Policies and Procedures Regarding Privacy and Data Collection

Via Capitale Partners ("THE AGENCY") is governed by the Act Respecting the Protection of Personal Information in the Private Sector (RLRQ, c. P-39.1) (the "Act"). We are committed to maintaining the highest standards of confidentiality regarding the personal information of individuals who visit our website, and we do not collect any information unless you voluntarily consent to provide it as part of an email submission or when you make an inquiry.

Personal Information

Personal information is information relating to an individual that allows, directly or indirectly, their identification. A written document, image, video, or audio recording may contain personal information. In the course of its professional activities, THE AGENCY or THE BROKER may collect personal information such as name, home address, date of birth, identification document details, social insurance number, income information, marital status, etc.

Consent

THE AGENCY or THE BROKER collects, uses, and discloses personal information with the consent of the individual concerned. For consent to be valid, it must be explicit, freely given, informed, and provided for specific purposes. The individual who consents to providing their personal information is presumed to consent to its use and disclosure for the purposes for which it was collected. Any individual may withdraw their consent at any time for the collection, use, or disclosure of their personal information by THE AGENCY or THE BROKER. In such cases, if the collection is necessary for the conclusion or execution of a contract by THE AGENCY or THE BROKER, they may not be able to fulfill a service request.

Responsibility

THE AGENCY or THE BROKER is responsible for protecting the personal information it holds in the course of its 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 management of personal information, with the objective of regulating 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 the exercise of its real estate brokerage activities. 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 disclosed to the individual from whom consent is requested.

THE AGENCY or THE BROKER encourages its staff to explain in simple and clear terms to the individual concerned the reasons for collecting their personal information and to ensure their understanding. For the collection of personal information, THE AGENCY or THE BROKER encourages its staff 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 as part of a real estate transaction (identification documents, financial records, powers of attorney, etc.).

Use and Disclosure of Personal Information

Personal information is used and disclosed for the purposes for which it was collected and with the consent of the individual concerned. In certain cases permitted by law, personal information may be used for other purposes, such as detecting and preventing fraud or providing a service to the individual.

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 individual concerned, disclose personal information to a third party if such disclosure is necessary for the execution of a mandate or service contract. In such cases, THE AGENCY or THE BROKER establishes a written mandate or contract specifying the measures the agent must take to ensure the protection of the personal information entrusted to them, ensuring it is used only for the execution of the mandate or contract and destroyed upon its completion. The co-contractor must also agree to cooperate with THE AGENCY or THE BROKER in the event of a breach of personal information confidentiality.

Before disclosing personal information outside Quebec, THE AGENCY or THE BROKER considers its sensitivity, the purpose of its use, and the protective measures that will apply outside Quebec. THE AGENCY or THE BROKER will only disclose personal information outside Quebec if its analysis demonstrates that the information will receive adequate protection in the location where it is to be disclosed.

Retention and Destruction of Personal Information

Once the purposes for which personal information was collected or used have been fulfilled, THE AGENCY or THE BROKER must destroy it, subject to any retention period required by law. In this regard, their professional obligations require them to retain records for at least six (6) years following their final closure.

Security Measures

During the collection, use, retention, and destruction of personal information, THE AGENCY or THE BROKER implements necessary security measures to protect confidentiality. Specifically, the following measures apply:

• Personal information is protected with security measures corresponding to its level of sensitivity.

• Privacy protection procedures are ensured through physical, administrative, and technical means.

Confidentiality Incident

A confidentiality incident refers to any unauthorized access, use, or disclosure of personal information under the law, as well as the loss of personal information or any other breach of its protection.

THE AGENCY or THE BROKER has established a confidentiality incident management protocol, which identifies the individuals assisting the Privacy Officer and outlines the specific actions to be taken in case of an incident. This protocol defines responsibilities at each stage of incident management, including measures to ensure data security.

Roles and Responsibilities

THE AGENCY or THE BROKER

• Ensures confidentiality through proper information management practices.

• Provides guidelines, training, and instructions to staff regarding the collection, use, storage, modification, consultation, disclosure, and authorized destruction of personal information.

• Implements adequate protective measures to reduce the risk of confidentiality incidents (e.g., IT security, policy updates, staff training).

• Maintains standardized methods for filing and retaining documents containing personal information, including digitization procedures.

• Manages physical and digital access to personal information based on sensitivity.

• Ensures secure destruction of personal information, providing staff with instructions on proper destruction methods and timelines.

Privacy Officer

In compliance with the law, THE AGENCY or THE BROKER has appointed a Privacy Officer, whose name and contact details are listed in the "Access, Withdrawal, and Correction Rights" section.

The Privacy Officer:

• Ensures compliance with these policies and applicable regulations.

• Manages confidentiality incidents and takes actions required by law.

• Handles access and correction requests for personal information.

• Addresses complaints regarding the handling of personal information.

• Is consulted for privacy impact assessments related to IT system acquisitions, developments, or redesigns involving personal information.

• Recommends measures to safeguard personal information in such projects.

Staff Members

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

Staff must:

• Ensure the integrity and confidentiality of personal information.

• Comply with all policies on access, collection, use, disclosure, and destruction of personal information.

• Follow security measures on their workstations and devices containing personal information.

• Use only authorized equipment and software.

• Securely destroy personal information as instructed.

• Immediately report any suspected or actual breach of personal information security to their supervisor.

• Forward any confidentiality incident to the Privacy Officer, Patrick Juanéda, or his assistant, Nancy Savard, Agency Director.

Access, Withdrawal, and Correction Rights

An individual (or their authorized representative) may:

• Request access to their personal information held by THE AGENCY or THE BROKER.

• Withdraw consent at any time for the collection, use, or disclosure of their personal information (withdrawal must be documented in writing).

• Request corrections to personal information they believe is inaccurate, incomplete, or misleading.

THE AGENCY or THE BROKER may refuse access or correction requests in cases permitted by law.

Complaints

An individual who believes their rights have been violated may file a complaint regarding the handling of their personal information. Complaints will be processed within 5 business days, and a written response will be provided.

To submit an access request, correction request, or complaint, contact:

PRIVACY OFFICER
Patrick Juanéda
Agency Director & 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 ↗