KAS 3348 MIRAVISTA
Personal Information Protection Policy
At KAS3488, Miravista Strata Corporation, hereinafter referred to as Miravista, we are committed to providing all Owners with the protection and security of their personal information in accordance with British Columbia's Personal Information Protection Act ( PIPA), which came into effect on January 1, 2004, and sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.
We will, in accordance with this policy, inform owners of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPA and the Property Strata Act (PSA), outlines the principles and practices we will follow in protecting all Owners' personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of all personal information and allowing all Owners to request access to, and correction of, their personal information.
Personal Information - means information about an identifiable individual, including, name, age, home address and phone number, gate access codes , e-mail addresses , social insurance number, marital status, dependents' names, income, medical information and emergency contacts, education, employment information, banking information. Personal information does not include contact information (described below).
Contact information - means information that would enable an individual to be contacted at a place of business, and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPA.
Owner(s) - means an Owner of a condominium strata lot in Miravista, which is comprised in total of 224 condominium strata lots, and includes any authorized tenant and any family member living with the Owner or authorized tenant in Miravista.
Privacy Officer - means the individual designated responsibility for ensuring that Miravista complies with this policy and PIPA.
Policy 1 - Collecting Personal Information
1 Unless the purposes for collecting personal information are obvious and the Owner voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection
2 We will only collect information that is reasonable and appropriate' to fulfill the following purposes:
• To confirm ownership or tenant status, verify identity and open a residential file (which would include waiver documents, gate access forms, mail box assignments, access card request forms, tenant forms, vehicle and pet registration forms);
• To facilitate communication and provide information as requested by the Owners;
• To facilitate payment of strata fees by the owners and compliance with Miravista Bylaws.
Policy 2 - Consent
2.1 We will obtain consent to collect, use or disclose personal information except where, as noted below, we are authorized to do so without consent.
2.2 Consent can be provided orally, in writing, electronically, through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the Owner voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where an Owner is given notice and a reasonable opportunity to opt-out of his or her personal information being used for a particular purpose and the party does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide a service, offer an activity or product, or the withdrawal of consent would frustrate the performance of a legal obligation), an Owner can withhold or withdraw their consent for Miravista to use their personal information in certain ways . An Owner's decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service, activity or product. If so, we will explain the situation to assist the Owner in making the decision.
2.5 We may collect, use or disclose personal information without the Owner's knowledge or consent in the following limited circumstances:
• When the collection, use or disclosure of personal information is permitted or required by law, in particular, the Strata Property Act (SPA), such as the list of strata council members, minutes of strata council meetings and Annual General Meeting, a list of owners with their strata lot addresses and strata lot numbers; names of tenants; a list of names and addresses of mortgagees; books of account showing money received and spent;
• When the information is permitted or authorized under the properly registered Bylaws of Miravista, such as banking or credit card information to allow pre-authorized payments to pay strata fees, and any other information so that the strata council can properly manage the Strata;
• In an emergency that threatens an individual's life, health, personal property security and consent cannot be obtained in a timely way;
• When the personal information is available from a public source (e.g., a telephone directory) ;
• When we require legal advice from a lawyer;
• For the purposes of collecting a debt or investigating bylaw infractions;
• To protect ourselves from fraud;
• To investigate an anticipated breach of an agreement or a contravention of law.
Policy 3 - Using and Disclosing Personal Information
3.1 We will only use or disclose an Owner's personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
• To contact the Owners directly about services or activities that may be of interest;
• To contact the Owners directly in case of emergency .
3.2 We will not use or disclose an Owner's personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not sell Owners' lists or personal information to other persons unless we have consent to do so.
Policy 4 - Retaining Personal Information
4.1 If we use an Owner's personal information to make a decision that directly affects the Owner, such as a bylaw infraction matter, we will retain that personal information for at least one year so that the owner has a reasonable opportunity to request access to that personal information.
4.2 Subject to Policy 4 .1 we will retain an Owner's personal information only as long as necessary to fulfill the identified purposes or a legal purpose as defined in Policy 1 of this document.
4.3 In accordance with the SPA, we will retain for:
• At least six (6) years all minutes of annual and special general meetings and council meetings, the book of accounts showing money received and spent and the reason for the receipt or expenditure, waivers and consents, the budget and financial statement for the current year and for previous years, bank statements, cancelled cheques and certificates of deposit, written contracts to which Miravista is a party;
• At least two (2) years, all correspondence sent or received by the Miravista strata corporation and by strata council and current copies of the following records and documents: a list of council members, a list of owners with their strata lot addresses and mailing addresses if different, strata lot numbers as shown on the strata plan, names and addresses of mortgagees who have filed a Mortgagee's Request for Notification, names of tenants , and assignments of voting or other rights by landlords to tenants ;
• Various time limits, any other documents or records required to be retained.
4.4 Stagnant documents containing personal information will be held for a period of two (2) years from the date on which an Owner ceases to be a resident/tenant of Miravista (unless it is required by law that they be retained for a longer period of time).
4.5 Information, documents and records will be destroyed by shredding of papers or deletion of electronic records.
Policy 5 - Ensuring Accuracy of Personal Information
5.1 We will make reasonable efforts to ensure that an Owner's personal information is accurate and complete when it is disclosed to another organization where it may be used to make a decision about the Owner.
5.2 An Owner may request correction to his or her personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought. A request to correct personal information should be forwarded to the Privacy Officer or other individual designated for this purpose.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.
Policy 6 - Securing Personal Information
6.1 We are committed to ensuring the security of the Owners' personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that the Owners' personal information is appropriately protected :
• A "clean desk" policy in the residences of council members;
• Securing portable storage devices, such as laptops from loss or theft;
• The use of user identities, passwords and, as appropriate , encryption , firewalls on computer equipment ;
• Restricting access to personal information as appropriate (i.e., only those that need to know will have access);
• Shredding papers and deleting electronic records containing personal information when the appropriate retention time period has passed;
• Physically destroying or completely erasing a discarded computer or other memory storage device;
• Contractually requiring any service providers, such as strata management companies , to provide, as a minimum, comparable security measures and to provide higher levels of security, such as locking file cabinets, when dealing with financial information.
6.3 We will use appropriate security measures when destroying an Owner's personal information by shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 - Providing the Parties Access to Personal Information
7.1 The Owners have a right to access their personal information, subject to the following limited exceptions which include situations where disclosure would:
• Put another person's safety at risk;
• Harm an investigation or legal proceeding ;
• Conflict with solicitor-client privilege;
• Reveal someone else's personal information;
• Reveal confidential business information.
7.2 A request to access personal information must be made in writing, provide sufficient detail to identify the personal information being sought and forwarded to the Privacy Officer or the individual designated by the Privacy officer for such purpose.
7.3 Upon request, we will also tell the Owners how we use their personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available:
Within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request or;
Within the time required under the SPA for records under Section 35 of the Act.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will informa the Owner of the cost and request further direction from the Owner on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the Owner in writing, providing the reaspons for refusal and the recourse available.
Policy 8 - Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 We will appoint a Privacy Officer who is responsible for ensuring Miravista’s compliance with this policy and the Pf PA.
8.2 Owners should direct any complaints, concerns or questions regarding Miravista’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the Owner may also write to the Information and Privacy Commissioner of British Columbia.