This policy describes the processes Phoenix Rising Property Management Inc (PRPM) has in place with regard to the personal information it collects, uses and discloses in compliance with applicable privacy legislation (collectively “Privacy Law”).
- The confidentiality of personal information is an important principle at PRPM. While it is a reality of doing business that we collect personal information, we are committed to doing so in a manner which complies with Privacy Law.
- The following concepts are at the foundation of PRPM’s approach to privacy protection as it relates to our existing tenants, prospective tenants, condominium owners, contractors, employees and prospective employees:
• PRPM will collect, use or disclose personal information only for authorized purposes as permitted by Privacy Law.
• PRPM will preserve the confidentiality, accuracy and security of personal information.
• These principles will guide us in the collection, use, retention and disclosure of personal information.
• Each employee is responsible for compliance with this Policy in relation to the personal information under his/her control. In addition, PRPM has appointed a Privacy Officer to assume overall responsibility for compliance with this Policy and Privacy Law.
• Upon written request, an individual will be informed of the existence, use and disclosure of their personal information and will be given access to that information.
• Personal information will only be used for the purposes identified and access to personal information will be restricted to those who need to have access to it.
Purposes for Which We Collect Personal Information
(a) In our capacity as landlord
- As a landlord, we are required to assess potential tenants for their suitability as tenants and collect the necessary basic information should they become tenants. Like all landlords , we collect, use and disclose personal information in order to serve our clients and their tenants, preserve and manage our clients’ property, ensure the safety, security and reasonable enjoyment of the rented premises for each tenant, ensure access to the premises, equipment and services that we have agreed to provide, and to collect rents and other fees.
- PRPM will confirm the information provided, check references and conduct a history check of each prospective tenant. This could include following up with other individuals identified during the course of these inquiries as having relevant information (e.g. a person identified by a reference provided to us). We, or our client, may also contact appropriate public sources or a credit agency and/or a consumer reporting service for information about an individual’s suitability as a tenant.
- The types of personal information we may collect include name, gender, family status, address, electronic address(es), telephone numbers, income or other identifying information, such as driver’s license or date of birth. In addition, images, movements, actions, or other identifiable information about our residents may be captured by video equipment monitoring the common areas at our properties. The purpose of such monitoring is to enhance security, safety and reasonable use and enjoyment by all lawful users of the property.
- Information obtained during the course of a tenancy may be used for purposes of enforcing any term of the Tenancy Agreement and to obtain a consumer report in the event the tenant is in arrears of rent or wishes to renew their Tenancy Agreement.
(b) In our capacity as an employer
- We collect the personal information of our employees and prospective employees for recruiting and hiring purposes in order that we can check references and properly administer the employment relationship, including payroll and benefit plans. Our human resources department collects the following employee information: name, address, telephone numbers, work and business information, banking information, Social Insurance Number, driver’s license number, dependent particulars, among other information. This information is collected and used for payroll and benefit plans setup, administration, payment and tax remittance, to process any benefit or other claims, such as WSIB or medical related claims, and to comply with applicable employment legislation.
- In addition, images, movements, actions, or other identifiable information about our employees may be captured by video equipment monitoring the common areas at offices and buildings under our management that an employee may visit as part of their duties.
- Consent to use the personal information supplied by prospective tenants is provided by means of a signature(s) on the “Rental Application” form. By signing the Rental Application the applicant gives permission to the landlord or its agent to perform credit checks, to contact current and previous employers, landlords and references, or to take any other reasonable steps to assess the Rental Application for credit worthiness. Additional consent is granted by signing the Tenancy Agreement, if accepted to become a new tenant.
- If a tenant applicant withdraws consent or refuses to provide certain personal information requested, it likely will mean that we cannot provide the applicant with a rental apartment or the services or information required.
- Consent to use the personal information supplied by employees and prospective employees is provided by means of the completion of an application for employment and/or acceptance of an offer of employment.
- There may be situations where we collect personal information without the tenant’s or employee’s express consent, such as in the case of an emergency where we believe the tenant/employee would consent if asked and it is impractical to obtain consent (e.g. information obtained by a relative about an absent tenant, or a building emergency may necessitate entering the suite), access public sources (i.e. government, court or tribunal records) or to investigate a breach of the Tenancy Agreement or contravention of the law.
