agreement any minimum monthly payment that is required by law.
No interest is payable for the duration of the promotional

3
 V16.2 0222 QC

term on the balance subject to the promotion. Interest monthly payments for the duration of the promotional
does not accrue on the balance subject to the promotion term.
for the duration of the promotional term. If the (g) Equal monthly payments - interest bearing, starting
promotional balance is not paid in full by the promotional with 90 days no interest, no payments. For 90 days from
expiry date, immediately following the promotion expiry the date of the transaction, no payments are required,
date, any outstanding balance which was subject to the and no interest accrues on the balance subject to the
promotion will then be treated as a Regular Credit promotion. Following the first 90 days of the promotional
Purchase. period, the promotional interest rate will apply to the
(b) Deferred payment – interest accrues, no payments. balance subject to the promotion, which balance is to be
No payments are due on purchases made under this paid in equal monthly payments comprised of principal
promotion until the promotion’s expiry date, except for and promotional interest. The applicable promotional
any minimum monthly payment that is required by law. interest rate will be assigned and communicated before
No interest is payable during the promotional period, you complete your purchase and is dependent on the
however, interest at the AIR applicable to Regular Credit Merchant Partner and your creditworthiness.
Purchases accrues from the transaction posting date and 5. Other Terms of Promotions. A 1-month promotional
the accrued interest will be charged to your Account if the term will be 31 days. A 3-month promotional term will be a
promotional balance is not paid in full by the promotion’s minimum of 91 days. A 6-month promotional term will be a
expiry date and any outstanding balance which was minimum of 183 days. A 12-month promotional term will be a
subject to the promotion will be treated as a Regular minimum of 365 days. The minimum number of days for any
Credit Purchase. other promotional term will be calculated by adding together
(c) Deferred payment – interest accrues, minimum the largest time periods noted in this section that equal the
monthly payment applies. No interest is payable during promotional term. For example, an 18-month promotional
the promotional period, however, interest at the AIR term will be a minimum of 548 days [12 months (365 days),
applicable to Regular Purchases accrues from the plus 6 months (183 days) = 548 days]. The amount of the final
transaction posting date and the accrued interest will be monthly payment in any equal monthly payments promotion
charged to your Account if the promotional balance is not may not be equal to the previous month’s payment due to the
paid in full by the promotion’s expiry date and any divisibility of the balance subject to the promotion over the
outstanding balance which was subject to the promotion length of the promotional term.
will be treated as a Regular Credit Purchase. Minimum 6. Using Your Account. From time to time, Flexiti may make
monthly payment applies and will be shown on your available offers other than those described above or that
monthly statement. involve using your Account for uses other than making
(d) Equal monthly payments - no interest. No interest is purchases at a Merchant Partner, such as balance transfers
payable for the duration of the promotional term on the and convenience cheques. Details of any such offers will be
balance subject to the promotion. The balance subject to available at the time the offer is made. This Cardholder
the promotion is to be paid in equal monthly payments Agreement is applicable to all uses of your Account unless
for the duration of the promotional term. specifically excluded or otherwise modified in the offer. You
(e) Equal monthly payments - interest can use your virtual electronic credit card, physical credit card
bearing. Promotional interest is applied during the (if provided) and/or any other form or method that we may
promotion and accrues until the balance shown on your provide to use your Account to make purchases wherever it is
monthly statement is paid in full. The balance subject to accepted and as we may otherwise permit. We are not
the promotion is to be paid in equal monthly payments of required to extend credit to you at any time. We may require
principal and promotional interest for the duration of the additional information from you and we may impose
promotional term. The applicable promotional interest additional conditions prior to any extension of credit.
rate will be assigned and communicated before you 7. Foreign Currency Transactions. We may allow you to
complete your purchase and is dependent on the use your Account for charges in a currency other than
Merchant Partner and your creditworthiness. Canadian dollars, and if we do, the conversion will be
(f) Equal monthly payments – no interest, starting with processed at a currency exchange rate that we obtain
90 days grace, no payments. No interest is payable for from www.xe.com (such exchange rate is used under license
the duration of the promotional term on the balance from XE Corporation). If exchange rates from XE Corporation
subject to the promotion. For 90 days from the date of the become unavailable to us for any reason, the conversion will
transaction, no payments are required, and no interest be processed at an exchange rate that we obtain from a
accrues on the balance subject to the promotion. reasonable alternative currency exchange rate data source.
Following the first 90 days of the promotional period, the Our foreign currency conversion fee of 2.5% of the purchase
balance subject to the promotion is to be paid in equal amount will be included in your transaction amount. Your

