The Policy applies to all personal information collected, used or disclosed by Daniels and City Life Realty Ltd. (“City Life”), in the course of conducting business. City Life is a division of Daniels and operates as a realtor to facilitate the purchase and sale of units in Daniels’ communities. Where a purchaser registers to purchase a unit in a Daniels community at a sales office rather than through Daniels’ website, it is City Life that collects and uses the purchaser’s personal information for the purposes of facilitating the purchase and sale of the unit. References in this Policy to “Daniels” or the “Company” include a reference to City Life where applicable.
The Policy does not apply to personal information about Daniels’ employees that is collected, used or disclosed for the purposes of managing the employment relationship.
The Personal Information Protection and Electronic Documents Act (“PIPEDA”) defines “personal information” as information about an identifiable individual.
Personal information is broadly defined and includes, but is not limited to the following information that Daniels may collect, use and disclose:
|Age||Cellular telephone number|
|Date of birth||Employment history|
|Home phone number||Mortgage information|
|Home address/email address||Personal income|
|Gender Identity||Banking information|
|Driver’s license number||Social Insurance Number (only where required for tax purposes)|
|Credit card information|
There are ten principles under PIPEDA that organizations must follow when handling personal information in the course of doing business. These ten principles are summarized below and Daniels’ practices for complying with these principles are detailed in this Policy.
Daniels collects personal information necessary to facilitate the purchase and sale of a property. This information includes contact information, purchaser preferences, financial information and purchaser information, as required by the Agreement of Purchase and Sale (“APS”) and by Financial Transactions and Reports Analysis of Canada (“FINTRAC”).
Daniels also collects and uses personal information to assist with marketing efforts and to improve its customer service. This information is referred as Optional Information and is described in more detail below.
PERSONAL INFORMATION NECESSARY TO FACILITATE PURCHASE AND SALE
Contact information is collected by Daniels’ sales representatives in project sales offices, or on Daniels’ website, should the purchaser register online. The contact information collected includes:
The purpose of collecting this contact information is to allow Daniels to contact purchasers regarding its projects. Once an APS has been signed by a purchaser, contact information is inputted into Daniels secure electronic database where different departments at Daniels have access should they need to contact the purchaser.
Important notifications are sent through postal mail to the purchaser’s provided address, as well as to their email account. The provided email address will also be used for correspondence between Daniels and the purchaser, should inquires arise. Telephone numbers on record will be used by various departments to contact purchasers directly (e.g. by the Customer Care team to schedule a Pre-Delivery Inspection (“PDI”) appointment).
At the time of registration, information regarding the purchaser’s preferences is collected to assist Daniels in identifying a unit that would meet the purchaser’s needs and preferences. For example, information is collected about the purchaser’s price range, square footage of unit desired, number of bedrooms etc.
Financial information is collected by Daniels during the transaction process for the purposes of facilitating the purchase and sale of the unit. The financial information Daniels collects is as follows:
Purchaser information is collected by Daniels at the time of purchase and sale of a unit.
FINTRAC is used to deter money-laundering activities, and a FINTRAC form must be completed by law on the sale of property. As part of the FINTRAC form, Daniels requires a purchaser to disclose the following information:
In addition to the FINTRAC form, Daniels requires the information below for the APS:
Daniels requires the purchaser’s lawyer information during the ten-day firm up period and will use this information to coordinate the closing of the sale of the unit. If a broker was used, the broker’s information is obtained at the time of sale, and is used in Daniels’ broker referral program to pay commission.
If any interest is payable on a purchaser’s deposit monies, collection of a purchaser’s SIN will be required in order to issue a T5. In such circumstances, the SIN will be collected by Daniels’ legal counsel at the time of sale.
Daniels collects personal information directly from purchasers when they contact Daniels to make inquiries about the unit they are purchasing/have purchased and/or to communicate preferences regarding the finishings/décor of the unit. This information is used to provide customer service and ensure purchaser preferences are accommodated, where possible.
OPTIONAL PERSONAL INFORMATION NOT REQUIRED TO FACILITATE PURCHASE AND SALE
At the time of registration and during the purchase and sale of a unit, Daniels requests certain personal information that is not required to facilitate the transaction and/or requests permission to use certain personal information for purposes other than to facilitate the transaction (“Optional Information”). This Optional Information includes the following:
At the time of registration Daniels requests certain personal information, some of this information is used to assist Daniels in identifying a unit that would meet the purchaser’s needs (explained above) and some is used to assist Daniels with its marketing efforts. This information includes the following:
At the time of registration, Daniels expressly asks whether the purchaser consents to receiving promotional materials from the Daniels marketing team. The purchaser is free to consent or not and even if he/she does consent, such consent may be rescinded at any point in the future by using the opt-out option that is included at the bottom of all Daniels’ marketing email communications. A purchaser’s decision not to consent to the receipt of marketing emails or to withdraw such consent will not impact the purchaser’s ability to proceed with the purchase and sale of a unit in a Daniels community.