- Personal information is collected only for the purposes set out herein and not indiscriminately. If we require information for any purpose not specified herein we will, unless otherwise permitted or required by applicable law, notify the owner of the information of the new purpose and, subject to their consent, that new purpose will become an identified purpose. PRPM will only collect personal information by fair, lawful means and a responsible staff member will explain why the information is needed.
Limiting Use, Disclosure and Retention
- Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as may be permitted or required by applicable law.
- We may provide personal information about tenants or occupants to providers of utilities services and/or commodities (e.g. gas, electricity, water, laundry, telephone, internet and cable TV) to a residential complex so that such suppliers may contact those residents in regard to building and resident services. We may also disclose personal information to insurers, lenders or prospective purchasers of the properties we own or manage. In all cases, before disclosing information, we will ensure the service provider agrees to comply with Privacy Law and this Policy in its use of any personal information obtained from the landlord.
- We will only disclose personal information as permitted by law. We do not sell or transfer any personal information outside of PRPM other than where explicit reference is made and approval obtained at the time the personal information is provided, or where passing that information to third parties is necessary to provide the information or service requested.
- PRPM has guidelines and procedures in place for the retention and destruction of personal information, taking into account legal requirements and restrictions. Personal information that has been used to make a decision about an individual will be kept for a reasonable time period so as to permit access to the information by the individual following the decision having been made. Information that does not have a specific purpose, or that no longer fulfils its intended purpose, will be destroyed in a secure manner.
Accuracy of Personal Information
- We will strive to keep personal information as accurate, complete and up to date as necessary, taking into account its use and the interests of the individual. Personal information will only be updated when necessary to fulfill the purposes specified.
- We can help identify what records we might have about an individual as well as help explain any information that is not understood such as short forms, technical language, etc. We will need to confirm an individual’s identity if we do not know who they are, before providing them with this access. PRPM reserves the right to charge a nominal fee for such requests. Assuming we allow review of information relating to the content and accuracy, an individual may request an update to the data, if appropriate.
- If an individual believes there is a mistake in the information that we have on file, they have the right to request a correction although they may be asked to provide documentation. Where we agree that we made a mistake, we will make the correction and notify anyone to whom we sent this information. If we do not agree that we have made a mistake, we will still agree to include in our file a brief statement from the individual on the matter and we will forward that statement to anyone else who received the earlier information.
- We rely on individuals to disclose all material information to us and to inform us of any changes required. With proof of entitlement, a request to correct information in our possession may be made by contacting the Privacy Officer at the address set out below in the section called “Contacting Our Privacy Officer” Personal information relating to tenants is normally available at Park’s management office serving the resident’s apartment building or condominium unit.
- Because the right to access information is not absolute, PRPM may decline access to information that we have under our control for reasons such as:
• the information cannot be disclosed for legal, security or other reason;
• the information is subject to a legal privilege; or
• the information would reveal personal information about a third party.
Often all the individual has to do is ask, but it is possible we may request that the reason be stated in writing. If we cannot give access to the information requested, we will tell the person within 30 days, explaining as best we can why we cannot give access to the information. We will only refuse access as authorized by law, and in any event will provide the individual with a written explanation for refusing the request.
Safeguarding Your Personal Information
- We apply appropriate safeguards to our computer networks and physical files and we restrict access to personal information to those PRPM employees and authorized administrators who need to know that information in order to administer the services we provide. Information is kept at our premises, which are secured by an alarm system when office staff are not present. Information stored electronically is protected by passwords and other data security controls. Banking information provided for the purpose of paying rent or condominium fees by electronic banking is encrypted through software supplied by the banking industry.
- To make a formal complaint about our privacy practices, or for more general inquiries, requests may be made in writing to our Privacy Officer at Phoenix Rising Property Management Inc., 218 Sorento Street Ottawa On K2J0B5. The Privacy Officer will acknowledge receipt of the complaint, ensure that it is investigated promptly and provide a formal decision and explanation in writing.
Contacting Our Privacy Officer
- Request for further information, personal information access or any concerns about how we handle your information with Park should be referred to our Privacy Officer, as follows: