Privacy Policy and Data Collection
Claudette Martin Real Estate Broker (hereinafter the “AGENCY” or the “BROKER”) is governed by the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) (the Act).
Personal Information
Personal information is information that concerns a natural person and that allows that person to be identified, directly or indirectly. A written document, an image, a video, and an audio recording may contain personal information. In the course of its professional activities, the AGENCY or the BROKER may collect personal information such as a name, home address, date of birth, information from an identity document, social insurance number, income information, marital status, etc.
Consent
The AGENCY or the BROKER collects, uses, and discloses personal information with the consent of the person concerned. In order to be valid, this consent must be manifest, free, informed, and given for specific purposes. A person who consents to providing their personal information is presumed to consent to its use and disclosure for the purposes for which it was collected.
Any person may withdraw at any time their consent to the collection, use, and disclosure of their personal information by the AGENCY or the BROKER. In such a case, if the collection is necessary for the conclusion or performance of a contract by the AGENCY or the BROKER, the AGENCY or the BROKER may not be able to fulfill a request for service.
Responsibility
The AGENCY or the BROKER is responsible for the protection of the personal information it holds in the course of carrying out real estate brokerage activities. For this purpose, the AGENCY or the BROKER has adopted this privacy policy as well as policies and practices governing the management of personal information, the objective of which is to oversee the collection, use, disclosure, retention, and destruction of personal information.
Collection of Personal Information
The AGENCY or the BROKER collects only the personal information necessary for the conduct of its activities in the field of real estate brokerage. For example, this may include information collected for the purpose of completing a real estate transaction, maintaining records, monitoring professional practice by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), or any other purpose determined by the AGENCY or the BROKER and communicated to the person from whom consent is requested.
The AGENCY or the BROKER encourages members of its staff to explain, in simple and clear terms, the reasons for collecting personal information and to ensure that the person concerned understands them.
For the purpose of collecting personal information, the AGENCY or the BROKER encourages its staff members to use the standardized forms developed by the OACIQ.
The AGENCY or the BROKER may also collect personal information verbally during communications with persons involved in a transaction or through various documents submitted as part of a real estate transaction (identity documents, financial documents, powers of attorney, etc.).
Use and Disclosure of Personal Information
Personal information is used and disclosed for the purposes for which it was collected and with the consent of the person concerned. In certain cases provided for by law, personal information may be used for other purposes, for example, to detect and prevent fraud or to provide a service to the person concerned.
The AGENCY or the BROKER may be required to disclose personal information to third parties, for example to suppliers, co-contractors, subcontractors, agents, insurers (such as the Real Estate Brokerage Professional Liability Insurance Fund of Québec [FARCIQ]), professionals, other regulators, or outside Québec.
The AGENCY or the BROKER may, without the consent of the person concerned, disclose personal information to a third party if such disclosure is necessary for the execution of a mandate or a contract of service or enterprise. In such a case, the AGENCY or the BROKER establishes a written mandate or contract in which it indicates the measures that the mandatary must take to ensure the protection of the personal information entrusted to them, so that it is used only in the performance of the mandate or contract and is destroyed after its completion. The co-contractor must also agree to cooperate with the AGENCY or the BROKER in the event of a breach of confidentiality of personal information.
Before communicating personal information outside Québec, the AGENCY or the BROKER considers its sensitivity, the purpose of its use, and the protective measures that will apply to it outside Québec. The AGENCY or the BROKER will only communicate personal information outside Québec if its analysis shows that it will benefit from adequate protection in the location where it will be communicated.
Retention and Destruction of Personal Information
When the purposes for which personal information was collected or used have been fulfilled, the AGENCY or the BROKER must destroy it, subject to a retention period provided by the Act. In this regard, the professional obligations of the AGENCY or the BROKER require that its files be retained for at least six (6) years following their final closure.
