Policy on the Collection, Use and Disclosure of Personal Information
1. OBJECTIVE & SCOPE OF POLICY
Baker Real Estate Corporation is committed to respecting your privacy and has prepared this Policy to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.
This Policy governs Personal Information collected from and about
- individuals who are or may become Clients of Baker Real Estate Corporation and
- individuals or organizations with whom Baker Real Estate Corporation works with.
Using contractual or other arrangements, Baker Real Estate Corporation shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Baker Real Estate Corporation as part of our delivery of real estate services, protect that Personal Information in a manner consistent with the principles articulated in this Policy.
This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Baker Real Estate Corporation retains the right to use aggregated data in any way that it determines appropriate.
In the event of questions about: (i) access to your Personal Information; (ii) Baker Real Estate Corporation's collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact:
Sean McNeely, Privacy Compliance Officer,
Baker Real Estate Corporation, 1320 Yonge St. #110, Toronto, Ontario, M4T 1X2
2. COLLECTION, USE & DISCLOSURE OF PERSONAL INFORMATION
For the purposes of this Policy:
"Client" means an individual who may or has purchased Baker Real Estate Corporation real estate or services to buy or purchase real estate;
"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.
This office only collects personal information necessary to effectively market and sell the property of sellers; to locate, assess and qualify properties for buyers and to otherwise provide professional and competent real estate services to clients.
Baker Real Estate Corporation, Brokers or Sales Representatives may use personal information for commission management purposes (e.g. commission financing, commission dispute resolution).
Baker Real Estate Corporation's use of Personal Information is limited to these purposes. Baker Real Estate Corporation does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no personal information is collected about an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.
Personal information will be collected, to the extent possible, directly from the individual concerned.
Baker Real Estate Corporation does not knowingly collect Personal information from anyone under the age of 18, especially children under 13, and does not use such information if Baker Real Estate Corporation discovers that it has been provided by a minor.
Personal Information may also be transferred to another company in the event of a change of ownership of all or part of Baker Real Estate Corporation.
Baker Real Estate Corporation may disclose Personal Information of Clients to organizations that perform services on its behalf. This will only be done if such organizations agree to use such information solely for the purposes of providing services to Baker Real Estate Corporation and, with respect to that information, to act in a manner consistent with this policy.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Baker Real Estate Corporation is obliged to disclose information without consent. Such circumstances may include:
- Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
- Where Baker Real Estate Corporation believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
- Where is it necessary to establish or collect monies owing to Baker Real Estate Corporation;
- Where it is necessary to permit Baker Real Estate Corporation to pursue available remedies or limit any damages that Baker Real Estate Corporation may sustain; or
- Where the information is public.
- Where obliged or permitted to disclose information without consent, Baker Real Estate Corporation will not disclose more information than is required.
Baker Real Estate Corporation endeavors to ensure that any Personal Information provided by Clients and in its possession is as accurate, current and complete as necessary for the purposes for which Baker Real Estate Corporation uses that data. Information contained in files that have been closed is not actively updated or maintained.
Baker Real Estate Corporation retains Personal Information as long as Baker Real Estate Corporation believes it is necessary to fulfill the purpose for which it was collected and Firm legal or business requirements.
Baker Real Estate Corporation endeavors to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.
Baker Real Estate Corporation further protects Personal Information by restricting access to it to those Employees and Contractors that the management of Baker Real Estate Corporation has determined need to know that information in order that Baker Real Estate Corporation may provide services to Clients.
6. ACCESS TO PERSONAL INFORMATION
Baker Real Estate Corporation permits access to and review of Personal Information held by Baker Real Estate Corporation about an individual by the individual concerned.
If an individual believes any Personal Information concerning that individual is not correct, that person may request an amendment of that information by sending a request to the person indicated in Section 1 of this Policy. Baker Real Estate Corporation reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. Where not required to be retained by the Firm, an individual may also request that Baker Real Estate Corporation delete an individual's Personal Information from Baker Real Estate Corporation's system and records. However, due to constraints of computer technology and the fact that Baker Real Estate Corporation backs up its systems, Personal Information may continue to reside in Baker Real Estate Corporation's systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Baker Real Estate Corporation systems in response to an accepted request for deletion.
Baker Real Estate Corporation reserves the right to decline access to Personal Information where the information requested:
- Would disclose the Personal Information of another individual or of a deceased individual;
- Would disclose business confidential information that may harm Baker Real Estate Corporation or the competitive position of a third party;
- Is subject to solicitor-client or litigation privilege;
- Could reasonably result in: (i) serious harm to the treatment or recovery of the individual concerned; (ii) serous emotional harm to the individual or another individual; or (iii) serious bodily harm to another individual;
- May harm, or interfere with, law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
- Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
- Does not exist, is not held, or cannot be found by Baker Real Estate Corporation.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.
Where information will be disclosed, Baker Real Estate Corporation will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.
Baker Real Estate Corporation will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is amended, the purpose for which the information is used, and the nature of the information.
To guard against fraudulent requests for access, Baker Real Estate Corporation will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
7. AMEnDMENT OF PRACTICES AND THIS POLICY
This statement is in effect as of January 1, 2004. Baker Real Estate Corporation will from time to time review and revise its privacy practices and this Policy. In the event of any amendment, an appropriate notice will be communicated to Clients and others in an appropriate manner.