YOUR PRIVACY IS IMPORTANT TO US. Corporate Privacy Policy

The following definitions apply to this Privacy Policy:

a. “Personal Information” (PI) means recorded information about an identifiable Individual and/or Third Party which includes, but is not limited to, home addresses and telephone numbers, age, gender, marital or family status, identifying numbers such as social insurance number, driver’s licence and other ID numbers, medical notes, employment history (past and present), financial history, banking information, criminal background checks, anyone else’s opinions about an Individual and/or Third Party, an Individual’s personal views or opinions, and name, address and phone number of parent, guardian or spouse;

b. “Privacy Breach” means the unauthorized or unlawful access, use, disclosure, communication, loss, or other breach of Personal Information, under PIPEDA and substantially similar provincial laws.

c. “Collection” means the act of gathering, acquiring, or obtaining Personal Information from any source, including a Third Party, by any means;

d. “Consent” means a voluntary agreement with what is being done or proposed. Consent can either be express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organization seeking consent. Implied consent arises where consent may reasonably be inferred from the action, or inaction, of the Individual and/or Third Party;

e. “Disclosure” means making Personal Information available to others inside and/or outside of Boardwalk;

f. “Individual” and “Individuals” means persons being the subject of records held by Boardwalk;

g. “Law Enforcement” means disciplinary investigations or proceedings that lead or could lead to a penalty or sanction being imposed and policed;

h. “Third Party” and “Third Parties” mean persons or organizations other than the subject of the records or representatives of Boardwalk. Note that in certain circumstances, the company may be entitled to provide Personal Information to an external party acting as an agent of Boardwalk;

i. “Use” means the treatment and handling of Personal Information by, and within Boardwalk; and

j. “Boardwalk” means all entities and subsidiaries included in the Boardwalk Real Estate Investment Trust consolidated structure.

k. “Sensitive Personal Information is information that is medical, biometric or otherwise intimate in nature, or the context of its use or release entails a high level of reasonable expectation of privacy. Examples of Sensitive Personal Information under the General Data Protection Regulation (GDPR) include race or ethnicity, political opinions, religious of philosophical beliefs, trade union membership, sexual orientation or sex life, genetic data, biometric data, and health data.

Boardwalk acknowledges its responsibility for the protection of Personal Information under its control and is committed to complying with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation. Boardwalk has designated a Privacy Officer who is accountable for overseeing compliance with privacy laws and ensuring the implementation of appropriate privacy practices and procedures.

The Privacy Officer is responsible for:

a. Developing and maintaining privacy policies and procedures in accordance with applicable privacy laws and regulations;

b. Educating employees and contractors about their privacy obligations and providing necessary training and guidance;

c. Responding to inquiries, complaints, and requests related to privacy matters;

d. Conducting privacy assessments and audits to identify risks and ensure compliance;

e. Monitoring changes in privacy laws and regulations and updating privacy practices accordingly;

f. Collaborating with relevant departments and stakeholders to implement privacy best practices;

g. Acting as a point of contact for individuals seeking information or exercising their privacy rights;

h. Ensuring the security and protection of Personal Information through appropriate technical and organizational measures;

i. Coordinating and cooperating with regulatory authorities and supervisory bodies on privacy-related matters;

j. Overseeing the handling of privacy breaches, including notification and mitigation procedures;

k. Regularly reviewing and updating the privacy policy and related documentation to reflect changes in the organization's practices or legal requirements.

Boardwalk recognizes that safeguarding Personal Information is a shared responsibility, and all employees and contractors are expected to comply with this privacy policy and related procedures.

Individuals and/or Third Parties are responsible for:

a. Being familiar with and following this Privacy Policy;

b. Providing the proper consents and authorizations;

c. Immediately reporting any privacy breaches to the Privacy Officer; and

d. Updating Personal Information with Boardwalk.

Boardwalk is responsible for Personal Information under its control and has a designated Privacy Officer who is accountable for Boardwalk’s compliance with PIPEDA, applicable provincial privacy legislation, and all privacy requirements.

The knowledge and Consent of the Individual and/or Third Party is required for the Collection, Use, or Disclosure of Personal Information. In certain circumstances, Personal Information may be collected, used, or disclosed without the knowledge or Consent of the Individual. Exemptions include, but are not limited to, Personal Information gathered for: legal, medical, or security reasons, and prevention of fraud or for Law Enforcement purposes if its use is confined to those purposes.

With the Individual’s and/or Third Party’s Consent and in compliance with this Policy, PIPEDA and substantially similar provincial laws, Boardwalk may collect Personal Information from the Individual or from any other Third Party. 

Boardwalk collects Personal Information on Individuals through the following means:

i. Directly from Individuals, for example:

          1. Inquiries with customer care or a leasing office via phone, email, chat, SMS or Internet Listing Sites;

          2. Employment applications;

          3. Rental applications (“offer to lease”, or “OTL”);

          4. Website (creating accounts, contact forms, Resident Member portal).

ii. Cookies and similar technology (Please refer to Section 10. “Use of Cookies” for more details);

iii. Other sources or third parties:

          1. Credit or collection agencies;

          2. Past or current landlords and employers;

          3. Government agencies and public records;

          4. Advertising partners;

          5. Utility or service providers; and

          6. Social media platforms.

Personal Information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.

