Privacy Policy
Privacy Policy
Effective Date: January 6, 2024
Introduction
This Privacy Policy (the “Policy”) describes the practices of Canadian Apartment Properties Real Estate Investment Trust and its Canadian subsidiaries (collectively, “CAPREIT”) in relation to the collection, use, retention, disclosure and protection of information about an identifiable individual (“Personal Information”). In particular, this Policy applies to Personal Information CAPREIT collects about individuals who:
(a) are prospective, current or former residents, occupants, guarantors or third-party payors of rent;
(b) are prospective employees or board members;
(c) are prospective, current or former investors;
(d) (are prospective, current or former vendors, suppliers, consultants, contractors, service providers or advisors (collectively, “service providers”);
(e) (visit CAPREIT’s properties or offices;
(f) request services from CAPREIT;
(g) visit CAPREIT websites, including https://www.capreit.ca and https://capreit.residentonline.ca/;
(h) use CAPREIT mobile or web applications; or
(i) otherwise interact with us.
This Policy was created to inform you of CAPREIT’s commitment to protecting your Personal Information and is based on the fair information principles and relevant requirements contained in applicable data protection laws. This Policy also includes information regarding CAPREIT’s compliance with Canada’s Anti-Spam Legislation (CASL).
How CAPREIT Collects Personal Information
The amount of Personal Information collected by CAPREIT is limited to what is necessary for the identified purpose of that collection.
CAPREIT may collect Personal Information (a) directly from you; (b) through automated means; and/or (c) from third-parties or other sources.
Directly from you
CAPREIT collects Personal Information you provide directly to CAPREIT:
(a) by mail, email, telephone, text or other electronic means;
(b) through websites, mobile or web applications;
(c) when you respond to social media posts; or
(d) in any other direct manner (for example, when you apply for a lease, participate in a survey, submit a job application, submit a bid or quote to provide services or become an investor).
Through automated means
CAPREIT may collect certain types of information using automated means, including when you visit our rental property, contact us over the phone, through video surveillance, video recordings, audio equipment, audio recordings or cookies, pixels and similar technologies when you interact with CAPREIT’s websites or mobile or web applications.
From third party sources
CAPREIT may collect Personal Information from third parties.
Subject to your consent or if required or permitted by applicable law, CAPREIT may collect Personal Information from current and former employers, current and former landlords, personal references, background check services, credit reporting agencies, and financial institutions.
CAPREIT may also collect Personal Information from other third parties, including, but not limited to, CAPREIT related companies, service providers, co-residents, occupants, guarantors, third-party payors of rent, business partners (including, entities from which CAPREIT acquires properties), brokers, recruiters, credit bureaus, and registrar and transfer agents.
CAPREIT may also collect Personal Information from publicly available sources of information or from authorities or public bodies.
What Personal Information CAPREIT Collects
The Personal Information CAPREIT collects includes:
(a) lease application information, including name and contact information (such as your email address, residential address and telephone number) for prospective residents, occupants, guarantors or third-party payors of rent, income and other financial information, rental history, references, credit history (including credit score and credit report from credit reporting agencies) and employment-related information;
(b) tenancy information, including name and contact information for all residents, occupants, guarantors or third-party payors of rent, emergency contact information, emergency medical information, proof of insurance, vehicle related information, bank account information and ownership of pets;
(c) job application (or board application) information, including name, contact information, resume, employment references, information in connection with credit checks and criminal record checks, education, recommendation letters, interview notes, employment history, eligibility to work in Canada and any additional information provided in the application form. CAPREIT sometimes works with recruitment agencies and job-board websites as part of its talent recruitment strategy. If you apply to a position with CAPREIT through these third parties, relevant Personal Information needed to process your job application may be passed on to CAPREIT in order to assess your candidacy. If you are offered an employment or Board position, CAPREIT will collect additional Personal Information pursuant to internal policies that will be communicated to you at that time;
(d) service provider information, including name, contact information, bids/quotes, customer references, proof of insurance and bank account information;
(e) investor information, including name, contact information, broker, unit ownership, meeting notes and investment activity;
(f) website and applications data, including cookies, location data, web logs and internet protocol address; and
(g) other information that may be used for the purposes described below and as may be requested from you from time to time.
