Legal Stuff

Privacy Policy

Last Updated: September 27, 2018

Pendo is committed to providing our product and service users with clear and concise information regarding our privacy policy and practices. This Privacy Policy describes in detail our policy and practices regarding the collection, use, and disclosure of user information. By accessing our websites or utilizing our products and services, you consent to the information collection and handling practices outlined in this policy.

This Policy explains how your personal information is collected, used, and disclosed by Pendo and its subsidiaries and affiliated companies (“Pendo” or “We”). This privacy policy (“Policy”) applies to customers that visit the websites of Pendo including www.pen.do (collectively, “Sites”) and our other online applications or services including the Pendo App (“Services”). This
Policy does not apply to websites or services that display or link to different privacy statements or to third party sites or services that may collect information for their own purpose using our platforms.

Information Collected

We collect information about you in various ways when you use our Sites and Services. We collect personal information you provide to us. For example, we collect your name, email address, postal address, phone number, demographics and other information you provide. We may also obtain information from other sources and combine that with information we collect. When you visit or use our Sites and Services, some information is automatically collected. For example, we may collect your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the Web site you visited before our Site are logged automatically. We also collect information about your usage and activity on our Sites, of our Services and on third party sites that use our Services. We also collect information about those who click on links you share using our Services.

Cookies. We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a Web site. Among other things, cookies help us improve our Sites and Services and enhance your experience. We use cookies to see which areas and features are popular and to count visits to our Sites and use of our Services.

Web Beacons. We may collect information using Web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Sharing Of Personal Information

In some circumstances, we use third-party companies, agents, and contractors to perform services on our behalf, such as website optimization, email distribution, processing credit card transactions, infrastructure and IT services, background screening, and other data analysis, processing, or handling functions. In the course of engaging these third party services, Pendo only shares your information to the extent reasonably necessary for the third party to perform the services on our behalf. We do not permit these third parties to use or disclose your personal information except for the purpose of providing the services we request of them. However, please note that Pendo does not maintain control over the privacy policies and practices of any third party companies, agents, or contractors.

Many of the features of our Sites and Services are social by design and allow you to publicly share information about yourself and your activities. We do not sell or share your personal information with third parties other than as described above and as follows: with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies; with third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us; to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Pendo our agents, customers and others including to enforce our agreements, policies and terms of use or (iii) in an

emergency to protect the personal safety of Pendo employees, agents, its customers, or any person; in connection with or during negotiation of any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company. We may also share aggregated or de-identified information with trusted third parties.

Security Of Your Information

Although no data storage or transmission can be 100% secure Pendo takes significant measures to help protect personal information collected about you on our Sites in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Pendo maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (though user and password credentials and software systems) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer encryption to safeguard the account registration and sign-up information, along with the end-user sign-up process. Other safeguards include, but are not limited to data encryption, firewalls, and physical access controls to building and files.

Your Information Choices And Changes

You may opt out of receiving promotional emails from Pendo by following the instructions in those emails. You may also send requests about your contact preferences and changes to your information by emailing contact@pen.do with the subject line “Privacy Policy Notice”. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

Trademarks

The Pendo logo is a registered trademark of Pendo Rental Software Inc. Other brands, logos and marks are trademarks of their respective holders.

Changes To This Policy

Pendo may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above.

Contact

If you have any questions about this Policy, please contact us.

Terms of Use

By using the Pendo Rental Software Inc. (referenced here as “Pendo”, “us”, “we” or “our”) website, the Pendo services (the “Services”) or by clicking the “I accept” button you are agreeing to be bound by the following terms and conditions including all amendments made from time to time (the “Terms of Use” and/or the “Agreement”).  The Terms of Use apply to all visitors, users and others who access our website or use the Services.

Please read the Agreement carefully as it is a legal and enforceable contract between you and us.

Services and Products.  The Services provided allow Pendo landlords to manage all of their business online and in one place.  The Services currently provide landlords with the ability to set up online:

  1. listing single property websites;
  2. rental applications for their properties;
  3. lease agreements;
  4. tenant screening including social, behavioural and financial profiling;
  5. tenant onboarding;
  6. cash-flow management;
  7. rent collection;
  8. payment of rent and other associated fees (PendoPay);
  9. financial reporting; and
  10. document storage.

Pendo is not a real estate agent, property manager or broker.  We do not screen properties or listings and do not provide advice nor do we provide any warranties on the suitability or acceptability of properties, landlords, or potential tenants.  Pendo is not responsible for the outcome of any application made nor should you rely on us for any decisions you make in connection with the Services provided.

