This Policy may be revised by CREA from time to time. This Policy and any amendments will be posted on REALTOR Link® and reflected in CREA’s Governance policies and practices.
Where to Direct Questions
Any questions or concerns relating to the collection, use or disclosure of Personal Information by CREA may be directed to:
The Chief Privacy Officer (CPO),
The Canadian Real Estate Association
200 Catherine Street, 6th Floor Ottawa, ON K2P 2K9
Phone: (613) 237-7111
Fax: (613) 234-2567
All potential privacy breaches should be brought to the attention of the CPO as soon as possible even if it is unclear whether a privacy breach has occurred or its level of severity.
For the purpose of this Policy: “Personal Information” means any information about an identifiable individual but does not include:
- The name, title, business email, business address or telephone number of an individual when collected, used and disclosed solely for the purpose of communicating or facilitating communication with the individual in relation to their employment, business or profession;
- Aggregated information that cannot be associated with a specific individual.
“Member” means, for the purpose of this Policy, REALTOR® members of CREA.
“Global Affiliate” means members of national real estate associations or organizations outside of Canada that have subscribed to CREA’s global affiliate program.
Collection of Personal Information
CREA may also indirectly collect Personal Information of Members from other sources (for example, media reports or court filings) at any time during their CREA membership for disciplinary purposes pertaining to the Member.
CREA may collect Member and Global Affiliate Personal Information whenever a Member or Global Affiliate uses or purchases a CREA products or service. This information may be consolidated, over time, with other Personal information CREA has on such Members and Global Affiliates so that CREA has a better understanding CREA’s relationship with its Members and Global Affiliates.
Use of Personal Information
CREA uses the Personal Information provided to it for various purposes, all of which are intended to fulfill its obligations as a national trade association and further its mission statement. These purposes include:
- Providing leadership, support, counsel and representation on behalf of organized real estate;
- Providing products, services, information and advice to individual Members, Global Affiliates and Boards/Associations;
- Monitoring Members’ and Global Affiliates’ uses and purchases of CREA products and services so that CREA can better understand its relationship with its Members and Global Affiliates and customize how CREA communicates with them;
- Operating and maintaining CREA’s online products and services, including REALTOR.ca, the DDF®, WEBForms®*, and its Intranet site;
- Administering and facilitating Members’ membership in their Boards/Associations across Canada;
- Administering trademark and competition law compliance programs;
- Furthering national policies;
- Ensuring compliance with bylaws, rules and regulations of CREA and Boards/Associations;
- Administering and enforcing CREA’s Code of Ethics and Standards of Business Practice;
- Providing electronic notice to members, including notice of members meetings in which they are eligible to vote, and notice of the availability of financial statements;
- Meeting any legal or regulatory requirements;
- Minimizing and investigating any breach of law or contract;
- Calls to action for charitable or political purposes;
- Any other purposes consistent with CREA’s mission statement and strategic plan.
*WEBForms® is powered by Lone Wolf. REALTORS® that use WEBForms® should note that their personal information shall be used in accordance with Lone Wolf’s privacy statement.
In order to be a Member (i.e., a REALTOR® member), a Member must abide by requirements of the REALTOR® Code, which reflects the high professional standards expected of Members.
Members consent to the disclosure of their personal information (including on CREA’s public-facing websites) with respect to the existence, receipt, processing, disposition and results of any complaint relating to their conduct. Such disclosures may include, among other things:
- The Member’s name, personal address, and business contact information.
- The existence of a complaint.
- A description of the nature of a complaint.
- The status of a complaint.
- The disposition of a complaint.
- The reasons for any decision by CREA and/or a Board/Association with respect to a complaint; and
- The existence and nature of any interim or final sanction applied to the Member with respect to a complaint.
Certain Personal Information of Members, (name, licensed status, firm name and business contact information) is available to other Members of CREA through REALTOR Link®, a password-protected Intranet site. CREA may also disclose Personal Information of Members to Boards/Associations or real estate regulators for membership or related purposes. For example, CREA may disclose Personal Information of Members to Boards/Associations to help Boards and Associations authenticate Members using CREA’s National Authentication Facility (“NAF”).
CREA may also disclose Personal Information of Members and Global Affiliates to third parties, such as lawyers, consultants, affinity partners or others who work with CREA to collect and analyze information from Members, to improve the products and services offered by CREA or to provide products and services to Members. Some of these third parties may send information to or contact the individual as part of membership surveys.
By providing personal information to CREA, Members and Global Affiliates consent to its collection, use and disclosure in accordance with the purposes stated in CREA’s privacy policies.
Consent to the collection and certain uses of the information may be refused or withdrawn by you subject to legal or contractual requirements. In the event you withdraw consent please note, CREA may not be able to offer certain information or services to you.
Use and Disclosure Without Consent
In certain circumstances, CREA may be permitted or required by law to disclose Personal Information without consent. Those circumstances may include:
- Where the information was public;
- Where required by law;
- Where it is necessary to collect dues;
- Where it is necessary to protect the rights of an identifiable person or group;
Other circumstances recognized by privacy legislation as permitting disclosure without consent.
Personal information of Members which is uploaded directly to CREA’s database by Boards/Associations is the responsibility of the Member and or the Boards/Associations. Listing information uploaded by the Boards/Associations to CREA’s property database websites (including REALTOR.ca and CREA’s Data Distribution Facility (DDF®)) is the responsibility of the listing REALTOR® and/or the Board/Association.
CREA retains Personal Information as long as is necessary to fulfill the purpose for which it was collected. CREA has in place a Record Management practice consistent with the nature and need for the information and legislative requirements.
Members and Global Affiliates may request access to any Personal Information about themselves retained in CREA records. All access requests must be in writing and must be directed to CREA’s Chief Privacy Compliance Officer. Access requests must be accompanied by appropriate identification satisfactory to CREA. CREA has the right prior to responding to any access requests, to take whatever steps it deems necessary to confirm the identify the person making the request. CREA will endeavour to provide any applicable information within 30 days of the date of the request.
CREA may charge a nominal amount for costs incurred in providing the information.
Where a Members or Global Affiliate believes that the Personal Information in the CREA file is inaccurate, he or she may have appended to the record any alternative information, where CREA is of the view that the appended information is, in fact, correct.
CREA has the right to decline to provide access to Personal Information in a number of circumstances, including where the information:
- Is subject to solicitor-client privilege;
- Could interfere with law enforcement, investigative, disciplinary or regulatory functions;
- Would disclose of Personal Information of another individual;
- Would cause serious harm to another individual;
- Is confidential business information that may harm CREA or the competitive position of a third party;
Any other circumstances recognized by the privacy legislation. Where the information cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.