Knew Realty Research Inc. (“Knew“, “we“, “our“, or “us“) is committed to complying with privacy laws and legislation applicable to us, and to protecting the privacy and security of personal information in our custody or control. We are based in Kelowna, British Columbia, Canada, and we are subject to Canadian law, so we are generally subject to British Columbia’s Personal Information Protection Act (PIPA), and there may be circumstances in which Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) may be applicable.
By accessing or using the Portal, you are accepting and consenting to our practices as described in this Policy insofar as your access and use relates to Knew.
It is our policy to only collect, use, store, process, transfer, share, and disclose your personal information for reasonable purposes and with your consent, except where consent is not required by law. We reserve all our rights under all available exceptions or exclusions under applicable privacy law and this applies to all our activities as described in this Policy, and to all provisions stated in this Policy.
When we collect, use, or disclose personal information, we make reasonable efforts to ensure that it is accurate, up to date, and complete.
The laws and legislation applicable to us may change, or our policies and procedures related to our collection, use, and disclosure of personal information may change (in response to changes in the law, or due to changes in how we carry on business and improvements we may make), or both, so we may occasionally modify this Policy to reflect such changes.
Please be advised that the Internet, websites, web portals, and email are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.
Please also note that the Portal may contain links to other websites which are provided as a convenience for visitors to the Portal only. Any third-party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties or their websites.
The Portal is not directed at persons under 19 and we do not intend to collect personal information from individuals under 19. If you become aware that an individual under the age of 19 has provided us with personal information without appropriate consent, then please contact us using the details at the end of this Policy so that we can take the appropriate steps in accordance with our legal obligations and this Policy.
If we need to contact or notify you, or provide you with information, we will select what we believe is the best way to do so. We will usually do this through email or by placing a notice on the Portal or, where you have subscribed to content or services from us, in that content or services or materials or information made available through such services. You consent to communicating, transacting, and receiving messages electronically, including via email or text, or by our placing a notice in the Portal or services, as applicable.
2. Personal information we collect
We generally collect personal information for reasonable purposes related to carrying on our business and the functions and purposes of the Portal.
Disclosure of personal information is voluntary. You may choose to not provide personal information, but as a result we may not be able to provide access to the Portal, or services available from us to you or respond to your requests.
When you voluntarily submit information directly to us, such as by corresponding or communicating with use by email, text, phone, through the use of the Portal, or other means, or by filling in forms, we collect the personal information you provide. This may include information you provide when you register to use the Portal, or during the course of your subsequent use of the Portal, or when you subscribe for services or content, or when you report a problem with the Portal, or use some other feature of the Portal as may be available from time to time.
We may receive personal information about you from third parties such as individuals or corporate entities which are working with you or otherwise have a relationship with you. We require those third parties to only provide personal information to us with consent or pursuant to a lawful exception or exemption to consent.
We may also work with third parties (including, for example, subcontractors in the provision of technical services, or in procuring and processing payments, providers of analytics services, advertising networks, search information providers, and credit reporting or reference agencies) and we may receive information about you from them, subject to your agreements with them, and your consent to their disclosing your personal information to us.
Personal Information we collect includes the following:
- Contact information and personal details, such as name, phone number, email address, physical or street address, location, IP address and, where applicable, professional details and credentials such as information about your business or professional status.
- Login credentials to the Portal, such as email account, username, and password.
- Correspondence, comments, and another information you may choose to send or disclose to us.
- Payment information, if applicable.
- Investment, credit, and employment details such as contact information and personal details (described above), professional and educational information, employment history, resume, and similar information.
- We may also automatically collect information about how you access and use the Portal, including, for example, the device you use, the times at which, how frequently and for how long you access the Portal, which documents, records, or data you access, whether you open emails or text messages from us or click the links contained in those emails or text messages, whether you access the Portal from multiple devices, and generally your activities in using the Portal.
- Internet Protocol or IP addresses, browser type and version, Internet Service Provider or ISP, referring or exit web pages, date/time stamp, operating system, and some types of “clickstream” data may also be collected automatically by us, or by our service providers and then provided to us.
We may link or combine the personal information we collect or receive about you with the information we collect automatically. We use this information to help us provide you with a personalized experience in your interaction with us or use of the Portal
We may anonymize and aggregate any of the personal information we collect. “Anonymize” means that we remove any identifiers so that the information no longer identifies you, and “aggregate” means that we combine that anonymized information with other anonymized information. We may use anonymized and/or aggregated information for business analytics purposes or research for internal purposes. We may also share such anonymized and/or aggregated information with others, but you cannot be identified from such anonymized and/or aggregated information.
