Policies and Practices Governing Governance with Respect to Personal Information
tj-b.ca (hereinafter referred to as “TJB team”) is governed by the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1) (the Act).
Personal Information
Personal information refers to information about an individual that allows, directly or indirectly, identification of that person. A written document, image, video, or sound recording may contain personal information. In the course of its professional activities, TJB team may collect personal information such as name, home address, date of birth, identity card information, social insurance number, income details, marital status, etc.
Consent
TJB team collects, uses, and discloses personal information with the consent of the individual concerned. For consent to be valid, it must be explicit, free, informed, and given for specific purposes. The individual consenting to provide their personal information is presumed to consent to its use and disclosure for the purposes for which it was collected.
Anyone may withdraw their consent to the collection, use, and disclosure of their personal information by TJB team at any time. In such cases, if the collection is necessary for the conclusion or performance of a contract by equipetjb.com, it may not be able to fulfill a service request.
Responsibility
TJB team is responsible for the protection of the personal information it holds in the course of real estate brokerage activities. To this end, equipetjb.com has adopted a privacy policy as well as policies and practices governing the handling of personal information, which aim to oversee the collection, use, disclosure, retention, and destruction of personal information.
Collection of Personal Information
TJB team collects only the personal information necessary for its activities in real estate brokerage. For example, this may include information collected for the purpose of completing a real estate transaction, maintaining records, monitoring professional practice by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), or other purposes determined by equipetjb.com and disclosed to the individual whose consent is being sought.
TJB team encourages its staff to explain in clear, simple terms the reasons for collecting personal information and to ensure that the individual understands.
For the collection of personal information, TJB team encourages its staff to use standardized forms developed by OACIQ.
TJB team may also collect personal information verbally during communications with individuals involved in a transaction or through various documents submitted as part of a real estate transaction (identity documents, financial documents, powers of attorney, etc.).
Use and Disclosure of Personal Information
Personal information is used and disclosed for the purposes for which it was collected and with the consent of the individual concerned. In certain cases provided by law, personal information may be used for other purposes, such as detecting and preventing fraud or providing a service to the individual concerned.
TJB team may be required to disclose personal information to third parties, such as suppliers, co-contractors, subcontractors, agents, insurers (such as the Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec [FARCIQ]), professionals, other regulators, or outside of Quebec.
TJB team may, without the consent of the individual concerned, disclose personal information to a third party if this disclosure is necessary to perform a mandate or contract of service or business. In this case, TJB team will establish a mandate or contract in writing that specifies the measures to be taken by the third party to ensure the protection of the personal information entrusted to them, so that it is used only in the performance of the mandate or contract and destroyed after its completion. The co-contractor must also commit to collaborating with equipetjb.com in case of a breach of confidentiality regarding the personal information.
Before disclosing personal information outside of Quebec, TJB team takes into account the sensitivity of the information, the purpose for which it is used, and the protection measures it will receive outside of Quebec. TJB team will only disclose personal information outside of Quebec if its analysis shows that adequate protection will be provided in the location where it is disclosed.
Retention and Destruction of Personal Information
Once the purposes for which personal information was collected or used have been fulfilled, TJB team must destroy it, subject to a retention period required by law. In this regard, the professional obligations of TJB team require that records be kept for at least seven (7) years following their final closure.
Security Measures
In collecting, using, retaining, and destroying personal information, TJB team applies the necessary security measures to protect the confidentiality of personal information. Specifically, the following measures are in place to prevent or limit the consequences of a confidentiality breach:
- Inventory of personal information held and evaluation of its sensitivity.
- Management of physical and IT access to personal information.
- Staff awareness and training on personal information protection.
- Implementation of internal policies and guidelines to ensure confidentiality and integrity of personal information.
- Establishment of a secure personal information destruction process in accordance with legal timeframes.
- Provision of a response plan and internal guidelines in the event of a security incident.
