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Privacy Code
PRINCIPLE 1 - ACCOUNTABILITY
Members are responsible for the proper management of all personal information under their control, and shall designate one or more persons to be accountable for compliance.
PRINCIPLE 2 - IDENTIFYING THE PURPOSES OF PERSONAL INFORMATION
Members shall identify the purposes of collecting information before or at the time the information is collected.
PRINCIPLE 3 - OBTAINING CONSENT
The knowledge and consent of the consumer are required for the collection, use or disclosure of personal information except where inappropriate.
PRINCIPLE 4 - LIMITING COLLECTION OF PERSONAL INFORMATION
Members shall limit the collection of personal information to that which is necessary for the purposes identified.
PRINCIPLE 5 - LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
Members shall use or disclose personal information only for the reason it was collected, except with the consent of the consumer or as required by law.
PRINCIPLE 6 - ACCURACY OF PERSONAL INFORMATION
Members shall keep personal information as accurate, complete, current and relevant as necessary for its identified purpose.
PRINCIPLE 7 - PROTECTING INFORMATION
Members shall protect personal information with safeguards appropriate to the sensitivity of the information.
PRINCIPLE 8 - OPENNESS CONCERNING POLICIES AND PRACTICES
Members shall make readily available to consumers specific information about their policies and practices relating to the management of personal information.
PRINCIPLE 9 - CONSUMER ACCESS TO PERSONAL INFORMATION
Upon request, members shall inform a consumer of the existence, use and disclosure of his or her personal information and shall give the individual access to that information.
PRINCIPLE 10 - CHALLENGING COMPLIANCE
A consumer shall be able to address a challenge concerning compliance with the above principles to the designated accountable person or persons in the member office.
Frequently Asked Privacy Questions (FAQs)
1. What is personal information?
Personal information is any information about an identifiable individual. This does not include information which is publicly available such as a phone directory listing your name, address and telephone number.
2. How do REALTORS collect personal information?
Most information will be obtained directly from you, the client. REALTORS may also collect information from other sources such as credit bureaus and government agencies, as needed. At the time information is collected, you will be told what uses will be made of it, and your consent to that collection and use will be obtained.
3. What do REALTORS do with my information?
Your information is used to facilitate the real estate transaction. Effectively marketing your house involves advertising the property in any medium, including electronic media (newspapers, real estate publications, Internet web sites) and will also disclosing property information to other salespersons and prospective buyers. If the listing is on MLS®, the property information will be given to the real estate board or boards operating the Multiple Listing Service(s)®.
The listing information will be distributed through the MLS® system to any persons authorized to use the service (which may include other REALTORS, appraisers, government departments and others) and may be marketed by the board in various media, including the Internet. Property information, including sales data, is kept in the MLS® database following the completion of the transaction and is available to users of the system for comparative market analysis and valuation purposes.
Both current and historical data is essential to the operation of the MLS® system and by placing your listing on the MLS® system, you are agreeing to allow this ongoing use of listing and sales information.
4. How do I find out what personal information a REALTOR has about me?
You should be able to see your personal information held by a realty firm or real estate board/association by calling, writing or visiting the organization in person. There may be specific procedures you have to follow or forms you have to fill out, and the firm or board/association has the right to charge a minimal fee for the service.
5. Can I correct my personal information that is wrong?
Yes, you can. Contact the particular firm or board/association, explain the correction you are requesting and why. If you can show the information is inaccurate or incomplete, you can request that a document or record with the corrected information be included in the file.
6. Is there a review process?
Yes. If you have any questions or concerns about the way your personal information has been collected, used or disclosed or if access to your personal information has been improperly refused, or if the company has refused to correct erroneous information, try to settle the matter directly with the firm. It has procedures in place to respond to complaints. If you're not satisfied, you can contact the Privacy Commissioner of Canada, at info@privcom.gc.ca or by calling 1-800-282-1376.
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