2. The Ten Principles of Privacy
3. Application of the Ten Principles
i) The Kind of Information We Collect
ii) How We Use Your Information
iii) When We are Permitted to Disclose Your Information
iv) With Whom We May Share Your Information
v) How We Safeguard Your Information
vi) Web Site Security
vii) Accessing and Amending Your Information
viii) Opting Out
(ix) Anonymous Information and “Cookies”
Royal LePage provides a variety of products and services to the public, including but not limited to: real estate brokerage services, real estate agency services, advising with respect to real estate purchase and sale, home leasing, property management, real estate brokerage franchising services and other real estate advisory services.
In the course of providing these products and services, Royal LePage may collect, with their consent, certain personal information about its clients, employees and Royal LePage brokers.
“Personal Information”means information about an identifiable individual. This may include, without limitation, the individual’s name, home address, age, income, credit history or other financial information, credit card information, personal preferences and other information about his or her family. Personal Information does not include the name, title, business address or telephone number of an employee of an organization.
THE TEN PRINCIPLES OF PRIVACY
The following ten principles govern our actions as they relate to the use of Personal Information:
Principle 1 – Accountability
Principle 2 – Identifying Purposes
Principle 3 – Consent
Principle 4 – Limiting Collection
Principle 5 – Limiting Use, Disclosure and Retention
Principle 6 – Accuracy
Principle 7 – Safeguarding Personal Information
Principle 8 – Openness
Principle 9 – Access
Principle 10 – Addressing Complaints
PRINCIPLE 1 – ACCOUNTABILITY
Royal LePage is accountable for all Personal Information in its possession or custody, including Personal Information disclosed to third parties for purposes of providing services requested by you.
PRINCIPLE 2 – IDENTIFYING PURPOSES
Royal LePage will inform you of the purposes for which it is collecting any Personal Information, before or at the time the information is collected.
PRINCIPLE 3 – CONSENT
Royal LePage will obtain your consent before or when it collects, uses or discloses your Personal Information.
Consent can be express, implied, or given through an authorized representative. You may withdraw your consent at any time (subject to any legal consequences of which you will be informed). Royal LePage, however, may collect, use or disclose Personal Information without your knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or required by law.
PRINCIPLE 4 – LIMITING COLLECTION
The information collected by Royal LePage will be limited to those details necessary for the purposes it has identified to you or to perform the services you have requested. Information will be collected by fair and lawful means.
PRINCIPLE 5 – LIMITING USE, DISCLOSURE AND RETENTION
Personal Information will only be used or disclosed for the purpose for which it was collected unless you have otherwise consented. Personal Information may only be retained for the amount of time needed to fulfil the purpose for which it was collected.
In certain exceptional circumstances, Royal LePage may have a legal duty or right to disclose Personal Information without your knowledge or consent with respect to matters that concern the company’s or the public’s interest.
PRINCIPLE 6 – ACCURACY
Royal LePage will keep Personal Information as accurate, complete and current as necessary to fulfil the identified purposes for which it was collected. You may have this information amended where it is found to be inaccurate or incomplete.
PRINCIPLE 7 – SAFEGUARDING PERSONAL INFORMATION
Personal Information is safeguarded using measures appropriate to the sensitivity of the information.
PRINCIPLE 8 – OPENNESS
Royal LePage will make information available to its clients, employees and Royal LePage brokers about the policies and procedures Royal LePage uses to manage personal information. You have access to this information through our Web site, or through alternate means if requested.
PRINCIPLE 9 – ACCESS
Upon written request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. Royal LePage will respond to such requests as efficiently as possible. If Royal LePage is prohibited from providing such access they will explain the reasons for the lack of access, except where prohibited by law.
PRINCIPLE 10 – ADDRESSING COMPLAINTS AND SUGGESTIONS
APPLICATION OF THE TEN PRIVACY PRINCIPLES – HOW WE TREAT YOUR PERSONAL INFORMATION:
THE KIND OF INFORMATION WE COLLECT
Royal LePage gathers and uses Personal Information in order to provide you with the products and services you have requested, namely: information that is required to effectively market and sell the property of sellers or lessors; to locate, assess and qualify properties for buyers; evaluate independent broker applicants, and to otherwise provide professional and competent real estate services to clients and to ensure that you are satisfied with the products and services we have provided. Royal LePage may also use your Personal Information to update you about our services and to offer you additional products or services that you may be interested in, so that we may continue to serve your real estate needs.
We may be required to collect your Social Insurance Number if the federal government obligates us to do so pursuant to the Income Tax Act.
HOW WE USE YOUR INFORMATION
At Royal LePage we use Personal Information for three general purposes:
1. To communicate with you in order to provide you with our products and services.
2. For inclusion in documentation relating to your particular real estate transaction.
3. Transactional information to monitor our level of service and report back to you to ensure your satisfaction with the provision of such services.
