PRIVACY

Privacy Policy of Millway Residences Inc.

Privacy of personal information is an important principle to us. We are committed to collecting, using and disclosing personal information responsibly and only to the extent necessary for the premises, goods and services we provide. We also try to be open and transparent as to how we handle personal information. This document describes our privacy policies.

What is Personal Information?

Personal information is information about an identifiable individual. Personal information includes information that relates to their personal characteristics (e.g., gender, age, income, home address or phone number, family status), their health (e.g., disabilities) or their activities and views (e.g., religion, politics, opinions expressed by an individual, opinions about an individual). Personal information is to be contrasted with business information (e.g., an individual’s business address and telephone number), which is not protected by privacy legislation.

We Collect Personal Information: Primary Purposes

About Tenants
We collect, use and disclose personal information in order to serve our tenants and to manage the property. For our tenants, the primary purpose for collecting personal information is to ensure their safety, security and reasonable enjoyment and that of the other tenants, to ensure they have access to the premises, equipment and services that we have agreed to provide, to preserve the property and to collect rents and other fees. We disclose limited personal information to suppliers of services, such as telecommunications service providers, so that they can market and make available their services to new and existing tenants. We may also disclose personal information to insurers, lenders or prospective purchasers of properties we own or manage.

Examples of the type of information we collect for these purposes includes the following:

• Names of all occupants of the unit

• Business and emergency contact information

• Use and intended uses of the property

• Compliance with the tenancy agreement and our rules and regulations

• Payment, banking and other financial information

• Any special needs of tenants (e.g., disability or health) and

• Social insurance number, but only for the purpose of issuing a tax receipt for interest on the rental deposit

• The amount of rent payable with respect to each rental unit

As a service and convenience for tenants we may maintain public directories of tenants (e.g., by the front door). If you do not wish to be listed in any directories or wish to be described in a particular way, please let us know.

It would be rare for us to collect any personal information without the tenant’s express consent, but this might occur in a case of urgency (e.g., the tenant is unavailable), where we believe the tenant would consent if asked and it is impractical to obtain consent (e.g., information provided by a relative about an absent tenant), appropriate public sources (e.g., government, court or tribunal records) or to investigate a breach of the tenancy agreement or contravention of the law.

We subscribe to a consumer reporting service. This service provides information to us about prospective tenants. In return, we provide information to the service in order for the service to maintain a databank on a tenant’s credit history. We collect your full legal name and date of birth to ensure the accuracy of those records. We obtain your consent for using the consumer reporting service in the rental application form and tenancy agreement.

The information described above and the information set out below about prospective tenants can be collected or updated if the tenant is in arrears of rent or fees or wishes to renew a tenancy agreement.

About Prospective Tenants

Prospective tenants are requested to complete a rental application form so that we can assess their suitability as tenants and have necessary basic information should they become tenants. This would include the following types of information:

• Past and current tenancy history

• Employment history

• Business and personal telephone and contact information

• References and conduct history

• Financial means and credit history

• Automobile information and

• Intended use of the premises

We will then confirm this information and check references and the conduct history of the prospective tenants. This might 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 you provided to us). We may also contact a credit agency and/or a consumer reporting service for information about your suitability. We might also check appropriate public sources (e.g., government, court or tribunal records). We may also provide the Applicant’s name, new address and move in date to a third-party telecommunications or service or utility provider, if the Applicant is accepted as a tenant, in order to enable that third party to contact the tenant in regard to the provision of en-suite services. By completing a rental application form you agree to us collecting this information about your suitability to be a tenant.

About Members of the General Public

For members of the general public, our primary purpose for collecting personal information is to promote the safety of tenants and the security of the property. For example, we may operate security cameras and monitor the presence, vehicles and the conduct of visitors and non-tenants on the property. We believe that the collection of this information is implied by the private and residential nature of the property.

Secondly, we might gather personal information in the course of marketing the property to prospective tenants. This information is collected either from appropriate public sources (e.g., telephone directories) or directly from the individuals with their consent.

On our website, we only collect, with the exception of cookies (electronic markers identifying computers that have previously visited our website), the personal information you provide and only use that information for the purpose you gave it to us (e.g., to respond to your email message, to provide information about our services). Cookies are only used to help you navigate our website and are not used to monitor you.

Suppliers and Contractors

We often deal with suppliers and contractors who provide goods and services to the properties we manage. We monitor their performance, including their promptness, reliability, quality and value of services. Most of this information is business information and would not be covered by privacy legislation. However, occasionally, this information relates to the conduct of an individual (e.g., skill of a particular employee of a supplier or contractor, inappropriate behaviour or comments by a particular representative). We reserve the right to collect this information, use it in deciding upon future services and to disclose it to parties involved in related or similar operations. We may also collect home contact information to reach them in case of emergencies.

