Privacy Policy

This policy was written in French and translated into English. In case of contradiction, the French version shall prevail.

CHAPTER I – INTRODUCTION

This policy outlines the measures and practices implemented by the real estate agency to govern its handling of personal information and to protect the personal information of its clients. These clients include individuals from whom the agency collects personal information either directly or indirectly through an authorized representative of the agency and via the agency’s website, http://www.rsmi.ca, for the purposes described in Chapter IV below.

The agency must ensure that every member of the public from whom it collects personal information has been informed of the agency’s privacy policy. Additionally, the agency must ensure that any individual bound to the agency by a brokerage contract consents to the collection, use, and disclosure of personal information by signing the OACIQ form of the same name (Appendix N) or by signing a brokerage contract that includes this consent.

In this policy, the term “personal information” refers to any information collected by the agency that, alone or in combination with other information, can directly or indirectly identify a client.

The primary purpose of this policy is to inform clients:

Of the methods used by the agency to collect personal information;
Of the nature of the personal information collected by the agency and the purposes for which it is collected;
Of how the agency may use personal information and the third parties to whom the agency may disclose such information, if applicable;
Of the rights clients have regarding the personal information collected by the agency, including the right to access their personal information or request correction of inaccurate information, if applicable;
Of the various security measures implemented by the agency to ensure the confidentiality of personal information;
Of how personal information is stored, destroyed, and/or anonymized; and
Of how clients can contact the agency to ask questions, provide feedback, or file a complaint related to this policy.

By providing personal information to the agency, either through direct or indirect contact with an authorized representative of the agency or by using the agency’s website, clients consent to the agency collecting, using, disclosing, and storing this personal information in accordance with the terms, conditions, and provisions outlined in this policy.

The agency reserves the right to modify the terms, conditions, and provisions of this policy at any time and at its sole discretion. In such cases, the agency will provide clients with a version of this policy that reflects the changes made. Clients’ use of the agency’s services (as defined in Chapter IV below) following receipt of the revised version will be deemed as explicit acceptance of the changes.

This policy, along with any modified versions, is subject to the applicable laws of the province of Quebec.

CHAPTER II – METHODS OF COLLECTING PERSONAL INFORMATION

The agency collects personal information through the following methods:

When such personal information is voluntarily provided to an employee or an authorized representative of the agency in writing, via text message, email, the web, other electronic means, or verbally;
When collecting information from other businesses and public organizations (notably companies affiliated with the agency, including but not limited to referral services and relocation services).

Personal information shared through the use of the website may be provided directly (e.g., via a web form or email) or automatically (see Chapter III for the list of personal information collected automatically).

CHAPTER III – PERSONAL INFORMATION COLLECTED BY THE AGENCY

The personal information that the agency may collect includes the following:

Name, first name, and contact details (physical addresses, email addresses, phone numbers);
Date of birth, gender, and preferred language;
Personal information necessary for the agency, through its authorized representatives, to verify the identity of clients and others in compliance with applicable real estate brokerage laws, including the Real Estate Brokerage Act (RLRQ, c. C-73.2), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17), and their respective regulations. This includes, among others:

Profession or main occupation;
A government-issued photo ID that is authentic, valid, and up to date;
A reliable source document showing the client’s name and address;
A reliable source document showing the client’s name and date of birth;
A document confirming the client holds a deposit account, prepaid payment product account, credit card, or other loan account with a financial institution;
Canadian citizenship or residency status.

Sensitive personal information communicated by clients as part of the provision of services (as defined in Chapter IV) may include:

Information about the real estate transaction project;
Financial information required for credit checks and payment processing (credit card numbers, mortgage approvals, tax statements, credit check reports, etc.);
Client communication history (call recordings, chat logs, and instant messaging conversations, including through social media);
Personal information generated by clients while using the services (complaints, inquiries, feedback, comments, and survey responses);
Personal information provided as part of a job application or engagement with the agency (CVs, education details, professional experience, and affiliations);
Personal information transmitted due to the nature of the relationship with the agency (e.g., for employees: Social Insurance Number, financial information, or photographs for the website; for directors: identification documents in compliance with the Act to Enhance the Transparency of Enterprises);
Personal information automatically collected during the use of the website (see Chapter III).

