Privacy Policy

BRASSWATER PRIVACY POLICY

We value your business and respect your right to privacy and the following discloses the personal information collection, use and disclosure practices of Brasswater.

This privacy policy (the “Privacy Policy”) of Brasswater, including its affiliates, all management and real estate subsidiaries owned directly or indirectly, as gathered and operating under the Brasswater banner together with its managed properties and investments (“Brasswater” or “us’’) generally applies to any personal information collected and processed by Brasswater from or about guests, prospective purchasers, clients and customers, tenants, past tenants, website visitors, service providers, business partners and other individuals whose personal information is entrusted to Brasswater in the course of commercial activity (hereinafter “users”).

Brasswater reserves the right to change this Privacy Policy at any time without notifying you of the existence of a new Privacy Policy. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on our websites and our mobile apps. Your continued use of our services, websites, mobile apps and/or Wi-Fi after such modifications will constitute your acknowledgement of the modified Privacy Policy and your agreement to abide and be bound by the modified Privacy Policy.

1.  PERSONAL INFORMATION

“Personal information” has the meaning given to it or any similar term per applicable laws and regulations relating to data protection and privacy and for the avoidance of doubt, means any information which directly or indirectly identifies or otherwise relates to a living individual and which is in the possession or under the control of Brasswater. Such personal information may include, without limitation, the name, age, identification number, email address, home address, telephone number, location data, financial data or online identifier of that individual, information relating to your inquiry with us, any complaints documented in a file or other personal or demographic information. It may also include other types of more technical information such as users’ IP addresses, usernames, browser history (pages accessed, date of access, location when accessed), but only when this information can identify you as an individual.

2.  ELECTRONIC INFORMATION

Brasswater may collect certain information by using log files and cookies. Such information consists primarily of: the type of Internet browser software and/or computer operating system you are using, your IP Address, the pages you have browsed through and the date of your visit on our website.

The information gathered through those files primarily help us optimize our website to provide you with a better experience and establish general statistics regarding namely: the number of visits, average amount of time spent on our site and which pages were visited on our website. You can block and/or refuse cookies on your internet browser, by adjusting its preferences, but certain pages of our website may not function properly.

3. PRIVACY OFFICER

Brasswater has appointed a Privacy Officer who oversees compliance with privacy laws and best practices. The duties of the Privacy Officer include but are not limited to: (i) developing and reviewing Brasswater’s privacy policies and procedures to ensure their compliance with applicable privacy legislation; (ii) ensuring all Brasswater staff are trained on Brasswater’s privacy policies and procedures (including this one); (iii)ensuring that all inquiries and complaints relating to privacy are appropriately handled; and (iv) ensuring all third parties whom Brasswater may in the regular course of business provide access to personal information adhere to appropriate standards of care in managing that information. To access or correct the Personal Information Brasswater has about you, please submit a request to the Privacy Officer who can be reached at privacy@brasswater.ca.  Brasswater will respond to the request within 30 days, however there may be contexts where access is refused, or only partial information is provided. If your access request is refused (in whole or in part), you will be advised of the reason and any recourse available.

4. COLLECTION OF PERSONAL INFORMATION

We collect information, including without limitation, from visitors to the Website and others when an they: (i) use the Website, (ii) contact us with comments or questions (iii) sign up to receive from time-to-time email news updates from Brasswater or (iv) enter into a business transaction with Brasswater. The information collected by Brasswater from your use of the Website or as a result of you contacting us with comments or questions, includes but is not limited to information collected in our server logs (such as browser type, pages visited, referring page, IP address, date and time stamps, other statistics and errors), through cookies (such as saving your login information and storing session information) and about the device you are using to access the Website (such as hardware and operating system details). We may collect personal information from you, without limitation, in the following situations:

• Communications Data. We may collect personal data that you provide when you contact Brasswater for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services, the use of a “Contact Us” form or similar features, signing up for our emails or to attend an event or downloading certain content. Such information may include contact information such as name, job title, company name, phone number and email address. Additionally, some technical information relating to how you are using our website is automatically collected when you browse our website.

• Identity Verification Information. To help us respond to requests for data access and/or deletion requests as permitted by applicable laws, as well as create and maintain a trusted environment, we may collect the name, address, telephone numbers (office, home, cell), email addresses, information from government issued identification, and photographs.

• Background Check & Employment Applications. We may collect personal data from you and from third parties in connection with the performance of due diligence on our service providers, employees, prospective purchasers and tenants and business partners. This data may include contact details, information concerning business practices, creditworthiness, reputation and business history and job titles or roles and work experience, education and other pertinent information for the position. We may collect the information which you have included in your resume when you submit a job application or when you apply for a position with Brasswater.

