Private Sector Privacy Legislation
Phil Rudy, MBA, Realtor®
Personal Information Protection Policy
In my real estate business, I am committed to providing my clients with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about my clients, protecting their personal information is one of my highest priorities. Protecting my clients personal information is not only a personal ethical standard I hold in high regard, it is also a requirement of my Provincially issued Real Estate License, as well as a requirement in adherence to the Realtor® Code of Ethics. I take this matter very seriously.
While I have always respected my clients’ privacy and safeguarded their personal information, I have strengthened My commitment to protecting personal information as a result of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) as well as the Digital Privacy Act – S.C. 2015, c. 32. PIPEDA, which came into effect on January 1, 2004, as well as the Digital Privacy Act, which came into effect onj June 18, 2015, set out the ground rules for how Canadian businesses and not-for-profit organizations may collect, use and disclose personal information.
I will inform my clients of why and how I collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPEDA, outlines the principles and practices I will follow in protecting clients’ personal information. My privacy commitment includes ensuring the accuracy, confidentiality, and security of my clients’ personal information and allowing my clients to request access to, and correction of, their personal information.
Scope of this Policy
This Personal Information Protection Policy applies to Phil Rudy, MBA, Realtor® and its affiliate, 9805427 Canada Inc. (dba Property Partners NL).
This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Phil Rudy, MBA, Realtor®.
Personal Information –means information about an identifiable individual including, but not limited to name, age, home address and phone number, social insurance number, marital status, religion, income, credit history, medical information, education, employment information. Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPEDA.
Privacy Officer – means the individual designated responsibility for ensuring that Phil Rudy, MBA, Realtor® complies with this policy and PIPEDA, that person being myself.
Policy 1 – Collecting Personal Information
1.1 Unless the purposes for collecting personal information are obvious and the client voluntarily provides his or her personal information for those purposes, I will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 I will only collect client information that is necessary to fulfill the following purposes:
- To verify identity;
- To verify creditworthiness;
- To identify client preferences;
- To deliver requested products and services
- To enrol the client in a program;
- To contact My clients for fundraising;
- To ensure a high standard of service to My clients;
- To meet regulatory requirements;
- To assess suitability for tenancy;
- To collect and process rent payments;
Policy 2 – Consent
2.1 I will obtain client consent to collect, use or disclose personal information (except where, as noted below, I are authorized to do so without consent).
2.2 Consent can be provided: orally, in writing, electronically, or through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a client is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, fundraising and the client does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients can withhold or withdraw their consent for Name of organization to use their personal information in certain ways. A client’s, customer’s, member’s decision to withhold or withdraw their consent to certain uses of personal information may restrict my ability to provide real estate or property management services. If so, I will explain the situation to assist the client in making the decision.
2.5 I may collect, use or disclose personal information without the client’s, customer’s, member’s knowledge or consent in the following limited circumstances:
- When the collection, use or disclosure of personal information is permitted or required by law;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the personal information is available from a public source (e.g., a telephone directory);
- When I require legal advice from a lawyer;
- For the purposes of collecting a debt;
- To protect myself from fraud;
- To investigate an anticipated breach of an agreement or a contravention of law
Policy 3 – Using and Disclosing Personal Information
3.1 I will only use or disclose client personal information where necessary to fulfill the purposes identified at the time of collection [or for a purpose reasonably related to those purposes such as:
- To conduct client surveys in order to enhance the provision of my services;
- To contact my clients directly about products and services that may be of interest;
3.2 I will not use or disclose client personal information for any additional purpose unless I obtain consent to do so.
3.3 I will not sell client lists or personal information to other parties [unless I have consent to do so].
Policy 4 – Retaining Personal Information
4.1 If I use client personal information to make a decision that directly affects the client, I will retain that personal information for at least one year so that the client has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, I will retain client personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Policy 5 – Ensuring Accuracy of Personal Information
5.1 I will make reasonable efforts to ensure that client personal information is accurate and complete where it may be used to make a decision about the client or disclosed to another organization.
5.2 Clients may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, I will correct the information as required and send the corrected information to any organization to which I disclosed the personal information in the previous year. If the correction is not made, I will note the clients’ correction request in the file.
Policy 6 – Securing Personal Information
6.1 I are committed to ensuring the security of client personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that client personal information is appropriately protected:
All information will be stored in a password protected, encrypted, cloud based server that is physically located in Canada. Information not stored in the manner described above will be destroyed. Only those individuals requiring access to this stored information will be provided unique passwords for access and passwords will be changed on a quarterly basis. Should an individual with access to the information be no longer authorized to have said access, their password will be deleted to prevent further access.
6.3 I will use appropriate security measures when destroying client’s, customer’s, member’s personal information such as: shredding documents and/or deleting electronically stored information.
6.4 I will continually review and update my security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 – Providing Clients Access to Personal Information
7.1 Clients have a right to access their personal information, subject to limited exceptions.
A full listing of the exceptions to access can be found in section 23 of PIPEDA. Some examples include: solicitor-client privilege, disclosure would reveal personal information about another individual, or health and safety concerns.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.
7.3 Upon request, I will also tell clients how I use their personal information and to whom it has been disclosed if applicable.
7.4 I will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, I will inform the client of the cost and request further direction from the client on whether or not I should proceed with the request.
7.6 If a request is refused in full or in part, I will notify the client in writing, providing the reasons for refusal and the recourse available to the client.
Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 The Privacy Officer or designated individual is responsible for ensuring Name of organization’s compliance with this policy and the Personal Information Protection and Electronic Documents Act.
8.2 Clients should direct any complaints, concerns or questions regarding Phil Rudy, MBA, Realtor®
in writing to me. If I am unable to resolve the concern, the client may also write to the Information and Privacy Commissioner of Canada.
Contact information for Name of organization’s Privacy Officer or designated individual:
Phil Rudy, MBA, Realtor®
835 Topsail Road, Suite 201
Mount Pearl, NL A1N 3J6