How CAPREIT Uses the Personal Information
CAPREIT uses Personal Information for the following purposes:
(a) to determine your suitability for a lease, including creditworthiness;
(b) to schedule property viewings;
(c) to administer your lease agreement and tenancy; including to communicate with you, process rent payments, arrange for maintenance or repairs, to confirm payment of utility bills, to facilitate the set-up, switch-over or closing of utility accounts, to repay security deposits and to collect debts;
(d) to enforce the terms of your lease agreement, including collection of any judgment that may be obtained against you as a consequence of a breach of your lease agreement (or other related agreement);
(e) to communicate with you regarding your job application and/or process information related to a job application or offer of employment;
(f) to communicate with employees and administer the employment relationship;
(g) to communicate with board members, administer their appointment and for governance and regulatory purposes;
(h) to communicate with service providers and administer and enforce contracts;
(i) to communicate with you by email, phone or mail about CAPREIT’s services, events, surveys, and other information that may be relevant to you;
(j) to protect CAPREIT’s assets, business, properties, residents, occupants, employees and other individuals;
(k) to facilitate actual or potential business transactions, such as the sale of assets or business or any financing;
(l) for business planning purposes, internal control, business continuity and internal/external auditing;
(m) CAPREIT uses video recordings to protect residents, occupants, guarantors, visitors, employees, job applicants, service providers and other individuals who visit CAPREIT’s rental properties or offices, and to maintain security of these locations, as further described in the “Video Surveillance and Recordings” section;
(n) CAPREIT uses audio recordings for quality assurance and training purposes, as further described in the “Audio Equipment and Recordings” section below;
(o) CAPREIT uses cookies, pixels and similar technologies to improve the display and content of CAPREIT’s websites and to understand how users interact with CAPREIT’s websites. CAPREIT may also use this information for advertising purposes. To learn more about CAPREIT’s use of these technologies and how to manage your preferences, please see the “Cookies and Similar Technologies” section below;
(p) to respond to your request or inquiry;
(q) to document and investigate incidents;
(r) to investigate, resolve or defend any complaint, dispute, claim or investigation;
(s) to comply with a legal obligation;
(t) for other legitimate business activities;
(u) for other purposes that may be communicated separately; and
(v) as otherwise required or permitted by law.
Who CAPREIT Shares Your Personal Information With
CAPREIT may share your Personal Information with others, such as:
(a) CAPREIT’s affiliates;
(b) CAPREIT’s service providers, who may use Personal Information on CAPREIT’s behalf in connection with the purposes listed above, including to communicate with you directly;
(c) CAPREIT’s insurers;
(d) External auditors;
(e) any co-resident, occupant, guarantor or third-party payor of your rent if required under your lease agreement or related housing agreement;
(f) through public directories of residents maintained by CAPREIT (e.g., by the front door);
(g) credit reporting agencies to evaluate your credit worthiness in connection with an application for lease;
(h) former and current employers, former and current landlords, personal references, and present banking institution, all of whom are named by you in documents submitted to CAPREIT so that CAPREIT may contact them as part of the process of evaluating your lease or job application, as the case may be;
(i) third parties to enforce the terms of your lease agreement (or any related agreement), including collection of any judgment that may be obtained against you as a consequence of a breach of your lease agreement (or any related agreement);
(j) providers of any security alarm system, cable television, telephone, telecommunication, internet and internet connectivity, hydro-electricity, water/hot water, gas and/or other similar or related services that are available and outlined in the lease agreement. These third-party providers are restricted to using your Personal Information in order to fulfill other than for the purpose of contacting you for the provision of such services, and all of whom are disclosed on Schedule “A” of this Policy from time to time;
(k) governmental authorities when required to comply with CAPREITs legal obligations (for example, CAPREIT may disclose your Personal Information to Canada Customs & Revenue Agency, to whose attention the T-5 interest income tax information return and/or the NR4 non-resident withholding tax information return is submitted (where applicable));
(l) after-hours technology and customer service providers who may have access to such Personal Information incidentally through their administration and servicing of software used by CAPREIT in business operations;
(m) third-parties in connection with a disposition of your building, an assignment of your lease agreement (or other related agreement) or to obtain financing;
(n) advisors or potential buyers or financiers (debt or equity) in connection with an actual or potential business transaction, such as the sale of assets or business or any financing; and
(o) other third-parties where you further consent to such disclosure or as otherwise required or permitted by law.
