Last Updated: January 22, 2020
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.
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.
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.
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
The Pendo logo is a registered trademark of Pendo Rental. 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.
If you have any questions about this Policy, please contact us.
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:
- listing single property websites;
- rental applications for their properties;
- lease agreements;
- tenant screening including social, behavioural and financial profiling;
- tenant onboarding;
- cash-flow management;
- rent collection;
- payment of rent and other associated fees (PendoPay);
- financial reporting
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.
Billing and cancellation.
Renewals. Billing for a paid account will commence upon starting a paid subscription. Your subscription will automatically renew based on the monthly or yearly plan selected. The billing cycle date is displayed on screen upon starting a new subscription and can also be found in the Pendo account under Plan.
Refunds. Refunds/credits will not be issued for purchased that have already been processed/charged.
Cancellation. A paid subscription can be cancelled at anytime. Refunds or credits will not be issued for amounts that have already been charged. Account deletions are not recoverable. All information entered into Pendo & PendoPay (if applicable) will be deleted.
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:
- Softcheck report: $8.99
- Full Screen report (Softcheck + Credit Report): $19.00
Incomplete Payment: Landlords agree to pay a fee as a result of a failed tenant payment due to insufficient funds, stopped payment, bank account closed or incorrect bank account information provided to PendoPay. Please be advised that this fee is separate from any bank fees you may be incurred.
- NSF Fee: $10.00 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
Please note that:
- You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
- 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.
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 anti-discrimination 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.
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 pretences 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.
Pendo requires proof of identification from a landlord and any tenants added to the Pendo platform that is using the PendoPay system. Pendo may also conduct verification checks via telephone to confirm a tenants use of the PendoPay system. Please be advised that additional time may be required to complete these steps and as a result, the payment processing time will be delayed. Pendo reserves the right to refuse access to the PendoPay system to anyone for any reason.
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 will 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.
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.
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.
- 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.