This policy outlines the principles Andrew Schulhof applies when protecting a client’s privacy. He believes that ensuring the accuracy, confidentiality and security of the information he holds about his clients is more than simply a legal requirement, it is an ethical obligation.
This code is based on the Canadian Standards Association (CSA) Model Code for the protection of personal information (CAN/CSA-Q830-96) and the Federal Personal Information Protection and Electronic Documents Act (PIPAEDA). Based on these models, Andrew Schulhof has tailored their own ten privacy principles to meet the specific needs and expectations of his clients.
This code applies to Andrew Schulhof’s business. It outlines the principals and commitments he makes to you, his client, to protect the privacy of your personal information.
This code does not apply to the information collected, used or disclosed with respect to corporate or commercial entities that are clients. However, Andrew Schulhof exercises the same care and diligence in protecting the confidentiality of this information.
“Collection” – is the act of gathering, acquiring or obtaining personal information from any source, including third parties, by any means.
“Consent” – involves voluntary agreement with what is being done or proposed. Consent may be expressed or implied. Express consent can be given orally or in writing, it is unequivocal, and does not require any inference on the part of Andrew Schulhof. Implied consent exists when Andrew Schulhof can reasonably infer consent based upon the action or in-action of the client.
“Client” – is any individual who uses, or applies to use the services of Andrew Schulhof.
“Disclosure” – is the act of making personal information available to others outside of Andrew Schulhof’s business.
“Use” – is the treatment and handling of personal information by and within Andrew Schulhof’s business.
“Personal information” – is information about an identifiable individual that is recorded in any form; excluding the individual’s name, business title, business address and business phone number.
“Third-Party” – is an individual or organization other than Andrew Schulhof and the client.
Section 1: Andrew Schulhof’s Accountability
1.0 Andrew Schulhof is accountable for the protection of a client’s personal information.
While senior management is ultimately accountable for the protection of personal information, the day-to-day monitoring for compliance may be delegated to other staff.
1.1 The overall responsibility for the protection of personal information, and compliance to this policy rests with Andrew Schulhof Privacy Officer.
1.2 Andrew Schulhof is committed to ensuring that the appropriate security measures are employed in the transfer of sensitive information; however, when using e-mail or wireless communication, Andrew Schulhof advises clients that complete confidentiality and security are not assured.
1.3 Andrew Schulhof is not accountable for any damages suffered when a client transmits personal information through e-mail or wireless communication.
1.4 Andrew Schulhof has developed policies and procedures to: protect personal information; receive and respond to complaints and inquiries; train staff regarding the policies and procedures; communicate the policies and procedures to our clients.
Section 2: Identifying the Purpose of Personal Information
2.0 Andrew Schulhof will communicate the purpose for which information is being collected, either orally or in writing.
2.1 Andrew Schulhof collects clients’ personal information for the following reasons only:
To provide real estate and related services
To understand the real estate and related needs of his clients
To develop and manage products and services to meet the needs of his clients
To contact his clients directly for products and services that may be of interest
To determine the eligibility of his clients for different products and services
To ensure a high standard of service to his clients
To meet regulatory requirements
To verify a client’s identity.
Section 3: Client Consent
3.0 Andrew Schulhof will obtain client consent to collect, use or disclose any personal information except where detailed in this policy. Andrew Schulhof will make reasonable efforts to ensure that clients understand how their personal information will be used and disclosed.
3.1 A client’s consent can be expressed, implied or given through an authorized representative such as a lawyer, agent or broker. A client can withdraw consent at any time; with certain exceptions (see section 3.3). Andrew Schulhof, however, may collect, use or disclose personal information without the client’s knowledge or consent in exceptional circumstances:
When such collection, use or disclosure is permitted or required by law
When use of information is for acting in an emergency that threatens an individual’s life, health or personal security
When certain information is publicly available
When we require legal advice from a lawyer
When we need to collect a debt from a client
When we need to deal with an anticipated breach of law
3.2 Consent may be given orally, in writing or electronically. For example, depending upon the sensitivity of the information, consent can be expressed over the telephone when information is being collected; electronically when submitting an agreement, application or other information; in writing when signing an agreement or application form; when using a product or service; when indicating by means of a check-off box whether or not consent is granted.
3.3 Subject to contractual or legal arrangements, clients may withdraw or refuse consent provided that Andrew Schulhof is given reasonable notice. Refusal or withdrawal of consent may prevent Andrew Schulhof from providing a product or service. Andrew Schulhof will not unreasonably withhold products or services from clients who refuse or withdraw consent, but if information is required by law or required to operate standard operating systems, Andrew Schulhof may decline to deal with a client or person who will not consent to the use of such information.
Section 4: Limits for Collecting Personal Information
4.0 Andrew Schulhof will only collect personal information for the purposes identified. Andrew Schulhof will use methods that are lawful and will not collect information indiscriminately.
Section 5: Limits for Using, Disclosing and Keeping Personal Information
5.0 Client information will only be used or disclosed for the purpose for which it was collected. Andrew Schulhof will not use personal information for any additional purpose unless he seeks client consent to do so.
