Berkshire Hathaway HomeServices Québec and its brokers who are self-employed (hereinafter “THE AGENCY” or the “BROKER”) are governed by the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) (the Act).
Personal information is any information relating to an individual that allows them to be identified, directly or indirectly. Written documents, images, videos, and audio recordings can all contain personal information. In the course of its professional activities, the AGENCY or BROKER may collect personal information such as name, home address, date of birth, identification details, social security number, income information, marital status, etc.
The AGENCY or BROKER collects, uses, and discloses personal information with the consent of the individual concerned. To be valid, this consent must be explicit, freely given, informed, and given for specific purposes. An 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 to the collection, use, and disclosure of their personal information by the AGENCY or BROKER at any time. In this case, if the collection is necessary for the conclusion or performance of the contract by the AGENCY or BROKER, the AGENCY or BROKER may not be able to comply with a service request.
The AGENCY or 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 BROKER has adopted a privacy policy as well as policies and practices governing the management of personal information, the objective of which is to regulate the collection, use, disclosure, retention, and destruction of personal information.
The AGENCY or BROKER only collects personal information necessary for carrying out its activities in the field of real estate brokerage. For example, this may include information collected for the purpose of completing a real estate transaction, for record keeping, for monitoring professional practice by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), or for any other purpose determined by the AGENCY or BROKER and disclosed to the individual whose consent is requested.
The AGENCY or BROKER invites its staff members to explain in simple and clear terms to the person concerned the reasons for collecting their personal information and to ensure that they understand.
For the purpose of collecting personal information, the AGENCY or the BROKER encourages its staff members to use the standardized forms developed by the OACIQ.
The AGENCY or BROKER may also collect personal information verbally during correspondence with persons involved in a transaction or through various documents submitted as part of a real estate transaction (identity documents, financial documents, powers of attorney, etc.).
Personal information is used and disclosed only for the purposes for which it was collected and with the consent of the individual concerned. In certain cases provided for by law, personal information may be used for other purposes, for example, to detect and prevent fraud, or to provide a service to the individual concerned.
The AGENCY or the BROKER may be required to disclose personal information to third parties, for example, to suppliers, co-contractors, subcontractors, agents, insurers (such as the Quebec Real Estate Brokerage Professional Liability Insurance Fund [FARCIQ]), professionals, other regulators, or outside Quebec.
The AGENCY or BROKER may, without the consent of the individual concerned, disclose personal information to a third party if such disclosure is necessary for the performance of a mandate or a service or business contract. In this case, the AGENCY or BROKER establishes a written mandate or contract specifying the measures its agent must take to ensure the protection of the personal information entrusted to them, to ensure that this information is used only for the performance of the mandate or contract, and that it is destroyed after its termination. The contracting party must also agree to cooperate with the AGENCY or BROKER in the event of a breach of confidentiality of personal information.
Before disclosing personal information outside Quebec, the AGENCY or BROKER considers its sensitivity, the purpose of its use, and the safeguards it will be afforded outside Quebec. The AGENCY or BROKER will only disclose personal information outside Quebec if its analysis demonstrates that it will receive adequate protection in the location where it is to be disclosed.
Once the purposes for which personal information was collected or used have been fulfilled, the AGENCY or BROKER must destroy it, subject to a retention period prescribed by law. In this regard, the AGENCY’s or BROKER’s professional obligations require it to retain its records for at least six (6) years following their final closure.
When collecting, using, storing, and destroying personal information, the AGENCY or BROKER applies the necessary security measures to protect the confidentiality of personal information. Specifically, the following measures apply:
Return all documents received that are relevant to the transaction to the office within ten days of receipt
Only publish to the public the information that appears on the brokerage contract or that has been agreed verbally or in other forms of writing between the agency/broker and the client(s).
Will not discuss or share any financial information about the client except with the interim notary, at their request, who is finalizing the sale.
All documents are stored exclusively on the agency’s internal computer system, which is compliant with and approved by the OACIQ, and to which only the agency and the broker have access.
All documents are automatically deleted seven (7) years after the date the file was created.
A confidentiality incident is any unauthorized access, use, or disclosure of personal information, or the loss of personal information, or any other breach of the protection of personal information.
The AGENCY or BROKER has implemented a protocol for managing a confidentiality incident, which identifies the individuals who assist the Data Protection Officer and outlines the specific actions to be taken in the event of an incident. This protocol specifically details the responsibilities expected at each stage of incident management, including the measures to be taken to ensure data security
THE AGENCY or the BROKER
Ensures the confidentiality of information through good information management practices. More specifically, he/she provides guidelines, training, and instructions to staff members regarding the collection, use, storage, modification, consultation, disclosure, and permitted destruction of personal information.
Deploys appropriate safeguards to reduce the risk of a privacy incident, for example, IT security, updating personal information policies, staff training, etc.
Has standardized methods for classifying documents containing personal information.
It has standardized methods for preserving documents containing personal information, including with regard to the digitization procedure.
Manages physical and IT access to personal information, taking into account factors such as sensitivity.
Carry out the secure destruction of personal information. More specifically, he/she gives directives or instructions to staff members regarding the secure destruction method, destruction deadlines, etc.
In accordance with the Law, the AGENCY or the BROKER has appointed the Data Protection Officer.
In particular, he ensures that these policies are respected and comply with applicable regulations. The name and contact details of this person are listed in the section entitled “Right of access, withdrawal and rectification”.
The Privacy Officer assumes responsibility for managing privacy incidents and, in this context, takes actions provided for by law.
The Privacy Officer handles requests for access to and rectification of personal information. They also handle complaints regarding the processing of personal information by the AGENCY or the BROKER.
The Privacy Officer is consulted as part of a privacy impact assessment for any project involving the acquisition, development, or redesign of an information system or the electronic delivery of services that involves the collection, use, disclosure, storage, or destruction of personal information. They may suggest measures to ensure the protection of personal information within such a project.
A member of the AGENCY staff or the BROKER may access personal information only to the extent necessary for the performance of their duties or mandate.
The AGENCY staff member or the BROKER :
Ensures the integrity and confidentiality of personal information held by the AGENCY or the BROKER.
Complies with all policies and directives of the AGENCY or BROKER regarding access, collection, use, disclosure, destruction of personal information and information security and respects the instructions presented to him/her.
Respect the security measures in place at your workstation and on any equipment containing personal information.
Use only the equipment and software authorized by the AGENCY or BROKER.
Ensures, when the time comes, the secure destruction of personal information in accordance with received instructions. Immediately reports to their supervisor any action of which they become aware that may constitute an actual or suspected violation of security rules relating to personal information.
An individual (or their authorized representative) may request access to their personal information held by the AGENCY or BROKER. An individual may withdraw their consent to the collection, use, and disclosure of their personal information at any time. This withdrawal must be recorded in writing.
A person may request that personal information concerning them be corrected if they believe it to be inaccurate, incomplete, or ambiguous.
The AGENCY or the BROKER may refuse a request for access or rectification in the cases provided for by law.
A person who believes they have been wronged may file a complaint regarding the handling of their personal information by the AGENCY or the BROKER. This complaint will be processed diligently within a maximum of ten (10) days by the Privacy Officer, and a written response will be sent to you.
To request access to or correction of your personal information or to submit a complaint regarding the processing of personal information, please contact your broker or send an email to info@bhhsquebec.ca and please detail the situation so that we can take the necessary steps to correct it.