Pendo is not a party to any lease agreement between the landlord and tenant.  All agreements must be made between the landlord and tenant directly.

You acknowledge and agree that we reserve the right to modify the Services (or any part thereof) from time to time and that we shall not be liable to you or to any third party for any modification of the Services.

You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Services for your convenience, have made your own independent assessment of the adequacy of the internet as a delivery mechanism for providing information to or accessing information from tenants and for initiating instructions and that you are satisfied with that assessment.

The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Pendo may periodically add or update the information and materials on this website without notice.

Backup.  Pendo will backup all applications and data within its control. It is, however, always recommended that you have your own copies of financial records and any material agreements or other important documents. While Pendo will make every effort to ensure a reliable backup is always maintained of all data, Pendo will not be responsible for loss of data under any circumstance.

Eligibility.  To use our Services as an individual, you must be at least 18 years old and able to form legally binding contracts under applicable law. If you are not an individual, you must be an authorized representative of a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable) and in good standing. You must have the power and authority to enter into this Agreement and perform acts as required by you under this Agreement.

You must provide your current contact information, valid identification, and a valid email address and any other information that may be required as part of the registration process and/or continued use of the Services.

You are responsible for maintaining the confidentiality of your Services password and account and are responsible for all activities that occur thereunder.

Pendo reserves the right to refuse you the Services at any time without notice for any reason.

Fees

All fees are subject to change without notice.

Tenant Screening: Landlords that wish to purchase this service agree to pay one of the following fees:

  • Pre-screen report: $4.99
  • Full Screen report (Pre-screen + Credit Report): $19.99

Failed Payment: Landlords agree to pay a fee as a result of a failed tenant payment due to insufficient funds. Please be advised that this fee is separate from any bank fees you may also be subject to.

  • NSF Fee: $5.00 per failed transaction.  

PendoPay:  A fee will be incurred for every PendoPay transaction.  It is at the Landlord’s discretion to whether the Landlord or their Tenant will pay the fee.

  • Transaction Fee: $1.00

Rights and Restrictions. Subject to the payment of such fees as may be applicable and your compliance with the Terms of Use, Pendo grants you a non-exclusive, non-transferable, limited right and license to use the Services.

Please note that:

  1. You are responsible for your employees, agents, associates or anyone else you have authorized to use the Services and must ensure that those authorized users comply with the Terms of Use.
  2. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
  3. You will notify us immediately of any such unauthorized access or use. It is your responsibility to remove access to the Services if the authorized status of a designated employee, agent, associate or any other authorized user changes.

Reservation of Rights. No other rights are granted except as expressly set forth in the Terms of Use, and nothing herein conveys any rights or ownership in, or to, the Services or any underlying software or intellectual property. Pendo owns all right, title and interest, including all intellectual property rights, in and to the Services and the underlying software, and any and all updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and/or program(s) developed by us or our licensees during the course of performance of the Services

Responsibilities and Proper Use.  

  • You agree to use the Services in compliance with all applicable local, provincial, national, state, federal and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence and any laws regarding the privacy and the protection of personal or consumer information, if applicable. You will not nor will you encourage any third party to:
  • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Pendo in its sole discretion;\
  • use the Services for any fraudulent, illegal or inappropriate purpose;
      • resell, duplicate, reproduce or exploit any part of the Services without the written consent of Pendo;
      • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services;
      • use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

You understand and agree that any breach of the above terms and conditions may result in immediate termination of the Services and this Agreement at the sole discretion of Pendo.

    • You are responsible for all activities that occur under your account or by your authorized users and have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data and information that you submit to the Services or post to your account.
    • Pendo is not responsible for the accuracy, quality, integrity, legality, reliability, or appropriateness of any data or information exchanged between a landlord and a tenant including information exchanged relating to any post, application or agreement.  Pendo does not review or approve the data or information submitted to the Services, posted on the account or exchanged between the landlord and tenant.
    • If you are a landlord, you agree that you are familiar with all applicable laws, rules and regulations relating to landlord and tenant relationships, fair-housing legislation and all antidiscrimination and human rights legislation, as applicable.

Limited License. By submitting, transmitting, distributing, uploading or posting information, data, text, other login information, materials and other content through the Service, you are licensing that content to Pendo for the purpose of providing the Service.

