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Our Policy

Privacy Policy

We at Edenshaw Developments (the “Vendor”, “we”, “our” or “us”), value the trust that you have shown in our business and, in turn, we are committed to maintaining the accuracy, confidentiality, and security of your personal information. To that end, we have adopted this privacy policy (the “Privacy Policy”). This Privacy Policy explains how we collects, uses, discloses and safeguards the personal information provided to us either directly by you or by a third party, which collects your personal information and transfers it to us for the purposes outlined below. By providing personal information to us or authorizing a third party to provide your personal information to us, you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. For purposes of this Privacy Policy, “personal information” shall mean any information that can identify an individual directly or through other reasonably available means, and will not include information deemed not to be personal information in accordance with applicable law.

As part of our commitment to treat your personal information with respect, we operate in accordance with the following ten principles (the “Principles”):

Principle 1 – Accountability
Principle 2 – Identifying Purposes
Principle 3 – Consent
Principle 4 – Limiting Collection
Principle 5 – Limiting Use, Disclosure and Retention
Principle 6 – Accuracy
Principle 7 – Safeguarding Customer Information
Principle 8 – Openness
Principle 9 – Customer Access
Principle 10 – Handling Customer Complaints and Suggestions

Principle 1 – Accountability

We are responsible for and will maintain and protect personal information in our possession or custody, including personal information that we may transfer to third parties for processing. We have designated an individual or individuals who is/are accountable for compliance with the Principles. The overall responsibility for ensuring our compliance with data privacy laws and this privacy policy rests with the Privacy Officer, whose name and contact information is included below, although other individuals within the Vendor have responsibility for the day-to-day collection and processing of personal information and may be delegated to act on behalf of the Privacy Officer. Please see below for the contact information of our Privacy Officer.

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Principle 2 – Identifying Purposes

The purposes for which personal information is collected by us will be identified to you before or at the time the information is collected.

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Principle 3 – Consent

Except where required or permitted by law, your informed consent is required for our collection, use or disclosure of your personal information. By providing personal information to us or authorizing a third party to provide your personal information to us, you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. However, additional consent will be sought after the personal information has been collected, if it is required for a new purpose. In certain circumstances, obtaining consent would be inappropriate. The federal Personal Information Protection and Electronic Documents Act and provincial privacy laws provide for exceptions where it is impossible or impractical to obtain consent.

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Principle 4 – Limiting Collection

The personal information collected by us shall be limited to those details necessary for the purposes identified to you.

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Principle 5 – Limiting Use, Disclosure and Retention

We will only use or disclose your personal information in accordance with the purposes for which it was originally collected unless you have otherwise consented, or when it is required or permitted by law. We will retain your personal information only for so long as is required to fulfill the purpose for which it was collected or as required by law, and we will ensure that the personal information is destroyed in a secure manner, erased, or made anonymous when it is no longer required to fulfill our services and commitments to you or to enforce our rights or meet our obligations, including in respect of the credit granted to you by the Vendor. We do not sell and/or trade customer lists to third-party companies and organizations.

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Principle 6 – Accuracy

We shall make every reasonable effort to ensure your personal information is maintained in an accurate, complete and up-to-date form.

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Principle 7 – Safeguarding Customer Information

We shall utilize no less than industry standards security safeguards to protect your personal information.

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Principle 8 – Openness

If you would like a copy of our privacy policies we would be more than happy to provide one to you and if you have any questions regarding same, we are more than happy to discuss the merits with you.

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Principle 9 – Customer Access

Upon your request, we shall inform you of: (i) the type of personal information we have collected; (ii) how we have used your personal information in the past, and how we may in the future; and (iii) whether or not we have disclosed your personal information to any third parties (and, if so, to whom). Individuals may verify the accuracy and completeness of their personal information, and may request that it be amended, if appropriate. There may be circumstances where we are unable to provide access to your personal information. We may deny access for legally permissible reasons, such as situations where the information contains references to other individuals and is not reasonably severable, or where it cannot be disclosed for legal, security, or commercial proprietary reasons. We will advise the individual of any reason for denying an access request. When an individual successfully demonstrates the inaccuracy or incompleteness of personal information held by us, we will correct or update the information as required. Please note that before we are able to provide you with any information or correct any inaccuracies we may ask you to verify your identity and to provide other details to help us to respond to your request.