• Social Media. If you sign into one of our websites or Wi-Fi using a social media account such as Facebook, LinkedIn or Twitter, we may collect information that you have added in your registration profile from those accounts, and which is made available to us by default by Facebook, LinkedIn, Twitter or any other social media accounts. We may also collect personal information about you from your use of social media networks you participate in (“Social Media Channels”), although at all times, in compliance with applicable privacy laws. You may also choose to participate in a third-party app or feature (such as one of our Facebook, LinkedIn or Twitter apps or a similar app or feature on a third party website) through which you allow us to collect (or the third party website to share) information about you, (including personal information) such as details of your friends/connections, “likes”, comments you have shared, groups and location. In addition, we may receive information about you, (including your personal information) if other users of a third-party website give us access to their profiles and you are one of their friends/connections or if information about you is otherwise accessible through your friends’/connections’ web page, profile page or similar page on a Social Media Channel or other third-party website or interactive service. We may supplement the information we collect about you directly with the information we receive from third parties in order to enhance our ability to serve you, to tailor our content to you and to send you details of promotions and/or offers which we believe may be of interest to you, although at all times in compliance with applicable privacy laws.

• Property Related. We collect information such as your name, address, credit/financial and bank information and your contact information if you enter into an offer to purchase or lease or if you purchase a property from Brasswater, to process payments from tenants, suppliers and vendors, to provide investor relations services with our shareholders, to provide property management services and we may also collect other information to combat money-laundering or other similar illegal activity. We may also collect information to collect debts owed to Brasswater and enforce agreements between you and Brasswater as well as to meet auditing, legal and regulatory processes and requirements.

This is not a comprehensive list of the purposes for which we collect personal information. It is an overview of the activities Brasswater engages in when we collect, use or disclose personal information and the reasons why we do so. Brasswater will collect, use and disclose your personal information only to the extent required to fulfill the purposes for which we require your personal information or unless otherwise required by law.

6. USE OF PERSONAL INFORMATION

Brasswater uses such personal information to: (i) maintain accurate records; (ii) make the Websites more user-friendly; (iii) provide information to Individuals as requested by them; and (iv) provide its services to tenants and real estate to prospective purchasers as is otherwise required or permitted by law. Brasswater collects personal information for general business-related purposes such as to manage its business, provide or deliver a product or service requested (through the use of our website, mobile apps and/or Wi-Fi) or when necessary for the safety of a service that we provide or deliver (for example, ensure the security of our properties, authenticate the identity of individuals contacting us, monitor use of Wi-Fi to ensure that it is lawful and complies with the Wi-Fi Terms of Use). We may also collect personal information as necessary to ensure the efficiency of the Brasswater information systems and networks, protect their reliability and security, as well as prevent or reduce our commercial risk (internal training and quality assurance, prevention of fraud, unauthorized activities, claims and other liabilities).

Personal information about our users will not be sold or otherwise transferred to unaffiliated third parties without your approval. However, Brasswater may disclose personal information when authorized by law or share your personal information with its affiliates, subsidiaries and tenants operating from its properties, for purposes related to service providers that are retained to perform work on our behalf, as well as in the context of a business transaction (for example in the context of a merger or sale of any parts of our business).  In the event Brasswater discloses your personal information to third parties, Brasswater will take reasonable steps to ensure that such third parties are reputable and have safeguards in place to protect your information. Brasswater may share personal information as follows:

• Affiliates and Business Partners. Brasswater may share personal information with its affiliates, subsidiaries and tenants operating from our properties, for purposes related to marketing the services provided or any real estate offered for sale by Brasswater or its business partners or such retailers, at all times in compliance with applicable privacy laws.

• Third Party Service Providers. We may hire service providers, which may be affiliates, to perform services on our behalf. This may include, without limitation, a person or an organization retained by Brasswater to perform work on its behalf. We provide them with a limited amount of information which is necessary in order for them to provide the services required and we ensure that they have entered into contractual arrangements that provide adequate protection of your personal information and which prohibits them from using the information for purposes other than to carry out the services they have been engaged to provide.

• As Permitted or Required by Law. From time to time, Brasswater may disclose your personal information if such disclosure is necessary for the establishment, exercise or defense of legal claims, or as otherwise permitted by law, for instance if Brasswater is compelled to disclose personal information in response to a law, regulation, court order, subpoena, valid summons, search warrant, government investigation, other legally valid request or investigation or if reasonably necessary to protect the rights, property and safety of others or ourselves and with the insurers who may be involved in an incident at a property. We may also disclose information to our accountants, auditors, agents and lawyers in connection with the enforcement or protection of our legal rights. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful or to law enforcement and emergency services providers, in an emergency or where required or permitted by law.

