1.
The Privacy Code of The Canadian Real Estate
Association
This office is a member of The Canadian Real Estate Association (CREA)
and adheres to and abides by the principles set out in the CREA Privacy Code.
All employees and sales representatives associated with this office must
sign an acknowledgement that they will comply with the requirements of the Code.
2.
The Policy Statement
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 and customers.
3.
The Person in Charge
The RE/MAX County Town Office Administrator is the privacy compliance
officer responsible for privacy compliance in this office and can be reached at
705-324-6153. The responsibilities of the privacy compliance officer shall
include:
(a)
establish and update information protection policies;
(b)
ensure policies are implemented by other organizations to which
data-processing functions are outsourced;
(c)
establish criteria for classification of information;
(d)
evaluate the accessibility of sensitive information and take corrective
action where necessary;
(e)
provide education to employees on the importance of information
protection;
(f)
attempt to resolve consumer privacy complaints to the satisfaction of
the consumer.
4.
The Collection, Use and Disclosure of Personal
Information
(a)
Only the information necessary to facilitate the real estate transaction
or otherwise provide professional and competent service to clients and customers
will be collected;
(b)
No personal information shall be collected from an individual without
first obtaining consent of the individual to the collection, use and
dissemination of that information;
(c)
Express consent (whether oral or written) must always be obtained except
in the following situation. Consent
may be implied where the information is not sensitive and where it can be
reasonably assumed that the individual would expect the information to be
disclosed in this fashion;
(d)
Once information is collected, it will be used and disclosed only for
the purposes disclosed to the individual;
(e)
All representation agreements must include the approved privacy clauses.
5.
Disclosure for New Purpose
(a)
Anyone using personal information for some new purpose that extends
beyond the consent already provided must obtain the express consent of the
person for that use;
(b)
Requests for information by law enforcement officials, lawyers, private
investigators or other agents or subpoenas for documents issued by the court
must be deferred to the (privacy office/office manager or broker/agent as
appropriate).
6.
Protecting Information
Information must be protected in a manner commensurate with its
sensitivity, value and criticality. This
policy applies regardless of the media on which information is stored, the
locations where the information is stored, the system used to process the
information, or the processes by which information is handled.
(a)
Collection
and Disclosure
i.
Meetings with customers and clients on these premises must take place in
a place and manner to ensure confidentiality;
ii.
Mail and faxes must be routed directly to the intended recipient;
iii.
Information should be available to other persons in the office only on a
need-to-know basis.
(b)
Storage
i.
Filing cabinets designated by the office administrator to contain
personal, including sensitive, information are to be kept secure at all times;
ii.
All personnel have computer passwords.
These passwords are confidential and are not to be shared with any
unauthorized persons.
(c)
Destruction
i.
This office has in place a record retention and destruction policy.
Refer to that portion of the policy manual for details.
7.
Accuracy of Personal Information
To ensure the quality of the information collected:
(a)
insofar as possible, personal information should be collected directly
from the consumer;
(b)
public property information (taxes, assessment data etc.) should be
verified;
(c)
disclaimers of accuracy in the form approved by the office should always
be attached to any disclosure of information
8.
Access to Personal Information
(a)
Copies of any privacy brochure approved by this office should always be
available to the public in the reception area of the office;
(b)
The individual set out in Section 3 as being responsible for privacy
compliance is the person responsible for responding to access requests and all
such requests will be referred to her. All
staff and salespersons will co-operate fully with the privacy compliance officer
in responding to requests;
(c)
On written request and appropriate identification satisfactory to the
organization, an individual will be advised of personal information about
him/her retained in the firm’s records;
(d)
Where information cannot be disclosed (for example the information
contains reference to other individuals or is subject to solicitor-client
privilege) the individual will be given reasons for non-disclosure;
(e)
An individual may have appended to a record, any alternative information
where the office is of the view that the appended information is, in fact,
correct;
(f)
A minimal administrative fee may be charged to supply the information.
9.
Compliance
(a)
Any complaints from an individual concerning the collection, use or
disclosure of their personal information or concerning the individual’s
ability to access their personal information must be referred to the privacy
compliance officer, who will attempt to resolve the complaint to the
individual’s satisfaction;
In the event the
compliance cannot be resolved internally to the individual’s satisfaction, he
or she will be advised of where to direct the complaint.