Personal Information Protection Policy

Last modification: [August 15 2018]

1. INTRODUCTION

This Personal Information Protection Policy (the “Policy”) of 9364-3559 Québec inc. (“Immoproof.ca”), owner and operator of the websites accessible at www.immoproof.ca (the “Platform”), is modelled after the principles set out in the national standard of Canada entitled “Model Code for the Protection of Personal Information” (CAN/CSA-Q830-96).

Nothing in this Personal Information Protection Policy (the “Policy”) has the effect of creating obligations for Immoproof.ca beyond those imposed by applicable laws and regulations pertaining to the protection of personal information.

Immoproof.ca recommends that you read this Policy carefully and review it periodically, as it may be subject to change from time to time.

In this Policy, “Personal Information” means any information which relates to a natural person and allows that person to be identified, and “Individual” or “you” refers to you as a customer, customer representative, service provider or employee of Immoproof.ca, or user of the Platform or any of the potentially contaminated soil tracking services (“Report”) offered through the Platform (the “Services”).

By using the Platform or the Services, you accept, without limitation or qualification, the terms and conditions of this Policy and all other rules, terms, conditions and policies posted on the Platform, including without limitation the Terms of Service [provide hyperlink]. If you do not accept the terms and conditions of the Policy and Terms of Service, please stop using the Platform and Services immediately.

2. ACCOUNTABILITY

Immoproof.ca has designated an individual or individuals accountable for Immoproof.ca’s compliance with the following Policy. The responsibility for ensuring Immoproof.ca’s compliance with this Policy rests with the person(s) designated by Immoproof.ca, even though other persons at Immoproof.ca may be responsible for the day-to-day collection and processing of Personal Information. Other persons at Immoproof.ca may also act on behalf of the person(s) designated by Immoproof.ca.

The identity of the person(s) designated by Immoproof.ca to ensure compliance with the Policy by Immoproof.ca will be disclosed upon request, if such identity is not specified in this Policy.

3. PURPOSES

The purposes for which Personal Information is collected will generally be identified by Immoproof.ca at or before the time the Personal Information is collected.

Depending upon the way in which the Personal Information is collected, this can be done orally or in writing. An online application form or notes related thereto, for example, may give notice of such purposes.

Immoproof.ca may collect your Personal Information for the following purposes:
Providing you a Report, invoice or receipt;
Receiving payment from you;
Providing, maintaining, personalizing and improving the Services;
Allowing Immoproof.ca to perform internal operations in relation to its Services;
Sending or facilitating communications between Immoproof.ca and you in relation to the Services.

Immoproof.ca will obtain your consent before using Personal Information for purposes other than those that have been predetermined, unless those new purposes are provided for by law or regulation.

Upon request, Immoproof.ca will explain to you the purposes for which your Personal Information is collected.

4. CONSENT

Your knowledge and consent are required for the collection, use or disclosure of Personal Information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.)

Your consent to the collection, use or disclosure of your Personal Information must be manifest, free and enlightened. Such consent will be valid only for the length of time needed to achieve the purposes for which it was requested.

Typically, Immoproof.ca will seek consent for the use or disclosure of the Personal Information at or before the time of collection.

To make the consent meaningful, the purposes for which the Personal Information will be used will be stated in such a manner that you can reasonably understand how the Personal Information may be used or disclosed.

Immoproof.ca will not, as a condition of the supply of a product or service, require your consent to the collection, use or disclosure of Personal Information beyond that required to fulfil the purposes.

The way in which Immoproof.ca seeks consent may vary, depending on the circumstances and the type of Personal Information collected. Immoproof.ca will generally seek express consent when the Personal Information is likely to be considered sensitive. Implied consent may generally be appropriate when the Personal Information is less sensitive. Consent can also be given by an authorized representative. Consent will not be obtained through deception.

You can give consent in many ways. For example:

an online application form may be used to seek consent, collect Personal Information and inform you of the use that will be made of the Personal Information. By completing and sending the form, you are giving consent to the collection and the specified uses;
a checkbox may be used to allow you to expressly agree that your name and address be given to other organizations;

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.

5. LIMITED COLLECTION

The collection of Personal Information will be limited to that which is necessary for the purposes identified by Immoproof.ca. Information will be collected by fair and lawful means.

Personal Information collected may include, but is not limited to, your first and last name, your language, your postal and email address, your telephone number and information about your credit card (for payment purposes only).

We could also log information collected through cookies and other tracking technology in order to collect information about your browsing behavior when you visit the Platform, such as your page views, IP address, length of visits on the Platform, etc. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to reject cookies. If you set your browser to reject cookies, parts of the Platform and/or Services may however not be accessible to you.

The Platform may contain links to third-party websites, which are not under the control of Immoproof.ca. These third-party websites may collect information, such as Personal Information, about you. We invite you to consult the privacy policies applicable to such third-party websites, as they may differ from this Policy. Immoproof.ca is not responsible for the collection of Personal Information through such third party websites and communication tools.

6. LIMITED USE, DISCLOSURE AND RETENTION

Personal Information will not be held, used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes.

