Introduction
At RE/MAX Realty Specialists Inc. (“the Company”), we understand the importance of the protection of the privacy of the personal information of individuals. This document sets out our policy regarding the collection, use and disclosure of personal information.
Concepts and Definitions
It is important to be aware of certain concepts and the definition of certain terms under PIPEDA, including:
- “Personal Information” which means “information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.”
- It is important to note that PIPEDA applies to every organization in respect of personal information that the organization collects, uses or discloses in the course of commercial activities.
- “Commercial activity” means “any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.”
It is important to note that PIPEDA does not apply to personal information collected, used or disclosed in the context of an employment relationship between the Company and any of its employees.
Other important concepts include “consent” and “collection”, “use”, “disclosure”, “retention” and “destruction” of personal information. These concepts are addressed below.
The 10 Privacy Principles
The Company is obligated to implement the ten (10) principles listed in Schedule 1 to PIPEDA. Each of these principles is addressed below and related, where applicable, to the Company Privacy Policy.
Principle 1:
Accountability: The Company is responsible for personal information under its control and has designated the Privacy Compliance Officer as the individual who is accountable for the Company’s compliance with PIPEDA and the principles set out in this Manual. There is a Company’s compliance officer in each branch and that is the branch administrator.
Accountability
The Company has designated a Privacy Compliance Officer to handle privacy matters and inquiries regarding personal information.
If anyone inquires about the person responsible for the Company’s compliance with the principles, the person making the inquiry should be referred to the Privacy Compliance Officer and given the Privacy Compliance Officer’s telephone or email coordinates.
The Company is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing (with respect to which the Company may use contractual or other means to provide a comparable level of protection while the information is being processed by the third party).
The Company may from time to time implement policies and practices to give effect to the ten (10) principles, including implementing procedures to protect personal information, establishing procedures to receive and respond to complaints and inquiries regarding personal information, training staff and communicating to staff information about the Company’s policies and practices, and developing information to explain the Company’s policies and procedures.
Principle 2:
Identifying Purposes: The purposes for which personal information is collected by the Company are to be identified by the Company at or before the time the information is collected. Individual documents on which personal information is collected may identify such purposes. Identification of purposes is not in itself sufficient: consent, either express or implied, should also be obtained. (Please see Principle 3.) The purposes for which personal information is collected, used and disclosed by the Company is also set out in the Company Privacy Policy as follows:
Purposes
The Company collects, uses, stores and discloses personal information of its clients and customers only as necessary to provide services to our clients and customers. Those services include, but are not limited to, the following activities: real estate brokerage services, marketing, compiling statistics for analytical and marketing purposes, and collecting fees and levies.
Note that when personal information that has been collected is to be used for a purpose not previously identified, the new purpose should be identified prior to use. Unless the new purpose is required by law or permitted by sub-section 7(2) of PIPEDA (please see Principle 3), the consent of the individual is required before information can be used for that purpose.
Persons collecting personal information should be able to explain to individuals the purpose for which the information is being collected.
Principle 3:
Consent: The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except in situations which are specified in Section 7 of PIPEDA. However, no personal information should be collected, used or disclosed without the consent of the individual unless the Privacy Compliance Officer is first consulted and approves.
In this context, please note the following portion of the Company Privacy Policy:
Disclosure of Personal Information
The Company will disclose personal information only if consent is given by the relevant individual or:
- to businesses and associations that assist the Company in providing services to RE/MAX clients and customers;
- when permitted or required by law, such as in response to a subpoena or other legal process;
- to a purchaser of all or part of the Company’s business; or
- to meet legal obligations such as franchise, tax and regulatory reporting.
Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, the Company will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when the Company wants to use information for a purpose not previously identified).
All issues and questions regarding consent to the collection, use and disclosure of personal information should be addressed to the Privacy Compliance Officer.
All requests for information by law enforcement officials, lawyers, private investigators, and other agents and all search warrants and subpoenas, must be referred to the Privacy Compliance Officer for review and consideration.
Principle 4:
Limiting Collection: The collection of personal information is to be limited to that which is necessary for the purposes identified by the Company. Information shall always be collected by fair and lawful means.
Principle 5:
Limiting Use, Disclosure and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information is to be retained by the Company only as long as necessary for the fulfillment of those purposes. ime develop guidelines and implement procedures with respect to the retention and the destruction of personal information.
Principle 6:
Accuracy: Personal information should be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Principle 7:
Safeguards: Personal information is to be protected by security safeguards appropriate to the sensitivity of the information.
Protecting Personal Information
The Company protects personal information with safeguards appropriate to the sensitivity of the information.
Principle 8:
Openness:The Company shall make readily available to individuals specific information about its policies and practices relating to the management of personal information. Accordingly, any inquiries received regarding the Company’s policies and practices relating to the management of personal information should be referred to the Privacy Compliance Officer.
Principle 9:
Individual Access: Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information.
Access, Questions and Concerns
An individual may submit a written request to access his or her personal information retained by the Company.
All correspondence should be sent to the following address:
Kathy Munshi, Privacy Compliance Office
RE/MAX Realty Specialists Inc.
6850 Millcreek Dr.
Mississauga, Ontario
L5N 4J9
Telephone: 905-858-3434
Facsimile: 905-858-2682
Email:privacyofficer@remaxspec.on.ca
Any questions or concerns from an individual concerning the collection, use or disclosure of their personal information are to be directed to the Privacy Compliance Officer.
Any such access request should be referred to the Privacy Compliance Officer immediately upon receipt so that it can be dealt with in a timely fashion. The response should be achieved, if possible and practical, within a matter of days, and not a matter of weeks.
Principle 10:
Challenging Compliance: Any concerned individual is to be allowed to address a challenge concerning compliance with the above principles to the Privacy Compliance Officer.
Questions
If you have any questions about privacy matters or the Company Privacy Policy, please contact:
RE/MAX Realty Specialists Inc.
Attn: Kathy Munshi/Privacy Compliance Officer
6850 Millcreek Dr.
Mississauga, Ontario
L5N 4J9
Telephone:905-858-3434
Facsimile:905-858-2682
