The Privacy Code of Real Estate Professionals Inc.

It is the policy of Real Estate Professionals Inc. to be open and accountable and to protect the personal information of members of the public and our associates. Real Estate Professionals Inc. is responsible for maintaining and protecting all personal information that is in its custody or under its control. In carrying out its responsibility, Real Estate Professionals Inc. will do what a reasonable person would think is appropriate in the circumstances. All employees and associates associated with this office will comply with the requirements of this Code.

The Policy Statement

This office only collects personal information necessary to comply with the law (ex: satisfy FINTRAC regime obligations), to effectively market and sell the property of sellers, to locate, assess and qualify properties for buyers and to otherwise provide professional and competent real estate services to clients and customers. Depending on the circumstances, Real Estate Professionals Inc. may record personal information by way of digital recording or other technique. The recording may be collected, used and disclosed with or without the consent of the individual in accordance with the Personal Information Protection Act (PIPA), the Real Estate Act (REA), its regulations, bylaws and rules.

The Person In Charge

Pranav Khemka, CEO, is the privacy compliance officer responsible for privacy compliance in this office. His/her name shall be made available to consumers. The responsibilities of the privacy compliance officer shall include:

1. Establish and update information protection policies.
2. Ensure policies are implemented by other organizations to which data-processing functions are outsourced.
3. Establish criteria for classification of information.
4. Evaluate the accessibility of sensitive information and take corrective action where necessary.
5. Provide education to employees on the importance of information protection.
6. Attempt to resolve consumer privacy complaints to the reasonable satisfaction of the consumer.

Respond to privacy breaches, including reporting breaches to impacted individuals, the relevant privacy commissioner(s), and any other government institution when notifying that institution may be able to reduce the harm from the breach, when necessary.

The Collection, Use and Disclosure of Personal Information

1. Real Estate Professionals Inc. will only collect information for purposes that are reasonable and only to the extent that is reasonable for meeting the purposes for which the information’s collected.
2. Only the information necessary to facilitate the real estate transaction or otherwise provide professional and competent services to clients and customers will be collected.
3. No personal information shall be collected from an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.
4. Express consent (whether oral or written) must always be obtained except in the following situation: consent may be implied where the information is not sensitive and where it can be reasonably assumed that the individual would expect the information to be disclosed in this fashion, or those listed below in 4(g).
5. Once information is collected, it will be used and disclosed only for the purposes disclosed to the individual.
6. All representation agreements must include the approved privacy clauses.
7. Information is collected directly from the individual the information is about unless the individual consents to the collection of information from another source, or the information may be collected without consent under, but not limited to, the following circumstances:
   1. When a reasonable person would consider that it is clearly in the interests of the individual and Real Estate Professionals Inc. cannot obtain consent in a timely way or the individual would not reasonably be expected to hold back consent.
   2. When the REA, PIPA , or another Act or regulation requires or allows for collection without consent.
   3. If the collection is reasonable for the purposes of an investigation or legal proceeding.
   4. If the information is needed to collect a debt owing to Real Estate Professionals Inc.
   5. If the information is publicly available as defined in the PIPA Regulation.
   6. If the information can be disclosed to Real Estate Professionals Inc. without consent. Or;
   7. If the collection meets the requirements for archival purposes or research set out in the PIPA Regulation and is not reasonable to obtain the individual’s consent.

Disclosure for New Purpose

1. Anyone using personal information for some new purpose that extends beyond the consent already provided must obtain the express consent of the person for that use.
2. Requests for information by law enforcement officials, lawyers, private investigators or other agents or subpoenas for documents issued by the court must be referred to the privacy officer noted above.

Protecting Information

Information must be protected in a manner commensurate with its sensitivity, value and criticality. This policy applies regardless of the media on which information is stored, the locations where the information is stored, the systems used to process the information, or the processes by which information is handled.

1. Collection and Disclosure

   1. Meetings with customers and clients must take place in a place and manner to ensure confidentiality.
   2. Mail, email, faxes and other communications must be routed directly to the intended recipient.
   3. Information should be available to other persons only on a need-to-know basis.
   4. Real Estate Professionals Inc. will only disclose personal information for purposes that are reasonable and only to the extent that is reasonable for meeting the purposes.
   5. Real Estate Professionals Inc. will only disclose information without the individual’s consent as set out in PIPA including but not limited to:
      1. The disclosure is authorized or required by statute or regulation of Alberta or Canada, a bylaw of local government or by legislative instrument of a professional regulatory organization.
      2. The disclosure is necessary to comply with an audit or inspection authorized by a statute or regulation of Alberta or Canada.
      3. To comply with a subpoena, warrant, or order issued by a court or person or body having jurisdiction to compel the production of information or with a rule of court relating to the production of information.
      4. The disclosure is to a public body (under the Freedom of Information and Protection of Privacy Act) or to help in an investigation or a law enforcement proceeding.
      5. To collect a debt owed to the organization.
      6. It is reasonable for purposes of an investigation or a legal proceeding.
      7. It is for the purposes of protecting against, or for the prevention, detection or suppression of fraud, as set out in PIPA.

