Privacy Policy, Practices & Procedures
Canadian Independent Realty

A. DEFINITIONS

• a) “Act” means the Personal Information Protection Act of Alberta.
• b) “Code” means the Canadian Real Estate Association Privacy Code.
• c) “CIR” means CIR Realty.
• d) “Commissioner” means the Information and Privacy Commissioner appointed under the Freedom of Information and Protection of Privacy Act of Alberta.
• e) “complainant” means an individual who lodges a complaint with CIR.
• f) “disclosure” means showing, telling, sending, or giving Personal Information to some other individual, organization, or the public. It does not include use of the information within CIR.
• g) “employee” means an individual employed by CIR and includes an individual who performs a service for or in relation to or in connection with CIR.
• h) “realtors” means realtors directly or indirectly associated with CIR along with individuals associated with those realtors.
• i) “Personal Information” means information about an identifiable individual.
• j) “Privacy Officer” means the person identified in Appendix A.
• k) “PIPA” means the Personal Information Protection Act of Alberta.
• l) “policy” means this document.

B. INTRODUCTION

• 1) CIR Realty is committed to the protection of your Personal Information in accordance with the Act and this policy. This policy is intended to help you understand why and how CIR may collect, use, disclose, and safeguard your information.
• 2) CIR 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 agents associated with CIR must sign an acknowledgement that they will comply with the Code.
• 3) In this policy, unless stated otherwise, “including” or any derivation thereof, means “including, without limitation”.
• 4) CIR has sole discretion to interpret, administer, and apply this document. CIR may change it at any time, including to reflect new legal requirements or business considerations.

C. CONSENT - COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION

• 5) CIR collects, uses, or discloses Personal Information as part of providing real estate services and operating a brokerage.
• 6) Except where applicable legislation allows otherwise, CIR will not collect, use, or disclose Personal Information about an individual without that individual’s consent.
• 7) When obtaining consent, CIR will take reasonable steps to ensure the individual is informed of the purposes for which Personal Information is being collected. CIR will only use or disclose this Personal Information as is reasonably necessary to fulfil those purposes.
• 8) In some circumstances, including when reasonable or as permitted by legislation, CIR may collect, use, or disclose Personal Information without consent of the individual. For example, circumstances including legal, medical, or security reasons.
• 9) CIR will not, as a condition of supplying a service or product, require an individual to consent to the collection, use, or disclosure of Personal Information beyond what is necessary to provide the product or service.
• 10) An individual may withdraw or change consent by giving CIR reasonable notice unless this results in changing or frustrating a legal obligation between CIR and the individual. When CIR receives the notice, CIR will inform the individual of likely consequences, if any, of changing or withdrawing consent unless those consequences are obvious.

D. COLLECTION, USE, AND DISCLOSURE OF EMPLOYEE INFORMATION

• 11) In this policy, “Employee Personal Information” means Personal Information about an individual who is a potential, current or former Employee of CIR and is reasonably required by CIR for establishing, managing, or terminating an employment or managing a postemployment relationship, but does not include Personal Information about the individual that is unrelated to that relationship.
• 12) When reasonable in the circumstances, CIR may collect, use or disclose Employee Personal Information without the consent of the individual only for the purposes of establishing, managing or terminating an employment relationship or managing a post-employment relationship. In the case of a current Employee, CIR may collect, use or disclose Employee Personal Information without consent only if CIR has first provided the Employee with reasonable notification of the purposes for which the information is to be collected, used or disclosed.
• 13) CIR may also disclose Employee Personal Information about current or former Employees without consent to a potential or current employer if the disclosure is reasonable for the purpose of assisting that employer to determine eligibility or suitability for a position with a new employer.

E. PRIVACY OFFICER – DUTIES AND OBLIGATIONS

• 14) CIR has a designated Privacy Officer who is responsible for establishing policies, investigating complaints or privacy breaches, breach notification, and ensuring CIR’s compliance with applicable privacy legislation.
• 15) The contact information of the Privacy Officer is included in Appendix “A” to this policy and will be updated from time to time as needed.
• 16) The Privacy Officer is responsible for ensuring that employees and realtors comply with this policy to the extent required by PIPA.

