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The M. C. Homes Realty Inc. Privacy Code

 

 

 

M. C. Homes Realty Inc., Real Estate Brokerage

30 Victoria Street,

Thamesville, Ontario,

Canada  N0P 2K0

(519) 692-3823

Protecting the confidentiality of your personal information has always been an important part of the way we do business. To ensure that we protect your privacy, M. C. Homes Realty Inc. has adopted a Privacy code.  This Code sets out how and why we collect and use personal information about our customers and clients.  It also explains limited circumstances under which we may need or be required to disclose it.

 

“Personal information” means information that identifies you as a specific individual and does not include the sort of general information that could be found in a business directory or telephone book.

 

Effective, January 1, 2004, the Government of Canada implemented the last phase of the Personal Information Protection and Electronic Documents Act (PIPEDA).  This federal statute applies to businesses, including real estate brokerage firms.

 

This legislation establishes rules and principles for the use and disclosure of personal information based on ten privacy principles developed by the Canadian Standards Association.  These principles recognize that we live in an era when commercial information is exchanged and circulated by electronic means.  It balances the individual’s right to privacy in their personal information with the reasonable need of organizations to collect, use or disclose personal information.

 

Under the new legislation, an organization may collect, use or disclose personal information only for limited purposes that a reasonable person would consider to be appropriate in the circumstances.

 

Our Privacy Code sets out these principles in simple terms and explains how we ensure that your privacy and the confidentiality of your personal information are protected.

 

OUR PRIVACY CODE

 

The M. C. Homes Realty Inc. Privacy Code is based on the following ten principles adopted by the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

PRINCIPLE #1: Our accountability for the collection, use or disclosure of personal information

As a customer or client of M. C. Homes Realty Inc., you have a right to expect that your real estate broker is accountable for the personal information it collects and uses.  “Customer or client” means any individual who currently employs or who has formerly employed the services of M. C. Homes Realty Inc. (as  Seller’s agent, Buyer’s agent,  Lessor’s agent, Lessee’s agent,  real property or business valuation, or other real estate related service as may be provided by M. C. Homes Realty Inc.).

 

We are responsible for maintaining and protecting your personal information while it is under our control.  This includes any personal information that may need to be disclosed to third parties for processing or other administrative functions.

 

To help ensure the confidentiality of your personal information, we have established policies and procedures to ensure that we comply with the Personal Information Protection and electronic Documents Act.

 

We have designated a privacy officer who is responsible for our company’s compliance with the ten privacy principles developed by the Canadian Standards Association. If you have any questions or inquiries about how your personal information is stored, or when it may need to be disclosed to others, our privacy office is there to assist and explain our policies to you.

 

 

PRINCIPLE #2: Identifying our purpose for the collection, use or disclosure of personal information

Before or when we collect information about you, we will explain how we intend to use it.  M. C. Homes Realty Inc. collects personal information only for the following purposes of

 

A)                Establishing and maintaining communication with customers

B)                 Offering and providing real estate brokerage services to meet customer needs

C)                 Understanding, analyzing and evaluating customers’ and clients’ needs for our services

D)                Investigating and evaluating real estate

E)                 Detecting and preventing fraud

F)                  Compiling statistics

G)                Complying with the law; and

H)                A business or activity it may undertake under applicable federal, provincial or territorial legislation

 

Unless we are required by law, M. C. Homes Realty Inc. will not use or disclose any personal information that has been collected without documenting the new purpose and obtaining your consent.  If you have any questions about these purposes, our privacy officer will be pleased to explain them to you.

 

 

PRINCIPLE #3: Obtaining your consent for the collection, use or disclosure of personal information

M. C. Homes Realty Inc. will make a reasonable effort to ensure that our customers and clients understand and consent to how their personal information will be used by the Company. 

 

In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use. Personal information may need to be collected, used or disclosed without the knowledge and consent of the individual.  For example, legal or security reasons may make it impossible or impractical to seek consent.

 

The Personal Information Protection and Electronic Documents Act recognizes that when information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of an individual may defeat the purpose of collecting the information.  Seeking consent may also be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated.

 

In obtaining your consent, we will always use reasonable efforts to ensure that you are advised of the identified purposes for which any information collected will be used or disclosed.

 

 

PRINCIPLE #4: Limiting our collection of personal information

We will always limit the collection of personal information to that which is necessary for the identified purposes.  Typically, this information is required to enable M. C. Homes Realty Inc. to effectively market a real property or business for sale or lease, to prepare agreements of purchase and sale, to prepare lease agreements and to conduct and prepare property or business valuations. We may need to collect personal information from other sources including municipal tax or assessment offices, land registry office, survey companies, utilities companies, lawyers, insurance companies, mortgage lenders or banks, credit bureaus and building contractors.

 

PRINCIPLE #5: Limiting the use, disclosure and retention of personal information

Personal information will not be used or disclosed for purposes other than for which it was collected, except with your consent or as permitted or required by law.  Your personal information will be retained only as long as it is necessary to fulfill those purposes.

