February 12, 2017
Mosaic Avenue Realty Ltd. and its affiliated companies (Mosaic) recognizes the importance of personal and data privacy of its customers and treats all personal and private data provided to us as confidential. We comply with the requirements of all applicable laws, including the British Columbia Personal Information Protection Act (PIPA) and Canadian Anti-Spam Legislation (CASL).
The term “personal information” means information that is capable of identifying you as an individual, or as otherwise defined by applicable law(s).
Summary of Principles
Mosaic is committed to complying with applicable privacy and other laws governing our communications and the collection, use and disclosure of your personal information. The guiding principles of this policy are set out below.
- Identifying Purposes for the Collection of Personal Information
Mosaic shall identify the purposes for which your personal information is collected at or before the time that the information is collected.
- Consent for the Collection, Use or Disclosure of Personal Information
Mosaic will obtain your consent of for the collection, use or disclosure of personal information as set out in and in accordance with applicable law(s).
- Limiting the Collection of Personal Information
When required by applicable law(s), Mosaic shall limit the collection of your personal information to that which is necessary for the purposes identified by Mosaic. Mosaic shall collect your personal information by fair and lawful means.
- Limiting the Use, Disclosure and Retention of Personal Information
Mosaic shall not use or disclose personal information for purposes other than those for which it was collected, except with your consent or in accordance with applicable law(s). Mosaic shall retain personal information only as long as necessary for the fulfillment of those purposes.
- Accuracy of Personal Information
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
- Security Safeguards
Mosaic shall protect your personal information by using security safeguards appropriate to the sensitivity of the information.
- Customer and Employee Access to Personal Information
Mosaic shall inform you about the existence, use, and disclosure of your personal information upon request and shall give you access to that information in accordance with applicable law(s). You have the right to challenge the accuracy and completeness of the information and have it amended as appropriate
- Challenging Compliance
Mosaic is responsible for personal information in its possession or control. Mosaic shall use appropriate means to provide a comparable level of protection while information is being processed by a third party.
Identifying Purposes for the Collection of Personal Information
Mosaic collects personal information for the following purposes (“identified purposes”):
- To establish and maintain responsible commercial relations with customers and to provide ongoing service;
- To understand customer needs and preferences and to provide customers with information related to those needs and preferences;
- To develop, enhance, market or provide products and services to customers including contacting customers for these purposes using any contact information that was provided to Mosaic;
- To manage and develop Mosaic’s business and operations, including personnel and employment matters; and
- To meet legal and regulatory requirements.
When and as required by applicable law(s), Mosaic shall specify the identified purposes at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer you to a designated person who shall explain the purposes.
Unless permitted or required by applicable law(s), Mosaic shall not use or disclose for any new purpose personal information that has been collected without first identifying and documenting the new purpose and obtaining your consent.
Types of Personal Information Collected
The types of personal information that Mosaic may collect, use and disclose include:
- Basic technical information about visitor to the Mosaic web site, including the gateway from which you have accessed the site and the pages you view.
- “Cookies” to enable Mosaic to register you for access to certain parts of its web site, to identify unique users, and track usage.
- Email or other contract information to distribute newsletters and announcement about Mosaic, including new communities and projects.
- Personal information required to respond to requests for information and services, facilitate communications, conduct market research, verify your identity and/or improve security features.
- Information required for Mosaic to comply with any law, legal or regulatory requirement.
- Credit information, billing records, service, and any recorded complaints provided as a Mosaic customer.
Consent for the Collection, Use or Disclosure of Personal Information
In obtaining your consent and when required by applicable law(s), Mosaic shall use reasonable efforts to ensure that you are advised of the identified purposes for which personal information will be used or disclosed.
Generally, Mosaic shall seek consent to use and disclose personal information at the same time it collects the information. Mosaic may seek consent to use and disclose your personal information after it has been collected, but before it is used or disclosed for a new purpose.
Mosaic will require you to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use of disclosure is required to fulfill the identified purposes.
In determining, the appropriate form of consent, Mosaic shall take into account the sensitivity of the personal information.