About Contract Staff

For people who are contracted to do work for us (e.g., temporary workers), our primary purpose for collecting personal information is to ensure we can contact them in the future (e.g., for new assignments) and for necessary work-related communication (e.g., sending out paycheques, year-end tax receipts, tax filings). Examples of the type of personal information we collect for those purposes include home addresses and telephone numbers. It is rare for us to collect such information without prior consent, but it might happen in the case of an emergency (e.g., an outbreak of a contagious disease) or to investigate a possible breach of law (e.g., if a theft were to occur).

We Collect Personal Information: Related and Secondary Purposes

Like most property managers, we also collect, use and disclose information for purposes related to or secondary to our primary purposes. The most common examples of our related and secondary purposes are as follows:

• To collect rents and other fees.

• To advise others of new developments in the area of landlord and tenant relations (e.g., a newsletter sent to a home address of a tenant).

• We review tenant and other files for the purpose of ensuring that we provide high quality services, including assessing the performance of our consultants, suppliers and staff. In addition, external consultants (e.g., auditors, lawyers, business consultants) may on our behalf do audits and continuing quality improvement reviews of our operations, including reviewing tenant files and interviewing our staff.

• Various government agencies (e.g., Canada Customs and Revenue Agency, Information and Privacy Commissioner, Human Rights Commission, etc.) have the authority to review our files and interview our staff as a part of their mandates. Also, we believe that we should report information suggesting serious illegal behaviour to the authorities. These reports could include personal information about a tenant or other individual to support the concern (e.g., illegal drug activity), although we try to keep this disclosure to a minimum. In these circumstances, we may consult with professionals (e.g., lawyers, a private security service) who will investigate the matter and report back to us.

• If a tenant’s rent or fees are paid for by a third party (e.g., employer, your trustee, the government) we may be asked to provide them with certain information. These third-party payers often have tenant consent or legislative authority to direct us to collect and disclose to them certain information in order to demonstrate tenant entitlement to and responsible use of this funding.

• Tenants or other individuals we deal with may have questions about the services they received. We also provide ongoing services for many tenants over a period of months or years for which previous records are helpful. We retain tenant information for a minimum of two (2) years after the last contact to enable us to respond to those questions and provide these services.

You can choose not to be part of some of these related or secondary purposes (e.g., by not having a third party pay your rent). We do not, however, have much choice about some of these related or secondary purposes (e.g., external regulation).

Protecting Personal Information

We understand the importance of protecting personal information. For that reason, we have taken the following steps:

• Paper information is either under supervision or secured in a locked or restricted area.

• Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, passwords are used on computers. All of our cell phones are digital, which signals are more difficult to intercept (however, we still are careful on cell phones because sometimes they switch over to an analog service).

• Paper information is transmitted through sealed, addressed envelopes or boxes by reputable companies.

• Electronic information is transmitted either through a direct line or is anonymized or encrypted.

• Staff are trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with our privacy policy.

• External consultants and agencies with access to personal information must provide us with appropriate privacy assurances.

Retention and Destruction of Personal Information

We need to retain personal information for some time to ensure that we can answer any questions you might have about the services provided and for our own accountability to external regulatory bodies. However, we do not want to keep personal information too long in order to protect your privacy.

We keep our management files for a period not less than 5 years from the last month of tenancy. Our tenant and contact directories are difficult to systematically destroy, so we remove such information when we can if it does not appear that we will be contacting you again. However, if you ask, we will remove such contact information right away.

We destroy paper files containing personal information by shredding. We destroy electronic information by deleting it and, when the hardware is discarded, we ensure that the hard drive is physically destroyed or completely reformatted.

You Can Look at Your Information

With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you. We will also try to help you understand any information you do not understand (e.g., short forms, technical language, etc.). We will need to confirm your identity, if we do not know you, before providing you with this access. We reserve the right to charge a nominal fee for such requests.

If there is a problem, we may ask you to put your request in writing. If we cannot give you access, we will tell you within 30 days if at all possible and tell you the reason, as best we can, as to why we cannot give you access.

If you believe there is a mistake in the information, you have the right to ask for it to be corrected. We may ask you to provide documentation that our files are wrong. 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 you on the point and we will forward that statement to anyone else who received the earlier information.

Use of Video Surveillance and Recordings

Video equipment may be installed and operating in common areas of the residential complex in which your rental unit is located. The video equipment may have special capabilities that will allow it to capture sound recordings along with images. Other special capabilities that the video equipment may possess includes, but is not limited to, zoom, facial recognition, or night-vision features.

The video equipment will be operating at all times. Surveillance of the video recordings may occur at any time.

The purpose of the use of such equipment is to ensure your safety, security and reasonable enjoyment and that of the other tenants, to ensure you have access to the premises, equipment and services that we have agreed to provide, to preserve the property, and to deter crime.

Where required by law, signs will be posted informing you that video equipment is operating and recording personal information about you.

