Barrie and Area Real Estate

 

Barry & Company R.E. Ltd.

Policy On the Collection, Use and Disclosure

Of Personal Information

“Privacy Policy”

1. Objective & Scope of Policy

Barry & Company R. E. Ltd. (hereafter referred to as Barry & Company) is committed to respecting your privacy and has prepared this Policy to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.

This Policy governs Personal Information collected from and about (i) individuals who are or may become Clients of Barry & Company and (ii) individuals or organizations with whom Barry & Company works with.

Using contractual or other arrangements, Barry & Company shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Barry & Company as part of our delivery of real estate services, protect that Personal Information in a manner consistent with the principles articulated in this Policy.

This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Barry & Company retains the right to use aggregated data in any way that it determines appropriate.

In the event of questions about: (i) access to your Personal Information; (ii) Barry & Company’s collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact:

Barry W. Cole

Broker Record/Owner

54B Maple Avenue

Barrie, Ontario.

L4N 1R8

705-722-3411

E-Mail: barry@barry-company.com

2. The Collection, Use & Disclosure of Personal Information

For the purposes of this Policy:

“Client” means an individual who may or has purchased Barry & Company real estate or services to buy or purchase real estate;

"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.

Hyperlinks

Our Web Site contains links t other sites, and other sites may link to our site. Said Web Sites may have different privacy polices and practices then Barry & Company and visitors should therefore read the privacy polices of other Web Sites.

Your provision of Personal Information to Barry & Company means that you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy. If you do not agree with these terms, you are requested not to provide any Personal Information to Barry & Company or a Broker or Sales Representative working with Barry & Company. Unfortunately, certain services can only be offered if you provide Personal Information and consequently, if you choose not provide us with any required Personal Information, Barry & Company may not be able to offer you those services.

This office only collects personal information necessary 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.

Barry & Company, Brokers or sales representatives may use personal information for commission management purposes (e.g. commission financing, commission dispute resolution).

Barry & Company’s use of Personal Information is limited to these purposes. Barry & Company does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no personal information is collected about an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.

Personal information will be collected, to the extent possible, directly from the individual concerned.

Barry & Company does not knowingly collect Personal Information from anyone under the age of 18, especially children under 13, and does not use such information if Barry & Company discovers that it is has been provided by a minor.

Personal Information may also be transferred to another company in the event of a change of ownership of all or part of Barry & Company.

Barry & Company may disclose Personal Information of Clients to organizations that perform services on its behalf. This will only be done if such organizations agree to use such information solely for the purposes of providing services to Barry & Company and, with respect to that information, to act in a manner consistent with this Policy.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Barry & Company is obliged to disclose information without consent. Such circumstances may include:

Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;

Where Barry & Company believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;

Where it is necessary to establish or collect monies owning to Barry & Company;

Where it is necessary to permit Barry & Company to pursue available remedies or limit any damages that Barry & Company may sustain; or

Where the information is public.

Where obliged or permitted to disclose information without consent, Barry & Company will not disclose more information than is required.

3. Accuracy

Barry & Company endeavours to ensure that any Personal Information provided by Clients and in its possession is as accurate, current and complete as necessary for the purposes for which Barry & Company uses that data. Information contained in files that have been closed is not actively updated or maintained.

4. Retention

Barry & Company retains Personal Information as long as Barry & Company believes it is necessary to fulfil the purpose for which it was collected and Firm legal or business requirements.

5. Security

Barry & Company endeavours to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.

Barry & Company further protects Personal Information by restricting access to it to those Employees and Contractors that the management of Barry & Company has determined need to know that information in order that Barry & Company may provide services to Clients.

7. Access to Personal information

Barry & Company permits access to and review of Personal Information held by Barry & Company about an individual by the individual concerned.

If an individual believes any Personal Information concerning that individual is not correct, that person may request an amendment of that information by sending a request to the person indicated in Section 1 of this Policy. Barry & Company reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. Where not required to be retained by the Firm, an individual may also request that Barry & Company delete an individual’s Personal Information from Barry & Company’s system and records. However, due to constraints of computer technology and the fact that Barry & Company backs up its systems, Personal Information may continue to reside in Barry & Company’s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Barry & Company systems in response to an accepted request for deletion.

Barry & Company reserves the right to decline access to Personal Information where the information requested:

a) Would disclose the Personal Information of another individual or of a deceased individual;

b) Would disclose business confidential information that may harm Barry & Company or the competitive position of a third party;

c) Is subject to solicitor-client or litigation privilege;

d) Could reasonably result in: (i) serious harm to the treatment or recovery of the individual concerned; (ii) serious emotional harm to the individual or another individual; or (iii) serious bodily harm to another individual;

e) May harm, or interfere with, law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;

f) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or

g) Does not exist, is not held, or cannot be found by Barry & Company.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Where information will be disclosed, Barry & Company will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.

Barry & Company will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is amended, the purpose for which the information is used, and the nature of the information.

To guard against fraudulent requests for access, Barry & Company will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.

8. Amendment of Practices and This Policy

This statement is in effect as of January 1^st, 2004. Barry & Company will from time to time review and revise its privacy practices and this Policy. In the event of any amendment, an appropriate notice will be communicated to Clients and others in an appropriate manner.