CHAPTER IV – AUTOMATIC COLLECTIONS OR THROUGH COOKIES

If necessary to ensure the functionality of the website and for the purposes of the personal information detailed below, the agency may collect the following personal information from clients visiting the website:

The domain name of their internet service provider;
Their IP address;
Their browser (e.g., Explorer, Firefox) and operating system (e.g., Windows, Mac OS);
The date and time of their visit;
Their country of origin;
The pages viewed and the time spent on each page;
The referring site’s address; and
Crash data.

This information may be collected automatically as soon as a client connects to the website. Some of this personal information is gathered through the use of temporary cookies or “web beacons” (also known as “invisible pixels”). These files or beacons also allow the agency to enhance the website’s performance and certain functionalities.

CHAPTER V – PURPOSES FOR WHICH THE AGENCY COLLECTS PERSONAL INFORMATION

The agency collects personal information for the following purposes:

Provide support, information, advice, and tools related to real estate transactions that the public requests to perform (collectively: the “Services”);
Conduct real estate transactions and be remunerated for the Services;
Comply with applicable laws and regulations;
In the context of using the Services, issue notifications and alerts to provide specific information. In doing so, the agency may use technology to perform profiling, which must be activated by the client from the website;
Assess eligibility for programs that the agency may offer from time to time to its clients, with the aim, among other things, of helping them save money and protect them from hidden defects when purchasing a property;
Generally communicate with the public to convey various information related to the Services and offer products and/or services that may interest them;
Conduct periodic follow-ups with clients and the public to ensure they are satisfied with the delivery of the Services;
Develop, improve, and promote the Services, notably by generating and publishing depersonalized statistical data from the personal information of several clients;
Evaluate the effectiveness of the agency’s efforts to acquire visitors to the website;
Assess which information provided by the agency and which of its efforts attract the interest of visitors to its website;
Identify which efforts of partner sites have led to acquiring visitors;
Improve the performance of the website and its effectiveness in retaining visitors;
Identify the legislative framework to which the visitors’ personal information is subject;
Where applicable, review job or engagement applications with the agency.

Subject to exceptions provided in applicable legislation, the agency will ensure to obtain consent before using personal information for purposes other than those listed above.

CHAPTER VI – Disclosure of Personal Information to Third Parties

In general, the agency uses its clients’ personal information for internal purposes only. However, the agency may disclose personal information to the following persons or entities:

To its employees and representatives who need access to this personal information in pursuit of the purposes listed in Chapter IV mentioned above;
To external service providers with whom the agency has entered into a contractual agreement under which the concerned external service provider is required to take appropriate measures to:

Ensure the confidentiality of the personal information disclosed;
Ensure that the personal information disclosed is used only for the purpose of performing the services they are called to render for the agency;
Ensure that the personal information disclosed is not retained after the termination of the aforementioned contractual agreement;
Promptly notify the agency of any breach or attempted breach by any person of any confidentiality obligation concerning the disclosed personal information;
Allow the agency to conduct any verification related to the confidentiality of the disclosed personal information. For example, the service provider who hosts the website and performs its maintenance may have access to personal information as part of the specific execution of its services under a contractual agreement binding it to the agency.

To entities that are part of the agency’s support group, such as the eZmax program and platform, accountants, notaries, lawyers, professional associations, regulatory bodies, the government, to enable these third parties to fulfill their contractual and statutory obligations;
To any other person or entity, when required or permitted by applicable legislation, or with the consent of the concerned client.

In order to achieve the aforementioned purposes, the agency may disclose personal information outside Quebec. However, the agency will only do so if a privacy impact assessment demonstrates that the receiving party is able to ensure adequate protection of the said personal information, particularly with regard to generally recognized principles of personal information protection. In such circumstances, the agency will contractually require the entity receiving the personal information to comply with various conditions ensuring the protection of said personal information, including, but not limited to, all conditions provided for in Chapter V(b) mentioned above.