3. Use of personal information
We use personal information for purposes including the following:
- To communicate with you, respond to your inquiries and requests, including to deal with service issues, technical support, and inquiries related to the Portal and provision of goods or services to you, and to send you statements, alerts, notifications, news, and financial and investment information.
- To operate, maintain, support, enhance, improve, and provide information through the Portal.
- To process any payments or money transfers, to assess your credit score (with your consent), and to detect and prevent fraud and misuse of the Portal.
4. Disclosure of personal information
We may share personal information with any member of our corporate group, which may include subsidiaries. Except as otherwise permitted by applicable lawful exceptions or exemptions, we will not share your personal information with any third parties except as described in this Policy or in connection with the Portal, or otherwise without obtaining your consent.
We may share your information with selected third parties, including:
- Our service providers, business partners, vendors, suppliers, licensors, and subcontractors who perform services on our behalf (but we use contractual measures to protect and maintain the confidentiality and security of personal information shared with these entities, and these entities are authorized by us to use your personal information only as necessary to provide these services to us).
- Information required to provide goods or services to you.
- Billing, payment, and credit card information for the purposes of accepting payment from you.
- Credit reference agencies for the purpose of assessing your credit score related to our entering into a contract with you or providing services to you.
We may exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction, or to conduct legal investigations or legal proceedings, or to protect the property, safety, or rights of Knew, our investors, customers, licensees, users, subscribers, or others.
We may disclose personal information to third parties in connection with a potential or actual business transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business. British Columbia law permits our doing so without consent under certain conditions, and we reserve our rights under British Columbia law.
From time to time, we may contact you with your consent with relevant information about the Portal and our business. Most messages will be sent electronically. For some messages, we may use personal information we collect about you to help us determine the most relevant information to share with you. If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can also change your preferences at any time by following the unsubscribe link at the bottom of our emails or text messages.
5. Lawful Exceptions to Consent
Under British Columbia law, we may collect, use, or disclose personal information without consent in circumstances that may include but are not limited to the following:
- Where collection, use or disclosure of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way;
- Where the collection, use, or disclosure of the information is required or authorized by law;
- Where the collection, use or disclosure of the information is reasonable for the purposes of an investigation or a legal proceeding;
- Where the information is publicly available from a source we are allowed legally to receive the information from without consent;
- Where the collection of the information is necessary to collect a debt owed to us or for us to repay to an individual money owed by us;
- In certain situations, we may be required by law to disclose personal information in response to lawful requests by governmental or public authorities, including to meet securities regulators and law enforcement requirements. It is our policy to comply with all such legal requirements.
We recognize our legal obligations to protect the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.
8. Notification of Loss or Unauthorized Access or Disclosure
Where an incident occurs involving the loss of, or unauthorized access to or disclosure of personal information under our control, where a reasonable person would consider that there exists a real risk of significant harm to an individual as a result of the loss or unauthorized access or disclosure, we may notify as required by law any Information and Privacy Commissioner, including, in some situations, the Privacy Commissioner for Canada, including providing any information required by law at the time to be provided to the applicable Commissioner. We may also elect in any event to immediately notify you of any incident in the event we consider it reasonable in the circumstances.
9. Retention and destruction of personal information
The law generally allows us, for legal or business purposes, to retain personal information for as long as is reasonable. 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 our legitimate business interests and satisfying any legal or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and the applicable legal requirements.
Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or made anonymous.
Should consent to our collection, use, disclosure, or retention of personal information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes. In the event that revocation of consent may have consequences to the individual concerned, we will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.
10. Legal Holds
There are situations where records scheduled for destruction must be preserved and not destroyed. In those cases, we may implement and enforce a “legal hold”. Those situations include audits, investigations, government or regulatory action, and actual or potential civil litigation. In addition, where an individual has requested access to their personal information, it is illegal to destroy that information. It is therefore our policy to retain all records required for legal purposes for as long as those records, which may include personal information, may be required.
11. Outsourcing and Data Hosting Outside of Canada
We may use “cloud computing” third party service providers, and those providers may be either in or outside Canada, and the data housed, hosted, and processed by such providers may reside in or outside of Canada, and may include personal information about individuals. Where consent or notification is legally required, it is our policy to notify individuals about such service providers outside of Canada, and such notification will include the way in which the individual may obtain access to written information about our policies and practices with respect to service providers outside of Canada and the name or tile of a person who can answer any questions about the collection, use, disclosure or storage of personal information by any service providers outside Canada.
If you are located in the European Union or the United Kingdom, your personal information may be processed outside of the European Union or the United Kingdom, including in Canada. Such international transfers of your personal information are made pursuant to appropriate safeguards, and we will take suitable steps to ensure that your personal data is treated as safely and securely as it would be within the UK or the EU and under the General Data Protection Regulation (“GDPR”). Such measures shall include, but are not limited to, having Data Processing Agreements with applicable sub-processors and ensuring that such sub-processors have adequate security and data protection procedures in place aligned with the GDPR or any other applicable data protection law. If you wish to inquire further about these safeguards used, please contact us using the details set out at the end of this policy.
12. CASL Compliance
Canada has implemented legislation (Generally referred to as Canadian Anti-Spam Legislation, or “CASL”) prohibiting commercial electronic communications without adequate consent, and without an adequate unsubscribe mechanism. Commercial electronic communications (“CEM’s”) are defined as emails and text messages. It is our policy to not send CEMs without valid legal consent from the recipient, and it is our policy to always use the unsubscribe mechanisms prescribed by CASL. CASL limits how long we can keep and use your information so, unless you have given us a permanent and express consent to contact you or send messages to you regularly, we may cease corresponding with you without notice once applicable time limits have passed.
13. Requests for Access
The law permits individuals to submit written requests to us to provide them with:
• access to their personal information under our custody or control;
• information about the purposes for which their personal information under our custody or control has been and is being used; and
• the names of organizations or persons to whom and the circumstances in which personal information has been and is being disclosed by us.
Requests for access are subject to the following:
- Any requests must be in writing.
- We reserve the right to not accept such requests or respond to such requests via email in order to be certain of the identity of persons with which we communicate and to protect the privacy of individuals.
- In order to receive a response to such a request, the individual must provide us with sufficient information to verify their identity or authority, to locate their record, if any, and to respond to them.
- We will respond to requests in the time allowed by law, which is generally 30 days. We reserve our right to extend that time period as permitted by applicable law.
- We will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible.
- All requests may be subject to any fees and disbursements the law permits us to charge.
- Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Please note that an individual’s ability to access his or her personal information under our control is not an absolute right. The law prohibits the disclosure of some information, and, with respect to certain other information, gives us the right to choose whether to disclose it. We reserve all our rights under applicable law to refuse disclosure were legally permitted to do so.
14. Responses to Requests for Access
Our responses to requests for access to personal information will be in writing, and will confirm:
- Whether we are providing all or part of the requested information,
- Whether or not we are allowing access or providing copies, and,
- If access is being provided, when and how that will be given.
If access to information or copies are refused by us, we will provide written reasons for such refusal and the section of PIPA (the Personal Information Protection Act, British Columbia, if applicable) on which that refusal is based. We will also provide the name of an individual at Knew who can answer questions about the refusal, and particulars of how the requesting individual can ask the Information and Privacy Commissioner of British Columbia to review our decision.
15. Requests for Correction
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. If an individual alleges errors or omissions in the personal information in our custody or control, we will either:
- Correct the personal information and, if reasonable to do so, and if not contrary to law, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
- Decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
16. Certain Additional Rights
Applicable privacy law may also provide you with rights including the following (some of which may also be applicable under British Columbia law as described above):
- Right of access and portability. The right to obtain access to your personal information along with certain information, and to receive that personal information in a commonly used format and to have it ported to another data controller.
- Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed, or where we have no other lawful basis for retaining the information.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you.
- Right to object. The right to object, on grounds relating to your particular circumstances, to the processing of your personal information, and to object to the processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
- Right to non-discrimination. The right to non-discrimination for exercising your rights as outlined in this policy. This includes, but is not limited to, denying you goods or services, charging you different prices for similar services, or providing a different level or quality of service as a result of your exercising your lawful rights.
If you wish to exercise one of these rights, subject to it being available to you under applicable privacy law, please contact us using the contact details at the end of this Policy.
17. Contacting Knew
If you have any questions with respect to our policies concerning the collection, use, disclosure, or handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, or if you are dissatisfied with how we handle your personal information, please contact our Privacy Officer at:
KNEW REALTY RESEARCH INC.
1631 Dickson Avenue Landmark, Suite 1100
If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, or have other concerns or questions, you have the right at any time to contact the Office of the Information and Privacy Commissioner at:
Office of the Information and Privacy Commissioner for British Columbia 756 Fort St, Victoria BC V8W 1H2