4
 V16.2 0222 QC

statement will show the transaction amount in Canadian email in any month for any reason, you must contact us to
dollars. If you receive a refund from a Merchant Partner in advise us of this and obtain any information required to make
respect of a purchase made in a foreign currency, we will all payments when due. We will not issue to you a monthly
credit your Account based on the exchange rate in effect at statement if there is no outstanding balance and/or there has
the time of the conversion. The amount of the credit will been no activity on your Account. You agree to receive all
generally differ from the amount of the original charge, and if communications from Flexiti electronically. You must notify us
the amount of the credit is less than the original transaction immediately if your email address changes. No paper
amount, you will be responsible for the difference. statements will be issued unless specifically requested by you,
8. Missed and Late Payments. If we do not receive a unless we are unable to contact you electronically or by
required minimum payment from you by the payment due telephone or your Account is in default, in which case we may,
date, we may, without notice to you, cancel one or more but are not obligated to, issue you paper statements. You are
promotions applicable to your Account effective on the date responsible for making sure that your computer hardware
such default occurred. On that date, the affected promotional and software, and internet access, enables you to receive and
term(s) will end and any balance(s) subject to promotion(s) will view the documents and emails we send you.
then incur interest at the AIR applicable to a Regular Credit 11. Administration Fees. Flexiti does not charge
Purchase. Also, if your AIR is 31.99% and we do not receive administration fees to residents of Quebec. Some Flexiti
your minimum payment twice within a 12-month period, we Merchant Partners may charge their own administration fee
may increase your AIR to 37.99%. However, we may, at our in connection purchases. Flexiti does not receive this
option treat any component of the minimum payment as a administration fee and is not responsible for the amount or
Regular Credit Purchase instead of requiring such amount to disclosure of any such fee. In the event you have a question
be paid as part of the minimum payment. about or wish to dispute a Merchant Partner’s fee, please
9. Calculation of Interest. Transactions may be posted to contact the Merchant Partner directly.
your Account on a date determined by Flexiti, which may not 12. Your Responsibilities for your Card and Account. Your
be the date the transaction is charged to your Account. a Card is reserved strictly for your own use, unless we allow
Interest accrues on any amount charged to your Account from use of your Account by an authorized user. Your Card and any
the date that such amount is charged to your Account until replacement Card shall remain the property of Flexiti at all
payment for that amount has been received by us in full, times. You agree not to use your Card, or your Account for
subject to any applicable grace period, unless interest has anything that is illegal or fraudulent. We reserve the right to
been waived or reduced in accordance with the terms of a block use of your Card to prevent use of the Account without
promotion. Credit charges are calculated at the end of each telling you in advance if we suspect illegal, unauthorized or
period for which an Account statement is furnished (each, a fraudulent use of the Account.
“period”), by multiplying the average daily balance of the If you give the Card and/or Account access to another person
period on your Account by the applicable daily credit rate as or if you otherwise authorize the Account to be charged, you
disclosed in the disclosure table above (the applicable credit will be liable for the full amount of the transaction. If you have
rate divided by 365) and then by the number of days in the at any time authorized a person to use your Card or access
period. your Account, you will be liable for any transactions incurred
10. Monthly Statements and Communications. You will on your Account by that person even if you intended to limit
receive, at the email address you have provided to us, a that authorization to a particular use, instance, or amount.
notification email advising that your monthly statement is You are responsible for the care and control of the Card and
available for viewing on our website through Flexiti’s customer Account and any personal identification number, password,
portal. That email will contain a link for you to access your answer to security question (“Authentication Information”)
monthly statement. Alternatively, you may choose to receive or other information that may be provided to you with your
your monthly statement in the mail. Each monthly statement Card or Account or that you may set with us. You must
will cover 28 to 33 days, depending on when your billing cycle maintain your Card, Account, and Authentication Information
ends. You must tell us no later than 30 days following the securely, including but not limited to, keeping such
email notification to you advising that your monthly information confidential, taking reasonable precautions to
statement is available, of any error or omission in your ensure that no one finds out or can easily determine such
statement. Otherwise, you have no further right to dispute information, and taking reasonable precautions to protect
any transaction shown on that statement and your statement your Card from duplication, loss, or theft. You may be
will be considered correct, except for any amount that we responsible for amounts and transactions that are incurred
have improperly charged (including any amounts on the Account before we receive notice that your Card,
undercharged or overcharged), which we can correct at any Account or any Authentication Information was lost or stolen
time. You confirm that receipt of a notification that your or became known to an unauthorized person if you did not
monthly statement is available is equivalent to receipt of your
monthly statement. If you do not receive your notification
5
 V16.2 0222 QC