Confidentiality Incident
A confidentiality incident is any unauthorized access, use, disclosure, or loss of personal information, or any other breach of the protection of personal information.
TJB team has implemented a protocol for managing confidentiality incidents that identifies the individuals assisting the Responsible for the Protection of Personal Information and outlines the concrete actions that must be taken in the event of an incident. This protocol includes the responsibilities expected at each stage of the incident management process, including the measures to ensure the security of the data.
Roles and Responsibilities
- TJB team
- Ensures the confidentiality of information through sound information management practices. Specifically, it provides directives, training, and instructions to staff on the collection, use, storage, modification, consultation, communication, and permitted destruction of personal information.
- Deploys adequate protection measures to reduce the risk of confidentiality incidents, such as IT security, updating personal information policies, staff training, etc.
- Maintains uniform methods of filing documents containing personal information.
- Maintains uniform methods of retaining documents containing personal information, particularly regarding digitization procedures.
- Manages physical and IT access to personal information based on its sensitivity.
- Oversees the secure destruction of personal information and provides directives or instructions to staff regarding secure destruction methods, destruction timelines, etc.
- Responsible for Personal Information Protection
In accordance with the law, TJB team has appointed a Responsible for Personal Information Protection.
This person ensures that these policies are followed and comply with applicable regulations. The name and contact information for this individual are provided in the “Access, Withdrawal, and Rectification Rights” section.
The Responsible for Personal Information Protection handles confidentiality incidents and takes actions as required by law.
The Responsible for Personal Information Protection processes access and correction requests for personal information and handles complaints regarding the treatment of personal information by equipetjb.com.
The Responsible for Personal Information Protection is consulted on privacy impact assessments for any project involving the acquisition, development, or overhaul of an information system or electronic service delivery that involves the collection, use, disclosure, retention, or destruction of personal information. They may suggest measures to ensure the protection of personal information in such projects.
- Staff Members
Staff members at equipetjb.com may access personal information only to the extent necessary to carry out their duties or mandate.
A staff member of TJB team:
- Ensures the integrity and confidentiality of personal information held by TJB team.
- Complies with all TJB team policies and guidelines on access, collection, use, communication, destruction of personal information, and information security, and follows the instructions provided.
- Adheres to security measures in place on their workstation and any equipment containing personal information.
- Uses only equipment and software authorized by TJB team.
- Ensures the secure destruction of personal information when necessary, in accordance with the instructions received, and immediately reports any actions that may constitute a real or suspected breach of security rules related to personal information.
Right of Access, Withdrawal, and Rectification
An individual (or their authorized representative) may request access to the personal information held by TJB team that pertains to them. An individual may withdraw their consent to the collection, use, and disclosure of their personal information at any time. This withdrawal will be recorded in writing.
An individual may request the correction of personal information they believe to be inaccurate, incomplete, or ambiguous in a file concerning them.
TJB team may refuse a request for access or correction in the cases provided by law.
Complaints
An individual who feels wronged may file a complaint regarding the handling of their personal information by equipetjb.com. This complaint must be submitted within 15 days from the day the individual becomes aware of the event giving rise to the complaint.
The complaint must be addressed in writing to the Responsible for Access to Information and Personal Information Protection at the following address:
Responsible for Access to Information and Personal Information Protection
TJB team
by email at info@tj-b.ca
Each complaint must include the following details: the complainant’s name, contact information, and a brief description of the reasons for the complaint.
An anonymous complaint is considered not received.
The Responsible for Access to Information acknowledges receipt of the complaint within 7 working days.
The Responsible for Access to Information investigates the allegations of personal information protection violations contained in the complaint, if applicable. For this purpose, they may request any information or documents held by equipetjb.com. They may also involve the necessary personnel to carry out the investigation.
Within 30 days from the receipt of the complaint, the Responsible for Access to Information communicates their findings to the individual concerned.
Failure to respond to the individual concerned within the aforementioned timeframe results in the complaint being deemed rejected.
