Effective Date: July 28, 2022
CAPREIT is committed to protecting the privacy of visitors to our website through practices that limit the collection, use and disclosure of Personal Information to what is necessary for the effective operation of our business. This Policy was created to inform you of our commitment to protecting your Personal Information and is based on the fair information principles and relevant requirements contained in applicable data protection laws. This Policy also includes information regarding CAPREIT’s compliance with Canada’s Anti-Spam Legislation (CASL).
Personal Information CAPREIT Collects about You and How CAPREIT Uses It
Depending on how you interact with us, CAPREIT may collect Personal Information directly from you, through automated means, and/or from third-parties or other sources.
The amount of Personal Information collected by CAPREIT is limited to what is necessary for the identified purpose of that collection.
Directly from you
CAPREIT collects Personal Information you provide to the organization by mail, by email, over the telephone, through our website or in any other direct manner, for instance when you apply for a lease, participate in a survey, communicate with us via telephone or email, submit a job application or upload content to our website or respond to CAPREIT posts on other social media.
For example, CAPREIT collects and use the following types of Personal Information you provide directly to us:
- Name and contact information, such as your email address, residential address and telephone number, to communicate with you regarding the administration of your lease or tenancy, job application or other matters relevant to your interactions with us, to inform you by email, phone or mail about our services, events, surveys and other information that may be relevant to you after voluntarily joining our mailing list, and to respond to your request, inquiry or application.
- Information pertaining to your lease application, such as your income, rental history, credit history and employment-related information, when required to determine your suitability for a lease, to confirm your income, to record the necessary details to evaluate your credit worthiness, for the ongoing administration of your lease, to process information related to a job application or offer of employment, and the obligations thereunder, and as otherwise required or permitted by applicable law.
- Information required as part of your tenancy such as emergency contact information and relevant emergency medical information.
- Job application information, which may include some of the information described above, as well as letters of motivation and any additional information provided by you in the application form. We sometimes work with recruitment agencies and job-board websites as part of our talent recruitment strategy. If you apply to a position with CAPREIT through these third parties, relevant PII needed to process your job application may be passed on to us in order to assess your candidacy.
Through automated means
CAPREIT may collect certain types of information using automated means when you visit our rental property, contact us over the phone or interact with our website, including through:
- Video surveillance and recordings when you visit some of our rental properties. CAPREIT uses video recordings to protect you, all CAPREIT residents, employees, job applicants and other individuals who visit our rental properties, and to maintain security of these locations, as further described in the “Video Surveillance and Recordings” section.
- Audio equipment and recordings when you contact us by phone. CAPREIT uses audio recordings for quality assurance and training purposes, as further described in the “Audio Equipment and Recordings” section below.
From Third Parties or Other Sources
CAPREIT may receive Personal Information from third parties, including but not limited to former and present employers and landlords, personal references, and financial institutions when you apply for a lease or position with CAPREIT. In these cases, CAPREIT receives your Personal Information from third party organizations only if CAPREIT has obtained your consent to do so, if you provided your consent to the third party, or if the law requires or permits us to do so.
For example, CAPREIT collects and uses the following types of Personal Information from third parties or other sources:
- Contact information provided by yourself to us, current or prospective residents if you are a co-resident, guarantor or a third-party payor of the rent;
- Credit score and credit report from credit reporting agencies when required to evaluate your credit worthiness in connection with your lease application;
- Income, employment, and reference verification information provided by former and present employers and landlords, personal references, and financial institutions, all of whom are named by you in documents submitted to CAPREIT so that CAPREIT may contact them as part of the process of evaluating your lease application.
You may request to learn more about the information CAPREIT collects about you and how it is handled, including the categories of persons who have access to that information within our company, how long CAPREIT keeps it and the source of information CAPREIT may collect about you from other businesses, by contacting our Privacy Officer at the address indicated in this Policy.
How CAPREIT Shares Your Personal Information and With Whom
CAPREIT may share your Personal Information with our affiliates, our service providers, credit reporting agencies (only if you apply for a lease), your personal references and former and present employers (if you apply for a lease or a job opportunity at CAPREIT and provide consent to do so). With respect to those who enter into a lease, CAPREIT may share your information with other third parties outside of what is mentioned in the lease in connection with the services requested and/or provided, including (i) determining your suitability for a lease, (ii) the ongoing administration of your lease and the obligations thereunder and (iii) for other legitimate business activities as required or permitted by applicable law.