fulfil your obligation to protect the security of your Card, to: (a) cancel any of your Account access methods, your Card
Account or Authentication Information. and/or your Account; (b) withdraw your rights and privileges
13. Lost or Stolen Card / Account. You must notify us right in respect of your Card and/or Account; and (c) require the
away if the Card is lost, stolen, compromised, or your Account immediate return, deletion, or destruction of all Account
has been used or you suspect it has been used without your access method(s) and/or Card(s). Upon cancellation, you are
authorization. If your Account is used without your not entitled to use your Card or access your Account and must
authorization, your liability is limited to $50, provided that you repay any outstanding balance and accrued interest
fulfilled your obligations under this Cardholder Agreement. immediately. Even if we have withdrawn your rights and
privileges in connection with your Card and/or Account, this
14. Account Records. Our records will be conclusive proof of
Cardholder Agreement remains in effect for as long as any
use of the Account and will be considered your written
balance is owing on your Account.
request to perform any transaction. Even though you may be
provided with a transaction receipt, verification or 17. Changes to your Account and this Cardholder
confirmation number, the following applies to all transactions Agreement. We may, at any time and to the extent permitted
or other activity on the Account: by law: (1) terminate this Cardholder Agreement; or (2) change
any of the terms and/or conditions of this Cardholder
(a) our acceptance and verification of a transaction will
Agreement (including increasing the AIR applicable to your
be considered correct and binding unless there is an
Account) or any other document comprising this Cardholder
obvious error that can be corrected by us at any time; and
Agreement by sending you written notice to you through
(b) a transaction or other activity on the Account will be Flexiti’s customer portal, at your last known email address as
posted (credited or debited to the Account) on a date it appears in our records, or your physical address, at the
determined by us, which may be different than the date lesser of (i) the minimum notice period required by law, or (ii)
on which the transaction or other activity occurred. 30 days before the such change(s) will become effective. If
15. Payments. You must pay at least the minimum payment you move from one jurisdiction to another, you agree that we
due (as calculated in accordance with this Cardholder may amend or replace this Cardholder Agreement with our
Agreement) shown on your monthly statement. You may cardholder agreement that applies in the jurisdiction to which
prepay all or part of your outstanding Account balance at any you have moved. You must immediately inform us if you
time. All payments must be made in money that is legal tender change your address.
in Canadian currency at the time of payment. Payments may 18. How we Apply Payments. When we receive a payment
be made electronically through online banking or by mail to from you, we use that payment to pay off your Account
Flexiti at the address shown on your monthly statement. We balance in the following order: minimum payment due, then
will credit payments made to us electronically on the business (1) fees; (2) insurance; (3) interest; (4) amounts subject to
day on which payment is received by us. If you choose to pay interest; (5) amounts subject to deferred interest; and (6) non-
by cheque, we will credit payments made through the mail to interest bearing amounts. Amounts owing subject to a
the Account on the date we receive the cheque. promotion will be paid in order of the highest promotional
If you have problems regarding any product or service interest rate to the lowest promotional interest rate, except
purchased with your Card or Account, you must settle the where an amount subject to a deferred interest promotion is
problem directly with the Merchant Partner (even if the expiring within the next two billing cycles, in which case such
Merchant Partner no longer carries on business) (“Merchant amount will take precedence.
Dispute”). Your are responsible for all amounts charged and 19. Our Rights if you Default. You are in default of this
owing on your Account and must continue to make at least Cardholder Agreement if you: (a) do not fully pay any payment
the minimum payment by the payment due date shown on when it is due; (b) violate a provision of this Cardholder
your statement to keep your Account in good standing even if Agreement or any other agreement you have entered into
you have a Merchant Dispute. If a Merchant Partner issues with us or our affiliates; (c) you become the subject of
you a credit note, we will credit such amount to your Account bankruptcy, insolvency, attachment or garnishment
on the day we receive such credit note transaction. If we have proceedings; (d) you provide us with misleading, false,
charged you any interest as a result of the original transaction, incomplete or incorrect information; (e) you advise us that you
you must still pay that interest. We will not refund any interest are unable or unwilling to abide by the terms of this
previously paid for that transaction. Cardholder Agreement; or (f) you die. To the extent permitted
16. Closing your Account. You may advise us at any time by applicable law, if you default under this Cardholder
that you wish to close your Account. If you do so, this means Agreement, we may take any one or more of the following
you will no longer be able to make purchases or receive actions: (a) cancel the terms of all promotions applicable to
extensions of credit under your Account. However, this your Account (including, if applicable, revoking the waiver of
Cardholder Agreement remains in effect for as long as any any interest by us) and require you to pay your Account
balance is owing on the Account. Except as required by law, balance according to the terms of this Cardholder Agreement
we have the right at any time without notifying you in advance, applicable to Regular Credit Purchases, including, if
6
 V16.2 0222 QC

