Overview and Scope
Privacy Rights and Accountability
PIPEDA defines "personal information" broadly as any information about an identifiable individual. Generally speaking, personal information does not include "business contact information" such as the name, job title, business address, or business telephone number of an employee of an organization.
FirstService obtains your consent before it collects, uses, or discloses your personal information. Normally, FirstService asks for your consent in writing, but in some circumstances, it may accept your oral consent. Sometimes, your consent may be implied through your conduct with FirstService.
There may be circumstances where you have provided personal information for an identified purpose, and FirstService later needs to use that information for a different purpose. In such circumstances, FirstService will seek your consent to use the information for the new purpose.
Why FirstService Collects, Uses and Discloses Your Personal Information
FirstService collects, uses and discloses your personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including, as applicable, for the following purposes:
- to manage its business;
- as permitted by, and to comply with, applicable legal or regulatory requirements; and
- to further any other purpose for which it has your consent.
FirstService may also ask for and collect your personal information at certain points throughout the Website. In addition to the information you knowingly provide, FirstService collects the domain names and IP addresses of its visitors, along with usage statistics (e.g., types of web browsers and operating systems used) and browsing history. This data is used to more efficiently operate FirstService's business and administer the Website. As well, FirstService collects any information you may choose to provide in your communications with it.
How FirstService Collects, Uses and Discloses Your Personal Information
FirstService collects your personal information by lawful means and, wherever appropriate, directly from you. Wherever possible, FirstService limits the amount of personal information it collects, uses or discloses to that necessary and appropriate to more efficiently operate our business.
When FirstService Discloses Your Personal Information
- when necessary to comply with court orders, regulatory rules, or to satisfy FirstService's insurance requirements; and
- in connection with a business transaction involving FirstService.
Please note that there are circumstances where the use and/or disclosure of personal information may be justified or permitted or where FirstService may or must disclose information without your consent, in accordance with applicable law. For example, FirstService may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where FirstService has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect FirstService's rights and property. Where obliged or permitted to disclose information without consent, FirstService will not disclose more information than is required for the purpose that obligates or permits it to disclose such information.
Disclosure of Your Personal Information to Service Providers
When FirstService may disclose or transfer your personal information to a third party to provide administrative and other services, it uses appropriate measures to ensure that the third party will only use your personal information to perform the services FirstService has specified. The increasingly global nature of FirstService's business sometimes requires it to use administrative service providers who may be located in the United States of America or elsewhere outside of Canada. Accordingly, your personal information may be transferred throughout Canada or outside of Canada and if so, it will be subject to the legal requirements of the applicable foreign jurisdictions, including local requirements to disclose information to courts, law enforcement and national security authorities.
To the extent FirstService enters into arrangements with service providers, agents and contractors to store, handle or process personal information on its behalf, such as for data processing, document storage software support and office services, FirstService's policy will be to require such parties by contractual or other means to provide comparable privacy protection while the information is processed or handled by them.
Where FirstService Stores Your Personal Information
Your personal information is stored in secured locations and on servers controlled by FirstService, located either at our offices or at the offices of our service providers. Your personal information may be processed, accessed and/or stored in Canada or another jurisdiction, and will be subject to the laws of that jurisdiction.
Security of Your Personal Information
FirstService uses the standard safeguards applicable to its industry to protect the security of personal information in its possession, including physical, organizational and technological measures. These measures include:
- premises security;
- restricted access to files that contain personal information;
- technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
However, no method of transmitting or storing information is completely secure. While FirstService takes appropriate measures to protect your personal information, there is always a risk that it may be lost, intercepted or misused. FirstService may exchange electronic versions of documents and e-mails with you using commercially available software that may be vulnerable to attack by viruses and other destructive electronic programs. FirstService cannot guarantee that all communications and documents sent via e-mail will always be received, or that such communications and documents will always be virus free. FirstService makes no warranty with respect to the integrity of any electronic communications between FirstService and you or with respect to the security of any such communications and you consent to FirstService's exchange of electronic communications, including confidential documents.
Accessing Your Personal Information
You may ask for access to any personal information FirstService holds about you. Summary information is available on request.
Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
Updating the Accuracy of Your Personal Information
You can help FirstService maintain the accuracy of your personal information by notifying FirstService of any changes to your personal information. If FirstService holds information about you and you advise us that it is not accurate, complete and up-to-date, FirstService will take reasonable steps to correct it.
Being Denied Access to Your Personal Information
Your rights to access your personal information are not absolute. FirstService may deny access when:
- denial of access is required or authorized by law;
- information relates to existing or anticipated legal proceedings against you;
- granting you access would have an unreasonable impact on other people's privacy;
- protecting FirstService's rights and property; and
- your request is frivolous or vexatious.
If FirstService denies your request for access to your personal information, or refuses a request to correct information, FirstService will explain why.
Personal Information and Website
The Website may use "cookies", a technology that installs information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. The use of cookie technology is common on the Internet, and many Internet browsers are initially set to accept cookies automatically.
Like many other websites, the Website may make use of "per session" and "persistent" cookie technology. Per session cookies track information during an open session and are stored only temporarily in your computer's memory. Persistent cookies are deposited on a visitor's computer until they expire or until the visitor deletes the cookies. Information from these cookies help FirstService analyze traffic patterns to the Website, including the total number of visitors, the geographical location of the visitor, and the types of Internet browsers (e.g., Google Chrome or Internet Explorer) and operating systems (e.g., Windows or Macintosh) that the Website's visitors use. FirstService uses this information to facilitate and enhance your online visits. FirstService does not cross-reference this information with any type of personal information that is voluntarily offered through the Website.
On the Website, like most other commercial websites, FirstService may monitor traffic patterns, site usage and related site information. This is done in order to optimise its web service. FirstService may provide aggregated information to third parties, but these statistics do not include any personal information.
The Website may use Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. FirstService uses such information to compile reports and to help it improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, please click on the following link: https://tools.google.com/dlpage/gaoptout.
The Website may also use third party vendor re-marketing tracking cookies, including the Google AdWords tracking cookie. This means FirstService may show ads to you across the Internet, specifically on the Google Display Network. FirstService does not collect personal information through the use of Google's or any other third party remarketing system. Rather, the third party vendors will place cookies on web browsers in order to serve ads based on past visits to the Website. This allows FirstService to continue to market its services to those who have shown interest in FirstService.
Link to Third Party Websites and Social Media Platforms
Our Website may contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Website.
Collecting Personal Information of Children
Our Website and marketing activities are not directed to children under the age of 13, and we do not knowingly collect, maintain, or use personal information from children. If we become aware that we have collected the personal information of children, we will promptly take steps to delete such personal information. If you discover your child has provided us personal information without your consent, please contact us.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Serious Privacy Breach notifications
FirstService will notify you of any breach of the security safeguards involving your personal information under FirstService's control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you (a "Serious Privacy Breach"). This notice will be conspicuous and given to you in the manner prescribed under PIPEDA as soon as feasible after FirstService determines that such a breach has occurred.
Likewise, FirstService will report any Serious Privacy Breach to the Office of the Privacy Commissioner of Canada in the manner prescribed under PIPEDA as soon as feasible after FirstService determines that such a breach has occurred.
1255 Bay Street
Canada, M5R 2A9 Attention: Director, Marketing & Communications email@example.com
If you are not satisfied with FirstService's response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Place du Ville Tower, 3rd Floor
Ottawa, Ontario K1A 1H3