CHAPTER VII – PROTECTION OF THE CONFIDENTIALITY OF PERSONAL INFORMATION

The agency takes appropriate physical, technological, and administrative protection measures to safeguard personal information and reduce the risks of unauthorized and/or illegal access, use, disclosure, and destruction.

Without limiting the generality of the above, the agency:

Verifies the identity and criminal background of all its employees and representatives;
Requires each of its employees and representatives with access to personal information to sign a confidentiality agreement;
Implements access controls limiting access to personal information to authorized employees and representatives who need such access;
Stores personal information on physical media kept in locked premises accessible only to authorized employees and representatives of the agency;
Stores personal information on secure technological media, namely the information system provided by electronic document management suppliers, with an identification and authentication system in place to limit access to personal information to authorized persons who need such access for one or more of the purposes listed in Chapter IV above.

Additionally, the website is equipped with certain security mechanisms to protect personal information, including:

All exchanges between the agency’s servers and users’ devices are encrypted;
All users’ passwords are encrypted;
The agency’s IT service provider is required to comply with various security obligations, including periodic validation of security practices and processes and continuous monitoring and updating of the website’s software components.

CHAPTER VIII – MEASURES REGARDING PRIVACY INCIDENTS

The agency maintains a register of privacy incidents in compliance with applicable legislation. In the event of a privacy incident that presents a risk of serious harm, the agency will take the necessary measures to notify the client or the public in accordance with applicable legislation. The risk assessment of serious harm is carried out considering criteria such as the sensitivity of the personal information involved in the privacy incident, the anticipated consequences of its use, and the likelihood that it will be used for harmful purposes.

CHAPTER IX – RETENTION PERIOD OF PERSONAL INFORMATION

In accordance with the agency’s procedures regarding the secure retention and destruction of personal information, the agency retains personal information only for the duration necessary to achieve the purposes listed in Chapter IV of this policy or for the duration required to ensure that the agency complies with its statutory obligations, whichever is later.

The agency reserves the right to close a client’s file when the entire real estate transaction process is completed and has met the time period required by the OACIQ, or, in the case of the agency’s employees, for a consecutive period of at least six (6) years from the date of termination of employment, subject to a statutory obligation providing for a different minimum retention period. The closure of a file involves the complete and permanent destruction of the personal information it contains, or its anonymization for use for serious and legitimate purposes. In the case of closing a file concerning a client who is not an employee or representative of the agency, the personal information it contains will usually be destroyed or anonymized after the expiration of a six (6) year period following the closure date of said file due to legally imposed retention periods.

In this policy, the term “anonymization” means the process by which personal information can no longer, irreversibly, identify directly or indirectly the client to whom it relates.

CHAPTER X – CORRECT, UPDATE, AND/OR OBTAIN PERSONAL INFORMATION

The agency acknowledges the right of its clients to access, correct, update, and obtain a copy of the personal information concerning them by submitting a written request to the agency at the contact details provided in Chapter XIII below. In the event such a written request is transmitted to the agency, the agency shall, pursuant to the Law, verify the identity of the requester and ensure a written response no later than thirty (30) days after receiving the request. Any request not processed within this period is deemed to have been refused.

A request for correction of personal information will be granted under certain circumstances, including:

The personal information is inaccurate;
The personal information is outdated;
The personal information is ambiguous;
The personal information is incomplete; or
The personal information was collected unjustifiably.

In the event the agency agrees to any request for obtaining a copy of computerized personal information made by a client, the agency shall ensure to communicate this copy (or to any person or organization authorized by law to collect such personal information, as per the client’s request) in a structured, commonly used technological format. This paragraph does not apply (i) if providing this copy in such a technological format poses serious practical difficulties and/or (ii) regarding any computerized personal information created or inferred from other personal information.