applicable, increasing the rate at which interest accrues to the territory from where you applied for your Account, without
next highest AIR set forth above; (b) require you to pay your any regard for conflict of law rules.
Account balance immediately; (c) cancel any payment 22. Limits on Flexiti’s Liability. We make every effort to
protection insurance applicable to your Account; (d) suspend ensure that your Card and Account is accepted by and
or cancel your Account privileges; (e) bring an action or available for use at Merchant Partners. However, we will not
proceeding to collect all amounts owed to Flexiti by you, be liable to you for any damages whatsoever, including
including costs we incur in connection with any of our special, indirect, or consequential damages you incur if your
collection efforts, as well as reasonable legal fees and Card and Account are not accepted at a Merchant Partner
disbursements; (f) deduct money from any other account you location, or if your purchase cannot be processed. Except as
have with us or any of our affiliates and use it to pay the otherwise provided in this Cardholder Agreement or
amount (or part of the amount) that is owing to us; and (g) otherwise expressly provided by applicable law or regulation,
exercise any other rights or remedies we may have at law, in you agree that Flexiti and its affiliates, officers, directors,
equity or under this Cardholder Agreement. employees, consultants, agents, service providers, and
The term “merchant” in the paragraph below means Flexiti licensors (the “Flexiti Parties”) will not be liable for any loss,
Financial Inc. injury or damage, including, without limitation, direct, indirect,
Clause required under the Consumer Protection Act incidental, special, consequential or punitive damages,
whether under a contract, tort, civil liability or any other
(Clause of forfeiture of benefit of the term)
theory of liability, arising in any way out of enrollment in, use
Before availing himself of this clause, the merchant must and maintenance of the monthly statement, or of the internet
forward the consumer a notice in writing and unless he is access provider used to access the monthly statement, or of
exempted in accordance with section 69 of the General the equipment used to access the monthly statement,
Regulation, he must forward him a statement of Account. including, without limitation, any loss, injury or damage
Within 30 days following the receipt by the consumer of the relating to any misuse, malfunction or interruption of the
notice and, where necessary, of the statement of Account, the electronic presentation of the Statement, error, omission,
consumer may: interruption, defect, delay in operation or transmission,
a. either remedy the fact that he is in default; computer virus, line failure or unauthorized interception or
access to your communication with us, the impossibility of
b. or present an application to the court to have the terms
viewing the monthly statement further to a malfunction,
and conditions of payment prescribed in this contract
failure, or misuse, or any other interruption of the electronic
changed.
presentation of the monthly statement, to the extent due to
It is in the consumer’s interest to refer to sections 104 to 110 acts beyond Flexiti’s control, even if we are aware of the
of the Consumer Protection Act (chapter P-40.1) as well as to possibility of such events.
section 69 of the General Regulation made under that Act and,
23. Indemnification. You agree to indemnify, defend, and
where necessary, to communicate with the Office de la
hold the Flexiti Parties harmless from any and all third-party
protection du consommateur.
claims, liability, damages, and/or costs (including but not
20. Disputes with Merchant Partners. We will not be limited to reasonable legal fees) arising from (a) a third-party
responsible for any problem you may have with any purchase claim, action, or allegation of infringement, misuse or
on your Account, or for any dispute with a Merchant Partner misappropriation based on information, data, files, or other
regarding a purchase charged to your Account. In the event of materials submitted by you to Flexiti’s customer portal; (b) any
a problem or dispute, it is still your obligation to pay your fraud, manipulation or other breach of this Cardholder
balance as required and settle the problem or dispute directly Agreement by you; (c) any third-party claim, action, or
with the Merchant Partner in question. allegations brought against Flexiti arising out of or relating to
21. What Law Applies. If you are a resident of Canada, this a dispute with you over the terms and conditions of an
Cardholder Agreement is governed by, and shall be construed agreement or related to the purchase and sale of any goods
in accordance with, the laws of the province or territory in or services; (d) your violation of any law or rights of a third
Canada where you permanently reside as it appears in our party; or (e) your use of the provision of the service or use of
records and the federal laws applicable therein and you your Account by any third party. Flexiti reserves the right, at
consent to the exclusive personal jurisdiction of the courts its own expense, to assume the exclusive defence and control
of such jurisdiction, without any regard for conflict of law of any matter otherwise subject to indemnification by you, in
rules. If you are not a resident of Canada, this Cardholder which event you will cooperate with Flexiti in asserting any
Agreement is governed by, and shall be construed in available defences. You will not settle any action or claims on
accordance with, the laws of the province of Ontario and the Flexiti’s behalf without the prior written consent of an
federal laws applicable therein and you consent to the authorized officer of Flexiti.
exclusive personal jurisdiction of the courts of any province or 24. Your Rights and Obligations under the Consumer
Protection Act (Quebec)
7
 V16.2 0222 QC

For the purposes of this section, the term “merchant” means to that effect at his last known address or technological
Flexiti Financial Inc. address.
Clause required under the Consumer Protection Act Any subsequent payment made by the consumer must be
(High-cost open credit contract for the use of a credit applied to the debts contracted before the notice was sent to
card) the merchant.

A consumer may resolve, free of cost, this contract within 10 (3) A consumer who has entered into a preauthorized
days after the date on which each party takes possession of a payment agreement with a merchant under which payments
duplicate of the contract. are made out of credit obtained under a credit card contract
may end the agreement at any time by sending a notice to the
To resolve the contract, the consumer must
merchant.
(a) remit the part of the granted credit that the
On receipt of the notice, the merchant must cease to collect
consumer used to the merchant or the merchant’s
the preauthorized payments.
representative if the credit has been granted at the time each
party took possession of a duplicate of the contract. On receipt of a copy of the notice, the card issuer must cease
debiting the consumer’s account to make payments to the
(b) send a written notice to that effect or remit the part
merchant.
of the granted credit that the consumer used to the merchant
or the merchant’s representative if the credit has not been (4) The consumer is not liable for debts resulting from
granted at the time each party takes possession of a duplicate the use of a credit card by a third person after the card issuer
of the contract. has been notified, by any means, of the loss, theft or
fraudulent use of the card or of any other use of the card not
The contract is resolved, without other formality, as soon as
authorized by the consumer. Even if no notice was given,
the consumer remits the part of the credit that the consumer
consumer liability for the unauthorized use of a credit card is
used or sends the notice.
limited to $50. The consumer is held liable for the losses
(1) If the consumer uses all or part of the credit extended incurred by the card issuer if the latter proves that the
to make full or partial payment for the purchase or the lease consumer committed a gross fault as regards the protection
of goods or for a service, the consumer may, if the open credit of the related personal identification number.
contract was entered into on the making of and in relation to
(5) Without delay at the end of each period, the
the sale, lease or service contract, and if the merchant and the
merchant must send the consumer a statement of account .
open credit merchant collaborated with a view to granting
The merchant is not required to send a statement of account
credit, plead against the lender any ground of defence
to the consumer at the end of any period if there have been
urgeable against the merchant who is the vendor, lessor,
no advances or payments during the period and the
contractor or service provider.
outstanding balance at the end of the period is zero.
The consumer may also, in the circumstances described in the
(6) If the consumer makes a payment at least equal to
first paragraph, exercise against the open credit merchant, or
the outstanding balance at the end of the preceding period
against the merchant’s assignee, any right exercisable against
within 21 days after the date of the end of the period, no credit
the merchant who is the vendor, lessor, contractor or service
charges may be required from the consumer on that
provider if that merchant is no longer active or has no assets
outstanding balance, except as regards money advances. In
in Québec, is insolvent or is declared bankrupt. The open
the case of a money advance, charges may accrue as of the
credit merchant or the merchant’s assignee is then
date of the advance until the date of payment.
responsible for the performance of the obligations of the
merchant who is the vendor, lessor, contractor or service (7) The consumer may demand that the merchant send,
provider up to the amount of, as the case may be, the debt without charge, a copy of the vouchers for each of the
owed to the open credit merchant at the time the contract is transactions charged to the account during the period
entered into, the debt owed to the assignee at the time it was covered by the statement. The merchant must send the copy
assigned to him or the payment the open credit merchant of the vouchers requested within 60 days after the date the
received if he assigned the debt . consumer’s request was sent.

(2) A consumer who is solidarily liable with another (8) Until the consumer receives a statement of account
consumer for the obligations arising from an open credit at his address or technological address if expressly authorized
contract is released from the obligations resulting from any by the consumer, the merchant must not claim credit charges
use of the open credit account after notifying the merchant in on the unpaid balance, except as regards money advances
writing that he will no longer use the credit extended and no It is in the consumer’s interest to refer to sections 73, 74, 76,
longer intends to be solidarily liable for the other consumer’s 103.1, 111, 112, 122.1, 123, 123.1, 124, 126, 126.2, 126.3, 127
future use of the credit extended in advance, and after and 127.1 of the Consumer Protection Act (chapter P-40.1)
providing proof to the merchant, on that occasion, that he and, if further information is necessary, to contact the Office
informed the other consumer by sending him a written notice de la protection du consommateur.
8
 V16.2 0222 QC