We will only use Personal Information for the purpose that we have disclosed to you. If we want to use your information for a different purpose, we will notify you and ask for your consent first.
WHEN WE ARE PERMITTED TO DISCLOSE YOUR INFORMATION
Royal LePage is obliged to keep your Personal Information confidential except under the following circumstances:
(i) When Authorized by You
(ii) When Required by Law
(iii) When Permitted by Law
(i) When Authorized by You
Many of the services offered by Royal LePage require us to obtain Personal Information about you in order to perform the services you have engaged us to provide. We will always obtain consent from you first, and we will never use the information for purposes other than those we have told you about.
You may withdraw your consent at any time, subject to any legal implications (which we will inform you about). In some cases, if you do not consent to our use or disclosure of certain Personal Information, we may be unable to continue to provide all or part of the services you have requested.
(ii) When Required by Law
The type of information we are legally required to disclose usually relates to government tax reporting requirements. However in some cases, such as under a court order, we may be required to disclose certain information to persons specified in the court order. We will only provide the specific information requested and only upon being satisfied that the authorities have legitimate grounds to request the information.
(iii) When Permitted by Law
The legislation has provided certain situations where Royal LePage is legally permitted to disclose Personal Information without your consent. Examples include situations involving the collection of debt in arrears, medical emergencies, or suspicion of illegal activities.
WITH WHOM WE MAY SHARE YOUR INFORMATION
(i) Royal LePage Employees
(ii) Royal LePage Affiliates
In order to better meet your needs, we may share some of your Personal Information with our affiliates. We will only do this with your express consent and you may withdraw this consent at any time. The procedure for withdrawing consent is outlined below under the section “Opting Out”.
(iii) Royal LePage Third Party Suppliers
(iv) Sale of Business
We may transfer your personally identifiable information to a third party in connection with a sale, merger or other disposition (whether of assets, stock or otherwise) of our business.
HOW WE SAFEGUARD INFORMATION
Royal LePage has extensive controls in place to maintain the security of its information and information systems. Client and independent broker files are stored according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and data processing procedures. Physical access to areas where Personal Information is gathered, processed or stored is limited to authorized employees.
When you telephone a Royal LePage employee to speak about your file, you may be asked for some personally identifying information. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your file.
WEB SITE SECURITY
In order to serve you better, Royal LePage offers clients access to certain information through its Web sites.
a) http://www.royallepage.ca provides general information about Royal LePage and the products and services it offers.
b) Real Estate Tracker, available on http://www.royallepage.ca, is a web-based service available exclusively to Royal LePage clients that allows clients to subscribe to an email notification service for property listing information and save property listing and neighbourhood information in a personalized section of the site. This service requires that the clients register and use a password that enables them to access the site.
The Royal LePage Web site contains links to other Web sites, including those of its business partners. Royal LePage is in no way responsible and cannot guarantee the content or privacy of other sites linked to www.royallepage.ca.
ACCESSING AND AMENDING YOUR INFORMATION
As a client or Royal LePage broker, you have the right to access the Personal Information we keep in your file and you have the right to verify or amend the information if it is shown to be inaccurate. If you would like to view the Personal Information held in your file, please make a written request to the Privacy Officer at the address listed below, under “Questions, Concerns and Complaints”. We will respond to your request as efficiently as possible.
To make a change, please make a similar request in writing to the Privacy Officer.
In order to provide you with our services and products, Royal LePage will, with your consent, share your personal information with other Royal LePage affiliates. Should you not want to receive promotional materials from or have your Personal Information shared with these companies please contact the Privacy Officer at the address, phone number or email address provided at the end of this document.
ANONYMOUS INFORMATION AND “COOKIES”
Royal LePage may collect anonymous information about you. This means that the information collected cannot be traced back to a specific person. For example, our Web servers may record certain information automatically when you visit Royal LePage Web sites. This information is collected using “cookies” and might include the pages you visited, your IP (Internet Protocol) address and other site usage statistics. This anonymous information is used for research and analytical purposes only (like evaluating how many visitors our Web sites receive or which pages they visit most often). It does not reveal any Personal Information about you, the user. This aggregate data may be disclosed to third parties, but never with personally identifying information.
You may configure your browser to notify you when you receive a cookie, and you may refuse to accept them entirely. However, if you refuse to accept cookies, you may limit the functionality that we can provide to you when you visit our site. For example, the Royal LePage exclusive web-based service “Real Estate Tracker” requires cookies to recognize clients with valid access to the database. If your browser does not accept cookies, the site will not grant you access via the login and password.
QUESTIONS, CONCERNS AND COMPLAINTS
Max M. Cohen
General Counsel and Secretary
Royal LePage Real Estate Services
41 Wynford Drive,
Don Mills, Ontario M3C 1K1
Tel.: (416) 380-7551