Policy on the Collection, Use and Disclosure of Personal Information
1. Objective & Scope of Policy
Baker Real Estate Incorporated 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
i. individuals who are or may become Clients of Baker Real Estate Incorporated and
ii. individuals or organizations with whom Baker Real Estate Incorporated works with.
Using contractual or other arrangements, Baker Real Estate Incorporated 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 Incorporated 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 Incorporated retains the right to use aggregated data in any way that it determines appropriate.
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 Incorporated real estate or services to buy or purchase real estate;
“Personal Information” is recorded information about an identifiable individual. Personal information includes such things as an individual’s name, birth date, home address, personal email address and home telephone number.
Personal information does not include business contact information (described below).
“Business contact information” is information that would enable an individual to be contacted at a place of business (including a home-based business). Business contact information includes a business person’s name, position name or title, business telephone number, business address, business email and business fax number.
Business contact information is not personal information and is, therefore, not covered by this policy or by the Freedom of Information and Protection of Privacy Act.
Baker Real Estate Incorporated 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 Incorporated, Brokers or Sales Representatives may use personal information for commission management purposes (e.g. commission financing, commission dispute resolution).
Baker Real Estate Incorporated’s use of Personal Information is limited to these purposes. Baker Real Estate Incorporated 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.
Baker Real Estate Incorporated 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 Incorporated 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 Incorporated.
Baker Real Estate Incorporated 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 Incorporated 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 Incorporated 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 Incorporated believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
– Where it is necessary to establish or collect monies owing to Baker Real Estate Incorporated;
– Where it is necessary to permit Baker Real Estate Incorporated to pursue available remedies or limit any damages that Baker Real Estate Incorporated may sustain.
– Where the information is public.
– Where obliged or permitted to disclose information without consent, Baker Real Estate Incorporated will not disclose more information than is required.
Baker Real Estate Incorporated 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 Incorporated uses that data. Information contained in files that have been closed is not actively updated or maintained.
Baker Real Estate Incorporated retains Personal Information as long as Baker Real Estate Incorporated believes it is necessary to fulfill the purpose for which it was collected and Firm legal or business requirements.
Baker Real Estate Incorporated 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 Incorporated further protects Personal Information by restricting access to it to those Employees and Contractors that the management of Baker Real Estate Incorporated has determined need to know that information in order that Baker Real Estate Incorporated may provide services to Clients.
6. Access to Personal Information
Baker Real Estate Incorporated permits access to and review of Personal Information held by Baker Real Estate Incorporated 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 Incorporated 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 Incorporated delete an individual’s Personal Information from Baker Real Estate Incorporated’s system and records. However, due to constraints of computer technology and the fact that Baker Real Estate Incorporated backs up its systems, Personal Information may continue to reside in Baker Real Estate Incorporated’s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Baker Real Estate Incorporated systems in response to an accepted request for deletion.
Baker Real Estate Incorporated reserves the right to decline access to Personal Information where the information requested:
a. Would disclose the Personal Information of another individual or of a deceased individual;
b. Would disclose business confidential information that may harm Baker Real Estate Incorporated or the competitive position of a third party;
c. Is subject to solicitor-client or litigation privilege;
d. 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;
e. May harm, or interfere with, law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
f. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
g. Does not exist, is not held, or cannot be found by Baker Real Estate Incorporated.
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 Incorporated will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.
Baker Real Estate Incorporated 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 Incorporated will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
In the event of questions about:
i. access to your Personal Information;
ii. Baker Real Estate Incorporated’s collection, use, management or disclosure of Personal Information; or
iii. this Policy; please contact:
Kim Morris, Broker Manager,
Baker Real Estate Incorporated,
3080 Yonge Street, Suite 3056,
Toronto, Ontario, M4N 3N1