2. Storage

   1. 1. Filing Cabinets that contain personal, including sensitive, information are to be kept secured at all times.
      2. All personnel have computer passwords. These passwords are confidential and are not to be shared with any unauthorised persons.
      3. Real Estate Professionals Inc. will maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the Identified Purposes or required by law to be retained.

3. Destruction

   1. This office has in place a record retention and destruction policy. Refer to that portion of the policy manual for details.

1. Accuracy of Personal Information

   1. To ensure the quality of the information collected:
   2. 1. Insofar as possible, personal information should be collected directly from the consumer.
      2. Public property information (taxes, assessment data, etc.) should be verified.
      3. Disclaimers of accuracy in the form approved by the office should always be attached to any disclosure of information.
   3. Real Estate Professionals Inc. will ensure that personal information used or disclosed by it will be sufficiently accurate, complete and up to date.
   4. Real Estate Professionals Inc. will update personal information about its employees, associates, customers and clients as and when necessary or upon notification by the individual.

Access to Personal Information

1. 1. The individual set out in Section 3 of being responsible for privacy compliance is the person responsible for responding to access requests and all such requests will be referred to him or her. All staff and associates will co-operate fully with the privacy compliance officer in responding to requests.
   2. On written request and appropriate identification satisfactory to the organization, an individual will be advised of personal information about him/her retained in the firm’s records.
   3. Where information cannot be disclosed (ex: the information contains reference to other individuals or is subject to solicitor-client privilege) the individual will be given reasons for non-disclosure.
   4. Any individual may have appended to a record, any alternative information where the office is of the view that the appended information is, in fact, correct.
   5. A minimal administrative fee may be charged to supply the information. The fee will be $0.50 fee per page for photocopying of records with a minimum fee of $10.00.

Compliance and Procedure For Handling Complaints

1. 1. An individual who believes that Real Estate Professionals Inc. has not complied with this policy has the right to make a writer complaint about the matter to Real Estate Professionals Inc. Real Estate Professionals Inc. will use internal complaint handling procedure to investigate and attempt to resolve the matter.
   2. Any complaints from an individual concerning the collection, use or disclosure of their personal information or concerning the individual’s ability to access their personal information must be referred to the privacy compliance officer, who will attempt to resolve the complaint to the individual’s reasonable satisfaction;
   3. In the event the complaint cannot be resolved internally to the individual’s reasonable satisfaction, he or she will be advised of where to direct the complaint.
   4. A formal request or complaint about Real Estate Professionals Inc.’s compliance with PIPA and the personal information privacy policy, practices and procedures will be made to the privacy compliance officer in writing. The complaint must be in writing and a response in writing will be provided within 45 calendar days of the receipt of the request or complaint.
   5. Real Estate Professionals Inc. will provide the complainant with appropriate assistance to ensure that the complainant has equitable access to the complaint handling procedure.
   6. A complainant will be expected to provide full details of how the complaint arose, including the identification of the parties involved, if known, copies of any relevant documentation and reasons why the complainant believes his or her privacy may have been breached.
   7. A complainant may be represented by legal counsel or other advocate.
   8. Real Estate Professionals Inc. may decide not to investigate a complaint if
      1. The complaint relates to an act or practice that is not a possible breach of the privacy of the individual.
      2. The complaint relates to an act or practice that is no longer reasonably able to be investigated because of the length of time since it occurred.
      3. The act or practice relates to an  event which occurred prior to the organization being subject to this policy.
      4. The complaint is trivial, frivolous or vexatious. Or;
      5. The complaint relates to an act or practice that is the subject of court proceedings that have commences or are intended to be commenced.
   1. If the complaint is found to be justified, Real Estate Professionals Inc. will take appropriate steps to resolve the complaint including, if necessary, amending our policies and procedures.
   10. Real Estate Professionals Inc. will inform the complainant of the outcome of the investigation regarding their complaint.

Questions

1. 1. Please contact Pranav Khemka, CEO, at pranav@repinc.ca for more information.