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Principle 10 – Handling Customer Complaints and Suggestions

Customers may direct any questions or enquiries with respect to the Principles or about our information handling practices by contacting:

Edenshaw Developments
260 Brunel Road
Mississauga, Ontario
Canada L4Z 1T5
Attention: Edenshaw Privacy Officer
Phone: 905-990-3500
Fax: 905-890-9501
Email: info@edenshaw.com

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Specific Information Handling Practices

Why We Gather Personal Information

We gather (either directly, or through our agents) and use personal information in order to assess whether to enter into an agreement of purchase and sale for property (“APS”), and thereafter, to facilitate the completion of the transaction for purchase and sale, as provided for in the APS, for post-closing and after-sales customer care purposes and for property management purposes. Depending on whether you have entered into an APS with us, or are still pre-sale, the following sets forth certain purposes for which we may collect personal information:

  • to assist with coordinating utility providers in association with your condominium unit;
  • to process invoices, payment, credits, and refunds in respect payments made pursuant to the APS;
  • to respond to requests for service or information or any other requests made by you or on your behalf by any individual;
  • to register your ownership of certain property in respect of municipal and other charges and levies pursuant to the Development Charges Act and/or Education Act, or other municipally-based fees you are required to pay as a result of your purchase of property under the APS;
  • to assess credit worthiness in situations and circumstances in which we extend credit to you;
  • to register your purchase of property for the purposes of warranty programs;
  • to communicate with your legal counsel for the purposes of the transaction contemplated by the APS;
  • to work with your bank and/or mortgage provider for the purpose of the transaction contemplated by the APS;
  • to work with a selling agent for the purposes of the transaction contemplated by the APS;
  • to exercise the power of attorney granted by you in favour of us pursuant to the APS;
  • to register and perfect a security interest, and register against title to your property, in favour of us for the purposes of securing the credit extended to you by us;
  • to authenticate users and account holders; and
  • to help effect an assignment of an agreement in the event you sell your property or otherwise as provided for in the APS.

We also use the personal information you have provided to us to communicate with you and safeguard your and our respective interests. We will send you important notices, and respond to any special needs or enquiries you may have. We may also send you information about other products and services in which we believe you may be interested. You may opt-out of receiving this information by sending us an email specifying that you do not wish to receive such information, using the contact information provided above.

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Types of Information We Collect

The type of personal information we may ask for depends on and is related to the reason (or purpose) such personal information was provided to us. For instance, in order to process post-dated cheques in accordance with the APS, we will require some financial or banking information. In addition to the foregoing, the following is a description of the type of personal information that we may ask for:

  • name;
  • home address;
  • postal code;
  • phone number;
  • facsimile number;
  • email address;
  • age;
  • date of birth;
  • marital status;
  • occupation;
  • employment status;
  • current home ownership details;
  • intention regarding rental or owner occupation of the unit;
  • residency status;
  • social insurance number
  • certain financial and banking information for post-dated checks and/or pre-authorized payments;
  • credit history (only in situations and circumstances when we extend credit to you);
  • birth date and other personal identifiers used for identification as applicable;
  • scheduled closing date of the transaction under the APS;
  • desired suite design and colour/finish selections;
  • your selling agent;
  • tentative occupancy date;
  • copy(ies) of photo identification for the purposes of completing the transaction;

The choice to provide us with your personal information, either directly or through a third party, is always yours. However, your decision to withhold particular information may result in limiting our ability to provide you with the services or products you requested.

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How We Collect Such Personal Information

We may gather such personal information from you in person, through the APS, via the Internet, over the telephone or by corresponding with you via mail, facsimile, the Internet, or from third parties. Our properties are typically managed by a property manager and, as such, a lot of the personal information we collect will be through our property manager who is acting on our behalf. WHILE WE TRY TO ENSURE THAT EVERY THIRD PARTY WHO DISCLOSES PERSONAL INFORMATION TO US HAS YOUR CONSENT TO DO SO, IF YOU BELIEVE THAT A THIRD PARTY HAS INAPPROPRIATELY DISCLOSED YOUR PERSONAL INFORMATION TO US, PLEASE CONTACT THAT THIRD PARTY. IF THEY DO NOT ADEQUATELY RESPOND TO YOUR INQUIRIES, PLEASE LET US KNOW IMMEDIATELY. For purposes of maintaining quality service, calls to our customer service lines may be recorded. A recorded message given prior to your call being answered will let you know if your call may be the subject of our random call recording quality assurance program.

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The Vendor’s Websites

When you visit our web site, information is not collected that could identify you personally unless you choose to provide it voluntarily. You are welcome to browse the Web site at any time anonymously and privately without revealing any personal or financial information about yourself.

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When Information May be Disclosed to Outside Parties

Except as specifically provided for in this Privacy Policy, we do not disclose any personal information to third parties. The following are the limited instances where we may disclose your personal information to third parties:

  • to companies or legal entities that are associated with, related to or affiliated with us,
  • for the purposes of constructing the project, customer care and property management (including leasing the condominium unit on your behalf);
  • to financial institutions providing mortgage financing, banking and/or other services to you relating to the transaction contemplated by the APS (contact information only);
  • to lawyers providing legal services to you relating to the transaction contemplated by the APS (contact information only);
  • to our construction lender, the project monitor, our designated take-out lender, Tarion Warranty Corporation and/or any warranty bond provider and/or excess condominium deposit insurer engaged in connection with the development and/or construction financing of the condominium;
  • to insurance companies providing insurance coverage with respect to our property (or any portion thereof) and/or the common elements of the condominium, including without limitation, title insurance companies;
  • to trades/suppliers or sub-trades/suppliers who have been retained by or on behalf of us (or who are otherwise dealing with us) to facilitate the completion and finishing of the condominium unit and installation of any extras or upgrades ordered or requested by you;
  • to providers of cable television, telephone, telecommunication, hydro-electricity, chilled water/hot water, gas and/or other similar or related services to your condominium unit (contact information only);
  • relevant governmental authorities or agencies including, without limitation, the Land Titles Office, the Ministry of Finance for the Province of Ontario (with respect to Land Transfer Tax) and Canada Customs & Revenue Agency (with respect to the Applicable Taxes);
  • 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), which will contain or refer to the Purchaser’s social insurance number or business registration number (as the case may be), as requested by Regulation 201(1)(b)(ii) of the Income Tax Act;
  • to our solicitor or your solicitor to facilitate interim occupancy and/or final closing of this transaction, including the closing by electronic means via the Teraview Electronic Registration System and electronic delivery of documentation via the Internet;
  • to the Condominium board for purposes of facilitating the completion of the Condominium board’s voting, leasing and/or other relevant records, and to the Condominium’s property manager for the purposes of facilitating the issuance of notices, the collection of common expenses and/or implementing other condominium management/administration functions (contact information only);
  • to credit reporting agencies to obtain credit ratings and history to enable us to assess credit worthiness (in circumstances where the Vendor extends credit to you and to update such credit reporting agencies with credit information obtained during and as a result of our relationship);
  • to investigate potentially fraudulent or questionable activities regarding your transaction;
  • to third party service providers who may be providing a service to you on our behalf;
  • in anticipation of and in the course of an actual or potential sale, reorganization, consolidation, merger or amalgamation of our business; and when required or permitted by law.