Tenant Screening. Pendo offers landlords tenant screening services through a third party screening organization for an additional fee. Typical screening may include ordering and sharing credit reports, social and behavioral profiles, as well as, criminal record checks of potential tenants (the “Tenant Report”). When a landlord asks for a Tenant Report, both the landlord and the tenant will be required to agree to the terms of use specifically relating to the Tenant Report and which can be found within your registered account via https://app.pen.do.

Although the information will be analyzed and compiled by our third party screening organization, we may ask you for your social insurance number and other personally identifying information (such as information about other creditors you have had), which we will share with our third party screening organization for the purposes of preparing and sharing the Tenant Report and verifying your identity.

We are not a credit bureau and do not control or verify the contents of the Tenant Report or the information contained therein. Pendo is NOT responsible for the contents of any Tenant Report, credit report or any credit score, whether correct or incorrect.

Pendo provides a tenant screening service through a third-party screening organization that assists landlords with the screening process. All decisions regarding the suitability or acceptability of a tenant is solely within the discretion of the landlord. Pendo is not responsible for the outcome of any application made by the tenant and provides no guarantees whatsoever that the tenant will be accepted by the landlord once an application is completed. In the event of a landlord and tenant dispute, neither Pendo nor any of the Services it provides is liable for any faults.

While Pendo will make reasonable efforts to ensure the screening service is available, please note that tenant screening is provided by a third party screening organization and may not be available for all landlords or at all times for various reasons, including reasons beyond our control or about which we may not have specific information.

If you are a landlord requesting a Tenant Report or a background check report from a potential tenant:

    • You certify that your request is made lawfully and that you are making such request, and will use the Tenant Report, for the purpose of your own evaluation of the potential tenant in connection with that tenant’s rental application and for no other purpose.
    • You will not sell or give the Tenant Report, or information contained in or derived from it, to the potential tenant, or to any other third party, and you expressly agree to refrain from such conduct.
    • You have never been involved, and will not become involved, with any credit fraud or other unethical business practice.
    • You will hold the Tenant Report in compliance with all applicable federal (including, but not limited to the FCRA & PIPEDA), provincial and state laws, rules, regulations and judicial actions, as now or as may become effective, to which the Tenant Report may be subject to.
    • You agree to indemnify, defend, and hold harmless Pendo and our affiliates, agents, officers and employees (including without limitation our third-party screening organization or reporting agencies and affiliates) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Tenant Report, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees.
    • You will hold the Tenant Report (and any reports and other information contained therein) in confidence and shall not disclose the Tenant Report (or any reports and other information contained therein) to any third party, except as required by law (i.e., an order of a court or data request from an administrative or governmental agency with competent jurisdiction) to be disclosed.
    • You understand and acknowledge that the FCRA, PIPEDA and some Provincial legislation provide that any person who knowingly and willfully obtains information on a tenant from a consumer reporting agency under false pretenses may be fined and/or imprisoned.
    • In the event that you decide to deny a benefit or to increase a charge to the tenant, in part on credit information found in the Tenant Report, you must advise the tenant that you obtained the credit information from our third party screening partner. In this situation, you must provide the tenant who is declined a benefit or where a charge is increased, with our contact information so that we may arrange for the tenant to verify the content of their file.

Third Party Verification.  Pendo may use third-party identity verification services to help ensure that you are who you say you are. Once your identity has been verified, we can then enable certain of the Services such as electronic payments and tenant screening. Pendo does not, however, control, verify or guarantee the accuracy of any identity verification service and is NOT responsible or liable for any actions that may be taken by either the landlord or tenant as a result of any inaccuracies in any reports or other information obtained via the Services.

PendoPay.  PendoPay allows tenants in Canada to pay rent or fees to their landlord or property manager via Automated Clearing House. Pendo is not a bank, or money services business.  Pendo relays information between the landlord, tenant and bank.

Pendo may, in its sole discretion, impose limits on the amounts that may be transferred using the payment Service.

TENANTS:  By providing us with your banking, debit card or other payment information, you authorize us to use it and disclose it to our payment providers for the purpose of processing the payments you authorize on the payment Service. If you authorize recurring automatic payments, you agree that funds may be debited from your account without any further right to receive advance notice from us, our agents or the landlord.  Any authorization you provide to make recurring automatic payments using the payment Service will remain in effect until cancelled in accordance with the terms of this Agreement.

