a. “Personal Information” means recorded information about an identifiable Individual and/or Third Party which includes, but is not limited to, home addresses and telephone numbers, age, gender, marital or family status, identifying numbers such as social insurance number, driver’s licence and other ID numbers, medical notes, employment history (past and present), financial history, banking information, criminal background checks, anyone else’s opinions about an Individual and/or Third Party, an Individual’s personal views or opinions, and name, address and phone number of parent, guardian or spouse;
b. “Collection” means the act of gathering, acquiring, or obtaining Personal Information from any source, including third parties, by any means;
c. “Consent” means a voluntary agreement with what is being done or proposed. Consent can either be express or implied. Express consent is given explicitly, either orally, or in writing. Express consent is unequivocal and does not require any inference on the part of the organization seeking consent. Implied consent arises where consent may reasonably be inferred from the action, or inaction, of the Individual and/or Third Party;
d. “Disclosure” means making Personal Information available to others inside and/or outside of Boardwalk;
e. “Law Enforcement” means disciplinary investigations or proceedings that lead or could lead to a penalty or sanction being imposed and policed;
f. “Third Party” means Individuals or organizations other than the subject of the records or representatives of Boardwalk. Note that in certain circumstances, the company may be entitled to provide Personal Information to an external party acting as an agent of Boardwalk;
g. “Use” means the treatment and handling of Personal Information by, and within Boardwalk; and
h. “Boardwalk” means all entities and subsidiaries included in the Boardwalk Real Estate Investment Trust consolidated structure.
Individuals and/or Third Parties are responsible for:
b. Providing the proper consents and authorizations;
c. Immediately reporting any breaches of Personal Information to the Privacy Officer; and
d. Updating Personal Information with Boardwalk.
6. LEGAL REQUIREMENTS
Boardwalk is responsible for Personal Information under its control and has a designated Privacy Officer who is accountable for Boardwalk’s compliance with PIPEDA, applicable provincial privacy legislation, and all privacy requirements.
b. Identifying Purposes
Boardwalk collects personal information and specifies the purpose prior to receiving consent from the Individual and/or Third Party. Personal Information is used for purposes such as:
• Verifying an Individual or Third Party’s identity
• Processing rental applications
• Performing background and credit checks
• Contacting Individuals and/or Third Parties for the purpose of Boardwalk-related business
• Disclosing Personal Information to utility or service providers to provision services such as Internet, electricity, natural gas, telephone and security alarm systems.
The knowledge and Consent of the Individual and/or Third Party is required for the Collection, Use, or Disclosure of Personal Information. In certain circumstances, Personal Information may be collected, used, or disclosed without the knowledge or Consent of the Individual. Exemptions include, but are not limited to, Personal Information gathered for: legal, medical, or security reasons, and prevention of fraud or for Law Enforcement purposes if its use is confined to those purposes.
d. Limiting Collection
The Collection of Personal Information shall be limited to that which is necessary for the purposes identified by Boardwalk.
e. Limiting Use, Disclosure and Retention
Personal Information shall not be used or disclosed for purposes other than those for which it was collected, except with the Consent of such Individual and/or Third Party or as permitted by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.
Personal Information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.
Personal Information shall be protected by security safeguards appropriate to the sensitivity of the information.
Boardwalk shall make readily available to Individuals and/or Third Parties, specific information about its policies and practices relating to the management of Personal Information.
i. Individual Access
Upon request, an Individual shall be informed of the existence, Use, and Disclosure of their Personal Information and shall be given access to that information. An Individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
j. Challenging Compliance
a. Information Collected
Boardwalk’s Collection, Use, Disclosure, and retention of Personal Information is done in order to establish, manage, or terminate a relationship with an Individual and/or Third Party.
b. Providing Consent
The collection, use or disclosure of your personal information by Boardwalk requires your knowledge and consent. At times, your consent for the collection, use and disclosure of your personal information may be implied from the manner in which it is collected.
If Boardwalk collects, uses or discloses personal information for the purposes other than those described above, prior to the collection, use and/or disclosure of such personal information, unless required to be disclosed by law, you will be notified of and your consent will be obtained prior to, Boardwalk’s collection, use and/or disclosure of that personal information. If we intend to use and/or disclose Personal Information that we previously collected for a new purpose which is not authorized under applicable laws, your consent will always be obtained before we use and/or disclose it for that new purpose.
c. Withdrawal of Consent
An Individual and/or Third Party may withdraw Consent subject to legal or contractual obligations and on reasonable notice. If an Individual wants to withdraw Consent, the Individual should first contact the Privacy Officer to understand the implications of such withdrawal, and then if the Individual and/or Third Party chooses to proceed, to give the requisite notice.
d. Access to Personal Information
i. Individuals and/or Third Parties may request access to review their own file by making arrangements with the Privacy Officer. Individuals and/or Third Parties shall provide at least twenty-four (24) hours written notice to the Privacy Officer. The Privacy Officer will respond to the request within thirty (30) days or advise the Individual and/or Third Party additional time is required to respond to the request.