25. Replacement cards. You agree that Flexiti may issue and you, that part is ineffective without invalidating the rest of this
provide you a Card, and renewals and replacements of the Cardholder Agreement.
Card and/or another method to access your Account from 29. Waiver. Notwithstanding anything herein, we will not be
time to time. Any such replacement Card may have features deemed to have waived any of our rights, either at common
and benefits that are not identical to the features and benefits law or in equity, under this Cardholder Agreement unless such
of the Card it replaces. waiver is made in writing. No waiver made with respect to any
26. Consolidation of accounts. If you have more than one instance involving the exercise of such right(s) will be deemed
credit card account with us, we may transfer balances to be a waiver with respect to any other instance involving the
between your Accounts and we may combine or consolidate exercise of the right(s) or with respect to any other such
your Accounts. right(s).
27. Interest Rate. If any provision of this Cardholder 30. Assignment. We may, from time to time, without prior
Agreement would oblige you to make a payment of interest or notice to you or your consent, sell, assign or transfer all or any
other amount payable to us in an amount or calculated at a part of your outstanding balance on your Account and/or any
rate that would be prohibited by law or would result in receipt other of our rights and obligation(s) under this Cardholder
by us of “interest” at a “criminal rate” (as such terms are Agreement and give information about you and your Account
construed under the Criminal Code (Canada)), then, to the purchaser or transferee. You do not have the right to
notwithstanding such provision, such amount or rate shall be assign or transfer your rights and obligations under this
deemed to have been adjusted with retroactive effect to the Cardholder Agreement, your Card or your Account to anyone
maximum amount or rate of interest, as the case may be, as else. Your use of your Card and the Account will bind your
would not result in receipt by us of “interest” at a “criminal estate and legal representatives.
rate” such adjustment to be effected, to the extent necessary 31. Language Preference . The parties have asked to have
(but only to the extent necessary), by reducing (1) any fees, this Cardholder Agreement and all related documents drawn
commissions, premiums, and other amounts required to be up and executed in English. Les parties exigent que cette
paid to or on behalf of us that would constitute “interest” for convention et tous documents qui s’y rattachent soient rédigés en
purposes of the Criminal Code (Canada); or (2) the amount or anglais.
rate of “interest” required to be paid to us, as elected by us,
32. How to Contact Us. For further information about your
and any amount previously paid by you that is included in
Account, you may call us at 1-877-259-3745 or email us at
such reduction shall be returned to you.
service@flexiti.com.
28. Severability. If any part of this Cardholder Agreement is
held to be contrary to the laws of the jurisdiction applicable to

V16.2 0222 QC

9
 FLEXITI’S PRIVACY POLICY

FLEXITI’S COMMITMENT TO PRIVACY

Flexiti is committed to providing you with exceptional service. Providing this service involves the
collection, use and disclosure of personal information as set out in this Privacy Policy. Personal
information refers to any information that identifies you as an individual. Protecting this information
is one of our highest priorities. When you apply for an account with Flexiti, we inform you of why and
how we collect, use and disclose your personal information and obtain your consent to do so. Our
privacy commitment includes ensuring the accuracy, confidentiality and security of your personal
information.

SCOPE OF THIS POLICY

In this Privacy Policy, the words “us”, “we” and “Flexiti” mean Flexiti Financial Inc., FLX Holding
Corporation and their subsidiaries and the words “you” and “your” mean the individual whose
information may be collected, used and/or disclosed. “Merchant Partners” means all businesses in
the Flexiti Network with whom you may use your FlexitiCard.

This Privacy Policy applies to all of Flexiti’s business activities and to all of our Websites (including,
www.flexiti.com, www.flexitifinancial.com, www.flexiti.ca, www.flexitifinanciere.ca,
www.flexitifinanciere.com, portal.flexiti.fi, my.flexiti.com and www.flexiti.fi) each of these websites is
individually referred to as ”Website”, or collectively as ‘Websites”.

If you are an individual who has applied for credit with us or if you are an account holder, this Privacy
Policy applies to your personal information. This Privacy Policy also applies to the personal
information of individual owners of sole proprietorships and the personal information of Merchant
Partner guarantors, principals, owners, directors and officers. This Privacy Policy also applies in
respect of your personal information that is shared with our affiliates, Merchant Partners and service
providers that collect, use, disclose or store personal information on behalf of Flexiti.

CHANGES TO OUR PRIVACY POLICY

Flexiti occasionally updates its Privacy Policy. If we make changes to this Privacy Policy, we will post
these changes here. If you are a Flexiti account holder, we will notify you of any significant changes to
our Privacy Policy if they apply to you.

PERSONAL INFORMATION COLLECTED BY FLEXITI

To provide you with the requested products and services, we must collect personal information
from you, which includes:

• Your contact information, including your name, address, telephone number and email
address;
• Your identifying information, including your date of birth, social insurance number (optional),
information from your driver’s license or other government identification;
• Information we use to authenticate you, such as your mother’s maiden name or your personal

10
Last Modified April 2023
V16_0423
 identification word;
• Your financial information including income, expenses, assets and liabilities;
• Your credit information (such as credit history, payment history and account details pertaining
to other credit accounts you have, payment history and details pertaining to your Flexiti
account, and all other personal information that affects your credit that has been provided to
you or that you have applied for);
• Your banking information;
• Information about your interests and purchasing preferences; and
• Your location information, including your internet protocol (“IP”) address and geo-location
data.