By law, Immoproof.ca may be required to retain, in whole or in part, your Personal Information for longer than it would normally have decided. However, Immoproof.ca limits access to this Personal Information so that it will not be used except to meet its legal obligations.

Immoproof.ca will not disclose to a third person your Personal Information unless you consent thereto, or such disclosure or use is provided for by applicable law. For instance, in the carrying on of its enterprise, Immoproof.ca’s authorized employees, mandataries or agents or any supplier in a contract with Immoproof.ca for work or services may have access to Personal Information without your consent if the Personal Information is needed for the performance of their respective duties or the carrying out of their respective mandates or contracts.

7. ACCURACY

Personal Information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Immoproof.ca will not routinely update Personal Information, unless such a process is necessary to fulfil the purposes for which the Personal Information was collected. The extent to which Personal Information will be accurate, complete and up-to-date will depend upon input (i) from you or (ii) resulting from data generated by you using Immoproof.ca products or services, and the use of the Personal Information, taking into account your interests.

8. Safeguards

Personal Information will be protected by security safeguards appropriate to the sensitivity of the Personal Information.

Immoproof.ca will take the security measures necessary to ensure the protection of the Personal Information collected, used, disclosed, held or destroyed and that are reasonable given the sensitivity of the Personal Information, the purposes for which it is to be used, the quantity and distribution of the Personal Information and the medium on which it is stored.

The methods of protection will include:

physical measures (such as restricted access to Immoproof.ca’s offices);
organizational measures (such as security clearances);
technological measures (such as the use of passwords).

Immoproof.ca will make its employees aware of the importance of maintaining the confidentiality of Personal Information, and care will be used in the disposal or destruction of Personal Information, to prevent unauthorized parties from gaining access to the Personal Information.

Your Personal Information is securely stored on the servers associated with the Platform. In the event that your Personal Information is stored with an Immoproof.ca service provider, they must comply with strict contractual conditions requiring them to maintain the confidentiality of all Personal Information and use it only for purposes related to the delivery of their service.

Given the public nature of the Internet, you acknowledge and understand that the security of communications over the Internet cannot be guaranteed. Immoproof.ca cannot guarantee and cannot be held liable in any way whatsoever for any breach of confidentiality, and any hacking, virus, loss, theft or modification of information transmitted or stored on Immoproof.ca’s systems or via cloud computing. In addition, by communicating your Personal Information to Immoproof.ca, you consent to the transfer of your Personal Information outside the jurisdiction of your country of residence, particularly given the reality of cloud computing. The protection of privacy and the rights of authorities with respect to access to your personal information in these countries are not necessarily equivalent to those in your country of residence.

In order to ensure an additional level of security for your Personal Information, Immoproof.ca recommends that you never disclose the identifiers you use to access your user profile, since they provide access to your Personal Information. Immoproof.ca also recommends that you log out of your user profile and close your browser or mobile application window when you stop using the Platform.

It is your responsibility to maintain the confidentiality of the identifiers you use to access your user profile. Consequently, you are responsible for any activity that occurs from your profile or with the identifiers that provide access to it.

If you believe that the confidentiality of your user profile or your login credentials has been compromised in any way, please contact us immediately at: info@immoproof.ca.

Notwithstanding the foregoing, Immoproof.ca may rely on the authority of any person having access to a user profile or making use of information giving access to it and in no event shall we be liable for any costs, civil liability or damages arising from: (i) any action or omission by us in connection with this provision; (ii) any compromise of the confidentiality of or access to any User Profile information; and (iii) any unauthorized access to or use of any User Profile information.

9. Openness

Immoproof.ca is open about its policies and practices with respect to the management of Personal Information. You will be able to acquire information about Immoproof.ca’s policies and practices without unreasonable effort. This information will be made available in a form that is generally understandable.

The information made available includes:

the name(s) or title(s) and the address(es) of the individual(s) who is/are accountable for Immoproof.ca’s policies and practices and to whom complaints or inquiries can be forwarded;
the means of gaining access to Personal Information held by Immoproof.ca;
a description of the type of Personal Information held by Immoproof.ca, including a general account of its use;
what Personal Information is made available to related organizations (for example, affiliates such as subsidiaries and parent organizations of Immoproof.ca).

10. INDIVIDUAL ACCESS

Upon request, you will be informed of the existence, use and disclosure of your Personal Information and will generally be given access to that Personal Information. You will be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.

No request for access, rectification or deletion may be considered unless it is made in writing by you when you prove that you are the individual concerned (or the representative, heir or successor of that individual, or the liquidator of the succession, a beneficiary of life insurance or of a death benefit).

Immoproof.ca, when holding a file that is the subject of your request for access, rectification or deletion, will respond to that request within a reasonable time after receipt of the request. The requested information will be provided or made available in a form that is generally understandable.

In certain situations, Immoproof.ca may not be able to provide access to all the Personal Information it holds about you. Exceptions to the access requirement are meant to be limited and specific. The reasons for denying access will be provided to you upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial reasons and information that is subject to solicitor-client or litigation privilege.

A reasonable charge may be required when requesting the transcription, reproduction or transmission of Personal Information.