Privacy Policy

REMAX du Cartier G.B. (hereafter referred to as “THE AGENCY” or “THE BROKER”) is governed by the Act Respecting the Protection of Personal Information in the Private Sector (CQLR, c. P-39.1) (the Act).

Personal Information

Personal information refers to information about an individual which allows their identification, directly or indirectly. Writings, images, videos, and sound recordings can contain personal information. In its professional activities, THE AGENCY or THE BROKER may collect personal details such as name, home address, date of birth, ID details, social insurance number, income details, marital status, etc.

Consent

THE AGENCY or THE BROKER collects, uses, and discloses personal information with the concerned individual’s consent. For the consent to be valid, it must be explicit, voluntary, informed, and given for specific purposes. Individuals providing their personal details are assumed to consent to their use and disclosure for the purposes for which they were collected.

Anyone can withdraw their consent to the collection, use, and disclosure of their personal information by THE AGENCY or THE BROKER at any time. In such cases, if the collection is essential to a contract’s conclusion or execution by THE AGENCY or THE BROKER, they might not be able to fulfill a service request.

Responsibility

THE AGENCY or THE BROKER is responsible for the protection of personal information held in the context of their real estate brokerage activities. To this end, they have adopted a privacy policy and other practices to manage personal information, aiming to oversee the collection, use, disclosure, storage, and destruction of personal information.

Collection of Personal Information

THE AGENCY or THE BROKER only collects personal information necessary for its activities in real estate brokerage. For instance, it might involve details collected for a real estate transaction, record-keeping, professional practice monitoring by the Authority of Real Estate Brokerage in Quebec (OACIQ), or any other purpose specified by THE AGENCY or THE BROKER and communicated to the individual whose consent is sought.

THE AGENCY or THE BROKER encourages staff members to explain, in simple and clear terms, the reasons for collecting someone’s personal information and ensuring their understanding.

For collecting personal information, THE AGENCY or THE BROKER encourages staff to use standardized forms developed by the OACIQ.

THE AGENCY or THE BROKER might also collect personal information verbally during correspondences with individuals involved in a transaction or through various documents submitted as part of a real estate transaction (identification, financial documents, proxies, etc.).

Use and Disclosure of Personal Information

Personal information is used and disclosed for the purposes it was collected and with the consent of the concerned individual. In specific instances, as allowed by the law, personal information might be used for other purposes, like detecting and preventing fraud or providing services to the individual.

THE AGENCY or THE BROKER may need to disclose personal information to third parties, such as suppliers, contractors, subcontractors, agents, insurers (like the Real Estate Brokerage’s Professional Liability Insurance Fund of Quebec [FARCIQ]), professionals, other regulators, or outside Quebec.

In specific situations, THE AGENCY or THE BROKER can disclose personal information to a third party without the individual’s consent if the disclosure is necessary for fulfilling a service or business contract mandate. In such cases, THE AGENCY or THE BROKER establishes a written mandate or contract specifying measures its agent should take to protect the personal information, ensuring it’s used only for the mandate or contract’s purpose and is destroyed afterward. The contracting party must also agree to cooperate with THE AGENCY or THE BROKER in case of a breach of personal information confidentiality.

Before disclosing personal information outside Quebec, THE AGENCY or THE BROKER considers its sensitivity, its intended use, and protection measures in the location it’s being disclosed to. They will only disclose the information outside Quebec if their analysis shows that the information will be adequately protected.

Retention and Destruction of Personal Information

Once the purposes for which personal information was collected or used have been achieved, THE AGENCY or THE BROKER must destroy it, subject to any retention period specified by the Act. In this regard, THE AGENCY or THE BROKER’s professional obligations require them to retain records for at least six (6) years following their definitive closure.

Security Measures

When collecting, using, storing, and destroying personal information, THE AGENCY or THE BROKER applies the necessary security measures to protect its confidentiality. Specifically, the following measures apply:

• Only authorized personnel can access areas where personal information is stored, whether in physical or digital storage.
• All employees undergo training on the secure processing of personal information and related legal obligations.
• Access rights to personal information are regularly reviewed to ensure they’re still necessary.
• Audits are conducted to ensure security measures are being followed.
• A protocol exists for prompt responses in case of data security breaches, including notifying affected individuals and the appropriate regulatory authorities.

Confidentiality Incident

A confidentiality incident is any unauthorized access, use, disclosure, loss, or other breaches of protection of personal information as per the Act.

THE AGENCY or THE BROKER has established a confidentiality incident management protocol that identifies people assisting the Data Protection Officer and outlines specific actions to take in case of an incident. This protocol specifies expected responsibilities at every stage of incident management, including measures

Right to Access, Withdrawal, and Rectification

An individual (or their authorized representative) may request access to their personal information 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.

An individual can request corrections to personal information they consider inaccurate, incomplete, or ambiguous in a file related to them.

The AGENCY or BROKER may refuse a request for access or correction as provided by law.

Complaints

An individual who feels wronged may file a complaint regarding the processing of their personal information by the AGENCY or the BROKER. This complaint will be diligently addressed within a maximum period of 30 days by the Personal Information Protection Officer, and a written response will be provided.

When a complaint regarding data confidentiality is sent to [email protected], an acknowledgment of receipt is issued promptly to inform the complainant that their complaint is being processed. The person in charge of the file then conducts a swift evaluation of the complaint and initiates a review of the situation. The complainant is kept informed of the progress of their complaint and the corrective measures taken, all as quickly as possible. Each step of the process is rigorously documented to ensure transparency and compliance. The file is considered closed when the complainant is satisfied, and an internal summary is drafted for future documentation.

To request access or rectification of your personal information or to file a complaint regarding the processing of personal information, please contact:

Contact: Josiane Pepin, Lawyer and Agency Director
Phone: 514.271.9895 extension 2310
[email protected]

CONFIDENTIALITY NOTICE (E-MAIL) E-mail messages may contain privileged or confidential information. If you are not the intended recipient of a communication or if you receive one in error, please notify the sender and destroy the message without copying or disclosing its contents.

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