Akman Management Ltd.
About Akman Management Ltd. And PIPEDA
Akman Management Ltd. (“Akman Management” or “we”, “our” or “us”) owns and manages on its own behalf and on behalf of its property-owner clients, residential and commercial rental properties. Further, Akman Management provides property management services to and on behalf of its condominium corporation clients. Akman Management is also a registered real estate broker under The Real Estate Brokers Act (Manitoba) and may provide real estate brokerage services to its clients from time to time. In the course of its business, Akman Management collects, uses and, in certain instances, shares with third parties personal information.
PRINCIPLE 1 – ACCOUNTABILITY
PRINCIPLE 2 – IDENTIFYING THE PURPOSES
2.1 Identifying Purposes
Except for situations described in section 3.3, Akman Management will identify the purposes for which it collects personal information, before or when the information is collected.
2.2 Explaining the Purposes
Akman Management will generally identify the purposes for which it intends to use the personal information, in writing, orally in person or over the telephone, or electronically. Akman Management staff who collect personal information will be able to explain these purposes to you. In some cases the purposes for collecting personal information are obvious and will not be explained. However, you will always be entitled to ask and receive answers about such purposes.
2.3 General Purposes
Akman Management uses your personal information to communicate with you, understand the needs of our clients, condominium owners and tenants, analyze the suitability of our products or services for our clients, condominium owners and tenants, process applications and determine a prospective applicant’s eligibility for products and services, offer set up, manage and administer our products and services, provide ongoing products and services to or on behalf of our clients and generally fulfill our legal and regulatory requirements. Akman Management also uses your personal information to inform you of other products or services available from Akman Management. Akman Management may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information is not transferred to the third party. Akman Management may survey your opinions of current products or services or of potential new products or services that may be offered.
2.4 Tenancy Purposes
In connection with the lease or rental of commercial and residential properties, we and our property-owner clients need to know an individual’s creditworthiness. For this reason, Akman Management may contact other property owners, property managers, employers, previous employers, references, lenders or credit bureaus to give us information on an individual’s credit history and to verify information that has been given to us by the individual. Credit information may be reported to credit bureaus, credit reporting agencies, credit insurers. Your Social Insurance Number is used to match credit bureau information.
2.5 Sale of Business/Property
As Akman Management continues to develop and grow, it may buy or sell parts of its business and properties. In addition, Akman Management may transition the management of a rental property or condominium corporation to a third party. As an important part of Akman Management’s businesses include the relationships with its tenants, clients, employees and contractors, personal information would generally be one of the assets which would be transferred or transitioned to a third party. In other instances, Akman Management or its property-owner clients may obtain financing of its rental properties which may involve disclosing to the financier a rent roll containing personal information of tenants of the property.
PRINCIPLE 3 – CONSENT
3.1 Obtaining Your Consent
Akman Management will make a reasonable effort to ensure you understand how your personal information will be used by it. Generally, Akman Management will obtain consent from you before or when it collects or uses your personal information. Sometimes Akman Management may identify a new purpose and it will seek your consent to use and disclose personal information for that purpose after the information has been collected. If Akman Management is seeking to collect personal information from you which is not required in order for it to provide a product or service, Akman Management will indicate that you are not required to provide it with such information.
3.2 Forms of Consent
An individual’s consent can be express or implied. Consent may be given through an authorized representative. Consent may be implied through action or inaction, such as by using or applying for a product or service offered by us or not responding to an offer to have your personal information removed from a list. Express consent is the preferred form. Express consent may be given orally, in writing or electronically. Before deciding what form of consent is appropriate, Akman Management will consider the type of personal information it needs, the reason for its use, and the type of individual contact that is involved.