Personal Information shall be protected by security safeguards appropriate to the sensitivity of the information.

a. Information Collected

Boardwalk’s collection, use, disclosure, and retention of Personal Information is done in order to establish, manage, or terminate a relationship with an Individual and/or Third Party.

b. Providing Consent

The collection, use, or disclosure of your personal information by Boardwalk requires your knowledge and consent. At times, consent to the collection, use, and disclosure of Personal Information may be implied from the manner in which it is collected, unless that Personal Information is deemed Sensitive Personal Information.

If Boardwalk collects, uses or discloses personal information for the purposes other than those described above, prior to the collection, use and/or disclosure of such personal information, unless required to be disclosed by law, you will be notified of and your consent will be obtained prior to, Boardwalk’s collection, use and/or disclosure of that personal information. If we intend to use and/or disclose Personal Information that we previously collected for a new purpose which is not authorized under applicable laws, your consent will always be obtained before we use and/or disclose it for that new purpose.

Exceptions to the requirement of obtaining new or updated consent for the use of existing Personal Information include using the Personal Information:

          I. For purposes consistent with the purposes for which it was collected;

          II. In a manner that is clearly for the benefit of the Individual;

          III. For the purposes of preventing and detecting fraud or of assessing and improving protection and security measures;

          IV. For the purpose of providing or delivering a product or providing a service requested by the Individual; or

          V. For study or research purposes or for the production of statistics and if the information is de-identified. Personal Information is de-identified when it may no longer allow the PI holder to identify the individual directly. 

c. Withdrawal of Consent

An Individual and/or Third Party may withdraw Consent subject to legal or contractual obligations and on reasonable notice. If an Individual wants to withdraw Consent, the Individual should first contact the Privacy Officer to understand the implications of such withdrawal, and then if the Individual and/or Third Party chooses to proceed, to give the requisite notice.

d. Access to Personal Information

          I. Individuals and/or Third Parties may request access to review their own file by making arrangements with the Privacy Officer. Individuals and/or Third Parties shall provide written notice to the Privacy Officer. The Privacy Officer will respond to the request within thirty (30) days or advise the Individual and/or Third Party when/if additional time is required to respond to the request, insofar as law permits in the circumstances;

          II. There may be situations in which Boardwalk is legally prohibited from allowing an Individual and/or Third Party to access to their Personal Information. For example, Boardwalk would be so prohibited if allowing an Individual and/or Third Party to access to their Personal Information would likely reveal Personal Information about another person or other confidential information. If this is the case, Boardwalk will advise the Individual and/or Third Party, why, subject to any legal restrictions.

Other exceptions include but are not limited to the following:

          1. The right of access does not extend to information exempted from Disclosure under PIPEDA or the applicable provincial privacy legislation, however, if that information can reasonably be severed from a record an applicant has the right of access to the remainder of the record.

e. Correcting Personal Information

As stated above in subsection 7 (d)(i), an Individual and/or Third Party has the right to submit a written request to access their Personal Information that is in Boardwalk’s possession and make corrections to it. The Individual and/or Third Party can request a correction to their Personal Information if there is an error omission or, alternatively, the Individual and/or Third Party may require that a statement of disagreement is attached. Boardwalk will amend Personal Information that is demonstrated to be inaccurate or incomplete.

Requests to update or correct Personal Information can be submitted by contacting the Privacy Officer via email or phone.

f. Disclosure

Disclosure will be governed according to this Privacy Policy or other specific policies and procedures, which may be established or amended from time to time by Boardwalk to apply to the Personal Information of Individuals and/or Third Parties.

Boardwalk will not disclose Personal Information about Individuals and/or Third Parties to any Third Party, except under the following circumstances:

          I. Where the Individual and/or Third Party who is the subject of Disclosure has provided express Consent;

          II. If the information is required for the purpose for which it was obtained;

          III. Where Boardwalk is permitted or required to do so by application legislation or regulation;

          IV. Where the Disclosure is required by authorized government representatives who are acting to enforce any federal or provincial law or carrying out an investigation relating to the enforcement of any federal or provincial law, or for gathering information for the purpose of enforcing any federal or provincial law;

          V. Where Boardwalk is required to comply with any valid court orders, warrants, or any other valid legal processes;

          VI. In an emergency to protect the physical safety or any person or group of persons; and

          VII. In compassionate circumstances in order to facilitate contact with a family member or a friend of an Individual and/or Third Party who is injured, ill or deceased.

Requests regarding Third Party access to Personal Information will be handled by the Privacy Officer of Boardwalk and must be in writing.

g. Retention and Destruction of Personal Information

Personal information that is no longer needed for its stated purpose will be destroyed, erased, or made anonymous.

Boardwalk will maintain Personal Information for as long as it is necessary to fulfill the purpose for which it was collected or to comply with any laws. The period in which Personal Information is retained may extend beyond the relationship between Boardwalk and the Individual and/or Third Party, as defined in Boardwalk’s Data Retention and Disposal Schedule. For example, a tenant’s Personal Information may be retained for years after their tenancy relationship with Boardwalk has ended, for financial and legal auditing purposes.