(hereinafter referred to as « The AGENCY » or the « BROKER ») is governed by the Private Sector Privacy Act (RLRQ, c. P-39.1) (the Act).
Personal information is information about an individual that directly or indirectly allows their identification. Written documents, images, videos, and audio recordings may contain personal information. In the course of its professional activities, The AGENCY or the BROKER may collect personal information such as the name, home address, date of birth, identification document details, social insurance number, income information, marital status, and more.
The AGENCY or the BROKER collects, uses, and shares personal information with the consent of the individual concerned. To be valid, this consent must be clear, free, informed, and given for specific purposes. A person who consents to provide their personal information is presumed to consent to its use and sharing for the purposes for which it was collected.
Any person can withdraw their consent at any time for the collection, use, and sharing of their personal information by The AGENCY or the BROKER. In such a case, if the collection is necessary for the conclusion or execution of a contract by The AGENCY or the BROKER, they may not be able to comply with a service request.
The AGENCY or the BROKER only collects personal information necessary for its real estate brokerage activities. For example, this may include information collected for the purpose of completing a real estate transaction, maintaining records, monitoring professional practice by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), or any other purpose determined by The AGENCY or the BROKER and made known to the person whose consent is requested.
The AGENCY or the BROKER encourages its staff members to explain in simple and clear terms to the individuals concerned the reasons for collecting their personal information and to ensure their understanding.
For the purpose of collecting personal information, The AGENCY or the BROKER encourages its staff members to use standardized forms developed by the OACIQ.
The AGENCY or the BROKER may also collect personal information verbally during correspondence with individuals involved in a transaction or through various documents submitted as part of a real estate transaction (identification documents, financial documents, powers of attorney, etc.).
Personal information is used and shared for the purposes for which it was collected and with the consent of the individual concerned. In certain cases provided by law, personal information may be used for other purposes, such as fraud detection and prevention or providing a service to the individual concerned.
The AGENCY or the BROKER may be required to share personal information with third parties, such as suppliers, co-contractors, subcontractors, agents, insurers (such as the Fonds d'assurance responsabilité professionnelle du courtage immobilier du Québec [FARCIQ]), professionals, other regulators, or entities outside Quebec.
The AGENCY or the BROKER may, without the consent of the individual concerned, share personal information with a third party if such sharing is necessary for the execution of a mandate or service contract. In this case, The AGENCY or the BROKER establishes a written mandate or contract in which they specify the measures their agent must take to ensure the protection of the personal information entrusted to them, to ensure it is used only in the course of the mandate or contract, and to ensure its destruction after its conclusion. The co-contractor must also undertake to collaborate with The AGENCY or the BROKER in the event of a breach of the confidentiality of personal information.
Before sharing personal information outside Quebec, The AGENCY or the BROKER takes into account its sensitivity, the purpose of its use, and the protection measures it will receive outside Quebec. The AGENCY or the BROKER will only share personal information outside Quebec if their analysis demonstrates that it will receive adequate protection in the location where it is to be shared.
When the purposes for which personal information was collected or used have been accomplished, The AGENCY or the BROKER must destroy it, subject to a retention period provided by law. In this regard, the professional obligations of The AGENCY or the BROKER require them to retain their records for at least six (6) years following their definitive closure.
During the collection, use, retention, and destruction of personal information, The AGENCY or the BROKER applies the necessary security measures to protect the confidentiality of personal information. Specifically, the applicable measures are:
The BROKER must promptly return any document recovered in the course of their work to The AGENCY. No physical documents can be stored on the premises of the company, unless they are in a compartment or a secured area. The BROKER must immediately return any physical document to the client following its scanning. All scanned documents must be saved on The AGENCY's computer system, which is compliant and approved by the OACIQ, and only accessible to The AGENCY and the BROKER (protected by a password). The BROKER and The AGENCY will only share confidential information to the extent necessary for the performance of their functions (e.g., with the notary). Only share information with the public that is necessary and authorized by the client (e.g., information on the brokerage contract for the property description).
A confidentiality incident includes unauthorized access, use, communication of personal information contrary to the law, or the loss of personal information, or any other breach of personal information protection.
The AGENCY or the BROKER has established a protocol for managing a confidentiality incident, which identifies the individuals assisting the Personal Information Protection Officer and outlines concrete actions to be taken in the event of an incident. This protocol includes the expected responsibilities at each stage of incident management, including measures to ensure data security.
An individual (or their authorized representative) may request access to personal information about them held by The AGENCY or the BROKER. An individual may withdraw their consent to the collection, use, and communication of their personal information at any time. This withdrawal is then recorded in writing.
An individual may request correction of personal information in a record concerning them that they believe is inaccurate, incomplete, or ambiguous.
The AGENCY or the BROKER may refuse a request for access or rectification in cases provided for by the law.
An individual who believes they have been harmed can file a complaint regarding the processing of their personal information by The AGENCY or the BROKER. This complaint will be handled promptly within a maximum of 7 days by the Personal Information Protection Officer, and a written response will be provided.
To request access or rectification of your personal information or to submit a complaint regarding the processing of personal information, please communicate in writing with: Jessika Lovasco, agency leader, firstname.lastname@example.org.