Payment providers may aggregate your information for other purposes. If they do so, the information aggregated will not identify you personally or disclose any personal information about you unless the information must be disclosed to comply with the law.

In the event that any payment that you initiate using the payment Service fails to complete for any reason whatsoever, the landlord reserves the right to seek payment from you directly.

Pendo is NOT responsible for the payment of rent or fees to your landlord or property manager: Any failure in relation to making a payment to your landlord or property manager is your sole responsibility and Pendo is not liable, in any way, for your failure or inability to make payments to your landlord or property manager.

Pendo is not responsible for what the recipient of your money does with the payments you make through the payment Services.  

LANDLORDS.  Receiving Recurring Automatic Payments. If you receive authorized recurring automatic payments, you must comply with the following requirements:

      • Authorization. You must receive the tenant’s prior authorization for the amount, frequency, and duration of the pre-authorized payment.
      • Required Cancellation Procedures for authorized Recurring Payments. You must provide tenants with the ability to cancel an authorized recurring payment within three (3) business days of the scheduled date of the payment.

Pendo is not responsible for the payment of rent or fees to you by a tenant. Any failure in relation to a tenant’s ability to make a payment to you is the sole responsibility of the tenant, and Pendo is not liable, in any way, for any failure or inability of a tenant to make a payment to you.

If your bank initiates reversal, chargeback, or dispute of a payment made to you, you authorize Pendo and our agents to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures.

In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the payment Service has occurred.

You agree that Pendo may charge you a fee if we are required to reverse or otherwise debit funds from your account.  

It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.

Limitation of Liability.  

THE SERVICES ARE PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR AGENTS, ASSOCIATES, PARTNERS, SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICES, THAT THE SERVICES WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICES OR ANY ASPECT OF THE SERVICES IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES IN THE ONE YEAR IMMEDIATELY PROCEEDING THE EVENT THAT IS THE BASIS FOR SUCH CLAIM.

WE HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, RULES OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY PROVINCIAL, FEDERAL OR STATE LAWS, STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

ADDITIONALLY, PENDO SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.

 

  • Indemnification.  You agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers and employees, and vendors (including without limitation our third-party screening organizations and reporting agencies and affiliates) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees.
  • Termination.  We reserve the right to refuse, suspend or discontinue Services to anyone for any reason and at our sole discretion. We may terminate or suspend your account if, for example, you engage in illegal or fraudulent conduct, provide inaccurate, incomplete, false, or misleading information. We may also terminate or suspend Services for violation of the Terms of Use or any of our policies, or if your use of the Services poses an unacceptable risk to us.
  • Modification. We reserve the right in our sole discretion to alter the Terms of Use at any time and to make changes on how we provide or operate the Services.  We may also modify, add, suspend and discontinue the Service. We will notify you on the site or via email of important changes. You are free to cancel or discontinue using the Services at any time without penalty. Your continued use of the Services following a change to the Terms of Use constitutes your acceptance of the change and modifications.
  • Governing Law and Legal Proceedings.  If you violate any of the Terms of Use and we do not take action right away, that DOES NOT mean we are waiving any of our rights. The Terms of Use are governed by the laws of British Columbia and the laws of Canada, as applicable. By accessing the Services, you hereby submit and attorn to the jurisdiction of the Courts of the Province of British Columbia for any disputes or matters arising from, connected with, or relating to the Services, the Terms of Use or the Privacy Policy. You further consent to personal jurisdiction in the courts located in the City of Vancouver. If any part of the Terms of Use are held to be invalid or unenforceable, the rest of the Terms of Use will still apply.

Pendo may generate and use anonymous information (information that does not identify you) in the form of aggregate or demographic data to develop, enhance or validate our products, processes or services. Personal information will necessarily be used to generate anonymous information and, when required, to research, validate and test the use of anonymous information in such processes, products, services and enhancements.  In addition, we may provide anonymous information in the form of aggregate or demographic data to other clients or service providers. 

If you cancel your account, any or all of your information may be immediately (or at some point in the future) deleted. You should save a copy of anything important before cancelling your account.

Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.

  1. Links to Other Websites.  The Services may contain links to third-party web sites or services that are not owned or controlled by Pendo.  Pendo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You agree that Pendo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or service.  You acknowledge that it is your responsibility to read and understand the terms and conditions and privacy policies of any third-party web site or service that you visit.

Contact Information. If you have any questions about the Terms of Use, please contact us at contact@pen.do.