HOW YOUR PERSONAL INFORMATION IS COLLECTED BY FLEXITI

We collect information about you in the following ways:

• Information you provide us through in-store applications;

• Information you provide us through applications via a Merchant Partner website;
• Information you provide us through the online forms and applications on our Websites;
• Information that you provide us when you contact us by email or phone;
• Information that we receive from third party service providers in the course of verifying and
authenticating your identity;
• Information you provide or generated in the course of you doing business with us, including
details of your purchases and other transactions;
• Information from credit reporting agencies and/or credit bureaus;
• Information collected by cookies or other technologies on our Websites;
• Information that we receive from our affiliates; and
• Transaction information our Merchant Partner(s) share with us.

HOW YOUR PERSONAL INFORMATION IS USED BY FLEXITI

We use the personal information collected from you for the following reasons:

• Account Administration:
o To open, manage and administer your account, which includes,
▪ making decisions about your applications, accounts and transactions;
▪ verifying and authenticating your identity; and
▪ evaluating your creditworthiness and conducting risk assessments;
o If you choose to give us your social insurance number (optional), to match credit
bureau files and verify your identity;
o To understand your credit, financial, and insurance needs;
o To assign or sell your account, or amounts owing under your account to a third party;
o To enforce our agreements with you and collect amounts owing to us; and
o To deliver products and services to you, to service your account and to respond to
your requests about applications, accounts and our services.

• Secondary Purposes:
o To send you marketing information about Flexiti and our affiliates, Merchant Partners

11
Last Modified April 2023
V16_0423
 or service providers;
o To promote the products and services of Flexiti, our affiliates, Merchant Partners or
service providers;
o To allow our affiliates, Merchant Partners or service providers to promote their
products and services directly to you; and
o To determine what products and services to market to you and to create new products
and services.

• Other Business Purposes:

o To fulfill the purposes identified at the time of collection;
o To perform data analytics;
o To investigate, mitigate and prevent potential or actual fraud;
o To ensure a high standard of service to our account holders and our Merchant
Partners, including the resolution of any issues;
o To tailor and improve our products, services, processes and Websites to meet the
needs of our applicants, account holders and Merchant Partners;
o To meet legal, regulatory, security and internal policy requirements, including any
requirements that may be applicable to our service providers;
o To ensure quality control, internal training, and record-keeping purposes, your
telephone conversations with our representatives will be monitored and/or recorded;
o To provide credit reporting agencies with information about you and your account,
which helps them establish your credit history and supports the credit granting
process;
o To investigate an anticipated breach of an agreement or a contravention of law; and
o For such other purposes as we may identify to you from time to time or as permitted
or required by law.

WHO CAN ACCESS YOUR INFORMATION?

Your personal information will be accessed by our employees, agents and service providers in
connection with the purposes described above. We may disclose your personal information (including
credit bureau information) to our affiliates, service providers and Merchant Partners to fulfill the
purposes identified above or otherwise at the time of collection. These companies may use your
personal information for their own business purposes, including marketing, customer service,
fulfillment and related purposes. Additionally, we may disclose your personal information to Flexiti
affiliates for customer support, data analysis, marketing, technical operations, account administration
purposes and to improve Flexiti and our affiliates’ services.

If you have purchased creditor insurance, we collect information on behalf of and share information
with the insurance provider to help sell and administer the insurance to you and facilitate claims.

Flexiti, and the third parties with whom we share your personal information in accordance with this
Privacy Policy, may contact you by email, text, SMS, instant message, telephone or in writing, using the
contact information you provided to us.

12
Last Modified April 2023
V16_0423
WITHDRAWING CONSENT FOR SECONDARY PURPOSES

Subject to certain exceptions, you can withdraw your consent for us to use or disclose your personal
information with affiliates, service providers and Merchant Partners for promotional, marketing or
related secondary purposes, as long as you give reasonable notice of withdrawal. You may choose to
opt-out from promotional electronic and other communications at any time by contacting us at 1-877-
259-3745. You may unsubscribe from emails from Flexiti by following instructions found in email
communications from us.

RETAINING PERSONAL INFORMATION

We keep information for so long as it is reasonably required by us or legally necessary for us to retain
such information. If personal information has been used to make a decision about you, we will keep
the personal information long enough for you to have access to it after the decision has been made.

DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF CANADA

Flexiti and its service providers may process and store personal information outside of Canada,
including in Argentina, Australia, New Zealand, Panama, the Philippines, the United Kingdom and the
United States. While outside of Canada, personal information will be subject to applicable foreign
laws, which may not afford the same level of protection to personal information as the laws of Canada.

SECURING PERSONAL INFORMATION

We are committed to ensuring the security of your personal information to protect it from
unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. We
store much of your information electronically. We protect personal information with safeguards
appropriate to the sensitivity of the information. However, no method of transmission over the
internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your
personal information, we cannot guarantee its absolute security. If a password is used to protect your
account and personal information, it is your responsibility to keep your password confidential.