3.3 Where Consent Unnecessary
Akman Management may collect, use or disclose personal information without your knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law. For example, Akman Management will not ask for consent when personal information is collected, used or disclosed in the following instances:
a) where it is in your best interests and consent cannot be obtained in a timely way;
b) where personal information is given to our legal representatives;
c) where personal information is given to a person who in the reasonable Judgement of the company is seeking the information as your agent;
d) where personal information is given to agents of Akman Management who need it to carry out business-related functions, such as product and services fulfillment and data processing;
e) when asking for consent may compromise the information sought and collection relates to an investigation of a breach of an agreement or a contravention of a law;
f) to protect and defend Akman Management and its client’s rights or property;
g) where personal information is disclosed for the purpose of collecting a debt, complying with a subpoena or warrant, responding to a lawful authority for lawful purposes, complying with the law;
h) where PIPEDA permits personal information to be disclosed without obtaining your consent; and
i) when Akman Management obtains personal information from another organization governed by PIPEDA, Akman Management presumes that the organization obtained each individual’s consent before disclosing the information to Akman.
3.4 Refusing to Consent
Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of information about you, or you may withdraw your consent to our further collection, use or disclosure of information at any time in the future by giving us reasonable notice. If you refuse or withdraw your consent, Akman Management may not be able to provide you or continue to provide you with some products, services or information which may be of value to you. During the term of a tenancy or other agreement, you may not withdraw your consent to our ongoing collection, use or disclosure of your personal information in connection with such tenancy or other agreement you have with us or our property-owner client or which you have guaranteed. Akman Management can continue to disclose such personal information to credit bureaus even after the tenancy or other agreement has been terminated, and you may not withdraw your consent to our doing so.
3.5 Information We Collect – Tenants
The types of information Akman Management may collect about you depends on the nature of the product or services being provided. In the course of a tenancy relationship, typical information that Akman Management collects includes your name, gender, marital status, family information, other occupants of your leased premises, mailing address, e-mail address, telephone number(s), date of birth, banking information (such as bank account number(s)), previous address and tenancy information, occupation, place and details of employment, annual income, net worth information, credit history, Social Insurance Number and motor vehicle information. Akman Management may also request additional information to help us provide you with advice and information about other products and services that Akman Management believes would interest you.
3.6 Credit Information – Tenants
As part of becoming a tenant, Akman Management and its property-owner clients require personal credit and financial information which it generally obtains through an application for residency. Akman Management usually obtains a consent from you for the disclosure of personal information. The consent is signed upon the commencement of our relationship. With respect to privacy matters, the consent authorizes us to do the following:
a) use your personal information to assess your financial situation to determine whether we wish to offer products or services to you;
b) use your Social Insurance Number for file-matching purposes to identify you with credit bureaus and financial institutions for credit history; and
c) use your personal information for any purpose related to the provision of products and services you receive from Akman Management, including the rental of premises, the provision of all services associated with your tenancy and collection of unpaid accounts.
In other cases, your consent to the use and/or disclosure of your personal information will be obtained verbally or electronically or may be implied from the circumstances.
3.7 Information We Collect – Condominiums
In the course of providing management services for our condominium corporation clients, typical information that Akman Management may handle with respect to individual condominium owners and occupants includes the name and address for correspondence, contact information for the owner/occupant while he or she is absent, phone number(s), bank account number if the owner/occupant pays condominium fees by way of pre-authorized debit, parking information, locker information, pet information, information on any third-party property managers if the condominium is leased, information on planned vacations and information as to third parties who are to be contacted in the case of an emergency. This information helps us provide you with our products and services that we may offer on behalf of the condominium corporation. Akman Management may also request additional information to help us provide you with advice and information about other products and services that Akman Management believes would interest you. In many cases, consent is obtained from you in writing through your completion of our various informational forms. In other cases, your consent to the use and/or disclosure of your personal information will be obtained verbally or electronically or may be implied from the circumstances.
3.8 Non-Personal Information
PRINCIPLE 4 - LIMITING COLLECTION
4.1 Limiting Collection
Akman Management will limit the collection of personal information to that which is necessary for the purposes it has identified to you, using means which are fair and lawful.
