Terms of Use and Privacy Policy

 

Our website terms of use and privacy policy (together, "this Agreement”) governs your use of all websites administered or operated by FirstService Residential and its parent company, FirstService Corporation (collectively, “Company”, “We”, “Us” or “Our”).  If you do not agree with all of the terms of this Agreement, you should not use, browse or otherwise access any of Our websites (collectively, “Company’s Websites”, and each, a “Website”).  By browsing or using any of the Company’s Websites, you signify your acceptance of this Agreement.

TERMS OF USE

 

All content contained on the Company’s Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by Canadian and international copyright laws, treaties and conventions.

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Content in conjunction with your use of the Company’s Websites.  No other uses of the Content are authorized or permissible without Our express written consent.

You represent, warrant and agree that:  you own or otherwise control all of the rights to all data and information that you post or send to us;  all such information is accurate; use of such information does not violate the terms of this Agreement or the rights of any third party and will not cause injury to anyone; and you will indemnify Us and Our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information.  We have the right (but no obligation) to monitor, edit or remove any activity or Content involving you.  We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else.

The Content is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.  We do not warrant that the functions or features contained in any Website or the Content will be free of viruses or other harmful components.  We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website.

A Website may offer users the ability to utilize the services of third-party providers, such as credit card and other payment processing services that are necessary to complete association-related dues or any other payments through the Website.  All issues involving transactions between a third-party service provider and you must be handled with the applicable provider.  The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third-party providers.  You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third-party sites and services.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY’S WEBSITES OR $100.00 .

The interpretation and enforcement of this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario.  The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be the Courts of Ontario or Canada, sitting in Toronto.

PRIVACY POLICY


We respect your privacy.  Our privacy policy ("this Policy") informs you of Our privacy practices, and of the options you have with regard to how your Personal Information (defined below) is collected, used and disclosed by any Website administered or operated by us.
 

Overview

 

We take a "layered approach" to explaining Our privacy practices as recommended by Canada's privacy regulators.  This means that we provide you with an overview of the key elements of our privacy policy upfront – namely, (1) exactly what Personal Information is being collected; (2) with which third parties is the Personal Information being shared;  (3) for what purposes is the Personal Information collected, used or disclosed;  and (4) what residual meaningful risk of harm and other consequences arise from the collection, use and disclosure of the Personal Information. 

In our capacity as manager for your property and its related community (each a "Property"), it is necessary to collect and use certain information about owners and residents to ensure timely communication about the Property including safety and security matters, inform as to the financial and operating affairs of the Property, to identify owners and residents when they contact us, to inform as to products and services that may be beneficial to the Property, owner and residents and for the collection of assessment fees on behalf of the Property. 
Some of the information we collect may be considered personal and private in nature and may include a resident's name, address, telephone numbers, email address and certain banking information as well as other information that may be required under regulations applicable in your jurisdiction or under the by-laws of your Property.  We do not provide any of your information to third parties except if required by law or where specific consent has been obtained.

From time to time we may utilize third parties to carry out certain services on behalf of the Property and this may require we provide certain personal information to them.  This may include providing banking information to financial or other payment processing institutions.  Some of the third parties may be resident in countries outside Canada.  We require third parties that we worked with to have adequate security as it relates to the safeguarding Personal Information and that the same parties have policies around data privacy that are in line with the industries in which they operate.

We have security protocols that are line with common industry practices as well local and regional regulations.  No security protocols are foolproof and there are risks involved in sharing personal information including susceptibility to fraud and reputational harm.
 

Application

 

This Policy applies to all of the Company's Websites, as well as all website-based transactions in which We collect Personal Information from residents at the Properties that We manage.  Moreover, this Policy applies to all Personal Information received by Us in any format including electronic, paper or verbal.  We will not sell or share any Personal Information with third parties in ways different than what is disclosed in this Policy. 

As described below, the Company’s Websites may contain links to third-party sites for your convenience and/or information.  If you access those links, you will leave the Company’s Websites and be re-directed to a third-party site.  We do not control the privacy practices of those third-party sites, which may differ significantly from Our privacy practices.  We do not endorse or make any representations about third party websites, and the personal data you choose to provide to third party websites is not covered by this Policy.  We encourage you to review the privacy policy of any third-party website or business before submitting to it your Personal Information online.

Collection of Personal Information

 

In this Policy, “Personal Information” means information about an identifiable individual and includes any information that identifies, or could reasonably be used by or on behalf of the Company to identify, you. Personal Information does not include information that is encoded or encrypted, and it does not include publicly available information (as defined under Canadian privacy laws) that has not been combined with non-public Personal Information.  Similarly, information that is provided in the aggregate and in a de-identified manner is not Personal Information, so long as it cannot be disaggregated or re-identified. 

Among other things, your Personal Information may include your first and last name, your email address, your physical address, and your contact telephone number.  Personal Information may come from a variety of sources, including information We obtain from Our partners and affiliates, and information you provide voluntarily to us through, for example, community registration forms and online forums.