 

There are situations where M. C. Homes Realty Inc. may disclose a customer’s personal information as dictated by prudent real estate brokerage practices. For example:

 

A)                Real Property Marketing/Demonstration: During the process of presenting a real property or business to prospective buyers, the Company or its representatives may disclose to the prospective purchasers personal information about the seller, to include the seller’s name, real property and its related operational expenses, or business financial statements to include profit and loss, assets and liabilities and other pertinent financial documents relating to the day-to-day operation of a business offered for sale,  and other information about the seller and or the real property or business deemed necessary in order for the Company and its representatives to fulfill its obligation to the seller to diligently, thoroughly, honestly and fairly represent the said real property and or business to prospective buyers.

B)                 Third Party Disclosure: During the process of negotiating and subsequent to negotiating a “Purchase and Sale Agreement” of a real property and or business, the Company or its representatives may disclosure personal information about the sellers and or the buyers to co-operating real estate brokerage companies or their representatives, to mortgage lenders or banks, to lawyers, to insurance companies, to accountants, to surveyors and to other professional service providers who may be deemed to be providing a service to the buyers or the sellers. Only the information necessary for these services will be provided by us to these service providers.

 

M. C. Homes Realty Inc. does not provide or sell its customer lists to any outside company for use in marketing or solicitation.  Only employees with a business “need to know”, or whose duties will require it, are granted access to personal information.  We keep personal information only as long as it remains necessary or relevant for the identified purpose or as required by law.

 

PRINCIPLE #6: Keeping your personal information accurate

M. C. Homes Realty Inc. makes every effort to ensure that personal information about its customers and clients is accurate, complete and up-to-date as is necessary for the propose for which it was collected.  This may require contact with M. C. Homes Realty Inc. or its representatives from time-to-time.  If you have any questions about the accuracy and completeness of personal information that we have collected or retained, please contact our privacy officer.  If you need to up-date some aspect of your personal information please contact your M. C. Homes Realty Inc. representative directly.

 

PRINCIPLE #7: Safeguarding your personal information

M. C. Homes Realty Inc. takes steps to protect personal information with security safeguards appropriate to the sensitivity of the information by:

 

A)                Having security standards in place to protect personal information from misuse and unauthorized access.

B)                 Communicating with prospective buyers or sellers, our representatives and third parties about the importance of handling personal information in accordance with our standards and applicable laws.

C)                 Storing personal information with appropriate safeguards: listing agreements, purchase and sale agreements, etc. in lockable files and protected computer files which are not accessible by anyone other than the Broker or its representatives.

D)                Holding personal information only for as long as we need it for the intended purpose and as required by our policies or applicable laws.

 

All our employees with access to personal information are required as a condition of their employment to respect the confidentiality of personal information.

 

PRINICPLE #8: Openness concerning our privacy practices

M. C. Homes Realty Inc. pursues a policy of openness about the procedures it uses to manage personal information.  We will make specific information about our policies and practices relating to the management of their personal information available to customers upon request.

 

We ensure openness by providing you with the following information:

 

A)                The title and address of the privacy officer accountable for our compliance with the policy

B)                 The name of the individual to whom inquiries or complaints can be forwarded

C)                 The means of gaining access to personal information held by our company; and

D)                A description of the type of personal information held by M. C. Homes Realty Inc.

 

PRINCIPLE #9: Customer access to personal information

M. C. Homes Realty Inc. informs its customers and clients of the existence, use and disclosure of their personal information upon request and provides access to that information.  Our customers and clients are able to amend or check for completeness of their personal information when appropriate.

 

When a request is made in writing, we will inform you in a timely fashion of the existence, use and disclosure of your personal information and you will be given access to that information.  In order to safeguard your personal information, we may require you to provide sufficient identification to permit us to authorize access to your file.  In certain exceptional situations, we may not be able to provide you with access to all of the personal information we hold.  Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons and information that is subject to solicitor-client or litigation privilege.  If this is the case, M. C. Homes Realty Inc. will provide the reasons for denying access upon request.  Customers and clients can obtain information or seek access to their individual files by contacting our designated privacy officer.

 

PRINCIPLE #10: Challenging compliance

A customer or client has the right to challenge M. C. Homes Realty Inc.’s compliance with the above principles by contacting the privacy officer accountable for our compliance with the policy.  M. C. Homes Realty Inc. maintains strict procedures for addressing and responding to all inquiries or complaints from customers or clients about its handling of personal information.  We inform our customers and clients about our privacy practices as well as availability of complaint procedures.

 

Our privacy officer will investigate all complaints concerning compliance with the privacy policy.  If a complaint is found to be justified, we will take appropriate measures to resolve the complaint including the amendment of our policies and procedures, if necessary.  In exceptional circumstances, the privacy officer may seek  external legal advice where appropriate before a final response to individual complaints.

 

 

DOES M. C. HOMES REALTY INC. NEED CONSENT?

 

Yes. M. C. Homes Realty Inc. requires customer and client consent to collect, use and disclose their personal information.  If you have already provided personal information we would like to continue to use and to disclose it for the purpose for which it was collected.  If you do not contact us we will assume that we may continue to do this in accordance with the standards described in this Commitment Statement.  You may choose to refuse to provide your consent or may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.

 

 

FOR FURTHER INFORMATION:

 

Contact our privacy officer at…

(519) 692-3823

 

 

M. C. Homes Realty Inc.,

30  Victoria Street,

Thamesville, Ontario.

N0P 2K0

 

Attention: Privacy Officer

 

mary.c@bellnet.ca

 

 

 

 

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