Privacy Policies and Procedures for Data Collection
Via Capitale Partenaires "THE AGENCY" is governed by the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) (the Act). We are committed to maintaining the highest standards of confidentiality regarding the personal information of individuals visiting our website. We do not collect any information unless you choose to voluntarily provide it when sending an email or submitting an inquiry.
Personal Information
Personal information refers to any data about an individual that allows them to be identified, directly or indirectly. Written documents, images, videos, and audio recordings may contain personal information. As part of its professional activities, THE AGENCY or the BROKER may collect personal information such as name, residential address, date of birth, ID details, social insurance number, income information, marital status, and more.
Consent
THE AGENCY or the BROKER collects, uses, and discloses personal information with the consent of the individual concerned. This consent must be clear, free, informed, and given for specific purposes. Individuals who consent to provide their personal information are presumed to consent to its use and disclosure for the purposes for which it was collected. Individuals may withdraw their consent at any time. However, if the collection is necessary to conclude or execute a contract, THE AGENCY or the BROKER may not be able to fulfill the requested service.
Responsibility
THE AGENCY or the BROKER is responsible for protecting the personal information it holds as part of its real estate brokerage activities. To this end, THE AGENCY or the BROKER has adopted a privacy policy and governance practices aimed at managing the collection, use, disclosure, retention, and destruction of personal information.
Collection of Personal Information
THE AGENCY or the BROKER only collects personal information necessary for its real estate brokerage activities. Examples include information collected for real estate transactions, record-keeping, monitoring professional practices by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), or other purposes disclosed to the individual when seeking their consent.
Staff members are encouraged to explain clearly and simply why personal information is being collected and to ensure the individual understands. THE AGENCY or the BROKER may use standardized forms developed by OACIQ for collecting personal information. Information may also be collected verbally during interactions or through documents submitted as part of a real estate transaction (e.g., ID documents, financial documents, powers of attorney).
Use and Disclosure of Personal Information
Personal information is used and disclosed for the purposes for which it was collected, with the individual's consent. In certain cases permitted by law, personal information may be used for other purposes, such as fraud detection and prevention or service provision.
THE AGENCY or the BROKER may disclose personal information to third parties, such as suppliers, contractors, subcontractors, agents, insurers (e.g., the Professional Liability Insurance Fund of Quebec Real Estate Brokerage FARCIQFARCIQFARCIQ), professionals, regulators, or parties outside Quebec.
THE AGENCY or the BROKER may disclose personal information to third parties without consent if it is necessary for executing a mandate or service contract. In such cases, a written agreement will specify the measures the third party must take to protect the personal information, use it solely for the intended purpose, and destroy it after completion.
Before disclosing personal information outside Quebec, THE AGENCY or the BROKER evaluates its sensitivity, intended use, and the protection measures it will receive. Information is only disclosed outside Quebec if adequate protection is ensured.
Retention and Destruction of Personal Information
When the purposes for which personal information was collected or used are fulfilled, THE AGENCY or the BROKER must destroy it, subject to retention periods required by law. Professional obligations mandate keeping records for at least six (6) years after their closure.
Security Measures
During collection, use, retention, and destruction, THE AGENCY or the BROKER applies necessary security measures to protect confidentiality. Specifically, personal information is secured using measures suited to its sensitivity, including physical, administrative, and technical safeguards.
Confidentiality Incidents
A confidentiality incident is defined as unauthorized access, use, disclosure, loss, or any other breach of personal information protection.
THE AGENCY or the BROKER has implemented a protocol for managing confidentiality incidents, identifying responsible personnel and outlining specific actions to address incidents, including data security measures.
Roles and Responsibilities
THE AGENCY or the BROKER
- Ensures confidentiality through proper information management practices, including staff training on collecting, using, storing, modifying, consulting, disclosing, and securely destroying personal information.
- Implements adequate protection measures, such as IT security and regular updates to privacy policies and training.
- Standardizes document filing and retention procedures.
- Manages physical and digital access to personal information based on sensitivity.
- Ensures secure destruction of personal information with clear guidelines on methods and timelines.
Privacy Officer
THE AGENCY or the BROKER has designated a Privacy Officer to ensure compliance with these policies and applicable regulations. The Privacy Officer handles confidentiality incidents, access and rectification requests, and complaints. They may also recommend privacy protection measures for projects involving personal information.
Staff Members
Staff may only access personal information necessary for their duties and must:
- Ensure integrity and confidentiality of personal information.
- Comply with all privacy and security policies.
- Report any suspected breaches to the Privacy Officer or their supervisor.
Right to Access, Withdraw, and Rectify
Individuals (or their authorized representatives) may request access to, correction of, or withdrawal of consent for their personal information. THE AGENCY or the BROKER may refuse such requests if permitted by law.
Complaints
Complaints about the treatment of personal information will be addressed within five (5) days by the Privacy Officer, with a written response provided.
Privacy Officer Contact Information
Patrick Juanéda
Agency Director and Co-owner
Via Capitale Partenaires, Real Estate Agency
280A boul. de La Seigneurie O., Blainville, QC, J7C 5A1
Phone: 450-435-2200
Email: pjuaneda@viacapitale.com ↗