In the event the agency refuses to comply with any request for access, correction, or update made by a client, the agency shall communicate to the client the reasons for this refusal and the remedies available to the client in the circumstances and the timeframe within which they may be exercised. If the client requires, the agency will also assist the client in understanding the reasons for the refusal.

In the event a written request is transmitted to the agency by a client, the agency may also cease the dissemination of personal information concerning them and/or deindex or reindex, as the case may be, any hyperlink attached to the client’s name, subject to the criteria established by the applicable legislation then in force.

In principle, the exercise by a client of a right provided in this chapter is free of charge. However, reasonable fees may be charged to the concerned client to cover the costs of transcription, reproduction, or transmission of their personal information. In such a case, the client will be informed of the amount of the fees before processing their request.

CHAPTER XI – WITHDRAWAL OF CONSENT FOR THE USE OF PERSONAL INFORMATION

Subject to the client’s or public’s contractual commitments with the agency and applicable legislation, the client or member of the public may withdraw or modify their consent to the use or disclosure of their personal information. To do so, they must send a written request to the agency at the contact details provided in Chapter XIII below.

Please note that withdrawing or modifying consent may impact the agency’s ability to adequately pursue the purposes of personal information collection described in Chapter IV of this policy and could therefore affect the agency’s services regarding the client or the public.

CHAPTER XII – PROCEDURES FOR FILING A COMPLAINT

A complaint regarding the methods, practices, and policies of personal information protection collected by the agency can be filed in writing with the person responsible for the protection of personal information whose contact details are listed in Chapter XIV of this policy.

Any complaint will be handled directly by the person responsible for the protection of personal information. A response will be provided within 30 days following the complaint. If the complaint is accepted, a brief summary of the changes made to the subject of the complaint will be sent to the complainant.

If the complainant is not satisfied with the handling of their complaint, they may also contact the Commission d’accès à l’information du Québec. A written complaint can be filed with the Commission by visiting the following page: https://www.cai.gouv.qc.ca/diffusion-de-linformation/services-et-formulaires/.

CHAPTER XIII – ABSENCE OF RESPONSIBILITY OR OBLIGATION REGARDING THIRD-PARTY PRODUCTS

The website may contain links to other websites or products and services of third parties (collectively: “Third-Party Products”). Third-Party Products may be subject to terms of use and a privacy policy that differ from those of the agency. The agency can in no way be held responsible or liable for the content of the terms of use and/or the privacy policy of these Third-Party Products. Without limiting the generality of the foregoing, the agency has no responsibility or liability regarding the personal information that may be collected, used, disclosed, and retained by any person or entity in connection with access to or use of Third-Party Products.

Any link available on the website directing to a Third-Party Product does not imply or mean in any way that the agency assumes or accepts responsibility for the content or use of this Third-Party Product. The agency makes no representations regarding the quality, safety, adequacy, or reliability of Third-Party Products, nor the content or material they contain. When a user of the agency’s website accesses or uses Third-Party Products, they should review the terms of use and privacy policy associated with them.

CHAPTER XIV – PRIORITY FOR ALL ENTITIES PART OF THE AGENCY

To obtain more information related to the processing of personal information by other entities working with the agency, the agency invites clients and members of the public to consult the privacy policy of each of these entities.

CHAPTER XV – CONTACTING THE PERSON RESPONSIBLE FOR INFORMATION

The agency is responsible for personal information. Consequently, the agency has designated a person who serves as the person responsible for the protection of personal information within the agency. To exercise a right, ask questions, provide comments, or file a complaint regarding this policy or the processing of personal information, communication must be directed through the person responsible for the protection of personal information at the following contact details.

The agency is required to verify the identity of the requester before responding to any request, question, comment, or complaint addressed to its person responsible for the protection of personal information:

Contact: Joanne Birtz, DA and if absent, Stéphanie Garant

Phone: 514-903-0455

Email: joanne.birtz@yahoo.ca or stephanie.garant@rsmi.ca

Share this:

Like this: