PRIVACY POLICY
Last update: June 2023
PREAMBLE
Cominar Real Estate Investment
Trust, its subsidiaries and affiliates (hereinafter
referred to as "Cominar" or "We" or “Us”)
outlines below its practices with respect to the management of Personal
Information collected on Cominar's web sites or
platforms, social media accounts (including but not limited to Facebook,
Instagram, Twitter, and LinkedIn) or any mobile applications, if any (the
"Site(s)").
Accordingly, this Privacy Policy (hereinafter referred to as the "Policy")
sets out the principles that guide the way we collect, use
and disclose Personal Information. The Policy should be read and interpreted jointly
with our Terms of use.
1. DEFINITIONS
"User" or "You" means an
individual who (i) uses our Site; (ii) corresponds in
any way with Cominar; (iii) participates in a Cominar survey, contest or promotion; (iv) is a member of a Cominar program,
including loyalty, an email list or a newsletter; or (v) accesses, uses or buys
any other service offered by Cominar.
"Collection" means the action of
collecting, acquiring or obtaining Information in any
way and by any means whatsoever, including from third parties.
"Disclosure" means the act of
revealing Personal Information to a third party.
"Personal Information" means any
personal information that relates to a natural person and allows that person to
be identified.
"Privacy Officer" means the person
referred to in section 10 of this Policy.
2. COLLECTION OF INFORMATION
Type of Personal Information collected
In order to provide our services, we have
to collect certain Personal Information regarding a user which allow to
identify him. Unless permitted by law or consented by yourself, we collect only
the Personal Information that is necessary for our business, such as your name,
telephone number, email address, postal code and
language preference for communication purposes.
Means used for Collection
Cominar may collect information by traditional or technological means.
We respect your privacy at all times and use only
lawful means to collect your Personal Information.
In order to use certain features of our
Site, we may ask you to provide Personal Information. We only collect Personal
Information that is necessary to provide you with our various services.
Wherever possible, we indicate which fields are required and which are
optional.
If you use the contact features, such as "Contact",
"Inquire Now" or "Maintenance Request" on our Site, we
may collect your name, email address, telephone number, and other relevant
information about your request. We use this information to respond to your
enquiry or comments. If you send us emails or letters, we may collect Personal
Information in a file about you.
If you subscribe to a mailing list, we will collect your name and
email address to send you emails about various news and promotions. Even after
you have subscribed to one or more newsletters and/or accepted one or more
offers to receive marketing and/or promotional communications from us, you may
choose to change your preferences by following the "Unsubscribe" link
provided at the end of the email or communication received.
If you apply for a job through the “Career” section of the Site, we may collect
the following personal information regarding your job application:
·
First and last name;
·
Email address;
·
Phone number;
·
Information regarding previous employment;
·
Any other information contained in the resume;
With your consent, these Personal Information can be used to communicate
with you regarding other job opportunities similar to
the one you applied.
When you visit our Site, we may collect information about your
visit through cookies and similar tracking technologies.
Please note that if you purchase gift cards or make purchases on our
Site, Cominar does not collect any information regarding your credit card. Those information are treated independently by third party service
provider.
Unless permitted or required by applicable laws or regulations or unless
we have your consent, we will retain your Personal Information only as long as
necessary to fulfill the purposes for which it was collected, including legal,
accounting or auditing requirements. Furthermore, Cominar does not sell your
Personal Information to any third parties.
3. DISCLOSURE OF PERSONAL INFORMATION
Cominar will only disclose your Personal Information with your consent
or if it is legally authorized to do so, including in the following situations:
·
Transfer Personal Information to third-party service
providers (including affiliates acting in this capacity) that perform services
on our behalf, such as data hosting and processing, and to complete
transactions. In that case, our third-party service providers can only use your
Personal information for the ends for which they have access.
·
In the context of a business transaction, in
connection with the proposed or actual financing, securitization, insuring,
sale, assignment, or other disposal of all or part of Cominar, or our business
or assets, for the purposes of evaluating and/or performing the proposed
transaction. Assignees or successors of Cominar, or our business or assets, may
use and disclose your Personal Information for similar purposes as those
described in this Policy.
·
Disclose Personal Information as necessary to meet
legal, regulatory, insurance, audit and security
requirements, and otherwise with your consent, or as permitted or required by
law (including as required by Canadian and foreign laws applicable to us or our
service providers). Accordingly, in response to a request from law enforcement
or government officials regarding a criminal investigation or suspected illegal
activity, we may (and you authorize us to) disclose your name, city, province,
telephone number, email address and order history without a subpoena. However, in order to balance your right to privacy with the ability
to keep the community free of bad actors, we will not disclose additional
information to law enforcement or other government officials without a
subpoena, court order or similar legal process, unless the additional
Disclosure of Personal Information is necessary to prevent imminent physical
harm or financial loss.
·
In the event that your Personal
Information are disclosed outside of the Province of Quebec, this disclose will
be done in conformity of the applicable laws. By using this Site, you consent to
the disclosure of your personal information outside of Quebec when necessary for
their processing, whether this disclosure is made by Cominar or by a service
provider.
4. CONSENT
Pre-Collection consent
By continuing to browse our Site and submitting Personal Information to
us through the means listed above, you consent to the Collection, use and
Disclosure of your Personal Information in accordance with this Policy.