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the purchaser, unless consent is not legally required in the circumstances or as may be required by law. Daniels may disclose personal information to the following entities for the following purposes:
Daniels will obtain consent prior to the collection, use or disclosure of personal information unless such consent is not required by law. At the time the purchaser provides consent, Daniels will make reasonable efforts to ensure a purchaser is informed of the purpose(s) for which a purchaser’s personal information is being collected, used and/or disclosed. When personal information that has been collected is to be used or disclosed for a new unidentified purpose, Daniels will identify the new purpose either orally or in writing and will seek consent prior to using or disclosing the personal information for this new purpose, unless not required to do so by law. Purchasers have the right to withdraw consent at any time, except where doing so is contrary to legal or contractual restrictions. Where consent is withdrawn Daniels will inform the purchaser of the consequences of such withdrawal.
Daniels seeks express consent to collect, use and disclose personal information at various stages of the process for the purchase and sale of a unit in a Daniels community. Specifically, the registration form seeks the purchaser’s express consent for the use of the personal information provided to facilitate the sale of a unit for which the purchaser is registering. Similarly, if a purchaser enters into an APS with Daniels, the APS requires express consent to the collection, use and disclosure of the personal information to facilitate the purchase and sale of the unit and for other purposes identified in the APS.
Implied consent may be inferred by Daniels where the purpose of collecting, using or disclosing the personal information is obvious and the purchaser voluntarily provides personal information for this purpose. For example, where a purchaser contacts Daniels to make inquiries or communicate preferences regarding the extras or upgrades to their unit, Daniels implies consent to satisfy those inquiries or preferences.
Currently, Daniels stores personal information in both hardcopy and electronic formats. However, Daniels is eliminating its use of hardcopy files and personal information for new projects is stored exclusively in an electronic format.
Daniels employs administrative, technical and physical safeguards intended to protect against the loss, misuse, unauthorized access, or disclosure of personal information. Although Daniels takes such precautions seriously, it is not possible for Daniels to guarantee the safety and security of personal information.
Personal information is retained only as long as necessary to fulfill the purpose for which it was collected. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. Personal Information that is the subject of a request for access under the PIPEDA shall be retained as long as necessary to allow the individual time to exhaust all recourse under PIPEDA.
At the conclusion of the applicable retention period, paper and electronic files are securely destroyed such that personal information cannot be recovered or reconstructed.
Requests to Access and/or Correct Personal Information
Upon request, Daniels will inform an individual of the existence of personal information the Company holds about the individual and the circumstances in which the individual’s personal information was used and/or disclosed including the identity of any third parties to whom it was disclosed. Subject to limited exceptions as provided for under PIPEDA and upon request, Daniels will provide an individual with access to his/her personal information. Personal information that is the subject of a request for access under the PIPEDA shall be retained as long as necessary to allow the individual time to exhaust all recourse under PIPEDA.
An individual may request that Daniels correct inaccurate or incomplete personal information by contacting the Compliance Officer. When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, where it is able to do so, Daniels shall make the necessary correction or if the information is located in records received from third parties, appropriately notify the third party of the existence of the inaccuracy.
All requests under this section of the Policy must be made in writing to the Compliance Officer and must be sufficiently detailed to enable Daniels to understand and respond to the request.
Daniels will respond to requests under this section of the Policy within thirty (30) business days or such shorter time as may be required by law. If Daniels is unable to respond within thirty (30) days it will provide a written notice of an extension of the timeline for responding.
Where a request made under this section of the Policy is refused in full or in part, Daniels will notify the individual in writing and will provide the reasons for refusal as well as any recourse that may be available to the individual. Where an individual’s request to correct personal information is denied, Daniels will maintain a record of the request and denial.
Complaints or concerns regarding Daniels’ compliance with this Policy or with applicable privacy laws should be made in writing to the Compliance Officer.
Privacy complaints will be directed to the Compliance Officer who will follow the process below:
Should the complainant be unsatisfied the manner in which their complaint is addressed, the complainant may escalate the matter by contacting the Office of the Privacy Commissioner of Canada.
The Office of the Privacy Commissioner of Canada can be contacted by:
Daniels’ Compliance Officer is responsible for compliance with PIPEDA including, implementing the Policy and other practices and procedures to protect personal information.
In addition, Daniels’ Compliance Officer is responsible for:
a) responding to complaints, requests for access to or correction of personal information and inquiries regarding the Policy and Daniels’ privacy information management practices more generally;
b) training staff and communicating to staff information about the Policy and Daniels’ practices and procedures for protecting personal information; an
c) amending the Policy as necessary to comply with changes to the law and developing/amending other information as necessary to explain Daniels’ practices and procedures to protect personal information.
Daniels’ Compliance Officer is Carol Krasovskis.
All inquiries and complaints regarding the Policy or Daniels’ practices and procedures for handling personal information may be directed to Carol Krasovskis at:
This Statement has been adopted by Daniels as of May 7, 2021.