StayLant and Privacy Issues
StayLant Privacy Policy
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StayLant Capital’s Privacy Commitment
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Summary of
Principles
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Scope and
Application
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Definitions
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Privacy Policy
in Detail
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Use of
Personal Information
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Disclosure of Personal Information
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Retention of Personal Information
Privacy for Visitors to
StayLant .com
StayLant Capital is a
leading, fully integrated real estate services company
providing investment management, property management,
leasing and development services to clients across
Canada
and in select
U.S.
markets. While privacy
has always been treated as a priority at StayLant , we
have now taken more formal steps to promote responsible
and transparent practices in the management of personal
information in accordance with various privacy
information protection statues. This Privacy Policy
describes StayLant ’s policies regarding the collection,
use, disclosure, and retention of Personal Information.
We ensure that our employees sign a code of business
conduct that requires the safeguarding and proper use of
confidential information, including personal information.
We also have appropriate controls on the protection of
personal information within our systems and websites and
ensure that our employees are trained to respect privacy
of personal information at all times.
StayLant will continue to review and amend its Privacy
Policy to ensure it remains current with the changing
environment and regulations and it may be supplemented
or modified by agreements entered into between StayLant
and an individual or organization from time to time.
2. Summary of
Principles
Principle 1 – Accountability
StayLant is responsible for personal information under
its control and shall designate one or more individuals
who are accountable for the company’s compliance with
the Privacy Policy.
Principle 2 – Collection and
Purpose of Personal Information
StayLant shall identify the purposes for which personal
information is collected at or before the time the
information is collected.
Principle 3 – Consent for
Collection, Use or Disclosure of Personal Information
The
knowledge and implicit or explicit consent of the
individual are required for the collection, use or
disclosure of personal information, except where
inappropriate or not required.
Principle 4 – Limiting Collection
of Personal Information
The
collection of personal information shall be limited to
that which is necessary for the purposes identified by
StayLant . Information shall be collected by fair and
lawful means.
Principle 5 – Limiting Use,
Disclosure and Retention of Personal Information
StayLant shall limit the use and disclosure of personal
information to those purposes for which it was collected,
except with the consent of the individual or as required
by law. StayLant shall retain personal information only
as long as necessary for the fulfillment of those
purposes.
Principle 6 – Accuracy of Personal
Information
Personal information shall be as accurate, complete and
up-to-date as necessary for the purposes for which it is
to be used.
Principle 7 – Security Safeguards
StayLant shall protect personal information by the use of
security safeguards appropriate to the sensitivity of
the information.
Principle 8 – Openness Concerning
Policies and Practices
StayLant will make available to customers, employees and
other parties with whom it does business, specific
information about its policies and practices relating to
the management of personal information.
Principle 9 – Access to Personal
Information
Upon
request, StayLant shall inform an individual of the
existence, use and disclosure of his or her personal
information and shall give the individual access to the
information. An individual shall be able to challenge
the accuracy and completeness of the information and
have it amended as appropriate.
Principle 10 – Challenging
Compliance
An
individual shall be able to address a challenge
concerning compliance with the Privacy Policy to the
designated individual or individuals accountable for
StayLant ’s compliance.
3.
Scope and Application
The ten principles
outlined form the basis of the StayLant Privacy Policy
and are interrelated. StayLant shall adhere to the ten
principles as a whole which must be read in conjunction
with accompanying commentary which is tailored to
reflect the specific circumstances of StayLant .
The Privacy Policy applies to personal information about
StayLant ’s customers, suppliers, employees or other
individuals that is collected, used or disclosed by
StayLant and to the management of personal information in
any form, whether oral, electronic or written.
This Privacy Policy applies to all of StayLant ’s
companies including StayLant Capital Limited Partnership,
StayLant Real Estate Services Limited Partnership,
StayLant Retail Services Limited Partnership, and StayLant
Investment Management Limited Partnership, StayLant
Capital US Inc, and StayLant Residential LLC (collectively,
“StayLant ”).
StayLant ’s U.S.
companies, including StayLant Capital US Inc and StayLant
Residential LLC, may have more specific guidelines than
outlined in this policy to ensure compliance with
applicable
U.S.
legislation.
Fairwinds Real Estate Management Inc. is subject to its
own privacy policies.
4.
Definitions
Disclosure
means anytime Personal Information is transferred to a
third party outside StayLant .
Personal Information
means any information about an identifiable individual,
such as a customer, supplier, employee or other
individual, but does not include:
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An individual’s business
contact information including the name, position name
or title, business telephone number, business address,
business e-mail, and business fax number of an
individual
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Other information about
an individual that is publicly available information
as designated under applicable laws, such as
information available from a public registry.
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Aggregated information
that cannot be associated with a specific individual.