Refusal to consent
Where a User refuses to consent to the Collection of Personal
Information, we endeavour to provide the same services as if they had
consented.
However, certain features and services of the Site require the
Collection of Personal Information in order to
function properly. Thus, it is possible that a User's
refusal to consent to the Collection of Personal Information may result in a poorer
quality service or a less efficient and/or adapted service. In some cases,
services may not be rendered. If you do not consent to the collect of Personal
Information or retreat it subsequently, there may have an impact on the
rendered services.
Advertising
You can unsubscribe from an advertising subscription at any time by
clicking on the "Unsubscribe" link in any advertising email we send
you.
You may also opt-out of receiving advertising by contacting the Privacy
Officer by email or mail at the address provided in section 10 "Contact
Us" below.
Cookies and other tracking technologies
When you visit our Site, we use cookies and similar tracking
technologies to collect information to remember your preferences and settings
as you navigate our Site. The information collected includes: your IP address,
the date and time of your visit, the pages you visit, the features you use, the
referring URL you came from and the URL you go to next, clickstream behavior
(i.e., the pages you view, the links you click, and other actions you take in
connection with the Site), your browser type, and the language you select.
Many web browsers allow you to manage your preferences. You can set your
browser to refuse cookies or delete certain cookies. You may be able to manage
other technologies in the same way that you manage cookies using your browser’s
preference. In some instances, tracking tools used by third-party service
providers may be disabled. For example, Google allows you to deactivate cookies
designed to target ads by accessing the Opt-Out page of its main
website. Google Analytics may also be
deactivated once you download the browser add-on
available for that purpose. You may also decline the use of cookies by other
third-party vendors by logging on to the Network
Advertising Initiative consumer deactivation page.
5. USE OF THE INFORMATION COLLECTED
The information collected by Cominar allows us to achieve the following
objectives: improve the user experience and promote and/or sell products and
services.
The following is a list of the different uses of such information by
Cominar:
· To personalize our
establishments, our Site and our applications to Users’ preferences;
· To improve the performance
of our Site and our applications provided to Customers;
· To distribute information bulletins;
· To distribute invitations;
· To answer requests for information;
· To conduct surveys;
· To compile statistics
defining our typical User and their preferences;
· To conduct market studies;
· To provide services and
partnerships tailored to our Customers’ needs and
preferences;
· To advertise promotions
and programs;
· To perform targeted advertising;
· To prevent fraud;
· Any other required use to
achieve the objectives mentioned in the first paragraph of this section;
· Any other use to which the
Customer expressly agrees.
Personal Information are kept until the finality of the collection is reached.
Once the finality is reached, the Personal Information are destroyed or
anonymized for subsequent use in conformity of the law.
6. INFORMATION HOSTING
AND SECURITY
We protect your Personal
Information by deploying reasonable technical, physical
and administrative security measures to reduce the risk of loss and misuse, or
unauthorized access, Disclosure or modification of such Personal Information.
Access
Access to Personal
Information held by Cominar is restricted to those employees whose duties
require the use of such Personal Information, and only to those subcontractors
whose mandate or performance of a contract makes it necessary to use the
Personal Information.
Hosting
We may use Canadian
companies to securely process or store your Personal Information. These
specialized companies deploy Security measures such as secure servers and
firewalls. All third-party providers to which your Personal Information is communicated
to, namely those who are responsible for their processing or their retention, have
committed to insure their protection.
Inherent Risks
Sharing Personal Information
via Internet is not without risks. Although we take reasonable measures, we
cannot guarantee the protection of Personal Information. In no case will
Cominar be responsible of a confidentiality breach regarding your Personal
Information for which could not be reasonably prevented.
7. USE BY MINORS
Our Site is not intended for
use by persons under 14 years of age. If you are a parent or guardian and
believe that we have collected Personal Information about a child under the age
of 14, contact the Privacy Officer at the contact information listed in section
10 "Contact Us" below.
8. MODIFICATION OF THE
POLICY
This Policy is effective as
of the date at the top of the Policy. Our Policy may be updated from time to
time. We recommend that you review it frequently. At our discretion, we could
also contact you, namely by email, to advise you of any modification of the
Policy.
9. RIGHT TO ACCESS,
MODIFY OR REMOVE YOUR INFORMATION
In accordance with the applicable
laws, you have the right of access to your Personal Information under certain
circumstances. Any request to access, rectify, modify
or remove your Personal Information must be made in writing and sent to us at
the email or postal address listed in section 10 "Contact Us" below. In order to adequately process your request, we may ask you
certain information in order to confirm your identity.
A request for access may be
subject to a fee to cover the costs of disclosing the Personal Information we
hold about you.
10. CONTACT US
If you have any questions,
requests regarding this Policy or complaints, please contact the Privacy
Officer by email or mail at:
Att.:
Marie-Josée Lapierre
Cominar Real Estate
Investment Trust
2820 Laurier Boulevard, Complexe Jules-Dallaire - T3
Suite 750
Quebec City (Quebec), G1V
0C1
Fax: 418 681-2946
confidentialite@cominar.com
If you would like to access
your Personal Information, please submit your request in writing to
the Privacy Officer at the address indicated above and by presenting
satisfactory proof of identity and proof of your right of access, as well as
details about the kind of information you seek. We will respond to such
requests within the time prescribed by law, or in the absence of a prescribed
time, within a reasonable time as soon as all this request’s relevant documents
are received.