Privacy Policy

Marc Capin, accredited real estate broker, DA (hereinafter "THE AGENCY" or the "BROKER") is governed by the Private Sector Privacy Act (RLRQ, c. P-39.1) (the Act). Personal Information Personal information is information about an individual that allows for their direct or indirect identification. Written documents, images, videos, and audio recordings may contain personal information. In the course of their professional activities, THE AGENCY or the BROKER may collect personal information such as name, home address, date of birth, identification details, social insurance number, income information, marital status, etc. Consent THE AGENCY or the BROKER collects, uses, and communicates personal information with the consent of the concerned individual. To be valid, this consent must be clear, free, informed, and given for specific purposes. The person who consents to provide their personal information is presumed to consent to its use and communication for the purposes for which it was collected. Any individual may withdraw their consent at any time to the collection, use, and communication of their personal information by THE AGENCY or the BROKER. In this case, if the collection is necessary for the conclusion or execution of the contract by THE AGENCY or the BROKER, it may not be able to accommodate a service request. Responsibility THE AGENCY or the BROKER is responsible for the protection of personal information held in the course of real estate brokerage activities. To this end, THE AGENCY or the BROKER has adopted a privacy policy as well as policies and practices governing the governance of personal information, with the aim of regulating the collection, use, communication, storage, and destruction of personal information. Collection of Personal Information THE AGENCY or the BROKER only collects personal information necessary for the conduct 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 AGENCY or the BROKER and brought to the attention of the person being asked for consent. THE AGENCY or the BROKER encourages its staff members to explain in simple and clear terms to the concerned person 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 in the course 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 concerned person. In some cases provided for by law, personal information may be used for other purposes, such as detecting and preventing fraud or providing a service to the concerned person. THE AGENCY or the BROKER may be required to disclose personal information to 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 outside Quebec. THE AGENCY or the BROKER may, without the consent of the concerned person, disclose personal information to a third party if such disclosure 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 specifying the measures that its agent must take to ensure the protection of the personal information entrusted to them, so that it is only used in the performance of the mandate or contract and is destroyed after its completion. The co-contractor must also commit to cooperating with THE AGENCY or the BROKER in the event of a breach of the confidentiality of personal information. Before disclosing personal information outside of Quebec, THE AGENCY or the BROKER takes into account its sensitivity, the purpose of its use, and the protective measures it will receive outside of Quebec. THE AGENCY or the BROKER will only disclose personal information outside of Quebec if its analysis demonstrates that it will receive adequate protection in the location to which it is being disclosed. Retention and Destruction of Personal Information When the purposes for which personal information was collected or used have been fulfilled, THE AGENCY or the BROKER must destroy it, subject to a retention period provided for by the Act. In this regard, the professional obligations of THE AGENCY or the BROKER require it to keep its records for at least six (6) years following their final closure. Security Measures When collecting, using, storing, and destroying personal information, THE AGENCY or the BROKER applies the necessary security measures to protect the confidentiality of personal information. Specifically, the following measures apply: Confidentiality Incident An incident of confidentiality is unauthorized access, use, or disclosure of personal information under the Act or the loss of personal information, or any other breach of the protection of personal information. THE AGENCY or the BROKER has established a confidentiality incident management protocol that identifies the individuals who assist the Personal Information Protection Officer and provides for 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. Roles and Responsibilities

1. THE AGENCY or the BROKER

  • Ensures the confidentiality of information through good information management practices. In particular, they provide directives, training, and instructions to staff members regarding the collection, use, storage, modification, consultation, communication, and authorized destruction of personal information.
  • Implements appropriate protection measures to reduce the risk of confidentiality incidents, such as computer security, updating policies related to personal information, staff training, etc.
  • Uses standardized methods for classifying documents containing personal information.
  • Employs standardized methods for storing documents containing personal information, including scanning procedures.
  • Manages physical and computer access to personal information, taking into account its sensitivity.
  • Ensures the secure destruction of personal information. In particular, they provide directives or instructions to staff members regarding the method of secure destruction, destruction deadlines, etc.

2. Personal Information Protection Officer

In accordance with the Act, THE AGENCY or the BROKER has appointed a Personal Information Protection Officer. They ensure that these policies are followed and comply with applicable regulations. The name and contact information of this person can be found in the "Access, Withdrawal, and Rectification Rights" section. The Personal Information Protection Officer manages confidentiality incidents and, in this context, takes actions as required by the Act. The Personal Information Protection Officer handles requests for access and rectification of personal information. They also address complaints regarding the handling of personal information by THE AGENCY or the BROKER. The Personal Information Protection Officer is consulted in the context of a privacy impact assessment for any project involving the acquisition, development, or redesign of an information system or electronic service delivery involving the collection, use, communication, storage, or destruction of personal information. They may suggest measures to ensure the protection of personal information in such a project.

3. Staff Members

A staff member of THE AGENCY or the BROKER may access personal information only to the extent necessary for the performance of their duties or mandate. A staff member of THE AGENCY or the BROKER:

  • Ensures the integrity and confidentiality of personal information held by THE AGENCY or the BROKER.
  • Complies with all policies and directives of THE AGENCY or the BROKER regarding access, collection, use, communication, destruction of personal information, and information security and follows the instructions presented to them.
  • Respects the security measures in place on their workstation and on any equipment containing personal information.
  • Uses only equipment and software authorized by THE AGENCY or the BROKER.
  • Ensures the secure destruction of personal information as instructed when the time comes. They immediately report to their supervisor any act they become aware of that may constitute an actual or presumed violation of the rules of personal information security.

Access, Withdrawal, and Rectification Rights 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 communication of their personal information at any time. This withdrawal is then recorded in writing. An individual may request correction, in a record concerning them, of personal information they believe to be inaccurate, incomplete, or ambiguous. THE AGENCY or the BROKER may refuse a request for access or rectification in cases provided for by the Act. Complaints An individual who believes they have been harmed can file a complaint regarding the handling of their personal information by THE AGENCY or the BROKER. This complaint will be processed promptly, within a maximum of 10 days, by the Personal Information Protection Officer, and a written response will be provided to you. To request access or rectification of your personal information or to submit a complaint regarding the handling of personal information, please contact: MARC CAPIN 514.904.4060