Last Modified: September 22, 2023
Les Courtiers ENNA Ltée (hereinafter the “AGENCY”) is governed by the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) (“the Act”).
Personal information is any information which relates to a natural person and allows that person, directly or indirectly, to be identified. In the course of its professional activities, the AGENCY may collect personal information such as the name, home address, date of birth, identification document information, social insurance number, income information, marital status, etc.
The AGENCY may collect, use and communicate personal information with the consent of the person concerned. To be valid, consent must be manifest, free, enlightened and given for specific purposes. The person who consents to provide his/her personal information is presumed to consent to its use and communication for the purposes for which it was collected.
Any person may at any time withdraw his/her consent to the collection, use, and communication of his/her personal information by the AGENCY. In such cases, if the collection is necessary for the conclusion or performance of the contract by the AGENCY, the AGENCY may not be able to fulfil a request for service.
Collection of personal information
The AGENCY collects only such personal information as is necessary to carry out its real estate brokerage activities. For example, this information may be collected for the purposes of carrying out a real estate transaction, record keeping, monitoring of professional practices by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), or any other purpose determined by the AGENCY and made known to the person whose consent is being sought.
The AGENCY encourages its staff members to explain in simple and clear terms to the person concerned the reasons for the collection of personal information and to make sure these reasons are understood.
For the purpose of collecting personal information, the AGENCY encourages staff members to use the standardized forms developed by the OACIQ.
The AGENCY may also collect personal information verbally in the course of correspondence with persons involved in a transaction, or through various documents submitted for the completion of a real estate transaction (identification documents, financial documents, powers of attorney, etc.).
Use and communication of personal information
Personal information is used and communicated for the purposes for which it was collected and with the consent of the person concerned. In certain cases provided for under the Act, personal information may be used for other purposes, for example to detect and prevent fraud or to provide a service to the person concerned.
The AGENCY may be required to communicate personal information to third parties, including suppliers, co-contractors, sub-contractors, mandataries, insurers (such as the Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec [FARCIQ]), professionals, other regulators, or parties outside Québec.
Retention and destruction of personal information
Once the purposes for which the personal information was collected or used have been fulfilled, the AGENCY must destroy the information, subject to a retention period stipulated under the Act. As stipulated in their professional obligations, the AGENCY must retain records for at least six (6) years following the final closing of a file.
When collecting, using, retaining and destroying personal information, the AGENCY applies the necessary security measures to protect the confidentiality of the information.
Roles and responsibilities
1. The AGENCY
- Ensures the confidentiality of the information through good information management practices. In particular, it provides guidelines, training, and instructions to staff members regarding the authorized collection, use, storage, modification, consultation, communication, and destruction of personal information.
- Implements appropriate protection measures to reduce the risk of confidentiality incidents, such as computer security, updating of policies relating to personal information, staff training, etc.
- Manages physical and computer access to personal information, based among other things on its sensitivity.
- Ensures the secure destruction of personal information. More specifically, it provides guidelines or instructions to staff members concerning secure destruction methods, timeframes for destruction, etc.
2. Person in charge of the protection of personal information
In accordance with the Act, the AGENCY has appointed a Person in charge of the protection of personal information. This person is responsible, among other things, for ensuring that the policies are enforced and that they comply with applicable regulations. The name and contact details of this person can be found in the section “Right of access, withdrawal and rectification.”
The Person in charge of the protection of personal information is responsible for managing confidentiality incidents and, in this context, takes action as provided for under the Act.
3. Staff members
Staff members of the AGENCY may access personal information only to the extent necessary for the performance of their duties or mandates.
The staff member of the AGENCY:
- Ensures the integrity and confidentiality of all personal information held by the AGENCY.
- Complies with all policies and guidelines of the AGENCY regarding access, collection, use, communication and destruction of personal information as well as information security, and complies with all instructions received.
- Ensures, when appropriate, the secure destruction of personal information in accordance with the instructions received. Immediately reports to his superior any act of which he is aware that may constitute an actual or suspected breach of security rules relating to personal information.
Right of access, withdrawal and rectification
A person (or his/her authorized representative) may request access to his/her personal information held by the AGENCY. A person may withdraw consent to the collection, use and communication of personal information. Such withdrawal is recorded in writing.
A person may request the correction of personal information in a file concerning him/her that he/she believes to be inaccurate, incomplete, or unclear.
The AGENCY may refuse a request for access or rectification in the cases provided for under the Act.
Requests and/or Complaints
To request access to or rectification of your personal information or to file a complaint regarding the handling of personal information, please contact: Angelo Marguglio at 514-384-3400 or firstname.lastname@example.org.
Changes to this Notice
We recognize that information privacy is an ongoing responsibility. For this reason, we may, from time to time, make changes to this Notice. The “Last Modified” date at the top of this page indicates when this Notice was last revised. Any changes to this Notice will become effective when we post a revised version of this Notice on this page unless otherwise specified. We encourage you to visit this page frequently to stay informed of any changes to this Notice.