1.0 ACCEPTANCE OF TERMS AND CONDITIONS
1.1 This Policy was developed by Breakside Real Estate Group to govern the collection, use, disclosure, retention, and disposal of personal information received by Breakside Real Estate Group, and its subsidiary, related or affiliated corporate entities, or its agents (collectively, “Breakside”), regardless of the manner in which the personal information is provided to Breakside. This Policy is compliant with federal and provincial privacy laws, including the Personal Information Protection and Electronic Documents Act, the Freedom of Information and Protection of Privacy Act, and the Personal Information Protection Act (collectively, the “Privacy Protection Legislation”). Breakside is entitled to amend, revise, modify, or replace in its entirety, the terms and conditions of this Policy, at the sole discretion of Breakside, without prior notice to the Users (hereinafter defined in subsection 1.2).
1.2 Breakside is committed to the delivery of excellent customer service, including services provided through Breakside’s website located at http://breakside.ca/, or any component thereof (collectively, the “Breakside
Website”). Breakside is committed to ensuring the security and integrity of all personal information that may be collected, used, disclosed, retained, and/or disposed by Breakside from the users of the Breakside Website (individually, the “User”, or collectively, the “Users”). Any time the Users provide its personal information to Breakside, the Users’ personal information will be protected in accordance with the terms and conditions of this Policy.
1.3 Each User must read this Policy prior to using the Breakside Website. If a prospective User does not agree to the terms and conditions of this Policy, as amended from time to time, the prospective User must refrain from using the Breakside Website. By using or continuing to use the Breakside Website, the Users confirms acceptance of the terms and conditions of this Policy, as may be amended from time to time.
2.0 PERSONAL INFORMATION & PERMITTED USES
2.1 Personal information is any information about an identifiable individual and includes the following information: names, phone number, address, e-mail address, financial information, and any other information about an identifiable individual.
2.2 Breakside only collects personal information about identifiable individuals if such personal information is voluntarily submitted or otherwise provided to Breakside from the Users or agents of Users. If a User utilizes the Breakside Website’s forms, the User confirms that the User is voluntarily providing personal information to Breakside. Any personal information collected by Breakside will be used, disclosed, retained, and/or disposed in accordance with the terms and conditions of this Policy.
2.3 Consent may also be implied where a User is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services, and the User does not opt-out.
2.4 By using the Breakside Website, the User consents to Breakside’s collection of the User’s personal information and authorizes Breakside to use the User’s personal information for any and all of following purposes (collectively, the “Permitted Uses”)
a. to provide the User with requested services;
b. to develop, enhance and/or market products and services to the User;
c. to confirm information provided by the User to ensure accuracy and completeness;
d. to use in the analysis related to the efficient operation of and improvement of Breakside;
e. to maintain ongoing professional relationships with the User;
f. to have tracking information used in accordance with this Policy;
g. to be used in the course of Breakside obtaining professional advice;
h. to be used in any manner necessary to fulfilling a legal obligation placed on Breakside by law; and
i. to be used in any manner by Breakside that is authorized by Privacy Protection Legislation.
2.5 Breakside will never use the personal information of Users for purposes other than the Permitted Uses and Breakside will not rent, sell or give the Users’ personal information to third parties.
2.6 If the User withdraws consent to the User’s personal information to be used for one or more of the Permitted Uses, the User must notify Breakside in writing (the “Withdrawal of Consent”). After receipt of such a written notice, Breakside will take steps to ensure that the use of any personal information is in compliance with any such written notice, subject to obligations of Breakside under the Privacy Protection Legislation. The Users acknowledges and understands that if a Withdrawal of Consent is delivered to Breakside, Breakside may discontinue services provided to the User as a result of the User’s removal of consent to use the personal information for any or all of the Permitted Uses.
3.0 The Breakside Website
3.3 Breakside is entitled to change, modify, or replace the Breakside Website, or any component thereof, at any time at its sole discretion without prior notice to the Users, including without limitation, changes to services offered through the Breakside Website.
3.4 Breakside reserves the right to change, modify, replace, suspend, interrupt, or terminate the operation of or access to the Breakside Website, or any component thereof, at any time for any reason whatsoever, without notice to the Users, including without limitation:
a. making changes to services offered through the Breakside Website; and
b. modifying access to the Breakside Website, or components thereof, as necessary to perform routine or non-routine maintenance.
