| Your Privacy and the Real Estate Transaction
In the usual course of real estate transactions, REALTORS® may require personal and property information from buyers and sellers. Collecting and sharing this information is an essential part of the buyer and selling process. At the same time, few things are more important to individuals than their privacy. REALTORS® recognize the rights of buyers and sellers to protect and control their person information. REALTORS® are committed to using fair information practices when dealing with your personal information.
1. What is personal information?
Personal information is any information about an identifiable individual. This does not include certain information publicly available such as a phone directory listing your name, address and telephone number.
2. How do REALTORS® collect personal information?
Most information will be obtained directly from you, the client. REALTORS® may also collect information from other sources such as credit bureaus and government agencies, as needed. At the time information is collected, you will be told what uses will be made of it, and your consent to that collection and use will be obtained.
3. What do REALTORS® do with my information?
Your information is used to facilitate the real estate transaction. Effectively marketing your house involved advertising the property in any medium, including electronic media (e.g. newspapers, real estate publications, web sites) and disclosing property information to other salespersons and prospective buyers.
If the listing is on MLS®, the property information will be given to the real estate Association or Board operating the Multiple Listing Service®. The listing information will be distributed through the MLS® system to any persons authorized to use the service (which may include other REALTORS®, appraisers, government departments and others) and may be marketed by the board in various media, including the Internet. Property information, including sales data, is kept in the MLS® system and by placing your listing on the MLS® database following the completion of the transaction and is available to users of the system for comparative market analysis and valuation purposes.
Both current and historical data is essential to the operation of the MLS® system and by placing your listing on the MLS® system, you are agreeing to allow this ongoing use of listing and sales information.
4. How do I find out what personal information a REALTOR® has about me?
You should be able to see your personal information held by a realty firm or real estate Board/Association by calling, writing or visiting the organization in person. There may be specific procedures you have to follow of forms you have to fill out, and the firm or Board/Association has the right to charge a minimal fee for the service.
5. Can I correct my personal information if it is wrong?
Contact the particular firm or Board/Association, explain the correction you are requesting and why. If you can show that the information as inaccurate or incomplete, you have the right to request that a correction be placed in the file or database to identify any inaccuracy.
6. Is there a review process?
Yes. If you have any questions or concerns about the way your personal information has been collected, used or disclosed or if access to your personal information has been improperly refused, or if the company has refused to correct erroneous information, take up the matter directly with the firm. It must have procedures in place to respond to complaints. If you're not satisfied, you can contact the Privacy Commissioner of Canada. |