Policy on the collection, use and disclosure of personal information
Objective and scope of policy
John Schaer Realty Ltd. is committed to respecting your privacy. This policy governs personal information collected from and about:
- Individuals who are or may become clients of John Schaer Realty Ltd
- Individuals or organizations with whom John Schaer Realty Ltd works with
John Schaer Realty Ltd. strives to ensure that agents, contractors or third party service providers who may receive personal information in the course of providing services to John Schaer Realty Ltd. 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 apply to aggregated data from which the identity of an individual cannot be determined. John Schaer Realty Ltd. reserves the right to use aggregated data in any way that it determines appropriate.
Collection, use and disclosure of personal information
For the purposes of this policy, “client” means an individual who may or has purchased John Schaer Realty Ltd. real estate or services to buy or sell real estate. “Personal information” means any information recorded in any form about an identified individual or an individual whose identity may be inferred or determined from such information.
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. John Schaer Realty Ltd. and its brokers or sales representatives may use personal information for commission management purposes (eg. Commission financing, commission dispute resolution).
John Schaer Realty Ltd.’s use of personal information is limited to the purposes listed in this policy. We do not sell, trade, barter or exchange for consideration any personal information we have 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. Personal information will be collected, to the extent possible, directly from the individual concerned. John Schaer Realty Ltd. does not knowingly collect personal information from anyone under the age of 18, especially children under age 13, and does not use such information if John Schaer Realty Ltd. discovers that it has been provided by a minor. Personal information may be transferred to another company in the event of a change in ownership of all or part of John Schaer Realty Ltd or should John Schaer, principal owner and broker, become employed with another real estate brokerage.
John Schaer Realty Ltd. 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 John Schaer Realty Ltd. and, with respect to that information, to act in a manner consistent with this policy.
There are circumstances where the use and/or disclosure of personal information may be justified or permitted or where John Schaer Realty Ltd. is obliged to disclose information without consent. Such circumstances may include:
- Where required by law, by order or requirement of a court, administrative agency or government tribunal
- Where John Schaer Realty Ltd. 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 John Schaer Realty Ltd.
- Where it is necessary to permit John Schaer Realty Ltd to pursue available remedies or limit any damages that John Schaer Realty Ltd. may sustain
- Where the information is public
- Where obliged or permitted to disclose information without consent, John Schaer Realty Ltd. will not disclose any more information than is required.
John Schaer Realty Ltd. endeavours to ensure that any personal information in its possession provided by clients is as accurate, current and complete as necessary for the purposes for which John Schaer Realty Ltd uses that data. Information contained in files that have been closed is not actively updated or maintained.
John Schaer Realty Ltd retains personal information as long as it believes it necessary to fulfill the purpose for which it was collected and to meet company legal or business requirements.
John Schaer Realty Ltd strives 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.
Access to personal information
John Schaer Realty Ltd permits access to and review of personal information held by John Schaer Realty Ltd 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. John Schaer Realty Ltd. 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 John Schaer Realty Ltd delete an individual’s personal information from company systems and records. However, due to the constraints of computer technology, personal information may continue to reside in the company’s systems after deletion. Individuals, therefore, should not expect that their personal information would be completely removed from John Schaer Realty Ltd. systems in response to an accepted request for deletion.
John Schaer Realty Ltd reserves the right to decline access to personal information where the information requested:
- Would disclose the personal information of another individual or of a deceased individual
- Would disclose confidential business information that may harm John Schaer Realty Ltd or the competitive position of a third party
- Is subject to solicitor-client or litigation privilege
- Could reasonably result in serious harm to the treatment or recovery of the individual concerned; serious emotional harm to the individual or another individual; or serious bodily harm to another individual
- May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statue to perform such functions
- Does not exist, is not held or cannot be found by John Schaer Realty Ltd.
Where information will not or cannot be disclosed, the individual making the request will be provided with reasons for non-disclosure. Where information will be disclosed, John Schaer Realty Ltd will strive to provide the information in question within a reasonable timeframe. John Schaer Realty Ltd 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, John Schaer Realty Ltd. will require sufficient information to allow for confirmation of the identity of the person making the request before granting access or making corrections.
Amendment of practices and this policy
John Schaer Realty Ltd will periodically review and revise its privacy practices and this policy. Notice of amendments will be provided publicly at www.schaerrealty.on.ca.