In general, the use of Mosaic’s web site, products and services constitutes implied consent for Mosaic to collect, use and disclose your personal information for all identified purposes.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Depending upon the circumstances, the withdrawal of consent may affect Mosaic’s ability to provide products or services to the individual. You should contact Mosaic for more information regarding the implications of withdrawing consent.
Commercial Electronic Messages and Compliance with CASL
Mosaic will not use your personal information for direct marketing or to send commercial electronic messages (CAMs) without your consent, unless and only as permitted by the Canadian Anti-Spam Legislation (CASL). You may unsubscribe from receiving marketing communications at any time by following the “unsubscribe” instructions on the electronic communications sent by Mosaic, or by contacting Mosaic’s Privacy Officer, whose contact information is listed below.
Limiting Collection of Personal Information
Mosaic collects personal information primarily from you directly, but may collect personal information in appropriate circumstances from other individuals or organizations.
Where reasonably necessary, Mosaic may also collect personal information from sources including credit bureaus, employers or personal references, or other third parties who represent that they have the right to disclose your personal information.
Limiting Use, Disclosure, and Retention of Personal Information
Subject to complying with applicable law(s), Mosaic may disclose your personal information to:
- A person who in the reasonable judgment of Mosaic is seeking the information as your agent;
- Another company involved in supplying you with services related to the services provided by Mosaic (including the developers of real estate projects for which Mosaic is providing marketing services);
- A company or individual employed by Mosaic to perform functions on its behalf, such as research or data processing;
- Another company or individual for the development, enhancement, marketing or provision of any of Mosaic products or services;
- An agent used by Mosaic to evaluate your creditworthiness or to collect your account;
- A credit reporting agency;
- A public authority or agent of a public authority, if in the reasonable judgment of Mosaic, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; and
- A third party or parties, where you consent to such disclosure, or where disclosure is permitted by applicable law(s).
Mosaic limits access to your personal information internally, to employees with a business need to know, or whose duties reasonably so require.
Mosaic shall keep your personal information only as long as it remains necessary or relevant for the identified purposes or as required by applicable law(s). Depending on the circumstances, where personal information has been used to make a decision about you, Mosaic shall retain, for a period of time that is reasonably sufficient to allow access by the affected individual, either the actual information or the rationale for making the decision.
Mosaic shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.
Accuracy of Personal Information
Personal information used by Mosaic shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision affecting you.
Mosaic shall update your personal information as and when necessary to fulfill the identified purposes or upon notification from you.
Mosaic shall protect your personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures.
Mosaic shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
All of Mosaic’s employees, agents or contractors with access to personal information shall be required to respect the confidentiality of that information.
Customer and Employee Access to Personal Information
Upon request and as required by applicable law(s), Mosaic shall allow you a reasonable opportunity to review the personal information held by Mosaic. Personal information shall be provided within a reasonable time, and, if there is a charge for providing the information, the charge shall be a reasonable charge permitted by applicable law(s).
In certain situations, Mosaic may not be able to provide access to all of your personal information. For example, Mosaic may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, Mosaic may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, Mosaic shall provide the reasons for denying access upon request.
Upon request, Mosaic shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Mosaic shall provide a list of organizations to which it may have disclosed personal information about you when it is not possible to provide an actual list.
In order to safeguard personal information, you may be required to provide sufficient identification information to permit Mosaic to account for the existence, use and disclosure of personal information and to authorize access to the individual’s information. Any such information shall be used only for this purpose.
Mosaic shall promptly correct or complete any personal information found to be inaccurate or incomplete. You may seek access to your personal information by contacting Mosaic’s Privacy Officer whose contact information is listed below.
Mosaic maintains procedures for addressing and responding to all inquiries or complaints about the handling of personal information.
You may seek advice from the Office of the Privacy Commissioner (British Columbia) at 1.250.387.5629 and, if appropriate, file a written complaint with that office. However, we encourage you to use Mosaic’s internal information and complaint procedures first.
This policy may be modified from time to time. Any changes to this policy will become effective upon posting of the revised policy on Mosaic’s website.
This policy is governed by and shall be construed in accordance with the laws of the Province of British Columbia and applicable laws of Canada.
Mosaic Privacy Officer
Mosaic’s Privacy Officer is as follows:
Clint Murphy, Privacy Officer
Last updated: February 2017