3.5 The User acknowledges that the information provided on the Breakside Website may contain errors, mistakes, or out-of-date information with respect to the services offered for sale by Breakside. The information provided through the Breakside Website is not guaranteed by Breakside to include the most current, relevant, and up-to-date information about the services offered through the Breakside Website and as such, the Users agree not to rely on the information provided through the Breakside Website.
4.0 ACCESS, CORRECTIONS & DESTRUCTION OF PERSONAL INFORMATION
4.1 At any time by writing to the Privacy Officer, the User may request to examine the User’s personal information that is in the possession and control of Breakside, provided that the examination will be carried out in accordance with applicable Privacy Protection Legislation.
4.2 At any time by writing to the Privacy Officer, the User may request a correction of the User’s personal information. Upon receipt of any such request, Breakside will take commercially reasonable steps to ensure that personal information about Users are accurate, complete and up-to-date, provided that the personal information and amendments thereto will be carried out in accordance with this Policy, and/or applicable Privacy Protection Legislation.
4.3 Breakside is committed to protecting personal information in the possession and control of Breakside and will implement commercially reasonable procedures to prevent the unauthorized access, use and disclosure of personal information.
4.4 Breakside will not collect, use, disclose, or retain any personal information unless:
a. it is necessary in order for Breakside to use the personal information for one or all of the Permitted Uses;
b. it is necessary in order for Breakside to use the Tracking Information in accordance with this Policy; and/or
c. it is necessary in order for Breakside to comply with applicable Privacy Protection Legislation.
4.5 Breakside will retain personal information for only as long as necessary under subsection 4.4 (the “Retention Period”). After the expiration of the Retention Period, if applicable, Breakside will remove, dispose of, and permanently destroy the personal information in the possession and control of Breakside.
5.0 COMMITMENT TO PROTECTION
5.2 The following set out the safety protocols are used by Breakside to ensure protection of personal information in the possession and control of Breakside:
a. storing and processing all personal information received by Breakside is in a secured area;
b. restricting access to the personal information to a limited number of authorized personnel;
c. requiring authorized personnel to log in using their username and password to access personal information;
d. physically restricting access to records containing paper copies of personal information to authorized personnel;
e. requiring all Breakside employees to affirm the employee’s agreement to treat the personal information in accordance with this Policy.
5.3 If Breakside becomes aware of any breach of the provisions of this Policy, Breakside will take immediate action to correct any breach and notify those Users that have been affected by the breach and inform them of the steps that have been taken by Breakside to remedy the issue as soon as is practicably possible.
6.0 LIMITED LIABILITY & WAIVER
6.1 Breakside has no liabilities to anyone, including the Users in respect of the personal information in the possession and control of Breakside (including loss, destruction, or theft of personal information), except for the duty of reasonable care in the safekeeping of personal information in accordance with the Privacy Protection Legislation.
6.2 The User hereby irrevocably and unconditionally waives, releases and forever discharges Breakside, and its officers, directors, servants, employees, agents, and each of their heirs, executors, administrators, successors and assigns, of and from any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which the User now have or can, shall or may have for in the future by reason of or arising out, or in connection with the User’s use of the Breakside Website.
6.3 The Breakside Website may contain links to third-party websites, which may request and collect personal information from and about the Users. Breakside is not responsible for the privacy practices of these third parties, the content of their websites, nor their treatment of any personal information provided to these third parties. Breakside encourages Users to be aware of when the User has left the Breakside Website and to review the privacy statements of each third party website, prior to submitting, releasing or otherwise providing the User’s personal information to the third party website.
7.0 GENERAL PROVISIONS
7.1 The Policy will be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada. The User hereby consents and submits to the exclusive jurisdiction of the courts of the Province of British Columbia in any action or proceedings related to the User’s personal information and its treatment under this Policy.
7.2 Breakside has appointed a Privacy Officer to oversee all aspects of this Policy, including the implementation, revisions, and enforcement of this Policy. If anyone has any questions or concerns regarding the use of personal information and/or this Policy, please contact the Privacy Officer of Breakside, in writing:
150-17650 66A Street
Surrey, BC, V3S 4S4