5.1 Andrew Schulhof will not sell client lists or personal information to Third Parties.
5.2 Andrew Schulhof may periodically use client personal information to conduct client surveys in order to enhance our provision of real estate and related services. If an outside body is employed to conduct research on behalf of Andrew Schulhof or provide other services that require access to client information, Andrew Schulhof will ensure that appropriate security undertakings, such as confidentiality clauses in contractual arrangements, are employed to protect the transfer and use of personal information.
5.3 Subject to applicable law, each client of Andrew Schulhof may transfer information between each other.
5.4 Andrew Schulhof will retain client personal information only as long as necessary or expected to be necessary for the identified purposes, or as required by legislation.
5.5 Andrew Schulhof may disclose personal information related to a financial asset of Andrew Schulhof along with transfer of the financial asset.
Section 6: Accuracy
6.0 Andrew Schulhof will make reasonable efforts to ensure that client personal information is as accurate, complete and current as required for the purposes for which it was collected. In some cases, Andrew Schulhof relies on his clients to ensure that certain information, such as the client’s address or telephone number, is current, complete and accurate.
6.1 Andrew Schulhof will not routinely update information unless it is necessary to fulfill the purposes for which it was collected or if it is required to maintain an active client.
6.2 Clients may request amendments to the records with Andrew Schulhof in order to ensure the accuracy and completeness of their personal information. If the amendment request pertains to information that remains in dispute, Andrew Schulhof will note the clients’ opinion in the file.
Section 7: Safeguarding Personal Information
7.0 Andrew Schulhof is committed to the safekeeping of client personal information in order to prevent its loss, theft, unauthorized access, disclosure, duplication, use or modification.
7.1 Depending on the sensitivity of the information, Andrew Schulhof will employ appropriate security measures to protect the information. The measures may include, for example, the physical security of offices and data centers, and electronic security measures such as passwords, encryption and personal identification numbers.
7.2 Andrew Schulhof will use appropriate security measures when disposing of client personal information.
7.3 The development of the Andrew Schulhof policies and procedures for the protection of personal information is an ongoing process. Changes in technology necessitate that Andrew Schulhof continually develops, updates and reviews information protection guidelines and controls to ensure ongoing information security.
Section 8: Availability of Policies and Procedures
8.0 Andrew Schulhof is open about the policies and procedures it uses to protect client personal information. Information about these policies and procedures will be made available to clients either electronically or in written format in plain language; however, to ensure the integrity of our security procedures and business methods, Andrew Schulhof may refuse to publicly disclose certain information.
8.1 Andrew Schulhof will make the following information available:
The name, title and address of the person accountable for the policies and procedures and to whom complaints or inquiries can be forwarded
A description of the type of personal information held by Andrew Schulhof, including a general account of its use
A copy of any brochures or other information that explain the policies and procedures
An explanation of what personal information is made available to related organizations such as affiliated companies and or entities
Section 9: Providing Client Access to Personal Information
9.0 Clients have a right to access their personal information held by Andrew Schulhof. Upon request, Andrew Schulhof will, within a reasonable time period, tell the client what personal information it has, what it is being used for and to whom it has been disclosed if applicable and within the time period for which records are available.
9.1 Clients may be asked to be specific about the information they would like to access and to submit their request in writing to Andrew Schulhof.
9.2 Clients will be required to provide personal information to identify them to enable Andrew Schulhof to provide an account of the existence, use and disclosure of personal information.
9.3 Andrew Schulhof will make the information available within 30 days, or provide written notice of extension where additional time is required to fulfill the request. When information is not provided within 30 days of the request, Andrew Schulhof will, no later than 30 days after the date of the request, send a notice of extension to the client, advising of the new time limit, the reasons for extending the time limit and of the right of the client to make a complaint to the Commissioner regarding the extension.
9.4 The information will be made available at a cost that will vary with the type and amount of information requested. Where a cost will be incurred by the client, Andrew Schulhof will inform the client of the cost and request further direction from the client on whether or not Andrew Schulhof should proceed with the request.
9.5 When reporting to clients to whom their information has been disclosed, Andrew Schulhof will not document information transfers necessary for the daily provision of products and services to clients. For example, transfers to organizations that process credit card transactions will not be documented. Upon request, Andrew Schulhof will provide a list of organizations where client personal information may have been sent.
9.6 If a request is refused, Andrew Schulhof will notify the client in writing, documenting the reasons for refusal and resources for redress available to the client.
9.7 In certain situations, Andrew Schulhof may not be able to provide access to any or all personal information about a client. In such cases, Andrew Schulhof will explain the reasons it will not provide the requested information, and identify resources for recourse available to the client. The reasons for not providing information may include that it is unreasonably costly to provide, information generated in a formal dispute resolution process, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
9.8 If the information is demonstrated to be inaccurate or incomplete, Andrew Schulhof will amend the information as required. Where appropriate, Andrew Schulhof will transmit the amended information to Third Parties having access to the information in question.
Section 10: Compliance and Complaints
10.1 Contact Information:
Licensed with Team 3000 Realty Ltd.
207-5740 Cambie Street
Vancouver, BC V5Z 3A6