Examples of the manner in which your Personal Information may be shared by CAPREIT include:
- To any co-resident or guarantor or to any third-party payor of your rent if required under your tenancy agreement or related housing agreement;
- Through public directories of residents maintained by CAPREIT (e.g., by the front door); only your name and buzzer number will be shared. If you do not wish to be listed in any directories or wish to be described in a particular way, please let us know by contacting the relevant rental office staff;
- To credit reporting agencies to evaluate your credit worthiness in connection with an application for lease;
- To former and present employers, former and present landlords, personal references, and present banking institution, all of whom are named by you in documents submitted to CAPREIT so that CAPREIT may contact them as part of the process of evaluating your lease or job application, as the case may be, which includes verifying your income, employment and references;
- When necessary to enforce the terms of your tenancy agreement, including collection of any judgment that may be obtained against you as a consequence of breach of the agreement;
- To providers of any security alarm system, cable television, telephone, telecommunication, internet and internet connectivity, hydro-electricity, water/hot water, gas and/or other similar or related services that are available and outlined in the lease agreement. These third-party providers are restricted to using your Personal Information in order to fulfill other than for the purpose of contacting you for the provision of such services, and all of whom are disclosed on Schedule “A” of this Policy from time to time;
- To governmental authorities when required to comply with our legal obligations. For example, CAPREIT may disclose your Personal Information to Canada Customs & Revenue Agency, to whose attention the T-5 interest income tax information return and/or the NR4 non-resident withholding tax information return is submitted (where applicable);
- To our after-hours technology and customer service providers who may have access to such Personal Information incidentally through their administration and servicing of software used by CAPREIT in business operations;
- In connection with a disposition of your building, an assignment of your lease agreement, obtaining financing or otherwise as required or permitted by law;
- When required in the context of a prospective or completed business transaction, such as a transfer of assets or shares or merger, in accordance with applicable legal requirements. For example, CAPREIT may make your Personal Information available to advisors or (potential) buyers of our business or assets if necessary for concluding the transaction and continuing operating the business;
- In order to process a job application; and
- Where you further consent to such disclosure or as otherwise required or permitted by law.
Consenting to CAPREIT’s collection, use and disclosure of your Personal Information
The collection, use or disclosure of your Personal Information by CAPREIT requires your knowledge and consent. At certain times, your consent for the collection, use and disclosure of your Personal Information may be implied from the manner in which it is collected. For example, when you provide CAPREIT with your Personal Information in connection with a lease or job application, you have implicitly consented to CAPREIT collecting, utilizing and disclosing your Personal Information in a manner necessary to determine your suitability for, and administer, your lease or to connect with you related to your job application.
Consent may also be expressly provided by you. If CAPREIT collects, uses or discloses Personal Information for purposes other than those described above, prior to the collection, use and/or disclosure of such Personal Information, unless required to be disclosed by law, you will be informed of and your consent obtained prior to CAPREIT’s collection, use and/or disclosure of that Personal Information. If CAPREIT intends to use and/or disclose Personal Information that CAPREIT previously collected for a new purpose that is not authorized under applicable laws, your consent will always be obtained before CAPREIT uses and/or disclose it for that new purpose.
You may always choose not to supply CAPREIT with your Personal Information. This may impact CAPREIT’s ability to provide you with services.
Collection, Use and Disclosure of Personal Information Without Consent
There are certain circumstances where CAPREIT may, or may be required to, collect, use or disclose your Personal Information without your knowledge or consent. Those circumstances include: if the collection, use or disclosure without your knowledge or consent is required or permitted by law, the Personal Information is provided to our lawyers, for the purpose of collecting a debt you owe to us or resolving a dispute, in compliance with a subpoena, warrant, or issued order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records.
Disclosure may also be made to a government institution or investigative body that has made a request for the information and identified its lawful authority to obtain the information.
Various government agencies (e.g., Canada Revenue Agency, Information and Privacy Commissioner, Human Rights Commission, etc.) have the authority to review our files and interview our employees as a part of their mandates. Also, upon our initiative, CAPREIT may also disclose Personal Information without your knowledge or consent if the information is used for the purpose of acting in respect of an emergency that threatens the life, health, or security of an individual, or has been collected when consent is not required.
Retention of your Personal Information
CAPREIT maintains policies and practices governing the retention and destruction of Personal Information in its possession or custody. CAPREIT retains your Personal Information for as long as it is necessary to fulfill the purposes for which it was collected or used and to comply with applicable laws.