F. PROTECTION AND NOTIFICATION OF BREACH

• 17) CIR protects Personal Information entrusted to it by making reasonable security arrangements intended to protect against risks including unauthorized access, theft, loss of information, or copying.
• 18) In the event CIR becomes aware of unauthorized access, use, or disclosure of Personal Information (a “Breach”), and this Breach may reasonably result in a real risk of significant harm to an individual then CIR will notify affected individuals as well as the appropriate authority without unreasonable delay.

G. RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

• 19) CIR strives to keep Personal Information only as long as it remains necessary, reasonable, or relevant to do so. CIR uses reasonable guidelines to regularly assess whether continuing retention of Personal Information is necessary.
• 20) Once retention of Personal Information is no longer required, CIR will erase, delete, destroy, or anonymize the Personal Information as necessary.

H. ACCESS AND CORRECTION OF PERSONAL INFORMATION

• 21) An individual may request access to:
  • a. That individual’s Personal Information;
  • b. The use or disclosure of that individual’s Personal Information; or
  • c. This policy.
By sending a written request to the Privacy Officer.
• 22) CIR will provide Personal Information to the person to whom it relates upon receipt of a written request. Personal Information will be provided within a reasonable time and at a reasonable cost to the individual.
• 23) CIR may refuse access to Personal Information. Reasons for refusing access may include those permissible under PIPA or any other reasonable concern CIR may have about disclosing Personal Information. In the event access is refused, CIR will provide reasons for denying access to Personal Information.
• 24) Upon receipt of a written request by an individual, CIR will correct an error or omission in the Personal Information in CIR’s custody as it pertains to that individual.

I. SERVICE PROVIDER OUTSIDE OF CANADA

• 25) CIR may use a service provider outside Canada to collect, use, disclose, or store the Personal Information of an individual. Where CIR uses a service provider outside of Canada, the purpose and location of the collection, use, disclosure, or storage of Personal Information is noted below:
  • a. For the purposes of electronic communication (such as emails) with individuals, employees, businesses, or realtors, CIR may store Personal Information about an individual outside of Canada. Countries that data may be stored include the United States and the countries of the European Union.

J. PROCEDURE FOR HANDLING COMPLAINTS

• 26) If an individual believes that CIR has not complied with this policy, they have the right to make a written complaint to CIR about the concern. CIR will investigate, respond, and attempt to resolve the matter.
• 27) A formal request or complaint about CIR’s compliance with this policy or PIPA may be made to the Privacy Officer. The request or complaint must be in writing, and a response in writing will be provided within 45 days of receipt.
• 28) An individual has the right to make a complaint to the Commissioner. CIR encourages individuals to contact CIR directly with any concerns so that CIR may investigate and attempt to resolve the issue.
• 29) CIR may provide assistance to a complainant to ensure that the complainant is able to fully engage with CIR’s investigation and response to the complaint.
• 30) CIR may decide not to investigate a complaint if the complaint:
  • b. Relates to a concern, act, or practice which CIR cannot reasonably investigate because of the passage of time since the concern, act, or practice occurred;
  • c. Does not contain or refer to a possible breach of the privacy of an individual;
  • d. Is trivial, vexatious, or is believed to have been made in bad faith;
  • e. Relates to anything which is subject to court proceedings that are ongoing, or forthcoming.
• 31) Where CIR proceeds with an investigation, CIR will respond to a complainant in a reasonable amount of time. Where CIR determines that a complaint is justified, CIR will take appropriate steps to resolve the issues which led to the complaint. These steps may include, if necessary, amending this policy or other procedures of CIR.
• 32) A complainant must be willing and able to provide upon request by CIR:
  • f. Details of how the complaint arose;
  • g. Identification of any Personal Information which may be relevant;
  • h. Copies of relevant documentation; and
  • i. Reasons why the complainant believes their privacy may have been breached.
• 33) Where CIR proceeds with an investigation in response to a complaint, CIR will inform the complainant of the outcome.

K. FEES

• 34) CIR may apply a reasonable fee to a request for access to Personal Information. An estimate of the fee, if applicable, will be provided upon request.
• 35) There is no fee for a request to correct an error or omission in an individual’s Personal Information.

L. QUESTIONS

• 36) Please Contact our Privacy Officer, details for whom are attached as Appendix A, for more information.

APPENDIX A – DETAILS OF PRIVACY OFFICER

Title: Privacy Officer
Name: David Anderson
Phone: 403-291-4440
Email: cirbroker@cirrealty.ca