Consenting to CAPREIT’s Collection, Use and Disclosure of Your Personal Information
In most cases, the collection, use or disclosure of your Personal Information by CAPREIT requires your knowledge and consent. At certain times, your consent for the collection, use and disclosure of your Personal Information may be implied from the manner in which it is collected. For example, when you provide CAPREIT with your Personal Information in connection with a lease or job application, you have implicitly consented to CAPREIT collecting, utilizing and disclosing your Personal Information in a manner necessary to determine your suitability for, and administer, your lease or to communicate and process your job application. In other cases, your acknowledgement of this Privacy Policy constitutes your consent, such as when you accept an agreement that incorporates this Policy or use our website or mobile applications. Consistent with legal requirements, we may from time to time separately ask for your express consent to handle your Personal Information for particular or new purposes.
You may always choose not to supply CAPREIT with your Personal Information or request to withdraw consent to the ongoing collection, use or disclosure of your Personal Information. This may impact CAPREIT’s ability to provide you with services. We will explain to you any consequences of a request to refuse or withdraw your consent, as well as any situations where we cannot fulfil your request.
Collection, Use and Disclosure of Personal Information Without Consent
There are certain circumstances where CAPREIT may, or may be required to, collect, use or disclose your Personal Information without your knowledge or consent. Those circumstances include (but are not limited to):
(a) if the collection, use or disclosure without your knowledge or consent is required or permitted by law;
(b) the Personal Information is provided to CAPREIT’s lawyers;
(c) for the purpose of collecting a debt you owe to us;
(d) for the purpose of resolving or defending a complaint, dispute, claim or investigation;
(e) to comply with a subpoena, warrant or order made by a court, person or body with jurisdiction to compel the production of information;
(f) to comply with rules of court relating to the production of records;
(g) to comply with a request for information from a government institution or investigative body that has identified its lawful authority to obtain the information;
(h) to comply with a request from a government agency (e.g., Canada Revenue Agency, Information and Privacy Commissioner, Human Rights Commission, etc.) that has authority to review CAPREIT’s files and interview CAPREIT’s employees as a part of their mandates;
(i) for the purpose of acting in respect of an emergency that threatens the life, health, or security of an individual; or
(j) the Personal Information has been collected when consent is not required.
Retention of your Personal Information
CAPREIT maintains policies and practices governing the retention and destruction of Personal Information in its possession or custody. CAPREIT retains your Personal Information for as long as it is necessary to fulfill the purposes for which it was collected or used and to comply with applicable laws.
Protection of your Personal Information
CAPREIT will protect your Personal Information in a manner that is consistent with and appropriate to the sensitivity of that Personal Information. For example, CAPREIT employs physical, technical and organizational measures to ensure your Personal Information receives an adequate level of protection while it is under CAPREIT’s care, including when your Personal Information is transferred to one of CAPREIT’s service providers located outside the jurisdiction where you reside. CAPREIT’s handling of your Personal Information will respect its confidential nature at all times from the time of its collection until its ultimate disposal or destruction.
CAPREIT maintains policies and practices which ensure the protection of your Personal Information. Depending on the volume and sensitivity of the information, the purposes for which it is used and the format in which it is stored, CAPREIT implements a combination of measures to protect your Personal Information, including:
- Internal practices that limit employee access to Personal Information
- If information is collected or stored in electronic format, technical safeguards such as encryption, firewalls, antivirus software and similar measures;
- A designated Privacy Officer to monitor CAPREIT’s compliance with applicable data protection laws;
- Employee privacy and data security training;
- Procedures for receiving, investigating and responding to complaints or inquiries regarding CAPREIT’s information handling practices, including any security incidents involving Personal Information; and
- Framework governing the retention and destruction of Personal Information, as more fully described above in the “Retention of Your Personal Information” section of this Policy.
While CAPREIT takes all reasonable measures to safeguard your personal information, please note that no method of electronic transmission of personal information can be guaranteed to be completely secure.
Transfers of Personal Information to Other Jurisdictions
CAPREIT may store your Personal Information within or outside of Canada. Some of CAPREIT’s service providers may also access, process or store your Personal Information outside the province where you reside. In that case, CAPREIT uses reasonable safeguards to ensure that CAPREIT’s service providers protect your Personal Information wherever it is used or stored. When your Personal Information is used or stored in a jurisdiction other than where you reside, it may be subject to the law of that foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.
Canada’s Anti-Spam Legislation (CASL)
A list of persons or business entities to whom your Personal Information may be provided after signing a lease, and who may, in turn, send Commercial Electronic Messages (CEMs) to you is attached as a schedule to this Policy under the heading: “Third Party Disclosure”. At this time, CAPREIT has taken steps to generally prohibit third parties from using your Personal Information for the purpose of sending you CEMs unless same are exempt from restrictions of, or are otherwise sent in full compliance with, CASL.
Use of Video Surveillance, Recordings and Photographs
Video equipment may be installed and operating in common areas of CAPREIT’s rental buildings and offices. The video equipment may have capabilities such as zoom, or night-vision features. The video equipment may be operating at all times. Surveillance of the video recordings or the taking of photographs may occur at any time to: (a) ensure the safety, security and reasonable enjoyment of CAPREIT’s residents, occupants, employees, service providers and other visitors to CAPREIT’s rental properties and offices; (b) ensure you have access to the premises, equipment and services that CAPREIT has agreed to provide; (c) to preserve CAPREIT’s property and to deter crime; (d) to document and investigate incidents; (e) to investigate, resolve or defend any complaint, dispute, claim or investigation; and (f) to assist in administration of business operations .
Where required by law, signs will be posted informing you that video equipment is operating and recording Personal Information about you. You can contact CAPREIT’s Privacy Officer if you have questions regarding the video recordings.
Use of Audio Equipment and Recordings
When you contact CAPREIT’s customer service helpline, CAPREIT may make audio recordings of its employees, service providers, residents or other individuals. There are several purposes for making the recordings, which include: situations where there are work-related performance issues in respect of CAPREIT’s role as employer, to ensure the safety of the workplace, for quality control, for training, and to prevent harassment.
Audio recordings may be made during meetings, interviews, or telephone calls between CAPREIT and its employees, service providers, residents and other individuals. Calls made to CAPREIT may also be recorded for training and quality control purposes.
Information recorded by the audio equipment may capture communications of any of the following persons: the employer, employee, residents, contractors, and the general public.
Exercising your Right to Access or Rectify your Personal Information and Other Privacy Rights
Access to your Personal Information held by CAPREIT may be requested by contacting the Privacy Officer in writing. Upon such written request, you shall, to the extent possible and/or where permitted under applicable law, be informed of the existence, use and disclosure of your Personal Information and be given access to and ensure the accuracy of that Personal Information.
You also have the right to request the rectification of your Personal Information if it is inaccurate, incomplete or no longer up to date. Depending on where you reside, you may also be entitled to request the rectification or deletions of your Personal Information if our collection, disclosure or retention of such information is not authorized by law.
Any questions with regard to requesting access to, or rectification of, Personal Information or your other privacy rights may be addressed to the Privacy Officer.
CAPREIT undertakes to use reasonable efforts to maintain the accuracy, completeness and currency of your Personal Information that is held by CAPREIT as is necessary to fulfill the purpose for which it was collected and is to be used. CAPREIT may, from time to time, ask you to confirm the accuracy of your Personal Information for such purpose.
Cookies and Similar Technologies
When you visit the CAPREIT website(s), CAPREIT may collect and use your internet protocol address to help diagnose problems with CAPREIT’s server and to administer the website, to understand how users interact with the CAPREIT website, and to gather broad demographic information. CAPREIT may also collect web page choices, information about your browser, device, platform, and operating system and versions, and time you spend on the site, to help CAPREIT improve your experience. Although the CAPREIT website(s) may collect high-level information about your location (for example, the longitude and latitude associated with your municipality), they do not collect precise geolocation without your consent.
CAPREIT uses “cookies”, a technology that installs a small amount of information on a website user’s computer, to permit CAPREIT’s website to recognize future visits using that computer and to avoid having to register your contact information at each visit. Cookies enhance the convenience and use of CAPREIT website(s). For example, the information provided through cookies is used to recognize you as a previous user of CAPREIT’s website(s), to track your activity on CAPREIT’s website(s) and obtain general information about other websites you have visited, to respond to your needs, and to otherwise facilitate your experience on CAPREIT’s website(s). You may choose to decline cookies if your browser permits, but doing so may affect your use of CAPREIT’s website(s) and your ability to access certain features of CAPREIT’s website(s) or engage in transactions through our website(s).
CAPREIT also uses web cookies and pixel tags to track user behaviour on CAPREIT’s websites and to compile reports regarding user demographics, and website tracking patterns. Within CAPREIT’s applications, CAPREIT may also use analytic tools and automated tracking technology or methods. CAPREIT uses these tools to analyze and enhance the user experience. Please visit CAPREIT’s cookie policy for more information.
