The Policy applies to all personal information collected, used or disclosed by Daniels and City Life Realty Ltd. (“City Life”), in the course of conducting business. City Life is a division of Daniels and operates as a realtor to facilitate the purchase and sale of units in Daniels’ communities. Where a purchaser registers to purchase a unit in a Daniels community at a sales office rather than through Daniels’ website, it is City Life that collects and uses the purchaser’s personal information for the purposes of facilitating the purchase and sale of the unit. References in this Policy to “Daniels” or the “Company” include a reference to City Life where applicable.
The Policy does not apply to personal information about Daniels’ employees that is collected, used or disclosed for the purposes of managing the employment relationship.
The Personal Information Protection and Electronic Documents Act (“PIPEDA”) defines “personal information” as information about an identifiable individual.
Personal information is broadly defined and includes, but is not limited to the following information that Daniels may collect, use and disclose:
Cellular telephone number
Date of birth
Home phone number
Home address/email address
Driver’s license number
Social Insurance Number (only where required for tax purposes)
Credit card information
There are ten principles under PIPEDA that organizations must follow when handling personal information in the course of doing business. These ten principles are summarized below and Daniels’ practices for complying with these principles are detailed in this Policy.
- Accountability: Daniels is responsible for personal information under its control. As such, Daniels is required to appoint an individual (or individuals) to serve as a ‘Compliance Officer” to represent the Company and its accountability.
- Identifying Purposes: Daniels must disclose the purpose for collecting personal information either at or before the time of collection and this purpose must be documented.
- Consent: The knowledge and consent of the individual providing personal information is required before collection, use, or disclosure of this information, except where obtaining consent is inappropriate or not required by law. Daniels must not, as a condition of purchase, require an individual to consent to the collection, use, or disclosure of personal information beyond that required to fulfil the transaction. Daniels considers the sensitivity of personal information when determining the form of consent (explicit or implicit) to be obtained. Subject to contractual restrictions associated with the purchase of a unit, an individual may withdraw their consent at any time.
- Limiting Collection: The collection of personal information by Daniels shall be limited to information deemed necessary for the purposes identified by Daniels at the time of collection. The type of personal information collected is described in this Policy and shall be collected by fair and lawful means.
- Limiting Use, Disclosure, and Retention: Personal information collected by Daniels may only be used or disclosed for the purposes for which the information was collected except with consent for use or disclosure for another purpose or as required by law. Unless consent is not required under PIPEDA, deviation from the intended use must be consented to in advance, by the individual. If personal information is to be used for a new purpose, this new purpose must be documented. Personal information shall be retained only as long as necessary to fulfill the purpose for which it was collected. Daniels must have procedures in place for the retention and destruction of personal information that comply with the requirements of PIPEDA and any other applicable legislative requirements.
- Accuracy: Personal information that is collected must be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Safeguards: Personal information collected and stored by Daniels (in paper or electronic format) shall be protected by physical, organizational and/or technological safeguards appropriate to the level of sensitivity of the personal information. Staff shall be made aware of the importance of maintaining the confidentiality of personal information and care shall be taken in the disposal or destruction of personal information.
- Openness: Upon request, Daniels will readily disclose this Policy and other information about its practices and procedures for handling personal information.
- Individual Access: Subject to certain exceptions, upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. Daniels must respond to a request for access within a reasonable time and at minimal or no cost to the individual. An individual shall be able to challenge the accuracy and completeness of this information and have it amended as appropriate. When a challenge is not resolved to the satisfaction of the individual, Daniels shall record the substance of the unresolved challenge.
- Challenging Compliance: Individuals have the right to question Daniels’ compliance with the above principles. These challenges shall be directed to the appointed Compliance Officer (see “Daniels Compliance Officer”). Daniels must have procedures in place to receive and respond to complaints or inquiries about its policies and practices relating to the handling of personal information.
What Personal Information Does Daniels Collect and How is it Used?
Daniels collects personal information necessary to facilitate the purchase and sale of a property. This information includes contact information, purchaser preferences, financial information and purchaser information, as required by the Agreement of Purchase and Sale (“APS”) and by Financial Transactions and Reports Analysis of Canada (“FINTRAC”).