Purposes
means the purposes for the
collection, use, or disclosure of Personal Information
that have been identified to an individual by StayLant ,
including the purposes described in this Privacy Policy.
Use
means use which
occurs any time data about an identifiable
individual is accessed, manipulated, altered or deleted
within StayLant .
5.
Privacy Policy in Detail
Principle 1 - Accountability
StayLant is responsible for
the Personal Information under its control, and we have
designated a Privacy Officer who is responsible for our
compliance with this Privacy Policy and with applicable
laws. Other individuals within StayLant may be
delegated to act on behalf of the Privacy Officer and
StayLant shall use appropriate means to provide a
comparable level of protection while information is
being processed by a third party.
You may contact our Privacy Officer as follows:
Principle 2 – Collection and Purpose of Personal
Information
StayLant shall identify the
Purposes for which Personal Information is collected at
or before the time the information is collected.
StayLant collects Personal Information for the following
purposes:
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To establish and
maintain commercial relationships with customers and
provide ongoing service;
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To manage and develop
StayLant ’s business and operations, including employee
and personnel matters; and
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To meet legal and
regulatory requirements
StayLant collects Personal
Information for these purposes through various means
including, but not limited to:
General
Property Management and Leasing
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applications for tenancy
including credit applications (may collect credit-related
or other information about the individual from a third
party credit reporting agencies, banks, references,
etc)
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applications for
specialized services and memberships, such as parking,
fitness facilities or golf club memberships
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leases and other
associated agreements entered into with StayLant
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commercial agreements
entered into with StayLant
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emergency or incident
reporting including video and other surveillance for
insurance and risk management purposes
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video
surveillance, swipe cards and other information for
general security purposes
Investment Management
Employment
Principle 3 – Consent for Collection, Use or Disclosure
of Personal Information
The knowledge and implicit
or explicit consent of an individual is required for the
collection, use or disclosure of Personal Information,
except where inappropriate or not required.
Requirements for consent to collection, use, or
disclosure of Personal Information vary depending on
circumstances and on the type of Personal Information
that is intended to be collected, used, or disclosed.
§ In
obtaining consent, StayLant shall use reasonable efforts
to ensure that an individual is advised of the Purposes
for which the Personal Information will be used or
disclosed.
§ Generally,
StayLant will seek consent at the same time that it
collects the information. However, StayLant may seek
consent to use and disclose personal information after
it has been collected, but before it has been used or
disclosed for a new purpose.
§
StayLant will
require individuals to consent to the collection, use or
disclosure of Personal Information as a condition of the
supply of a service or employment if such collection,
use or disclosure is required to fulfill the identified
purposes.
§
In
determining whether consent is required and, if so,
which form of consent is appropriate, StayLant will take
into account both the sensitivity of the Personal
Information and the purposes for which StayLant will use
the information. Consent may be express or implied (including
through use of “opt-out” consent where appropriate). For
example, if an individual provides his/her mailing
address and requests information regarding a particular
service, consent to use the address to provide the
requested information may be implied.
§
In general,
the use of services by an individual constitutes implied
consent for StayLant to collect, use and disclose
Personal Information for all identified Purposes.
§
StayLant can
collect, use and disclose employee Personal Information
without the consent of the individual where the
collection, use or disclosure is reasonable for the
purposes of establishing, managing or terminating an
employment relationship between StayLant and the
individual.
§ On
giving reasonable written notice to StayLant , an
individual may withdraw consent to the collection, use,
or disclosure of his or her Personal Information subject
to legal or contractual restrictions. Upon notice of
withdrawal of consent, StayLant will notify the
individual of the likely consequences of withdrawing his
or her consent and, except where otherwise required or
permitted by law, StayLant will stop collecting, using,
or disclosing the Personal Information as requested.
If a person provides
StayLant or its service providers or agents with Personal
Information about an individual, the person represents
that it has all necessary authority and/or has obtained
all necessary consents from such individual to enable
StayLant to collect, use, and disclose such Personal
Information for the purposes set forth in this Privacy
Policy.
StayLant may collect, use
or disclose Personal Information in certain limited
circumstances without the knowledge and consent of the
individual. Examples of this include:
§
StayLant may
collect or use Personal Information if it is clearly in
the interests of the individual and consent can not be
obtained in a timely way, such as when the individual is
seriously ill, mentally incapacitated, or in the case of
an emergency where the life, health or security of an
individual is threatened.
§
StayLant may
disclose personal information without knowledge or
consent to collect a debt, to comply with a subpoena,
warrant or other court order, or as may otherwise be
required or authorized by law.
§
StayLant may
collect, use or disclose personal information without
the knowledge and consent of the individual if seeking
consent of the individual is reasonably expected to
compromise the availability or the accuracy of personal
information reasonably required for an investigation or
a proceeding such as in the case of an investigation of
a breach of agreement or contravention of federal or
provincial law.