ii. There may be situations in which Boardwalk is legally prohibited from allowing an Individual and/or Third Party to access to their Personal Information. For example, Boardwalk would be so prohibited if allowing an Individual and/or Third Party to access to their Personal Information would likely reveal Personal Information about another person or other confidential information. If this is the case, Boardwalk will advise the Individual and/or Third Party, why, subject to any legal restrictions. Other exceptions include but are not limited to the following:
1. The right of access does not extend to information exempted from Disclosure under PIPEDA or the applicable provincial privacy legislation, however, if that information can reasonably be severed from a record an applicant has the right of access to the remainder of the record.
e. Correcting Personal Information
As stated above in subsection 7 (d)(i), an Individual and/or Third Party has the right to submit a written request to access their Personal Information that is in Boardwalk’s possession and make corrections to it. The Individual and/or Third Party can request a correction to their Personal Information if there is an error omission or, alternatively, the Individual and/or Third Party may require that a statement of disagreement is attached. Boardwalk will amend Personal Information that is demonstrated to be inaccurate or incomplete.
Requests to update or correct Personal Information can be submitted by contacting the Privacy Officer via email or phone.
Boardwalk will not disclose Personal Information about Individuals and/or Third Parties to any Third Party, except under the following circumstances:
i. Where the Individual and/or Third Party who is the subject of Disclosure has provided express Consent;
ii. If the information is required for the purpose for which it was obtained;
iii. Where Boardwalk is permitted or required to do so by application legislation or regulation;
iv. Where the Disclosure is required by authorized government representatives who are acting to enforce any federal or provincial law or carrying out an investigation relating to the enforcement of any federal or provincial law, or for gathering information for the purpose of enforcing any federal or provincial law;
v. Where Boardwalk is required to comply with any valid court orders, warrants, or any other valid legal processes;
vi. In an emergency to protect the physical safety or any person or group of persons; and
vii. In compassionate circumstances in order to facilitate contact with a family member or a friend of an Individual and/or Third Party who is injured, ill or deceased.
Requests regarding Third Party access to Personal Information will be handled by the Privacy Officer of Boardwalk and must be in writing.
g. Limiting Collection
The Personal Information collected will be limited to those details necessary for the purposes identified by Boardwalk. With the Individual’s and/or Third Party’s Consent, Boardwalk may collect Personal Information from them in person, via telephone, mail, facsimile, email or the internet.
h. Retention and Destruction of Personal Information
Personal information that is no longer needed for its stated purpose will be destroyed, erased, or made anonymous.
Boardwalk will maintain personal information for as long as it is necessary to fulfill the purpose for which it was collected or to comply with any laws. The period in which personal information is retained may extend beyond the relationship between Boardwalk and the Individual and/or Third Party.
8. SAFEGUARD, SECURITY AND PROTECTION OF PERSONAL INFORMATION
Boardwalk will take and enforce all reasonable security measures appropriate for the sensitivity of the information to ensure that all Personal Information is protected against any form of unauthorized Use including but not limited to accidental or malicious Disclosure, unauthorized access, unauthorized modification, unauthorized duplication, or theft.
Methods of security will include but not be limited to the following:
a. Physical security including locked filing cabinets and secure access offices;
b. Organizational security including security clearances and limited access; and
c. Technological security including passwords and encryption.
9. USE OF VIDEO SURVEILLANCE AND AUDIO RECORDINGS
Video equipment may be installed and operating in common areas of our buildings. The video equipment may have capabilities such as zoom or night-vision features. The video equipment may be operating at all times. Surveillance of the video recordings may occur at any time.
The purpose of this equipment is to ensure your safety, security and reasonable enjoyment and that of our Resident Members, to ensure you have access to the premises, equipment and services that Boardwalk has agrees to provide, to preserve Boardwalk’s property and to deter crime.
Where required by law, signs will be posted informing you that video equipment is operating and recording personal information about you.
Audio recordings may be made during meetings, interviews or telephone calls.
The purpose of audio recordings may be used for, but not limited to, quality control, training purposes, ensuring safety or conflict resolution.
You can contact our Privacy Officer if you have questions regarding video or audio recordings.
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12. FURTHER INFORMATION AND CONTACT
If an Individual and/or Third Party has a question or complaint regarding Boardwalk’s privacy policies or procedures, they may contact the Privacy Officer.
If an Individual’s and/or Third Party’s concern remains unresolved to their satisfaction, the Individual and/or Third Party may address the concerns to the Privacy Commissioner of Canada, 112 Kent Street, Ottawa, Ontario, K1A 1H3 or the Privacy Commissioner of Alberta, Suite 2460, 801 6 Avenue SW, Calgary, Alberta, T2P 3W2.