Listing Express Realty Inc., Brokerage
Policy on the Collection, Use and Disclosure
Of Personal Information
"Privacy Policy"
1 - The Privacy Code of The Canadian Real Estate Association
Listing Express Realty Inc., Brokerage 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 - Objective & Scope of Policy
Listing Express Realty Inc., Brokerage is committed to respecting your privacy and has prepared this Policy to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.
This Policy governs Personal Information collected from and about (i) individuals who are or may become Clients and/or Customers of Listing Express Realty Inc., Brokerage, (ii) individuals or organizations with whom Listing Express Realty Inc., Brokerage works with and (iii) users of Listing Express Realty Inc., Brokerage’s websites.
Using contractual or other arrangements, Listing Express Realty Inc., Brokerage shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Listing Express Realty Inc., Brokerage 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 cover aggregated data from which the identity of an individual cannot be determined. Listing Express Realty Inc., Brokerage retains the right to use aggregated data in any way that it determines appropriate.
3 - Contact Privacy Compliance Officer
In the event of questions about: (i) access to your Personal Information; (ii) Listing Express Realty Inc., Brokerage’s collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact the privacy compliance officer responsible for privacy compliance in this office:
Hamed Mahmood Salehi, Broker of Record, Listing Express Realty Inc., Brokerage - 5000 Yonge Street Suite 1901 Toronto Ontario M2N 7E9 Canada Tel: (416) 595-5111 Fax: (416) 595-5111.
If you have any questions or concerns about the way your Personal Information has been collected, used or disclosed or if access to your Personal Information has been improperly refused, or if we refused to correct erroneous information, try to settle the matter directly with Our privacy compliance officer. We have procedures in place to respond to complaints. If you are not satisfied with Our response to your privacy concerns, you may wish to contact the Office of the Information and Privacy Commissioner of Ontario and/or the Office of the Privacy Commissioner of Canada.
4 - Opt-Out Option
To “opt-out” of further promotional contacts send your request to the privacy compliance officer indicated in Section 3 of this Policy.
5 - The Collection, Use & Disclosure of Personal Information
For the purpose of this Policy:
"Client" means an individual who may or has used Listing Express Realty Inc., Brokerage's services to purchase 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;
"We", "Us" and "Our" means Listing Express Realty Inc., Brokerage.
Your provision of Personal Information to Listing Express Realty Inc., Brokerage means that you agree and consent that We may collect, use and disclose your Personal Information in accordance with this Privacy Policy. If you do not agree with these terms, you are requested not to provide any Personal Information to Listing Express Realty Inc., Brokerage or a Broker or Sales Representative working with Listing Express Realty Inc., Brokerage. Unfortunately, certain services can only be offered if you provide Personal Information and consequently, if you choose not provide us with any required Personal Information, Listing Express Realty Inc., Brokerage may not be able to offer you those services.
Listing Express Realty Inc., Brokerage 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.
Throughout your use of the real estate services on Our websites,
- We collect certain Personal Information only when you voluntarily provide in communication with Us. This includes provided information at the time of registering to use Our websites, submitting web-based forms, chatting online, posting comments, requesting further services or subscribing to any service offered by Us.
- To manage and administer Our business, Our websites passively and automatically collect certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique Internet “addresses” assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitors’ IP addresses, the domain name of the website from which the visitor linked to Our website, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify our website users personally.
- To understand and save our website users' preferences and compile aggregate data about website traffic and website interaction, non-personal information and data may be automatically collected through the standard operation of Our Internet servers or through the use of “cookies”. Cookies are small text files containing a unique identification number that identifies website users' browser - but not users personally - to Our servers each time users visit Our websites. Cookies are not pervasive or invasive programs that enter a user’s system and damage files. Cookies cannot, by themselves, disclose the individual identity of any site user, and We never combine information gathered by a cookie with personally identifiable information like your name, telephone number or email address, without your consent. Please note that We cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for Our websites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, you should note that you must have cookies enabled in your browser if you wish to create and log into your account.
- Our websites contains links or references to other websites to which this Privacy Policy does not apply. These sites are not owned or controlled by Us, and We are not responsible for the collection, use and disclosure of Personal Information or the privacy practices of other organizations or other websites to which Our site may refer visitors or provide links for. When submitting Personal Information on such other websites, We encourage you to read the privacy policy of those sites.