Protection of your Personal Information
CAPREIT will protect your Personal Information in a manner that is consistent with and appropriate to the sensitivity of that Personal Information. For example, CAPREIT employs physical, technical and organizational measures to ensure your Personal Information receives an adequate level of protection while it is under our care, including when your Personal Information is transferred to one of our service providers located outside the jurisdiction where you reside. Our handling of your Personal Information will respect its confidential nature at all times from the time of its collection until its ultimate disposal or destruction.
Data Governance and Security Measures
CAPREIT maintains policies and practices which ensure the protection of your Personal Information. Depending on the volume and sensitivity of the information, the purposes for which it is used and the format in which it is stored, CAPREIT implements a combination of measures to protect your Personal Information, including:
- Internal practices that limit employee access to Personal Information;
- If information is collected or stored in electronic format, technical safeguards such as encryption, firewalls, antivirus software and similar measures;
- A designated Privacy Officer to monitor CAPREIT’s compliance with applicable data protection laws;
- Employee privacy and data security training;
- Procedures for receiving, investigating and responding to complaints or inquiries regarding CAPREIT’s information handling practices, including any security incidents involving Personal Information;
- Framework governing the retention and destruction of Personal Information, as more fully described above in the “Retention of Your Personal Information” section of this Policy;
A list of persons or business entities to whom your Personal Information may be provided after signing a lease, and who may, in turn, send Commercial Electronic Messages (CEMs) to you is attached as a schedule to this Policy under the heading: “Third Party Disclosure”. At this time, CAPREIT has taken steps to generally prohibit third parties from using your Personal Information for the purpose of sending you CEMs unless same are exempt from restrictions of, or are otherwise sent in full compliance with, Canada’s Anti-Spam Legislation (CASL).
CAPREIT undertakes to use reasonable efforts to maintain the accuracy, completeness and currency of your Personal Information that is held by CAPREIT as is necessary to fulfill the purpose for which it was collected and is to be used. CAPREIT may, from time to time, ask you to confirm the accuracy of your Personal Information for such purpose.
Transfers of Personal Information to Other Jurisdictions
CAPREIT may store your Personal Information within or outside of Canada. Some of our service providers may also access, process or store your Personal Information outside the province where you reside. In that case, CAPREIT uses reasonable safeguards to ensure that our service providers protect your Personal Information wherever it is used or stored. When your Personal Information is used or stored in a jurisdiction other than where you reside, it may be subject to the law of that foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.
Use of Video Surveillance, Recordings and Photographs
Video equipment may be installed and operating in common areas of our buildings in which our residents’ rental units are located as well as corporate offices. The video equipment may have capabilities such as zoom, or night-vision features. The video equipment may be operating at all times. Surveillance of the video recordings may occur at any time to ensure the safety of our residents, site staff, contractors, and other visitors to the building.
Photographs may be taken for the administration of business operations or to document incidents.
CAPREIT collects this information to ensure your safety, security and reasonable enjoyment and that of the other tenants, to ensure you have access to the premises, equipment and services that CAPREIT has agreed to provide, to preserve CAPREIT’s property and to deter crime.
Where required by law, signs will be posted informing you that video equipment is operating and recording Personal Information about you. You can contact our Privacy Officer if you have questions regarding the video recordings.
Use of Audio Equipment and Recordings
When you contact our customer service helpline, CAPREIT may make audio recordings of its employees, contractors, residents or other individuals. There are several purposes for making the recordings, which include: situations where there are work-related performance issues in respect of CAPREIT’s role as employer, to ensure the safety of the workplace, for quality control, for training, and to prevent harassment.
Audio recordings may be made during meetings, interviews, or telephone calls between CAPREIT and its employees, vendors and contractors. Calls made to CAPREIT may also be recorded for training and quality control purposes. Information recorded by the audio equipment may capture communications of any of the following persons: the employer, employee, residents, contractors, and the general public.
Exercising your Right to Access or Rectify your Personal Information and Other Privacy Rights
Access to your Personal Information held by CAPREIT may be requested by contacting the Privacy Officer in writing. Upon such written request, you shall, to the extent possible and/or where permitted under applicable law: be informed of the existence, use and disclosure of your Personal Information and
be given access to and ensure the accuracy of that Personal Information.
You also have the right to request the rectification of your Personal Information if it is inaccurate, incomplete or no longer up to date. Depending on where you reside, you may also be entitled to request the rectification or deletions of your Personal Information if our collection, disclosure or retention of such information is not authorized by law.