Daniels also collects and uses personal information to assist with marketing efforts and to improve its customer service. This information is referred as Optional Information and is described in more detail below.
PERSONAL INFORMATION NECESSARY TO FACILITATE PURCHASE AND SALE
Contact information is collected by Daniels’ sales representatives in project sales offices, or on Daniels’ website, should the purchaser register online. The contact information collected includes:
- First and last name
- Home/Cellular/Work phone numbers (one must be provided, to provide multiple numbers is optional)
The purpose of collecting this contact information is to allow Daniels to contact purchasers regarding its projects. Once an APS has been signed by a purchaser, contact information is inputted into Daniels secure electronic database where different departments at Daniels have access should they need to contact the purchaser.
Important notifications are sent through postal mail to the purchaser’s provided address, as well as to their email account. The provided email address will also be used for correspondence between Daniels and the purchaser, should inquires arise. Telephone numbers on record will be used by various departments to contact purchasers directly (e.g. by the Customer Care team to schedule a Pre-Delivery Inspection (“PDI”) appointment).
At the time of registration, information regarding the purchaser’s preferences is collected to assist Daniels in identifying a unit that would meet the purchaser’s needs and preferences. For example, information is collected about the purchaser’s price range, square footage of unit desired, number of bedrooms etc.
Financial information is collected by Daniels during the transaction process for the purposes of facilitating the purchase and sale of the unit. The financial information Daniels collects is as follows:
- Bank account number
- Financial institution
- Name of account holder
- Type of cheque received at sale (cheque, certified cheque, money order, etc.)
- Mortgage commitment from a Schedule 1 bank or other lending institution acceptable to Daniels as well as information directly from the bank or lending institution to verify the contents, accuracy and legitimacy of the mortgage commitment
- Copies of post-dated cheques (must be provided by the end of the rescission period)
Purchaser information is collected by Daniels at the time of purchase and sale of a unit.
FINTRAC is used to deter money-laundering activities, and a FINTRAC form must be completed by law on the sale of property. As part of the FINTRAC form, Daniels requires a purchaser to disclose the following information:
- Principle business/occupation
- Government identification (driver’s license, passport, permanent residence card). Government identification is photocopied and its identifier numbers recorded for Daniels’ files.
In addition to the FINTRAC form, Daniels requires the information below for the APS:
- Date of Birth
- Purchaser’s lawyer information
- Purchaser’s broker information (if applicable)
Daniels requires the purchaser’s lawyer information during the ten-day firm up period and will use this information to coordinate the closing of the sale of the unit. If a broker was used, the broker’s information is obtained at the time of sale, and is used in Daniels’ broker referral program to pay commission.
If any interest is payable on a purchaser’s deposit monies, collection of a purchaser’s SIN will be required in order to issue a T5. In such circumstances, the SIN will be collected by Daniels’ legal counsel at the time of sale.
Daniels collects personal information directly from purchasers when they contact Daniels to make inquiries about the unit they are purchasing/have purchased and/or to communicate preferences regarding the finishings/décor of the unit. This information is used to provide customer service and ensure purchaser preferences are accommodated, where possible.
OPTIONAL PERSONAL INFORMATION NOT REQUIRED TO FACILITATE PURCHASE AND SALE
At the time of registration and during the purchase and sale of a unit, Daniels requests certain personal information that is not required to facilitate the transaction and/or requests permission to use certain personal information for purposes other than to facilitate the transaction (“Optional Information”). This Optional Information includes the following:
- Daniels asks purchasers to complete a Customer Care satisfaction survey to help Daniels improve the service it provides.
- Daniels asks purchasers to indicate how they heard about Daniels to help Daniels target its marketing efforts.
- Daniels asks purchasers to consent to the use of their email for marketing purposes (e.g., to receive information on future Daniels’ projects)
At the time of registration Daniels requests certain personal information, some of this information is used to assist Daniels in identifying a unit that would meet the purchaser’s needs (explained above) and some is used to assist Daniels with its marketing efforts. This information includes the following:
- Purchase type (are you a first-time buyer, investor, etc.…)
- Product preferences (1 bedroom, 2-bedroom, specific floor of the building, etc.…)
- Size of unit (square foot range)
- Current home status (home, townhome, apartment, etc.…)
- Current ownership status (own, rent)
- Price range
At the time of registration, Daniels expressly asks whether the purchaser consents to receiving promotional materials from the Daniels marketing team. The purchaser is free to consent or not and even if he/she does consent, such consent may be rescinded at any point in the future by using the opt-out option that is included at the bottom of all Daniels’ marketing email communications. A purchaser’s decision not to consent to the receipt of marketing emails or to withdraw such consent will not impact the purchaser’s ability to proceed with the purchase and sale of a unit in a Daniels community.
Disclosure, Transfer and Sharing of Personal Information
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the purchaser, unless consent is not legally required in the circumstances or as may be required by law. Daniels may disclose personal information to the following entities for the following purposes:
- to a company or organization affiliated, associated or related to Daniels in order to provide a purchaser with information relating to the project in which they are purchasing a unit or other of Daniels projects;
- to any provider of utilities, services and/or commodities to the unit (including without limitation, gas, electricity, water, telephone, internet and other communication services, cable, heating, cooling, satellite television, appliances and/or property tax assessments) for the purposes of marketing, promoting and providing such utilities, services and/or commodities to the unit;
- as necessary or appropriate to protect property, Daniels’ business interests and to enforce contracts;
- to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;
- to Daniels’ consultants and lending institution(s) for the purpose of arranging financing to complete the transaction contemplated in the APS;
- to Daniels’ sales agents and representatives for marketing and promotional purposes;
- to any trades/suppliers or sub-trades/sub-suppliers who have been retained by or on behalf of Daniels (or who are otherwise dealing with Daniels) to facilitate the completion and finishing of the unit and the installation of any extras or upgrades ordered or requested by the purchaser;
- to Daniels’ affiliates, subsidiaries, divisions and service providers who provide services to Daniels or on Daniels’ behalf and agree to only use such information for the purpose for which it was provided and in accordance with this Policy.
- to Daniels’ legal counsel for the purposes of completing the sale of the property; and
- to any relevant governmental authorities or agencies.
Daniels will obtain consent prior to the collection, use or disclosure of personal information unless such consent is not required by law. At the time the purchaser provides consent, Daniels will make reasonable efforts to ensure a purchaser is informed of the purpose(s) for which a purchaser’s personal information is being collected, used and/or disclosed. When personal information that has been collected is to be used or disclosed for a new unidentified purpose, Daniels will identify the new purpose either orally or in writing and will seek consent prior to using or disclosing the personal information for this new purpose, unless not required to do so by law. Purchasers have the right to withdraw consent at any time, except where doing so is contrary to legal or contractual restrictions. Where consent is withdrawn Daniels will inform the purchaser of the consequences of such withdrawal.
Daniels seeks express consent to collect, use and disclose personal information at various stages of the process for the purchase and sale of a unit in a Daniels community. Specifically, the registration form seeks the purchaser’s express consent for the use of the personal information provided to facilitate the sale of a unit for which the purchaser is registering. Similarly, if a purchaser enters into an APS with Daniels, the APS requires express consent to the collection, use and disclosure of the personal information to facilitate the purchase and sale of the unit and for other purposes identified in the APS.
Implied consent may be inferred by Daniels where the purpose of collecting, using or disclosing the personal information is obvious and the purchaser voluntarily provides personal information for this purpose. For example, where a purchaser contacts Daniels to make inquiries or communicate preferences regarding the extras or upgrades to their unit, Daniels implies consent to satisfy those inquiries or preferences.
Data Security, Retention & Destruction
Currently, Daniels stores personal information in both hardcopy and electronic formats. However, Daniels is eliminating its use of hardcopy files and personal information for new projects is stored exclusively in an electronic format.
Daniels employs administrative, technical and physical safeguards intended to protect against the loss, misuse, unauthorized access, or disclosure of personal information. Although Daniels takes such precautions seriously, it is not possible for Daniels to guarantee the safety and security of personal information.
Personal information is retained only as long as necessary to fulfill the purpose for which it was collected. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. Personal Information that is the subject of a request for access under the PIPEDA shall be retained as long as necessary to allow the individual time to exhaust all recourse under PIPEDA.
At the conclusion of the applicable retention period, paper and electronic files are securely destroyed such that personal information cannot be recovered or reconstructed.
Individual Access, Correction & Challenging Compliance
Requests to Access and/or Correct Personal Information
Upon request, Daniels will inform an individual of the existence of personal information the Company holds about the individual and the circumstances in which the individual’s personal information was used and/or disclosed including the identity of any third parties to whom it was disclosed. Subject to limited exceptions as provided for under PIPEDA and upon request, Daniels will provide an individual with access to his/her personal information. Personal information that is the subject of a request for access under the PIPEDA shall be retained as long as necessary to allow the individual time to exhaust all recourse under PIPEDA.
An individual may request that Daniels correct inaccurate or incomplete personal information by contacting the Compliance Officer. When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, where it is able to do so, Daniels shall make the necessary correction or if the information is located in records received from third parties, appropriately notify the third party of the existence of the inaccuracy.
All requests under this section of the Policy must be made in writing to the Compliance Officer and must be sufficiently detailed to enable Daniels to understand and respond to the request.
Daniels will respond to requests under this section of the Policy within thirty (30) business days or such shorter time as may be required by law. If Daniels is unable to respond within thirty (30) days it will provide a written notice of an extension of the timeline for responding.
Where a request made under this section of the Policy is refused in full or in part, Daniels will notify the individual in writing and will provide the reasons for refusal as well as any recourse that may be available to the individual. Where an individual’s request to correct personal information is denied, Daniels will maintain a record of the request and denial.
Complaints or concerns regarding Daniels’ compliance with this Policy or with applicable privacy laws should be made in writing to the Compliance Officer.
Privacy complaints will be directed to the Compliance Officer who will follow the process below:
- An acknowledgment will be sent to the complainant if contact information has been provided.
- The complainant will be contacted (if necessary) to clarify the complaint.
- A Daniels employee with the relevant skills will be assigned to conduct a fair and impartial investigation of the complaint.
- The assigned investigator will receive access to all relevant records needed to conduct the investigation.
- The complainant will be notified of the outcome of the investigation clearly and promptly and will be informed of the relevant steps taken (if any).
- If a complaint is found to be justified, Daniels will take appropriate steps, including, if necessary, amending its policies and practices and correcting any inaccurate personal information.
- Employees will be made aware of any relevant changes to policies and practices.
Should the complainant be unsatisfied the manner in which their complaint is addressed, the complainant may escalate the matter by contacting the Office of the Privacy Commissioner of Canada.
The Office of the Privacy Commissioner of Canada can be contacted by:
Daniels Compliance Officer
Daniels’ Compliance Officer is responsible for compliance with PIPEDA including, implementing the Policy and other practices and procedures to protect personal information.
In addition, Daniels’ Compliance Officer is responsible for:
- responding to complaints, requests for access to or correction of personal information and inquiries regarding the Policy and Daniels’ privacy information management practices more generally;
- training staff and communicating to staff information about the Policy and Daniels’ practices and procedures for protecting personal information; and
- amending the Policy as necessary to comply with changes to the law and developing/amending other information as necessary to explain Daniels’ practices and procedures to protect personal information.
Daniels’ Compliance Officer is Carol Krasovskis.
All inquiries and complaints regarding the Policy or Daniels’ practices and procedures for handling personal information may be directed to Carol Krasovskis at:
- Mail/In-Person: 130 Queens Quay East, West Tower, 8th Floor, Toronto, Ontario M5A 0P6
- Email: firstname.lastname@example.org
- Phone: 416-598-2129 ext.: 2282
Effective Date of Statement
This Statement has been adopted by Daniels as of May 7, 2021.