Privacy Policy

Privacy Policy of O'Shanter Development Company Ltd.

At O'Shanter Development Company Ltd. ("O'Shanter"), we recognize the importance of protecting personal information. We are committed to collecting, using and disclosing personal information responsibly, in accordance with applicable privacy laws, and only to the extent necessary to dutifully manage properties and provide goods and services. We also strive to be open and transparent about our privacy practices. This document outlines our privacy policies.

What is Personal Information?

Personal information includes any factual or subjective information, recorded or not, about an identifiable individual. This includes information related to personal characteristics (e.g., gender, age, income, home address or phone number, family status), health (e.g., disabilities) and activities or views (e.g., religion, political beliefs, personal opinions, opinions about an individual). Personal information also includes images recorded by surveillance cameras installed on our properties and within our buildings.

Personal information differs from business information (e.g., an individual's business address and telephone number), which is not covered under privacy legislation.

Who We Are

O'Shanter provides residential and commercial property management services for properties we own and for third-party clients. We work with consultants and agencies that may, in the course of their work, have limited access to the personal information we hold. Access to any personal information is restricted as necessary, and third parties are required to provide assurance that privacy protocols are followed.

We Collect Personal Information: Primary Purposes

About Tenants

As property managers, we collect, use and disclose personal information to effectively manage our properties, serve our clients and oversee our clients' properties. Our primary purpose in collecting personal information is to assess the ability of prospective and current tenants to fulfill their financial and non-financial obligations under their lease agreements. Additionally, we collect personal information to ensure the safety, security and reasonable enjoyment of all tenants, to provide access to the tenants’ rented premises, equipment and services that we and our clients have agreed to provide and to protect and maintain our properties and those of our clients.

Examples of the type of information we collect for these purposes include the following:

• Names of all occupants of the unit
• Business and emergency contact information
• Use and intended uses of the property
• Compliance with the tenancy agreement and ours and our clients' rules and regulations
• Payment, banking and other financial information
• Images of tenants recorded on surveillance cameras installed on our properties and in our buildings
• Any accommodation requirements of tenants (e.g., disability or health) and
• Social insurance number.

The primary function of the surveillance cameras at O'Shanter properties is to enhance resident security and support crime prevention. These cameras are used to record images for future identification in cases of legal, criminal, or policy violations. No audio recording is conducted. O'Shanter does not install surveillance cameras in locations where monitoring would be inappropriate, such as public washrooms and personal locker storage areas. Exterior surveillance cameras are positioned to identify residents, employees and visitors at entry points when doors are locked.

For convenience of our tenants, we or our clients may maintain public directories, such as those located at building entrances. If you prefer not to be listed or wish to be identified in a specific manner, please inform us.

In most cases, we collect personal information with a tenant's express consent. However, there are rare instances where this may not be possible, such as in urgent situations when the tenant is unavailable, and we reasonably believe that consent would be provided if asked (e.g., information provided by a relative about an absent tenant).We may also collect information from publicly available sources, such as government, court or tribunal records, when investigating a breach of the tenancy agreement or a legal violation. Additionally, we will not seek to obtain express consent for images recorded by our surveillance cameras; however, we clearly post signage indicating the presence of the cameras.

O’Shanter subscribes to a consumer reporting service that provides information to landlords about prospective tenants. In return, we contribute to this service on behalf of ourselves and our clients to help maintain an accurate database of tenant history. To ensure the accuracy of these records, we will collect your full legal name and date of birth. A positive rental history with this service may facilitate future rental applications at other properties. Your consent for using this service is obtained through the rental application form and tenancy agreement.

We have arrangements with telecommunications providers, including Rogers and Bell, for the provision of their products and services at our and our clients’ residential buildings. Unless a tenant explicitly requests, in writing, that we not disclose their personal information, we may share certain details with these service providers.

The personal information described above, and the information about prospective tenants (as discussed below) may be collected or updated if the tenant is in arrears of rent or fees or seeks to renew their tenancy agreement.

About Prospective Tenants

Prospective tenants are required to complete a rental application form to allow us or our client to assess their suitability as tenants and gather necessary information in case they become tenants. This information includes:

• Past tenancy history
• Employment history
• References and conduct history
• Financial means and credit history
• Automobile information and
• Intended use of the premises

We or our client verify this information by checking references and reviewing the applicant’s conduct history. This process may involve contacting references provided by the applicant, such as an employer or landlord. Additionally, we or our client may obtain a credit report and/or consult a consumer reporting service to evaluate financial suitability. Public sources, including government, court or tribunal records, may also be reviewed.

By completing a rental application form, you consent to us or our client collecting and verifying this information to assess your suitability as a tenant.

About Members of the General Public

For members of the general public, our primary purpose in collecting personal information is to ensure tenant safety and property security. This includes the use of surveillance cameras, as well as monitoring visitor presence, vehicles, and conduct on the premises. We believe that the collection of this information is implied by the private and residential nature of ours and our clients' properties.

Secondarily, we or our client may collect personal information when marketing rental properties to prospective tenants. This information is either sourced from publicly available records (e.g., online directories) or obtained directly from the individuals with their consent.

On our website, we collect only the personal information an individual voluntarily provides, except for cookies (small electronic markers identifying returning visitors). We use this information solely for the purpose you intended (e.g., responding to inquiries or providing service details). Cookies help facilitate website navigation and are not used for tracking or monitoring purposes.

Suppliers and Contractors

We work closely with suppliers and contractors who provide goods and services to the properties we manage. We assess their performance based on factors such as punctuality, reliability, service quality, and value. This information is generally considered business-related and is not subject to privacy legislation. However, there may be occasions where the information pertains to an individual's conduct (e.g., the skill of a specific employee, inappropriate behavior or remarks from a representative). We reserve the right to collect such information, use it to inform decisions regarding future services, and share it with the landlord or other relevant parties. We may also collect emergency contact information.

Sharing Information with Our Clients

As agents for our landlord clients, we may share or transfer any personal information we collect that is relevant to a particular client. We recommend to our clients that they maintain their own privacy policies in line with both our privacy policy and with the Personal Information Protection and Electronic Documents Act.

About Our Clients

We collect contact information from our landlord clients to facilitate communication and for emergent situations. We additionally retain information relating to our clients' instructions, wishes and preferences to enhance the services we provide. This information is generally collected directly from our clients and with their consent.

About Contract Staff

For individuals contracted to perform work on our behalf (e.g., temporary workers), the primary purpose for collecting personal information is to ensure we can contact them for future assignments and for necessary work-related communications (e.g., distributing paycheques, issuing year-end tax receipts, tax filings). Examples of the type of personal information we collect for those purposes include home addresses telephone numbers, and email addresses. While we typically obtain consent before collecting such information, emergent situations may arise where obtaining consent would be impractical (e.g., an outbreak of a contagious disease or to investigate a potential legal violation).,).

We Collect Personal Information: Related and Secondary Purposes

O’Shanter may also collect, use and disclose information for purposes related to, or secondary to our primary purposes. Common examples of these related and secondary purposes include:

• Collecting fees and accounts from our clients.
• Sharing relevant information or materials with clients and others if they express interest.
• Reviewing tenant and client files to ensure the delivery of high-quality services, including evaluating the performance of our consultants, suppliers, and staff. External consultants, such as auditors, lawyers, and business consultants, may conduct audits or quality improvement reviews on our behalf, including file reviews and staff interviews.
• Complying with the authority of government agencies (e.g., Canada Customs and Revenue Agency, Information and Privacy Commissioner, Human Rights Commission) that may review our files or interview our staff as part of their mandates. Additionally, we believe it is our responsibility to report serious illegal behavior to the authorities, which may involve sharing personal information to support the matter (e.g., illegal drug activity). We aim to minimize such disclosures, but may consult with professionals, such as lawyers or private security services, to investigate or advise.
• Providing requested information to a third party that pays a tenant’s rent or fees (e.g., employer, trustee, government). These individuals must have the tenant's consent or legal authority to request the information and often use the information to verify the tenant’s entitlement and responsible use of funding.
• Responding to questions or providing ongoing services to tenants and clients over an extended period. We retain tenant and client information for a minimum of ten years after the last contact to assist with these services and inquiries.
• If O'Shanter or its assets were to be sold, the purchaser may conduct a "due diligence" review of our records to verify the business’ viability. This review may include accessing accounting and service files; however, the prospective purchaser would not be entitled to remove or record the personal information. The prospective purchaser would be held to strict confidentiality, and access would only be granted once an agreement of purchase and sale was executed.

There are potential options available to opt out of the collection or storage of personal information for these secondary purposes, but in some instances, this will not be possible (e.g. legal or regulatory requirements).

Protecting Personal Information

We understand the importance of protecting personal information. For that reason, we have taken the following steps:

• Paper information is either under supervision or secured in a locked or restricted area.
• Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, passwords are used on computers.
• Paper information is transmitted through addressed envelopes or boxes by reputable companies or our own employees.
• Electronic information is transmitted either through a direct line or is anonymized or encrypted.
• Staff are trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with our privacy policy.

• External consultants and agencies with access to personal information must provide us with appropriate privacy assurances.

Retention and Destruction of Personal Information

We retain personal information to ensure our ability to address any inquiries about the services we provide and to guarantee accountability to external regulatory bodies. There are options to opt out of the retention process by contacting the privacy officer directly.

We destroy paper files containing personal information by shredding. Personal information that is stored electronically is either permanently deleted, and/or the hardware is either physically destroyed or completely reformatted to prevent unauthorized access.

Images captured by surveillance cameras on our properties and within buildings are stored for a maximum of thirty (30) days before being automatically erased from the system. In some instances, images or videos from these cameras are retained to assist with legal proceedings and thereafter deleted in accordance with our protocols.

You Can Look at Your Information

1. most cases, an individual has the right to know what personal information we hold about them, and we would direct the individual to contact our formation Officer directly for any inquiries.