Listing Express Realty Inc., Brokerage, Brokers or sales representatives may use Personal Information for commission management purposes (e.g. commission financing, commission dispute resolution).
Listing Express Realty Inc., Brokerage’s use of Personal Information is limited to these purposes. Listing Express Realty Inc., Brokerage does not sell, trade, barter or exchange for consideration any Personal Information it has 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.
Listing Express Realty Inc., Brokerage does not knowingly collect Personal Information from anyone under the age of 18, especially children under 13, and does not use such information if Listing Express Realty Inc., Brokerage discovers that it is has been provided by a minor.
Personal Information may also be transferred to another company in the event of a change of ownership of all or part of Listing Express Realty Inc., Brokerage.
Listing Express Realty Inc., Brokerage may disclose Personal Information of clients and customers 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 Listing Express Realty Inc., Brokerage and, with respect to that information, to act in a manner consistent with this Policy.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Listing Express Realty Inc., Brokerage is obliged to disclose information without consent. Such circumstances may include:
- Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
- Where Listing Express Realty Inc., Brokerage 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 owning to Listing Express Realty Inc., Brokerage;
- Where it is necessary to permit Listing Express Realty Inc., Brokerage to pursue available remedies or limit any damages that Listing Express Realty Inc., Brokerage may sustain; or
- Where the information is public.
Where obliged or permitted to disclose information without consent, Listing Express Realty Inc., Brokerage will not disclose more information than is required.
6 - Accuracy
Listing Express Realty Inc., Brokerage endeavours to ensure that any Personal Information provided by clients and customers and in its possession is as accurate, current and complete as necessary for the purposes for which Listing Express Realty Inc., Brokerage uses that data. Information contained in files that have been closed is not actively updated or maintained.
7 - Retention
Listing Express Realty Inc., Brokerage retains Personal Information as long as Listing Express Realty Inc., Brokerage believes it is necessary to fulfil the purpose for which it was collected and Firm legal or business requirements.
8 - Security
Listing Express Realty Inc., Brokerage endeavours 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.
Listing Express Realty Inc., Brokerage further protects Personal Information by restricting access to it to those Employees and Contractors that the management of Listing Express Realty Inc., Brokerage has determined need to know that information in order that Listing Express Realty Inc., Brokerage may provide services to clients and customers.
While Listing Express Realty Inc., Brokerage puts in place reasonable precautions, We cannot guarantee at all times the security of the information submitted to, maintained on, or transmitted from Our systems. No method of transmitting or storing data is entirely secure, particularly with regard to the transmission of information over the internet.
9 - Access to Personal Information
Listing Express Realty Inc., Brokerage permits access to and review of Personal Information held by Listing Express Realty Inc., Brokerage 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 3 of this Policy. Listing Express Realty Inc., Brokerage 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 Listing Express Realty Inc., Brokerage delete an individual’s Personal Information from Listing Express Realty Inc., Brokerage’s system and records. However, due to constraints of computer technology and the fact that Listing Express Realty Inc., Brokerage backs up its systems, Personal Information may continue to reside in Listing Express Realty Inc., Brokerage’s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Listing Express Realty Inc., Brokerage systems in response to an accepted request for deletion.
Listing Express Realty Inc., Brokerage 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 business confidential information that may harm Listing Express Realty Inc., Brokerage or the competitive position of a third party;
- Is subject to solicitor-client or litigation privilege;
- Could reasonably result in: (i) serious harm to the treatment or recovery of the individual concerned; (ii) serious emotional harm to the individual or another individual; or (iii) 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 statute to perform such functions;
- Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
- Does not exist, is not held, or cannot be found by Listing Express Realty Inc., Brokerage.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.
Where information will be disclosed, Listing Express Realty Inc., Brokerage will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.
Listing Express Realty Inc., Brokerage 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, Listing Express Realty Inc., Brokerage will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.
10 - Amendment of Practices and This Policy
This statement is in effect as of November 23, 2010. Listing Express Realty Inc., Brokerage will from time to time review and revise its privacy practices and this Policy. Any amendment to Our Privacy Policy will be promptly communicated on Our websites. Clients, customers and others are advised to periodically check Our websites for such changes.
Revised: November 23, 2010
