Birds Nest Properties through the course of its duties must collect private information from owners, tenants and applicants. This information will be collected through forms, applications and contracts and may include, but is not limited to, banking information, personal addresses, phone numbers, credit reports, personal references and property information. Protecting this personal information is one of our highest priorities.
We will inform our owners, tenants and applicants of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Birds Nest Properties.
Personal Information – means information about an identifiable individual such as name, age, bank information, home address, residency, education, employment information, etc. Personal information does not include contact information.
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Privacy Officer – means the individual designated responsibility for ensuring that Birds Nest Properties complies with this policy and PIPA.
Policy 1 – Collecting Personal Information
1.1 Unless the purposes for collecting personal information are obvious and the owner, tenant or applicant voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect owner, tenant and applicant information that is necessary to fulfill the following purposes:
- To verify identity;
- To assess suitability for tenancy;
- To understand the property management needs of our owners;
- To open and manage an account;
- To deliver requested services;
- To ensure a high standard of service to our owners and tenants;
- To meet regulatory requirements;
- To collect and process rent payments;
Policy 2 – Consent
2.1 We will obtain owner, tenant and applicant consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided in writing, electronically, through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the owner, tenant or applicant voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where an owner, tenant or applicant 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 or products, and the owner, tenant or applicant does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), owner, tenant or applicant can withhold or withdraw their consent for Birds Nest Properties to use their personal information in certain ways. An owner’s, tenant’s or applicant’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the owner, tenant or applicant in making the decision.
2.5 We may collect, use or disclose personal information without the owner’s, tenant’s or applicant’s knowledge or consent in the following limited circumstances:
- When the collection, use or disclosure of personal information is permitted or required by law;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the personal information is available from a public source (e.g., a telephone directory);
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt;
- To protect ourselves from fraud;
- To investigate an anticipated breach of an agreement or a contravention of law
Policy 3 – Using and Disclosing Personal Information
3.1 We will only use or disclose owner, tenant or applicant personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
- To conduct owner, tenant and applicant in order to enhance the provision of our services;
- To contact owner, tenant and applicant directly about products and services that may be of interest;
3.2 We will not use or disclose owner, tenant and applicant surveys personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell owner, tenant and applicant surveys lists or personal information to other parties unless we have consent to do so.
Policy 4 – Retaining Personal Information
4.1 If we use owner, tenant or applicant personal information to make a decision that directly affects the owner, tenant or applicant we will retain that personal information for at least one year so that the owner, tenant or applicant has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain owner, tenant and applicant personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Policy 5 – Ensuring Accuracy of Personal Information
5.1 We will make reasonable efforts to ensure that owner, tenant or applicant personal information is accurate and complete where it may be used to make a decision about the owner, tenant or applicant or disclosed to another organization.
5.2 Owners, tenants or applicants may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the owner’s, tenant’s or applicant’s correction request in the file.
Policy 6 – Securing Personal Information
6.1 We are committed to ensuring the security of owner, tenant or applicant personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that owner, tenant or applicant personal information is appropriately protected:
- the use of locked filing cabinets;
- physically securing offices where personal information is held;
- the use of user IDs, passwords, encryption, firewalls;
- restricting employee access to personal information as appropriate
- contractually requiring any service providers to provide comparable security measures.
6.3 We will use appropriate security measures when destroying owner’s, tenant’s or applicant’s personal information such as shredding documents, deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 – Providing Clients, Customers, Members Access to Personal Information
7.1 Our owner, tenant or applicant have a right to access their personal information, subject to limited exceptions set out in section 23 of PIPA, including if disclosure would reveal personal information about another individual, health and safety concerns.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. A request to access personal information should be forwarded to the Privacy Officer.
7.3 Upon request, we will also tell the owner, tenant or applicant how we use their personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.6 If a request is refused in full or in part, we will notify the owner, tenant or applicant in writing, providing the reasons for refusal and the recourse available to the owner, tenant or applicant.
Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 The Privacy Officer is responsible for ensuring Birds Nest Properties’s compliance with this policy and the Personal Information Protection Act.
8.2 Owners, tenants or applicants should direct any complaints, concerns or questions regarding Birds Nest Properties’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the owner, tenant or applicant may also write to the Information and Privacy Commissioner of British Columbia.
Contact information for Birds Nest Properties’ Privacy Officer:
Birds Nest Properties
675 Market Hill
Canada V5Z 4B5