 

Use and Disclosure of Personal Information

 

Currently, the Company uses and discloses your Personal Information only to provide you with the information and services that you specifically request, such as information about your homeowner account and payment history.  If, in the future, We believe that you could benefit from the products or services of certain third parties, We will require you to opt in before We disclose any of your Personal Information to those third parties. 

Although the Company does not share your Personal Information without your consent, We may nonetheless disclose your Personal Information if We are required to do so by law or We in good faith believe that such action is necessary (1) to comply with the law or with legal process; (2) to protect and defend the Company’s rights and property; (3) to protect against misuse or unauthorized use of the Company’s Websites; or, (4) to protect the personal safety or property of Our users or the public.  Among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions.

On occasion, We may hire third parties to perform certain functions on Our behalf. Examples include removing repetitive information from Our customer/residential listings, analyzing data, providing marketing assistance, distributing newsletters and related materials, and providing customer service.  These third parties have access to your Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any information is provided to them, and they are restricted from using the information for any other purposes.

In addition, We may use your Personal Information in the aggregate and in a de-identified manner to create case studies, and/or to determine residents' demographics and preferences.  By doing so, We are better able to deliver to you relevant information that you may find to be helpful and informative.
 
Other than as stated in this Policy, We will not release your Personal Information to unknown or unaffiliated third parties, and We will not cross-reference your Personal Information with that of any other resident or homeowner.  If We have knowledge that one of Our employees or agents is using or disclosing Personal Information in a manner contrary to this Policy, We will take reasonable steps to prevent or stop the use or disclosure.  The Company holds its employees and agents accountable for maintaining the trust that residents and homeowners place in Us.

We will not use your Personal Information any longer than is necessary for us to provide you with Our services.  Accordingly, if you no longer wish to use or access any of the Company’s Websites or use any of the Company’s online-based services, then please contact Our Privacy Officer (listed below) and notify Us of your desire to cease using the Company’s Websites and/or online services.  We reserve the right to maintain an archival copy of your Personal Information for a period not to exceed seven years after the date we longer need it to provide you with Our services. 

Also, in the event that all or substantially all of the Company’s assets are acquired or transferred, your Personal Information may be one of the transferred assets.  It is the Company’s practice to seek appropriate protection for information in these types of transactions. 

 

Your Choices

 

Unless otherwise indicated in this Policy, you will have the option to opt-in to any uses of Your Personal Information in which your Personal Information would be disclosed to a non-agent third party, or where such information would be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.  If you do not opt-in to such use(s), then the Company will not release Your Personal Information.

 

Accuracy and Access

 

Your Personal Information is accurate to the extent that you provide it correctly and accurately to Us or to the party collecting such information.  Errors that you make when entering your Personal Information may result in erroneous information in the Company’s database.  Residents have the right to review and/or correct their information, as described below.

To protect your privacy and security, We may take reasonable steps to verify your identity, such as requiring a password and user ID, before we permit any changes to be made to the Personal Information in Our database.  To view and change the Personal Information that you directly provided to us, you should contact Our Privacy Officer, listed below.

 

Security

 

To help prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of your Personal Information, We use physical, organizational and technological measures to safeguard the information We collect.

Among other things, We use Secure Sockets Layer ("SSL") encryption when collecting or transferring sensitive data. SSL encryption is designed to make the information unreadable by anyone but us.

We also use firewalls and restricted access methods to help ensure the security of the information We collect.  We limit access to your Personal Information and data to those persons in the Company, or to those agents of the Company that have a specific business purpose for maintaining and processing such information.  Company employees and agents who have been granted physical access to your Personal Information will be made aware of their responsibilities to protect the security, confidentiality and integrity of that information, and have a contractual obligation with the Company to do so.

However, no method of transmitting or storing information is completely secure. While We take appropriate measures to protect your Personal Information, there is always a risk that it may be lost, intercepted or misused.

 

Privacy Officer

 

The Company’s designated contact person for questions related to this Policy or the Company’s privacy practices is Chris Cady (“Privacy Officer”) who may be reached by email at chris.cady@fsresidential.com  or by regular mail at FirstService Residential, 5401 Eglinton Ave. West, Suite 205, Toronto, ON M9C 5K6 - Attention:  Chris Cady, Privacy Officer.  


If you have any questions or comments about this Policy, please direct them to the Privacy Officer.  When contacting the Privacy Officer, please be sure to provide (i) your full name, (ii) your physical address, (iii) your email address, (iv) your telephone number (if you wish to be contacted by telephone), and (v) a description of the question or issue that you wish to have resolved.

 

Third Party Services

 

From time to time, We may offer certain third party services through the Company’s Websites which We feel will be helpful or relevant to you (collectively, “Third Party Services”).  Third Party Services may include, but are not limited to, banking and financial services, insurance-related services, payment processing services and property management-related services. 

When you click on a link for a Third-Party Service, your Web browser will be re-directed to the third party provider of the Third Party Service that you selected.  Third party providers may have privacy policies that are different than this Policy, and you should read carefully the privacy policies of those third parties prior to releasing any of your Personal Information to them, financial or otherwise.