4.2 Sources for Information
Although Akman Management will collect your personal information primarily from you, it may also collect it from external sources such as credit bureaus, references, employers, personal property and land titles registries and other government agencies, other creditors and financial institutions.
PRINCIPLE 5 – LIMITING USE, DISCLOSURE AND RETENTION
5.1 Limiting Use and Disclosure
Akman Management will use or disclose personal information only for the purposes it was collected, unless you give further consent to use or disclose if for another reason, or it is permitted or required by law.
Under certain circumstances including those set forth in section 3.3, Akman Management has a legal duty or right to disclose personal information without the individual’s knowledge or consent.
5.3 Retention Policies
Akman Management retains personal information only as long as it is required for the reasons it was collected. The length of time personal information is retained varies depending on the purpose for which the information was collected. This period may extend beyond the end of your relationship with Akman Management, but only for so long as it is legally necessary for Akman Management to have sufficient information to respond to any issue that may arise at a later date. When your information is no longer needed for the purposes it has been collected, Akman Management has procedures to destroy, delete, erase or convert it to an anonymous form.
PRINCIPLE 6 – ACCURACY
6.1 Keeping Information Accurate
Akman Management will keep your personal information as accurate, complete and up to date as necessary for the purposes for which it is used. Akman Management will update personal information only if it is necessary for the purposes for which it was collected and if the information is used on an ongoing basis. Akman Management will also rely on you for keeping certain personal information accurate, complete and current, such as a change in address.
6.2 Errors May Occur
Despite our efforts, errors sometimes do occur. Should you identify that Akman Management hold incorrect or out-of-date personal information about you, Akman Management will make the proper changes and provide you with a copy of the corrected information. Where appropriate, Akman Management will communicate these changes to other parties who may have unintentionally received incorrect personal information from us.
PRINCIPLE 7 – SAFEGUARDING PERSONAL INFORMATION
7.1 Safeguarding Information
Akman Management will protect personal information with security safeguards appropriate to the sensitivity of the information to protect personal information against loss or theft, unauthorized access, disclosure, copying, use or modification. Akman Management’s safeguards vary depending on the information’s sensitivity, amount, distribution and format of the information and the method of storage. Akman Management uses a variety of security technologies and procedures to help safeguard your personal information. For example, personal information which Akman Management holds electronically is on password-protected computer systems with limited access that are located in controlled facilities. Paper-based files are kept in controlled facilities and access is restricted on a need-to-know basis. All security measures are appropriate to the sensitivity level of your information.
7.2 Staff Compliance
Akman Management informs its staff about the importance of maintaining the confidentiality of personal information. As a condition of employment, Akman Management’s staff are required to abide by its policies and procedures, and they are prohibited from disclosing any personal information except as is necessary to carry on their employment duties.
7.3 Third Party Compliance
7.4 Disposing of Information
Care is used by Akman Management when disposing of or destroying personal information, to prevent unauthorized access to the information.
PRINCIPLE 8 – OPENNESS
8.1 Information Inquiries
Akman Management Ltd. 346 Broadway Winnipeg, Manitoba R3C 0T2
Attention: Privacy Officer
Email: [email protected] Telephone: 204.944.9721
8.2 Amending this Code
PRINCIPLE 9 – INDIVIDUAL ACCESS
9.1 Access to Your Information
Upon written request, Akman Management will inform you of the existence, use and disclosure of your personal information and will afford access to that information upon payment of any applicable charges. You are entitled to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.2 Exceptions to Access
Please note that Akman Management may not be able to provide information about you it if (i) would reveal personal information about a third party, (ii) is subject to legal privilege, (iii) contains other confidential information which would be revealed, (iv) is information that was generated in the course of a formal dispute resolution process, (v) relates to an investigation of a breach of agreement or contravention of laws, (vi) cannot be disclosed for other legal or security reasons, or (vii) is prohibitively costly to provide.
PRINCIPLE 10 – CHALLENGING COMPLIANCE
10.1 Challenging Compliance