Privacy policy

Immeubles Stuart (hereinafter “THE AGENCY” or the “BROKER”) is governed by the Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) (the Act ).

Personal information

personal information is information which concerns a natural person and which allows, directly or indirectly, to identify them. A writing, an image, a video and a sound recording may contain personal information. As part of its professional activities, the AGENCY or the BROKER may collect personal information such as name, home address, date of birth, identity document information, social insurance number , information on a person's income, marital status, etc.

Consent

The AGENCY or BROKER collects, uses and communicates personal information with the consent of the person concerned. To be valid, this consent must be manifest, free, informed and given for specific purposes. The person who consents to provide their personal information is presumed to consent to their use and communication for the purposes for which they were collected.

Any person may withdraw their consent at any time to the collection, use and communication of their personal information by the AGENCY or the BROKER. In this case, if the collection is necessary for the conclusion or execution of the contract by the AGENCY or the BROKER, the latter may not be able to comply with a service request.

Responsibility

THE AGENCY or 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 the confidentiality policy as well as policies and practices governing governance with regard to personal information and the objective of which is to regulate the collection, use, communication, retention and destruction of personal information.

Collection of personal information

THE AGENCY or BROKER only collects personal information necessary to carry out its activities in the field of real estate brokerage. For example, this may involve information collected for the purposes of carrying out a real estate transaction, for the purposes of record keeping, and for the monitoring of professional practice by the Self-Regulatory Organization for Real Estate Brokerage. of Quebec (OACIQ) or any other purpose determined by the AGENCY or the BROKER and brought to the attention of the person whose consent is requested.

THE AGENCY or BROKER invites its staff members to explain in simple and clear terms to the person concerned the reasons for collecting their personal information and to ensure their understanding.

For the purposes 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 correspondence with persons involved in a transaction or through various documents submitted as part of the completion of a real estate transaction (documents). identity, financial documents, powers of attorney, etc.).

Use and communication of personal information

Personal information is used and communicated 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, for the purpose of detecting and preventing fraud, for the purpose of providing a service to the data subject.

The AGENCY or BROKER may be required to communicate personal information to third parties, for example, suppliers, co-contractors, subcontractors, agents, insurers (such as the Insurance Fund professional liability of real estate brokerage in Quebec [the FARCIQ]), to professionals, to other regulators, or outside Quebec.

The AGENCY or the BROKER may, without the consent of the person concerned, communicate personal information to a third party if this communication is necessary for the execution of a mandate or a service or business contract . In this case, the AGENCY or BROKER establishes a written mandate or contract in which it indicates the measures that its agent must take to ensure the protection of the personal information entrusted to it, so that it is not used only in the exercise of the mandate or contract and that they are destroyed after its end. The co-contractor must also undertake to collaborate with the AGENCY or the BROKER in the event of a violation of the confidentiality of personal information.

Before communicating personal information outside Quebec, the AGENCY or the BROKER takes into account their sensitivity, the purpose of their use and the protection measures they will benefit from outside Quebec . The AGENCY or BROKER will only communicate personal information outside Quebec if its analysis demonstrates that it will benefit from adequate protection in the place where it must be communicated.

Retention and destruction of personal information

When the purposes for which the personal information was collected or used have been accomplished, the AGENCY or BROKER must destroy it, subject to a retention period provided for by law. In this regard, the professional obligations of the AGENCY or BROKER require it to keep its files for at least six (6) years following their final closure.

Security measures

When collecting, using, retaining and destroying personal information, the AGENCY or BROKER applies the necessary security measures to protect the confidential nature of personal information. More specifically, here are the applicable measures:

• Immeubles Stuart only collects the personal information necessary for the transaction,
• Immeubles Stuart uses and communicates personal information for the purposes for which it was collected.
• Only the broker and a member of administrative staff have access to personal information.

Privacy incident

A confidentiality incident is the access, use, communication of personal information not authorized by law or the loss of personal information or any other breach of the protection of personal information.

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THE AGENCY or BROKER has put in place a confidentiality incident management protocol in which the people who assist the Personal Information Protection Manager are identified and which provides for the concrete actions that must be taken in incident case. This protocol provides in particular 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 BROKER

   • Ensures the confidentiality of information through good information management practices. More particularly, he (he) provides directives, training and instructions to staff members relating to the collection, use, storage, modification, consultation, communication and permissible destruction of personal information.
   • Deploys appropriate protection measures to reduce the risk of confidentiality incidents, for example, IT security, updating policies relating to personal information, training of its staff, etc.
   • Has standardized methods of filing documents containing personal information.
   • Has standardized methods for storing documents containing personal information, particularly regarding the scanning procedure.
   • Manages physical and computer access to personal information based in particular on its sensitivity.
   • Proceeds with the secure destruction of personal information. More specifically, he/she gives directives or instructions to staff members relating to the method of secure destruction, destruction times, etc.

2. Privacy Officer

   In accordance with the Law, the AGENCY or BROKER has appointed the Personal Information Protection Officer.

   He 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 “Right of access, withdrawal and rectification” section.

   The Personal Information Protection Manager is responsible for managing confidentiality incidents and, in this context, takes actions provided for by law.

   The Personal Information Protection Officer processes requests for access and rectification of personal information. It also handles complaints relating to the processing of personal information by the AGENCY or the BROKER.

   The Personal Information Protection Officer is consulted as part of an assessment of privacy factors for any project for the acquisition, development and redesign of an information or electronic delivery system services involving the collection, use, communication, retention or destruction of personal information. He may suggest measures to ensure the protection of personal information within the framework of such a project.

3. Staff Members

   A member of the AGENCY's staff or the BROKER may access personal information only to the extent that it is essential to the execution of its functions or mandate.

   The AGENCY staff member or BROKER:

   • Ensures the integrity and confidentiality of personal information held by the AGENCY or the BROKER.
   • Complies with all AGENCY or BROKER policies and guidelines on access, collection, use, disclosure, destruction of personal information and information security and follows instructions which are presented to him.
   • Respects the security measures put in place at your workstation and on any equipment containing personal information.
   • Uses only equipment and software authorized by the AGENCY or BROKER.
   • Ensures, when the time comes, the secure destruction of personal information in accordance with the instructions received. Immediately report to his superior any act of which he becomes aware that may constitute a real or suspected violation of security rules relating to personal information.

Right of access, withdrawal and rectification

A person (or their authorized representative) may request access to personal information concerning them held by the AGENCY or the BROKER. An individual may withdraw their consent to the collection, use and disclosure of their personal information at any time. This withdrawal is then recorded in writing.

A person may ask to correct, in a file that concerns them, personal information that they consider to be inaccurate, incomplete or ambiguous.

THE AGENCY or the BROKER may refuse a request for access or rectification in the cases provided for by law.

Complaints

A person who considers themselves wronged may file a complaint regarding the processing of their personal information by the AGENCY or the BROKER. This complaint will be processed diligently within a maximum of 2 days by the Personal Information Protection Officer and a written response will be sent to you.

INTERNAL COMPLAINTS PROCEDURE

CONCERNING THE MANAGEMENT OF PERSONAL INFORMATION

• Upon receipt of a complaint, it is transferred to Erin McGarr director of the agency;
• Follow-up is then done with the broker;
• The person concerned is contacted;
• The complaint is entered in the confidentiality incident register;
• The necessary corrections are made.

To request access or rectification of your personal information or to submit a complaint regarding the processing of personal information, please contact: Erin McGarr, agency director 450 672 1731 info@immeublesstuart.ca

Version of August 14, 2023