• Business Transactions. We may disclose personal information to a third party in connection with a corporate merger, acquisition, consolidation, the sale of a part of our business, a business unit or any property or any interest in such property, or other fundamental corporate change, whatever form it may take including to financial institutions, credit agencies, lawyers, appraisers, accountants and other professionals and consultants. However, in the event the transaction is completed, your personal information will remain protected by applicable privacy laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to completely delete such information.

• Applicants. If you complete and submit an employment application (including an online application found on our Website), you hereby consent to the disclosure of your completed on-line employment application to Brasswater human resources personnel as well as any personnel that will be involved in the hiring process.

7.  CONSENT

Additionally, in certain exceptional circumstances, your personal information may be collected, used or disclosed without consent. These exceptional circumstances may include:

• where it is clearly in the interest of the individual and consent cannot be obtained in a timely way, such as in emergencies, where the life, health or safety of the individual is threatened or where legal, medical or security reasons make it impossible or unrealistic to obtain consent;
• when information is being collected, used or shared for the detection, prevention of or remediation of the breach of an agreement, fraud or other illegal activity and the collection of consent might defeat the purpose of collecting the information; and
• to comply with a subpoena, warrant or other court order, requests received from law enforcement authorities or as may be otherwise required or authorized by law or any competent regulatory authority.

Consent may be withdrawn at any time; however, without such consent, Brasswater may in some cases limit the services it can offer you and/or Brasswater may be unable to enter into a business relationship, maintain such relationship and/or interact with you, but only to the extent that your personal information is necessary for those purposes. You may also withdraw your consent from the use or sharing of your personal information for marketing purposes or from any collection of information from cookies.

If you wish to limit the use or disclosure of specific personal information provided to Brasswater, you must submit to the Privacy Officer a written letter detailing such request. The Privacy Officer will then advise you as to whether the requested information can be limited in the manner requested.

8.  RETENTION OF PERSONAL INFORMATION

Brasswater retains your Personal Information only for as long as it is required to fulfill the purposes for which we collected it, and to meet all of our legal and regulatory requirements. Once your information is no longer required by Brasswater, it is securely destroyed, erased or made anonymous. Personal Information that is retained is done so in a secure and confidential manner.

9. SECURITY

Brasswater has taken measures to protect the security and confidentiality of personal information as are appropriate in the circumstances. Brasswater maintains reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control.  Any information transmitted via the Internet, however, may be intercepted by third parties. Brasswater does not assume any liability for interception, alteration or misuse of information transmitted over the Internet. You acknowledge that: (i) there are Internet security and privacy limitations which are beyond the control of Brasswater; (ii) the security, availability, integrity and privacy of any and all information and data exchanged between you and Brasswater through our websites and mobile apps or when using our Wi-Fi cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party. Because of this, we cannot ensure or guarantee the security of any such information. In the event there is a security incident concerning any of your personal information collected and retained by Brasswater under this Privacy Policy, we may contact you by email, letter, telephone or through other secure form of communication.

10. PRIVACY COMPLAINTS & PRIVACY INCIDENT MANAGEMENT PROCESS

Brasswater takes privacy complaints very seriously and has a procedure in place for escalating and managing any privacy related concerns to ensure they are responded to in a timely and effective manner. Any privacy related complaint or suspected privacy breach must be escalated to the Privacy Officer who will oversee the containment, investigation, and/or corrective actions for the complaint or suspected breach.

10.  CHILDREN

The Websites are intended for use by persons over 18 years of age. We do not knowingly solicit or collect personal information on the Websites from children under the age of 18. Our services (including our websites, mobile apps and/or Wi-Fi) are not intended for children under the age of 18. If you are under the age of 18 please do not use our services (including our websites, mobile apps and/or Wi-Fi), and if you are over the age of 18 but under the age of majority in the province in which you reside, you should use our services (including our websites, mobile apps and/or Wi-Fi) only with the involvement and permission of a parent or legal guardian.

11. CONTACT

If you have any questions about this Privacy Policy or the privacy practices of Brasswater in respect of how we collect, use and share your personal information or to file a complaint concerning the collection, use and/or disclosure of personal information, please send an email to the Privacy Officer at privacy@brasswater.ca. All complaints will be investigated by Brasswater’s Privacy Officer as soon as is practical in the circumstances. Individuals will be notified of the outcome of the investigation of complaints clearly and promptly and will be notified of any relevant steps taken or to be taken as a result of a complaint.