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Sano Stante Real Estate Privacy Policy

1. Objective & Scope of Policy

Sano Stante is committed to advancing the interests of his clients (both existing and future). Consistent with the adoption of the CREA Privacy Code and with applicable law, Sano is dedicated to maintaining high standards of confidentiality with respect to information provided to him. This Policy Statement has been prepared to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information provided to Sano Stante.

This Policy Statement governs Personal Information collected from and about individuals who are clients and information regarding potential clients that is provided to Sano Stante for the purposes described below. This policy also does not cover aggregated data from which the identity of an individual cannot be determined. Sano Stante retains the right to use aggregated data in any way that it determines appropriate.

This Policy Statement applies to all Sano Stante clients as part of their real estate requirements. Using contractual or other arrangements, Sano Stante shall ensure that other agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Sano Stante Real Estate as part of our delivery of services, protect that Personal Information in a manner consistent with the principles articulated in this Policy Statement.

In the event of questions about access to Personal Information; the collection, use, management or disclosure of Personal Information, or this Policy Statement or whether Sano Stante is acting in a manner consistent with it, please contact:

Pat Hare
Owner/Broker
Re/max Central
206 2411 4 ST NW
Calgary, AB T2M 2Z8
Telephone number: 403-216-1600
Fax: 403-284-2616

2. The Collection, Use & Disclosure of Personal Information

For the purposes of this Policy,
"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from the information

Personal information about clients will be collected, to the extent possible, directly from the individual concerned. Information within the Multiple Listing Service (“MLS®”) system is considered to be Personal Information to the extent that it is or can be associated with an individual. To the extent possible, such information will be collected directly from the client. Sano Stante uses the personal information provided verbally or in writing, upon initial contact (and which may be provided during the course of buying or selling real estate), and others, for different purposes to fulfill his mandate.

These purposes include:
Acting as a professional REALTOR
Providing products and services to Clients;
Providing continuing education to Clients and informational newsletters to those seeking to become Clients and others;
Providing data to the MLS® system, including ensuring compliance with the rules and regulations governing the MLS® system;
Continuing membership in AREA and CREA, including ensuring compliance with the by-laws, rules and regulations of those associations;

Meeting any legal or regulatory requirement; and such other purposes consistent with the foregoing purposes, Sano Stante’s use of Personal Information is consistent with CREB in that Sano Stante does not sell, trade, barter or exchange for consideration any Personal Information he has obtained. Unless permitted by law, Board by-laws and/or Board rules, no Personal Information is collected about a Client without first obtaining the consent of the individual to the collection, use and dissemination of that information.

Sano Stante may disclose Personal Information of Clients to CREA and AREA and RECA for the purpose of fulfilling his mandate and to organizations that assist Sano Stante in the course of fulfilling his mandate, including organizations that perform services on his behalf.

Personal Information will only be provided to organizations providing services to Sano Stante if they agree to use such information solely for the purposes of providing services to Sano Stante and under the instruction of Sano Stante and, with respect to that information, to act in a manner consistent with the relevant principles articulated in this Policy Statement.

There are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Sano Stante is obliged to disclose information without consent.

Such circumstances may include:
Where required by law or by order of a tribunal;
Where Sano Stante 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 fees;
Where it is necessary to permit Sano Stante to pursue available remedies or limit any damages that he may sustain; or
Where the information is public.
Where obliged or permitted to disclose information without consent, Sano Stante will not disclose more information than is required.

3. Accuracy

Sano Stante endeavors to ensure that any Personal Information provided by his clients and in his possession is as sufficiently accurate, current and complete as necessary for the purposes for which Sano Stante uses that data. Information contained in files that have been closed is not actively updated or maintained.

4. Retention

Sano Stante retains Personal Information as long as he believes it is necessary to fulfill the purpose for which it was collected. Currently, the principal place in which Sano Stante holds Personal Information is in the City of Calgary.

5. Security

Sano Stante endeavors to maintain adequate physical, procedural and technical security with respect to his office and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.

Sano Stante further protects Personal Information by restricting access to Personal Information to his Assistant and External Associates that Sano Stante has determined need to know that information in order that he may provide his services. Sano Stante has a policy under which employee misuse of Personal Information is treated as a serious offence for which disciplinary action may be taken.

In terms of communicating Personal Information, you may wish to note that there is no method of transmitting or storing data that is completely secure. While the physical characteristics of each are different, mail, telephone calls, faxes and transmissions over the Internet are all susceptible to possible loss, misrouting, interception and misuse of the information being communicated or transmitted.

As do many organizations, Sano Stante attempts to strike a reasonable balance between security and convenience. In communicating with Clients and others, Sano Stante reserves the right to use a method of communication that is less secure than some of its less convenient alternatives.

6. Visiting the Sano Stante Web Site

With respect to his website, Sano Stante only collects information from site visitors on a voluntary basis.

7. Access to Personal information

Sano Stante permits access to and review of Personal Information held by Sano about an individual by the individual concerned.

Sano Stante reserves the right to decline to provide access to Personal Information where the information requested:
a) Would disclose the Personal Information of another individual or of a deceased individual; or business confidential information that may harm Sano Stante or the competitive position of a third party;
b) Is subject to solicitor-client or litigation privilege;
c) Could reasonably result in serious harm to the treatment or recovery of the individual concerned, serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or
d) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
e) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
f) Does not exist, is not held, or cannot be found by Sano Stante.
Since confidentiality is integral in Sano’s procedures, including such procedures as the investigation, prosecution and determination of complaints made against Clients, access to personal information will also be declined where the person requesting same has consented, by virtue of being an existing Client to Sano and by being subject to Re/max Central’s by-laws and rules, to Sano Stante’s jurisdiction over such procedures as provided for in the by-laws and rules of Re/max Central.

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

Sano Stante will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, he will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information.

To guard against fraudulent requests for access, Sano Stante will require sufficient information to allow him to confirm the identity of the person making the request before granting access or making corrections.

Where information will be disclosed, Sano Stante will endeavor to provide the information in question within a reasonable time and no later than 45 days following the request. Sano Stante may charge a minimal or nominal cost (e.g. photocopying, mail charges) to the individual making the request.

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. Sano Stante reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. An individual may also request that Sano Stante delete an individual’s Personal Information from his system and records, except if such Personal Information is required to fulfill Sano’s mandate or to meet legislative requirements. However, due to technical constraints and the fact that Sano Stante backs up his systems, Personal Information may continue to reside in his systems after deletion. For the same reason, Personal Information may also continue to reside in the MLS® system after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Sano Stante’s Database in response to a request for deletion.

8. Amendment of Sano Stante Real Estate Practice and This Policy

This statement is in effect as of January 1, 2004. Sano Stante will from time to time review and revise its privacy practices and this Policy Statement. In the event of any amendment, an appropriate notice will be posted on sanostante.com and communicated to Clients and others in an appropriate manner. Policy changes will apply to the information collected from the date of posting of the revised Policy Statement to Sano Stante’s web site as well as to existing information held by Sano.

9. Information Regarding Former Clients

Sano Stante will only disclose Personal Information about former Clients in accordance with this Policy Statement.

10. What You Consent and Agree To

When you provide Sano Stante with Personal Information, you consent and agree to the following:
  The collection, use and disclosure of Personal Information from or about you as described in
Section 2, and to your right to access and correct data as described in Section 7.
  Your acceptance of the risks concerning the transmission of information to Sano Stante as described in Section 5.
  The amendment of this Policy Statement as described in Section 8.