In the event we disclose personal information to our service providers, we may require our service providers to agree to contractual requirements that are consistent with our privacy and security policies. We require that our service providers are prohibited from using personal information, except for the specific purpose for which we supply it to them. You also understand that we may use your personal information and disclose your personal information to third parties in connection with the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of our business or assets (including accounts) for the purposes of evaluating and/or performing the proposed transaction, and you consent to such disclosure. These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer or assets. Our successor and assigns may collect, use and disclose your personal information for substantially the same purposes as described in this privacy policy. In the event the transaction does not go through, we will require, by contract, the other party(ies) to the transaction not to use or disclose your personal information in any manner whatsoever for any purpose, and to return or destroy such personal information. The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements. In some instances such as a legal proceeding or court order, we may also be required to disclose certain information to authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves that the authorities that are making the request have legitimate grounds to do so. There are some situations where we are legally permitted to disclose personal information such as employing reasonable and legal methods to enforce our rights or to investigate suspicion of illegal activities. From time to time, we may be required to provide personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.

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Our Employees and Your Personal Information

In the course of daily operations, access to private, sensitive and confidential information is restricted to authorized employees who have a legitimate business purpose and reason for accessing it. For example, when you call us, our designated employees will access your information to verify who you are and to assist you in fulfilling your requests. As a condition of their employment, all employees of ours are required to abide by the privacy standards we have established. Employees are informed about the importance of privacy and they are required to agree to a code of conduct that prohibits the disclosure of any customer information to unauthorized individuals or parties. Unauthorized access to and/or disclosure of personal information by an employee of ours is strictly prohibited. All employees are expected to maintain the confidentiality of personal information at all times and failing to do so will result in appropriate disciplinary measures, which may include dismissal.

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How We Safeguard Your Information

We use industry standard technologies and maintain current security standards to ensure that your personal information is protected against unauthorized access, disclosure, inappropriate alteration or misuse. Electronic customer files are kept in a highly secured environment with restricted access. Paper-based files are stored in locked filing cabinets. Access is also restricted. We manage our server environment appropriately and our firewall infrastructure is strictly adhered to. Our security practices are reviewed on a regular basis and we routinely employ current technologies to ensure that the confidentiality and privacy of your information is not compromised. When you call our customer service centre you will be required to verify your identity by providing some personally identifying information.

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Accessing and Amending Your Information

You have the right to access, verify and amend the personal information we hold about you. You may access and verify any of your information by calling our sales support contact at 905-990-3500 ext. 136. To help us keep your personal information up-to-date, we encourage you to amend inaccuracies and make corrections as often as necessary. Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file(s), we will make the proper changes. Where appropriate, we will communicate these changes to other parties who may have unintentionally received incorrect information from us.

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Questions, Concerns and Complaints

If you have a question about the privacy policies stated on this site, please call us at 905-990-3500.
If you have a concern or complaint about privacy, confidentiality or the personal information handling practices of the Vendor, our employees or service suppliers, please contact:
Edenshaw Developments Privacy Officer
Phone: 905-990-3500
Fax: 905-988-9501
Email: info@edenshaw.com

Before we are able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavour to respond within an appropriate timeframe.

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Updating this Privacy Policy

Any changes to our Privacy Policy and information handling practices will be acknowledged in this policy in a timely manner. We may add, modify or remove portions of this policy when we feel it is appropriate to do so. You may determine when this Privacy Policy was last updated by referring to the modification date found at the bottom of this Privacy Policy, however, we will also provide you with notice of a change on our website and we will identify what changes have been made.

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Web Sites Governed by this Privacy Policy

The web sites that are governed by the provisions and practices stated in this Privacy Policy include but are not limited to: www.edenshaw.com,www.edenshawhomes.com, www.edenshawgroup.com, www.edenshawmanagement.com. The Vendor’s web sites may contain links to other third party sites that are not governed by this Privacy Policy. Although we endeavor to only link to sites with high privacy standards, our Privacy Policy will no longer apply once you leave the Vendor’s web site. Additionally, we are not responsible for the privacy practices employed by other third party web sites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

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Governing Law and Dispute Resolution

This Privacy Policy, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any claim or cause of action you may have arising from, connected with, or relating to this Privacy Policy or the Vendor’s handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

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Last revised January 2015
6839198.3