CAPREIT may use third-party advertising networks to display advertising on CAPREIT’s websites or other websites. These advertising networks use cookies or similar technologies to track your navigation habits on our websites and third-party websites in order to serve you advertising that is customized to your inferred interests and preferences. For example, a cookie may be placed on your computer when you visit a CAPREIT website, which is recognized and used by third-party advertising networks to serve you with a CAPREIT ad when you visit other websites within their advertising network. As described above, you may be able to set your browser to decline cookies. Where required by law, CAPREIT will ask for your consent before enabling such technologies. If you decline cookies you may still receive online advertising; however, it may be less personalized. Some advertising networks participate in industry programs that include web pages to visit to opt-out. For example: http://youradchoices.ca/choices.
Third Party Websites
CAPREIT may provide links to other websites that are not operated or controlled by CAPREIT. These websites are not governed by this Policy. You should review the privacy policy associated with any linked website prior to visiting the site or providing any information.
Additional Rights for European Economic Area (EEA)/ Swiss Residents
If you are from the EEA or Switzerland, you may have the right to exercise additional rights available to you, including:
- Right to erasure: In certain circumstances, you may have a broader right to erasure of Personal Information that CAPREIT holds about you. Please note that CAPREIT may need to retain certain information for record-keeping purposes, to complete transactions, or to comply with CAPREIT’s legal obligations
- Right to object to processing: You may have the right to request that CAPREIT stop processing your Personal Information
- Right to restrict processing: You may have the right to request that CAPREIT restricts processing of your Personal Information in certain circumstances (for example, where you believe that the Personal Information CAPREIT holds about you is inaccurate or unlawfully held)
- Right to data portability: You may have the right to be provided with your Personal Information in a structured, machine readable and commonly used format and to request that CAPREIT transfer the Personal Information to another data controller without hindrance
To exercise such rights, please contact CAPREIT as set forth at the end of this Policy.
You also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
Children’s Personal Information
CAPREIT’s website(s) are for those who are over the age of majority. CAPREIT does not knowingly solicit or collect any Personal Information from children under the age of majority through CAPREIT’s website. If you are under the age of majority, please do not submit any Personal Information through the website. If CAPREIT is notified or discovers that a child under the age of majority has submitted Personal Information to us, CAPREIT will take reasonable steps to delete the information.
Changes to CAPREIT’s Privacy Policy
CAPREIT reserves the right to change this Policy from time to time. If CAPREIT makes a significant change, CAPREIT will provide a more prominent notice when required by applicable laws. CAPREIT recommends that you periodically review this Policy, which is available on CAPREIT’s website www.capreit.ca, so that you are aware of any changes. Your continued use of CAPREIT’s services or website following the posting of any changes to this Policy or after having been informed of such changes shall constitute your acceptance of these changes. The “Effective Date” at the top of this Policy indicates when it was last updated.
Responsibility for Compliance with our Privacy Policy
Our Privacy Officer is responsible for overseeing CAPREIT’s compliance with this Policy and may be contacted at the following address:
Privacy Officer, Elise Lenser
Canadian Apartment Properties Real Estate Investment Trust
11 Church Street Suite 401
Toronto, ON M5E 1W1
Questions or concerns about our privacy practices
Please address any questions or concerns about our compliance with this Policy or our privacy practices generally to the Privacy Officer by email at privacy@capreit.net or at the address indicated above.
Schedule "A": Third Party Disclosure List
Below is a list of Third Parties that the Landlord may provide Personal Information to and who may send you CEMs.
Bell Canada
1050 côte du Beaver Hall, Montréal, Québec H2Z 1S4 www.bell.ca
Bragg Communications Inc.
6080 Young Street, Halifax, Nova Scotia B3K 5M3 www.eastlink.ca
Cogeco Cable Canada LP
950 Syscon Road, PO Box 5076, STN LCD 1, Burlington, Ontario L7R 4S6 www.cogeco.ca
Firetronics 2000 Inc.
550 Alden Rd Unit #110, Markham, ON L3R 6A8
Western Fibre Communications Corp.
1100, 225 6th Avenue S.W., Calgary, Alberta, T2P 1N2 getmoby.com
Rogers Communications Partnership
855 York Mills Road, Toronto, Ontario M3B 1Z1 www.rogers.com
TELUS Communications Inc.
510 West Georgia St, Vancouver BC V6B 0M3 www.telus.com
Videotron
612 St. Jacques Street, Montreal, Quebec h2C 4M8 www.videotron.com