We also have organizational processes in place to limit access to your personal information by our
affiliates, personnel, third parties, Merchant Partners and service providers collecting, using or
disclosing personal information on our behalf. Where applicable, personal information will be
destroyed using appropriate security measures.

ACCESS TO PERSONAL INFORMATION

You have a right to access your personal information, subject to limited exceptions. A request for
personal information must be in writing and provide sufficient detail to identify the personal
information sought. A request to access personal information should be made by contacting us at the
address set out below. If a request is refused in full or in part, we will notify you in writing, providing
the reasons for refusal.

13
Last Modified April 2023
V16_0423
INTEREST-BASED ADVERTISING

Flexiti engages in interest-based advertising. We work with advertising companies that use their own
technologies (including cookies) on our Websites and other websites to provide you with tailored
advertisements across the internet on third party websites (including on social media platforms).
These companies may collect information about your activity on our Websites and other websites you
visit and your interaction with our advertising and other communications and use this information to
make predictions about your preferences and deliver tailored advertising to you. This information
may also be used to evaluate our online advertising campaigns.

Opting-Out of Interest-Based Advertising:

For more information about interest-based advertising, including how you can opt-out of receiving
interest-based advertising from third-party advertising companies participating in the Digital
Advertising Alliance of Canada (DAAC) Self-Regulatory Program for Online Interest-Based Advertising,
please visit the DAAC website at http://youradchoices.ca/choices.

If you opt-out of interest-based advertising by a third party, these technologies may still collect data
for other purposes, including analytics, and you will still see non-targeted Flexiti ads across the
internet.

Interest-based advertising opt-outs work by saving cookies in your browser that tell the various ad
partners that you have opted-out. You must opt-out from each web browser from which you do not
want to receive interest-based advertising, and you must do so on all of your devices, because your
choice will only apply to the web browser from which you opt-out. If you delete or clear your browser’s
cookies, you will need to opt-out again.

COOKIE-BASED INFORMATION

Cookies, web beacons, pixel tags or other technologies may be used by Flexiti on our Websites. Some
of the cookies are set by us and others are set by third parties who deliver services on our behalf. We
use cookies on our Websites to save visitor preferences and passwords. Cookies are also used to
identify which areas of the Website are popular, which areas need improvement and how to target
certain advertising to our Website visitors. We collect the IP addresses of all visitors to our Websites
and other information such as page requests, browser type, operating system and average time spent
on our Websites. We use this information to help us understand our Website activity and to monitor
and improve our Websites.

We do not use cookies to collect personal information except for your age, gender, and interests, and
in connection with password-protected online services. We may combine your visit and navigational
information with personal information that you provide. By visiting a Website, you are consenting to
this collection and use of your personal information. Visitors may visit the Website with its cookies
turned off to avoid the collection of cookie-based information; however, by turning off cookies, you
will be unable to access the password-protected areas of the Website. If you would like to learn more
about how to set your cookie options, please refer to your browser's documentation or online help
for instructions.

14
Last Modified April 2023
V16_0423
We use cookies for the following purposes:

• Strictly necessary cookies. These are cookies that are required for the operation of our
Websites. They include, for example, cookies that enable you to log into secure areas of our
Websites.
• Functionality cookies. These cookies are used to recognize you when you return to our
Websites. This enables us to customize your online experience (for example, by remembering
your choice of language or region).
• Analytical cookies. We may use a third party such as Google to help us gather and analyze
information about the areas visited on the Websites (for example, the pages most read, time
spent, search terms and other engagement data) to evaluate and improve the user experience
and the Websites. For more information or to opt-out from using the Google Analytics opt-out
browser add-on, see “How Google uses data when you use our partners’ sites or apps”.
• Advertising cookies. These cookies help us make the advertising displayed to you more
relevant to your interests and to help us measure the effectiveness of our advertising on other
websites. Please see “Interest-Based Advertising ” above for more information with respect to
Flexiti’s use of advertising cookies and your choices.

ACCURACY AND ACCESS

We will make reasonable efforts to ensure that your personal information is accurate and complete
where it may be used to make a decision about you or disclosed to another company. You may request
correction to your personal information to ensure its accuracy and completeness. A request to correct
your personal information must be made by telephone or in writing to the email address below and
provide sufficient detail to identify the personal information and the requested correction.

QUESTIONS, CONCERNS AND COMPLAINTS

You may direct any questions, concerns or complaints regarding this Privacy Policy and our privacy
practices to our Privacy Officer using the contact information below.

Flexiti Financial Inc.

Attention: Privacy Officer
250 University Ave, Suite 600
Toronto ON, M5H 3E5
Email: privacyoffice@flexiti.com
Phone: 1-877-259-3745 (Customer Service)

15
Last Modified April 2023
V16_0423