What is Captured by the Video Recordings

Your image, movements, actions, or other identifiable information about you, may be captured by the video equipment. Where video equipment captures audio recordings, any sounds or communications you make may be recorded.

Retention and Destruction of Personal Information Recorded by Video Equipment

The recordings captured by the video equipment along with the video equipment will be stored in a secured location. Access to the location and recordings is limited. Hardware is either under supervision or secured in a locked or restricted area. Recordings will be kept for 60 days before being destroyed.

Use of Audio Equipment and Recordings

There are circumstances under which the employer may make audio recordings of its employees, contractors, or tenants. There are several purposes for making the recordings; they include: situations where there are work-related performance issues, to ensure the safety of the workplace, to ensure productivity, and to prevent harassment.

Audio recordings may be made during meetings, interviews, or telephone calls between the employer and an employee. Audio equipment may be operating at other times. Information recorded by the audio equipment may capture communications of any of the following persons: the employer, employee, tenants, contractors, and the general public.

Retention and Destruction of Personal Information Recorded by Audio Equipment

Audio recordings will be kept for 60 days before being destroyed. The recordings may be kept for a longer period if there are on-going issues related to the employment relationship, if required by law, or if litigation is contemplated. The audio recordings will be stored in a secured location. Access to the location and recordings is limited. Hardware is either under supervision or secured in a locked or restricted area.

Disclosure of Personal Information Recorded by Video or Audio Equipment

We may disclose your personal information without your knowledge or consent under certain circumstances. Those circumstances include: if the disclosure is required by law, provided to our lawyers, for the purpose of collecting a debt you owe to us, in compliance with a subpoena, warrant, or issued order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records.

Disclosure may also be made to a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that: it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs, the disclosure is requested for the purpose of carrying out any investigation relating to the enforcement, gathering intelligence for the purpose of enforcing, or enforcing any law of any jurisdiction, or the disclosure is requested for the purpose of administering any law of Canada or a province. Disclosure may be made by an investigative body if the disclosure is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.

Upon our initiative, we may disclose the information to an investigative body or a government institution if we have reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of any jurisdiction that has been, is being or is about to be committed, or if we suspect that the information relates to national security, the defence of Canada or the conduct of international affairs.

If information regarding an identifiable individual is disclosed to a person who needs the information because of an emergency that threatens the life, health or security of an individual and, if the individual whom the information is about is alive, we will inform that individual in writing of the disclosure without delay.

Use Without Knowledge or Consent of Personal Information Recorded by Video or Audio Equipment

We may, without your knowledge or consent, use your personal information if: we become aware of information that we have reasonable grounds to believe could be useful in the investigation of a contravention of the laws of any jurisdiction that has been, is being, or is about to be committed, and the information is used for the purpose of investigating the contravention, it is used for the purpose of acting in respect of an emergency that threatens the life, health, or security of an individual, or has been collected under circumstances in which consent is not required.

Access to Your Personal Information

Upon request, an individual will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate. Such a request must be made in writing. If you require our assistance with preparing your request, you must inform us of your need for assistance.

We will respond to your request within thirty days of receiving the request. If there is a circumstance that prevents us from responding to your request within thirty days, we will provide you with a notice of extension.

In certain situations, we may not be able to provide access to all the personal information we hold about you. The reasons for denying access to this information will be provided to you upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege.

If you believe there has been an unauthorized disclosure of your personal information, you must put your complaint in writing and direct it to our Information Officer.

Employees, agents, or other contractors may have access to the personal information that has been recorded by the video and audio equipment. Disciplinary action will be taken in respect to any employee, agent, or contractor who fails to comply with this privacy policy.

Changes to this Privacy Policy

Millway Residences Inc. reserves the right to change this Privacy Policy from time to time. If Millway Residences Inc. makes a material change, this privacy Policy will be updated accordingly. We recommend that, you periodically review this Privacy Policy, which can be found on our website at www.themillway.ca/privacy, so that you are aware of any changes. Your continued reading of the policy and use of our site following the posting of any changes to this Privacy Policy shall constitute your acceptance of these changes.

Do You Have a Question?

Our Information Officer, Joseph Amato, can be reached at:

3200 Highway 7, Vaughan, ON L4K 5Z5
[email protected]

He will attempt to answer any questions or concerns you might have.

If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Information Officer. He will acknowledge receipt of your complaint, ensure that it is investigated promptly and that you are provided with a formal decision and reasons in writing.

This policy is made under the Personal Information Protection and Electronic Documents Act. It is a complex Act and provides some additional exceptions to the privacy principles that are too detailed to set out here. There are some rare exceptions to the commitments set out above.

For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:

112 Kent Street
Ottawa, ON K1A 1H3

Phone: (613) 995-8210
Toll-free: 1-800-282-1376
Fax: (613) 947-6850
TTY: (613) 992-9190
www.privcom.gc.ca