Security Measures
When collecting, using, storing, and destroying personal information, the AGENCY or the BROKER applies the necessary security measures to protect the confidential nature of personal information. More specifically, the following measures apply:
Confidentiality Incident
A confidentiality incident is the unauthorized access, use, or disclosure of personal information not authorized by the Act, the loss of personal information, or any other breach of the protection of personal information.
The AGENCY or the BROKER has implemented a confidentiality incident management protocol identifying the persons who assist the Person Responsible for the Protection of Personal Information and providing for the concrete actions that must be taken in the event of an incident. This protocol notably provides for the responsibilities expected at each stage of incident management, including the measures to be taken to ensure data security.
Roles and Responsibilities
1. The AGENCY or the BROKER
The AGENCY or the BROKER:
▪ Ensures the confidentiality of information through good information management practices. More specifically, it provides directives, training, and instructions to staff members regarding the collection, use, storage, modification, consultation, disclosure, and authorized destruction of personal information.
▪ Deploys appropriate protective measures to reduce the risk of confidentiality incidents, for example IT security, updating policies relating to personal information, staff training, etc.
▪ Uses standardized methods for filing documents containing personal information.
▪ Uses standardized methods for retaining documents containing personal information, particularly with regard to digitization procedures.
▪ Manages physical and electronic access to personal information, notably based on its level of sensitivity.
▪ Carries out the secure destruction of personal information. More specifically, it provides directives or instructions to staff members regarding secure destruction methods, destruction timelines, etc.
2. Person Responsible for the Protection of Personal Information
In accordance with the Act, the AGENCY or the BROKER has appointed the Person Responsible for the Protection of Personal Information.
This person ensures, in particular, that these policies are respected and that they comply with applicable regulations. The name and contact details of this person appear in the section “Right of Access, Withdrawal, and Rectification.”
The Person Responsible for the Protection of Personal Information manages confidentiality incidents and, in this context, takes the actions provided for by the Act.
The Person Responsible for the Protection of Personal Information handles requests for access to and correction of personal information. They also handle complaints relating to the processing of personal information by the AGENCY or the BROKER.
The Person Responsible for the Protection of Personal Information is consulted as part of a privacy impact assessment for any project involving the acquisition, development, or redesign of an information system or electronic service delivery involving the collection, use, disclosure, retention, or destruction of personal information. They may suggest measures to ensure the protection of personal information within such a project.
3. Staff Members
A staff member of the AGENCY or the BROKER may access personal information only to the extent that it is necessary for the performance of their duties or mandate.
A staff member of the AGENCY or the BROKER:
▪ Ensures the integrity and confidentiality of the personal information held by the AGENCY or the BROKER.
▪ Complies with all policies and directives of the AGENCY or the BROKER regarding access to, collection, use, disclosure, and destruction of personal information and information security, and follows the instructions provided.
▪ Respects the security measures implemented on their workstation and on any equipment containing personal information.
▪ Uses only equipment and software authorized by the AGENCY or the BROKER.
▪ Ensures, when required, the secure destruction of personal information in accordance with the instructions received. Immediately reports to their supervisor any act of which they become aware that may constitute an actual or suspected violation of the security rules relating to personal information.
Right of Access, Withdrawal, and Rectification
A person (or their authorized representative) may request access to the personal information concerning them held by the AGENCY or the BROKER. A person may withdraw at any time their consent to the collection, use, and disclosure of their personal information. Such withdrawal will then be recorded in writing.
A person may request that personal information in a file concerning them be corrected if they consider it inaccurate, incomplete, or ambiguous.
The AGENCY or the BROKER may refuse a request for access or rectification in the cases provided for by the Act.
Complaints
A person who believes they have been wronged may file a complaint regarding the handling of their personal information by the AGENCY or the BROKER. This complaint will be processed diligently within a maximum period of 7 days by the Person Responsible for the Protection of Personal Information, and a written response will be sent to you.
To make a request for access to or correction of your personal information, or to submit a complaint regarding the processing of personal information, please contact:
Claudette Martin Real Estate Broker
514-953-5316
claudettemartin9823@hotmail.com ↗