Privacy Policy
Équipe Radu et Audrey (hereinafter, the "BROKER") provides a secure web environment to its Internet users.
The BROKER is governed by the Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) (hereinafter, the "Act") and as such, the BROKER strives to maintain the highest standards of confidentiality with respect to personal information provided by its clients, suppliers, and other businesses in the course of its real estate brokerage activities, including but not limited to, through the BROKER's website (the "Website"), its social networks, its advertisements, as well as for the purposes of its Customer Relationship Management (CRM) and Electronic Document Management (EDM) systems in accordance with its obligations under the Act.
What is meant by "personal information"?
Personal information is information that concerns a natural person and allows, directly or indirectly, to identify them. A writing, an image, a video, and a sound recording may contain personal information. In the course of its professional activities, the BROKER may collect personal information such as name, home address, date of birth, identification document information, social insurance number, income information, marital status, etc.
The protection principles listed below apply to the collection, use, and transmission of personal information that Internet users may provide when using the Website.
1. Responsibility
The BROKER is responsible for protecting the personal information it holds in the course of carrying out real estate brokerage activities. To this end, the BROKER has adopted the privacy policy as well as policies and practices governing personal information, the objective of which is to regulate the collection, use, communication, retention, and destruction of personal information.
2. Collection of personal information
The BROKER collects only personal information necessary for the exercise of its activities in the field of real estate brokerage. 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 BROKER and brought to the attention of the person whose consent is requested.
The BROKER encourages members of its staff, team, or any administrative assistant, as the case may be, to explain in simple and clear terms to the person concerned the reasons for collecting their personal information and to ensure their understanding.
For the purposes of collecting personal information, the BROKER encourages members of its staff, team, or any administrative assistant, as the case may be, to use the standardized forms developed by the OACIQ.
The BROKER may also collect personal information verbally during correspondence with persons involved in a transaction or through various documents submitted in the context of a real estate transaction (identification documents, financial documents, powers of attorney, etc.).
3. 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 by law, 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 BROKER may be required to communicate personal information to third parties, for example, to suppliers, contracting parties, subcontractors, agents, insurers (such as the Fonds d'assurance responsabilité professionnelle du courtage immobilier du Québec [FARCIQ], the Fonds d'indemnisation du courtage immobilier du Québec [FICI]), professionals, financial or credit verification institutions, as well as to providers of electronic document management systems (EDM) and to other regulators, or outside Quebec.
The BROKER may, without the consent of the person concerned, communicate personal information to a third party if this communication is necessary for the execution of a mandate or a service or business contract. In this case, the BROKER establishes a written mandate or contract in which it indicates the measures that its agent must take to ensure the protection of the personal information entrusted to it, so that it is used only in the execution of the mandate or contract and that it is destroyed after its conclusion. The contracting party must also undertake to collaborate with the BROKER in the event of a breach of confidentiality of personal information.
Before communicating personal information outside Quebec, the BROKER takes into account its sensitivity, the purpose of its use, and the protective measures that this information will benefit from outside Quebec. The BROKER will only communicate personal information outside Quebec if its analysis shows that it will benefit from adequate protection in the place where it is to be communicated.
4. Retention and destruction of personal information
When the purposes for which the personal information was collected or used have been accomplished, the BROKER must destroy it, subject to a retention period provided for by the Act. In this regard, the BROKER's professional obligations require it to keep its records for at least six (6) years following their final closure.
5. Security measures
During the collection, use, retention, and destruction of personal information, the BROKER applies the necessary security measures to protect the confidentiality of personal information. The personal data collected will be stored particularly on servers and in electronic data management systems with mechanisms and using recognized standards for protection to ensure the security of personal information provided by its clients, suppliers, and other businesses in the course of its real estate brokerage activities, including but not limited to, through the Website, its social networks, its advertisements, as well as for the purposes of its Customer Relationship Management (CRM) and Electronic Document Management (EDM) systems in accordance with its obligations under the Act.
[Confidentiality Incident]
A confidentiality incident is access to, use of, communication of personal information not authorized by the Act or the loss of personal information or any other breach of the protection of personal information.
The BROKER has implemented a confidentiality incident management protocol in which the persons who assist the Personal Information Protection Officer are identified and which provides for concrete actions to be taken in the event of an incident. This protocol includes, in particular, the responsibilities expected at each stage of incident management, including measures to ensure data security.
6. Roles and responsibilities
A. [The BROKER, its staff, team members, or any administrative assistant, as the case may be]
- Ensures the confidentiality of information through good information management practices. In particular, it provides directives, training, and instructions to staff members regarding the collection, use, storage, modification, consultation, communication, and permitted destruction of personal information.
- Deploys adequate protection measures to reduce the risk of confidentiality incidents, for example, computer security, updating policies relating to personal information, training its staff, etc.
- Has standardized methods for classifying documents containing personal information.
- Has standardized methods for retaining documents containing personal information, particularly regarding the scanning procedure.
- Manages physical and computer access to personal information based in particular on its sensitivity.
- Carries out secure destruction of personal information. In particular, it provides directives or instructions to staff members regarding the method of secure destruction, destruction deadlines, etc.
B. [Personal Information Protection Officer]
In accordance with the Act, the BROKER is the Personal Information Protection Officer.
He ensures, in particular, that these policies are respected and that they comply with applicable regulations. The name and contact information of this person are included in the "Complaints" section.
The BROKER manages confidentiality incidents and, in this context, takes actions provided for by the Act.
The BROKER processes requests for access to and rectification of personal information. It also handles complaints regarding the processing of personal information by the BROKER.
The BROKER establishes privacy factors for any project involving the acquisition, development, and redesign of an information system or electronic service delivery involving the collection, use, communication, retention, or destruction of personal information. It may suggest measures to ensure the protection of personal information in the context of such a project.
C. [Staff members, team members, or any administrative assistant]
A staff member, team member, or any administrative assistant of the BROKER may take note of personal information only to the extent that this is essential to the performance of their duties or mandate.
The staff member, team member, or any administrative assistant of the BROKER:
- Ensures the integrity and confidentiality of personal information held by the BROKER.
- Complies with all BROKER policies and directives on access, collection, use, communication, destruction of personal information, and information security and respects the instructions presented to them.
- Respects the security measures put in place on their workstation and on any equipment containing personal information.
- Uses only equipment and software authorized by the BROKER.
- Ensures, when the time comes, the secure destruction of personal information in accordance with the instructions received. Immediately reports to their superior any act, of which they have knowledge, that may constitute an actual or presumed violation of security rules relating to personal information.
7. Right of access, withdrawal, and rectification
A person (or their authorized representative) may request access to personal information concerning them held by the BROKER. A person may withdraw their consent to the collection, use, and communication of their personal information at any time. This withdrawal is then recorded in writing.
A person may request to correct, in a file concerning them, personal information that they consider inaccurate, incomplete, or ambiguous.
A person may request to transfer to a third party, electronically, the personal data that the BROKER holds about them.
The BROKER may refuse a request for access or rectification in cases provided for by the Act (https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-39.1).
8. Complaints
A person who considers themselves wronged may make a complaint regarding the processing of their personal information by the BROKER. This complaint will be handled diligently within a maximum period of 30 days by the BROKER and a written response will be sent to you.
To make a request for access, rectification of your personal information, or any other request to which you are entitled, as well as to submit a complaint regarding the processing of personal information, please contact:
Équipe Radu et Audrey
Radu Gartu and Audrey Giguère
1280 Bernard Ave O. bureau 100,
Outremont, Quebec H2V 1V9, Canada
514-272-1010