Any questions with regard to requesting access to, or rectification of, Personal Information or your other privacy rights may be addressed to the Privacy Officer.
Cookies and Similar Technologies
When you visit the CAPREIT website(s), CAPREIT may collect and use your internet protocol address to help diagnose problems with our server and to administer the website, to understand how users interact with the CAPREIT website, and to gather broad demographic information. CAPREIT may also collect web page choices, browser type, operating system, and time you spend on the site, to help CAPREIT improve your experience.
CAPREIT uses “cookies”, a technology that installs a small amount of information on a website user’s computer, to permit our website to recognize future visits using that computer and to avoid having to register your contact information at each visit. Cookies enhance the convenience and use of our website(s). For example, the information provided through cookies is used to recognize you as a previous user of our website(s), to track your activity on our website(s), to respond to your needs, and to otherwise facilitate your experience on our website(s). You may choose to decline cookies if your browser permits, but doing so may affect your use of our website(s) and your ability to access certain features of our website(s) or engage in transactions through our website(s).
Third Party Websites
Additional Rights for European Economic Area (EEA)/ Swiss Residents
If you are from the EEA or Switzerland, you may have the right to exercise additional rights available to you, including:
- Right to erasure: In certain circumstances, you may have a broader right to erasure of Personal Information that CAPREIT holds about you. Please note that CAPREIT may need to retain certain information for record-keeping purposes, to complete transactions, or to comply with our legal obligations
- Right to object to processing: You may have the right to request that CAPREIT stop processing your Personal Information
- Right to restrict processing: You may have the right to request that CAPREIT restricts processing of your Personal Information in certain circumstances (for example, where you believe that the Personal Information CAPREIT holds about you is inaccurate or unlawfully held)
- Right to data portability: You may have the right to be provided with your Personal Information in a structured, machine readable and commonly used format and to request that CAPREIT transfer the Personal Information to another data controller without hindrance
To exercise such rights, please contact CAPREIT as set forth at the end of this Policy.
You also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
Children’s Personal Information
Our website(s) are for those who are over the age of majority. CAPREIT does not knowingly solicit or collect any Personal Information from children under the age of majority through our website. If you are under the age of majority, please do not submit any Personal Information through the website. If CAPREIT is notified or discovers that a child under the age of majority has submitted Personal Information to us, CAPREIT will take reasonable steps to delete the information.
CAPREIT reserves the right to change this Policy from time to time. If CAPREIT makes a significant change, CAPREIT will provide a more prominent notice when required by applicable laws. CAPREIT recommends that you periodically review this Policy, which is available on our website www.capreit.ca, so that you are aware of any changes. Your continued use of our services or website following the posting of any changes to this Policy or after having been informed of such changes shall constitute your acceptance of these changes. The “Effective Date” at the top of this Policy indicates when it was last updated.
Our Privacy Officer is responsible for overseeing CAPREIT’s compliance with this Policy and may be contacted at the following address:
Privacy Officer, Elise Lenser
Canadian Apartment Properties Real Estate Investment Trust
11 Church Street Suite 401
Toronto, ON M5E 1W1
Questions or concerns about our privacy practices
Please address any questions or concerns about our compliance with this Policy or our privacy practices generally to the Privacy Officer by email at email@example.com or at the address indicated above.
Schedule "A": Third Party Disclosure List
Below is a list of Third Parties that the Landlord may provide Personal Information to and who may send you CEMs.
1050 côte du Beaver Hall, Montréal, Québec H2Z 1S4 www.bell.ca
Bragg Communications Inc.
6080 Young Street, Halifax, Nova Scotia B3K 5M3 www.eastlink.ca
Cogeco Cable Canada LP
950 Syscon Road, PO Box 5076, STN LCD 1, Burlington, Ontario L7R 4S6 www.cogeco.ca
Firetronics 2000 Inc.
550 Alden Rd Unit #110, Markham, ON L3R 6A8
Western Fibre Communications Corp.
1100, 225 6th Avenue S.W., Calgary, Alberta, T2P 1N2 getmoby.com
Rogers Communications Partnership
855 York Mills Road, Toronto, Ontario M3B 1Z1 www.rogers.com
TELUS Communications Inc.
510 West Georgia St, Vancouver BC V6B 0M3 www.telus.com
612 St. Jacques Street, Montreal, Quebec h2C 4M8 www.videotron.com