Third Party Services may also require you to agree to certain terms and conditions of use (collectively, “Third Party Conditions”) before using or accessing those services.   Often, Third Party Conditions describe and govern how third-party providers use your Personal Information, so you should read carefully all Third Party Conditions prior to releasing any of your information to such third party providers.
We do not endorse, warrant or guaranty the nature, scope, quantity, availability or quality of any Third Party Services.  Such services are provided as an accommodation to you, and for your convenience only.  If you have any questions, comments or concerns about any Third Party Service, you should contact directly the third party providing that service to you.

 

Non-Identifiable Information

 

Like many other websites, the Company's Websites may automatically collect certain non-identifiable information regarding users of a Website, such as the Internet Protocol ("IP") address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the Internet address of the Website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. Your non-identifiable information may be disclosed to others and permanently archived for future use.

 

Cookies

 

The Company's Websites may use "cookies", a technology that installs information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. The use of cookie technology is common on the Internet, and many Internet browsers are initially set to accept cookies automatically.  

If you would prefer not to accept cookies, you can set your Internet browser to notify you when your computer is receiving a cookie or to refuse cookies automatically. To readjust your Internet browser’s cookie options, please refer to the instruction documentation of your particular browser or seek online assistance.

Like many other websites, the Company's Websites may make use of "per session" and "persistent" cookie technology. Per session cookies track information during an open session and are stored only temporarily in your computer’s memory. Persistent cookies are deposited on a visitor's computer until they expire or until the visitor deletes the cookies. Information from these cookies help Us analyze traffic patterns to the Website, including the total number of visitors, the geographical location of the visitor, and the types of Internet browsers (e.g., Google Chrome or Internet Explorer) and operating systems (e.g., Windows or Macintosh) that the Website's visitors use. We use this information to facilitate and enhance your online visits. We do not cross-reference this information with any type of Personal Information that is voluntarily offered through the Website.

 

Google Analytics

 

The Company's Websites use Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. We use such information to compile reports and to help it improve the Website.  Should you wish to opt-out of the use of Google Analytics, please click on the following link:  https://tools.google.com/dlpage/gaoptout

 

Google AdWords

 

The Company's Websites may also use third party vendor re-marketing tracking cookies, including the Google AdWords tracking cookie. This means We may show ads to you across the Internet, specifically on the Google Display Network. We do not collect personal information through the use of Google's or any other third party remarketing system. Rather, the third-party vendors will place cookies on web browsers in order to serve ads based on past visits to the Website. This allows Us to continue to market its services to those who have shown interest in Us.

You may opt out of Google's use of cookies by visiting Google's Ads Settings. Also, you can opt out of other participating third-party vendors' use of remarketing cookies by visiting the Digital Advertising Alliance of Canada's AdChoices Program opt-out tool page at: http://youradchoices.ca/choices/

 

Protecting the Privacy of Children

 

The Company’s Websites are designed to accommodate the needs of homeowners, not children.  We do not intentionally collect or request information from children. To protect their privacy, children under the age of 13 are prohibited from using any Company Website.

 

Dispute Resolution


The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal information in accordance with the principles contained in this Policy.
 
If you are not satisfied with our response and:
(1) you are a resident of Ontario, you may complain to the Privacy Commissioner of Canada who can be reached at:
30 Victoria Street, 1st Floor
Gatineau, Quebec
K1A 1H3
1.800.282.1376
(2)  you are a resident of Alberta, you may complain to the Information and Privacy Commissioner of Alberta who can be reached at:
 
#410, 9925 – 109 Street NW
Edmonton, AB
T5K 2J8
1.888.878.4044
 
(3)  you are a resident of British Columbia, you may complain to the Information and Privacy Commissioner of British Columbia who can be reached at:
 
947 Fort Street, 4th Floor
Victoria, BC
V8V 3K3
1.250.387.5626

Serious Privacy Breach Notifications

We will notify you of any breach of the security safeguards involving your personal information under Our control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to you (a "Serious Privacy Breach").  This notice will be conspicuous and given to you in the manner prescribed under Canadian privacy laws as soon as feasible after We determine that such a breach has occurred.

Likewise, We will report any Serious Privacy Breach to the Office of the Privacy Commissioner of Canada (or their counterpart in Alberta or British Columbia) in the manner prescribed under applicable Canadian privacy law as soon as feasible after We determine that such a breach has occurred.

Where We Store Your Personal Information

The Personal Information We collect from you may be transferred to, stored at, and processed by recipients located in destinations outside of Canada, including the United States of America.  These countries may have privacy and data protection standards that are different to (and, in some cases, lower than) those in Canada.

Changes to This Policy

Privacy laws are rapidly evolving and, as a result, We reserve the right to change this Policy without notice and at any time. The most current version of this Privacy Policy is posted on the Website.

Effective Date

This Policy was last updated and is effective as of February 5, 2019.