Principle 4 – Limiting Collection of Personal
Information
Except where required or
permitted by law, StayLant will limit the collection of
Personal Information to the Personal Information that is
necessary to fulfill the Purposes. StayLant will collect
Personal Information by fair and lawful means.
§ StayLant
primarily collects Personal Information directly from
its customers, suppliers or employees.
§ StayLant
may also collect Personal Information from other sources
including credit agencies, employers or personal
references, or other third parties who represent that
they have a right to disclose the information.
Principle 5 – Limiting Use, Disclosure and Retention of
Personal Information
StayLant shall limit the use and disclosure of personal
information to those purposes for which it was collected,
except with the consent of the individual or as required
by law. StayLant shall retain personal information only
as long as necessary for the fulfillment of those
purposes.
6.
Use of
Personal Information
StayLant uses Personal
Information collected from customers, potential
customers, and other individuals as follows:
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to respond to
requests for information regarding StayLant ’s products
and services
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to determine
whether to provide products or services to a customer
or potential customer, such as assessing and
confirming the accuracy of information provided in
applications for tenancy and assessing
creditworthiness, or to determine whether to establish
a commercial relationship with suppliers or other
third parties
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to communicate with
customers when required, outside of regular business
channels
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to establish, manage, or
terminate our relationship with and to provide
services and products to customers, including to issue
invoices, to collect and process payments, and to
fulfill contractual obligations
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to distribute any
StayLant publications that may be provided to
individuals other than at business addresses
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to detect and protect
against fraud, theft, breach of contract, or non-compliance
with an obligation by customers, tenants, or others
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as required or permitted
by law
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for additional purposes
that may be identified at or before the time that the
information is collected or for new purposes to which
an individual has consented.
Access to Personal
Information is limited to those employees and service
providers of StayLant who require access in connection
with the Purposes.
7.
Disclosure of Personal Information
StayLant may disclose
certain Personal Information to third parties or to
affiliated entities as reasonably required in connection
with the Purposes, as otherwise consented to by an
individual, and where required or permitted by law,
including as follows:
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to an organization or
individual retained by StayLant to assist in respect of
any Purposes, such as service providers engaged by
StayLant to provide data processing services,
facilities management services, call centre operations,
processing and sending of mail-outs, or building
maintenance
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a credit reporting
agency
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references for customers
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to ClikFix, StayLant ’s
branded tenant service response system
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to an organization or
individual retained by StayLant to evaluate an
individual’s or organization’s creditworthiness or to
collect debts outstanding on an account
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to a financial
institution in connection with the assignment of a
right to receive payment, the provision of security,
or other financing arrangements
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to a person who, in the
reasonable judgment of StayLant , is providing or
seeking the information as the agent of the individual
for which the information is sought
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to legal, accounting,
financial, insurance, and other advisors as reasonably
required in connection with the Purposes or the
operation of its business
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to law
enforcement agencies in connection with the
investigation of unlawful acts
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to governmental
or regulatory agencies as required or permitted by law
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to a third party
in connection with the sale, reorganization, or
financing of all or part of StayLant ’s business or
operations
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for additional purposes
that may be identified at or before the time that the
information is collected or disclosed or for new
purposes to which an individual has consented.
StayLant may
disclose Personal Information about its employees:
In respect of Personal
Information disclosed to third parties, StayLant takes
appropriate steps to ensure that such third parties use
the Personal Information only in connection with the
Purposes and safeguard the Personal Information against
unauthorized use or disclosure.
Only StayLant ’s employees,
whose duties reasonably so require, are granted access
to personal information about customers and employees.
8.
Retention of Personal Information
StayLant shall keep
Personal Information only as long as it remains
necessary or relevant for the Purposes or as required by
law. Depending on the circumstances, where Personal
Information has been used to make a decision about an
individual, StayLant will retain the information for at
least one year so that the individual has a reasonable
opportunity to obtain access to it.
Once Personal Information is no longer required to
fulfill the Purposes and is no longer required or
permitted to be retained for legal or business purposes,
it will be destroyed or made anonymous.
Principle 6 – Accuracy of Personal Information
StayLant will take
appropriate steps to ensure that Personal Information
collected by StayLant is accurate and complete as
reasonably required in connection with the Purposes,
including where Personal Information is likely to be
used by StayLant to make a decision that affects the
individual to whom the Personal Information relates or
if the Personal Information is likely to be disclosed to
a third party.
Principle 7 – Security Safeguards
StayLant stores Personal Information at our premises or
at the premises of our services providers and will
protect this information by security safeguards
appropriate to the sensitivity of the information.
§
StayLant
takes steps to ensure the security of Personal | 
