Johnston & Daniel Privacy Policy

1. Introduction

J&D provides a variety of products and services to the public, including but not limited to: real estate brokerage services, real estate agency services, advising with respect to real estate purchase and sale, property leasing, property management, and other real estate advisory services.

In the course of providing these products and services, J&D may collect, with consent, certain personal information about its clients, employees and J&D brokers and agents.

"Personal Information" means information about an identifiable individual. This may include, without limitation, the individual's name, home address, age, income, credit history or other financial information, credit card information, personal preferences and other information about their family. Business contact information is also personal information, but consent is not required to collect, use or disclose this information for the purpose of communicating or facilitating communication with an individual in their business capacity.

The J&D Privacy Policy is based on Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"), which includes the Ten Privacy Principles outlined in the National Standard of Canada entitled Model Code for the Protection of Personal Information. For more information about this legislation, visit www.priv.gc.ca.

This web site is governed by Canadian law. If you are located in a jurisdiction outside of Canada and have questions on the application of the laws of your country to our collection, use or disclosure of your personal information, then please contact your local privacy commissioner or data supervisory authority.

This Privacy Policy describes the ten principles that J&D follows to protect your Personal Information when we collect, use or disclose it in the course of carrying on commercial activities in Canada. All of our employees and contractors who have access to Personal Information must adhere to the J&D Privacy Policy and related procedures. To this end, J&D has appointed a Chief Privacy Officer to ensure compliance by all J&D employees and to address your privacy concerns.

2. The Ten Principles of Privacy

The following ten principles govern our actions as they relate to the collection, use and disclosure of Personal Information:

3. Application of the Ten Privacy Principles - How we treat your personal information

The Kind of Information We Collect

J&D gathers and uses Personal Information in order to provide you with the products and services you have requested and to comply with applicable legislative requirements. The following is a representative list of the types of information that we collect:

• Information required in accordance with FINTRAC rules to verify your identity or when necessary to qualify you as a seller, buyer, mortgagor, lessor or tenant, including name, address, contact information, occupation, date of birth, and ID verification details.
• Credit file information, financial account verification information, and related documentation where required.
• When collecting an e-signature, we save the geographic location of the signee.
• Identity verification information for directors and officers of corporations.
• Your Social Insurance Number if we are obligated to collect it under applicable legislation.
• Information about real property that you own as required to market, sell or rent properties on your behalf.
• Resume, prior employment and reference information to evaluate real estate agent applicants and potential employees.
• Information required to provide professional and competent real estate services and to ensure satisfaction with the products and services we provide.

We do not collect personal information about you when you visit this web site (except for IP address, described below under "Web Site Usage Information and Cookies") unless you provide it. All information that you provide us with is securely maintained and kept strictly confidential. This Privacy Policy does not apply to aggregated data from which it is not possible to determine the identity of a specific individual. J&D reserves the right to use anonymous, aggregated data in any way that it determines appropriate.

How We Use Your Information

At J&D we use Personal Information for the following purposes:

• to verify your identity;
• to market your real property for sale or lease;
• to assist you in finding real property for sale or lease;
• to communicate with you in order to provide you with our products and services, including updates and additional products or services you may be interested in;
• for inclusion in documentation relating to your real estate transaction;
• to monitor our level of service and report back to ensure your satisfaction; and
• to consider your application for employment or engagement as a J&D agent.

We will only use Personal Information for the purpose that we have disclosed to you and for which you have provided your express or implied consent, unless use for another purpose without your consent is permitted or required under applicable law. If we want to use your information for a different purpose, we will notify you and ask for your consent first.

When We are Permitted to Disclose Your Information

J&D is obliged to keep your Personal Information confidential except under the following circumstances:

• When authorized by you: many services require us to obtain and share Personal Information to perform requested services, such as sharing property and ownership information with real estate boards and associations for MLS operations, and with other parties in a transaction including brokerages, appraisers, inspectors, financial institutions, and lawyers.
• When required by law: including tax and financial reporting obligations, or where required by court order.
• When permitted by law: certain circumstances allow disclosure without consent, such as debt collection, medical emergencies, or suspected illegal activities.

With Whom We May Share Your Information

• Real estate brokers, agents and employees: access is limited to those with a legitimate reason to use Personal Information.
• Real estate boards: for MLS listing operations with local boards and associations, including access by other Realtors in Canada and internationally.
• Third party suppliers and service providers: provided with only the information necessary to provide contracted services and bound to protect confidentiality.
• Service providers outside Canada: where applicable, Personal Information may be processed in jurisdictions with different legal protections.
• Sale of business: disclosure may occur to transaction counterparties and advisors in connection with sale, merger, or other business disposition, subject to confidentiality obligations.

How We Safeguard Information

J&D has organizational, technical and physical controls designed to maintain the security of its information and information systems. Files containing Personal Information are stored according to sensitivity. Appropriate controls are placed on computer systems and data processing procedures, and physical access to areas where Personal Information is gathered, processed or stored is limited to authorized employees and contractors.

When you telephone a J&D agent or employee to discuss your file, you may be asked for identifying information. This safeguard is intended to ensure only you, or someone authorized by you, has access to your file.

As a further means of safeguarding your Personal Information, we follow commercially reasonable document retention practices and securely destroy Personal Information once the purposes for which it was collected have been fulfilled, unless a longer period is permitted or required by law.

Third Party Web Sites

To better serve clients, J&D offers access to information about third party products and services through links on this web site, including social media web sites. J&D is not responsible for and cannot guarantee the content or privacy practices of other web sites linked from johnstonanddaniel.com.

Accessing and Amending Your Information

You have the right to access the Personal Information we keep about you and the right to verify or amend the information if it is shown to be inaccurate or incomplete. If you would like to view the Personal Information held in your file, please make a written request to the Chief Privacy Officer at the address listed below. We will respond as efficiently as possible.

We may request Personal Information from you to verify your identity before providing access. Your right of access is not absolute; there are circumstances under which we may refuse access as provided under applicable law.

Opting Out

If you wish to withdraw your consent to our collection, use or disclosure of your Personal Information, please contact the Chief Privacy Officer at the address, phone number or email below. While we can accommodate your request regarding promotional communications, if you withdraw consent for business purposes tied to delivery of services, we may not be able to provide services that depend on use and disclosure of this information.

Web Site Usage Information and Cookies

J&D may collect information about your usage of this web site. For example, our web servers may record certain information automatically when you visit the web site, including pages visited, your IP address and other site usage statistics. This information is used for research and analytical purposes only, such as evaluating traffic and page usage patterns.

This web site may use cookies. Cookies are small text files with a unique identifier that allows our systems to recognize your browser each time you visit. Most major web sites use this technology and most browsers accept cookies by default.

You may configure your browser to notify you when you receive a cookie, and you may refuse to accept them. However, refusing cookies may limit some site functionality.

4. Updates

We may update this Privacy Policy from time to time, so please check back often to review the latest version. Following each update we will assume that you have familiarized yourself with the current version of our Privacy Policy and we will assume that we may collect, use and disclose your Personal Information in accordance with the updated Privacy Policy unless you advise us otherwise in writing.

This Privacy Policy was last updated on May 22, 2020.

5. Questions, Concerns and Complaints

If you have any questions, concerns or complaints about your Personal Information, or about the J&D Privacy Policy, please contact our Chief Privacy Officer using the contact information below: