Converge Condo Management Inc. ("Converge Condo") understands the importance of privacy to the individual. We know that earning the trust of our condominium corporation clients, their respective unit owners and occupants, users of our online condo manager applications, and our employees is a permanent and ongoing endeavour. With the growth of electronic media, it is necessary to take further steps in protecting the privacy of the individual.
This Privacy Policy sets out the principles and practices which we will use in protecting personal information is provided to us.
TYPES OF PERSONAL INFORMATION THAT WE COLLECT
We may collect personal information from you or about you either directly or through authorized third parties in person, over the telephone, in written documents, on the Internet in our management of the Converge Condo network of managed condo sites, by use of our online condo manager applications, or repair, upgrade, service or other facility leasing, repair or management programs. The types of information that we collect include the following:
• Information to permit us to identify and contact you such as your name, physical location (geolocation tools), address, telephone number, e-mail address, telephone number, cellular number and language preference.
• Demographic and marketing information about you such as your age, education, occupation, marital and family status, information on your preferences, interests, past purchasing behaviors and practices, prospective purchasing intentions.
• Condo unit ownership information such as title, costs, and status of fee or assessment payments.
• Product warranty and servicing information such as warranty or service notifications and repairs.
Customer satisfaction information such as surveys and your experience in purchasing, leasing or servicing units.
• Financial and credit information which is collected by your condominium boards, and, provided on a confidential basis in order to process condominium fee payments on their behalf, with your consent, shared by us for other purposes.
• Any of the above information in relation to tenants, invitees or occupants of units that may be shared with us.
MEANING OF "PERSONAL INFORMATION™
Personal information in this policy means information about an identifiable individual as that term is defined in applicable Canadian federal, provincial or territorial privacy legislation in effect from time to time. As a general rule, Canadian privacy legislation does not consider personal information which is business-related information - such as the information which is shown on a person's business card - to be personal information. Likewise, non-identifiable personal information - which means information about an individual where the personal identifiers have been removed, so that it is impossible to determine the identity of the person to whom the information relates - is not considered to be personal information.
Aggregate data is general information about groups of customers, and also does not identify individual customers. Converge Condo may combine your information with that of other individuals to create aggregate data which we will use to improve our products and services and develop new ones. As well, after Converge Condo ceases to provide management services in relation to a condominium project, it will maintain all non-personal information for its general business activities.
Personal information becomes known to Converge Condo when you provide it to us, or when we receive and process information on behalf of a condominium corporation or its board.
GIVING CONSENT
The collection and use of personal information normally requires the consent of the person giving the information. The personal information collected from owners and users of the various buildings, units in the buildings, or users of the application comprising the Converge Condo network of managed condo sites, and the manner in which that information is used, may vary slightly from site to site depending on the nature of the site and the chosen level of involvement of the user. Nevertheless, Converge Condo users shall receive the same level of respect for user privacy that is applied uniformly across the Converge Condo network of managed condo sites. However, consent requirements vary depending upon the circumstances in which personal information is collected and the purposes that it will be used for. In many instances written consent is not required and may be implied where it is reasonable to do so.
Similarly, there may be situations where consent will be legally deemed to have been given. From time to time, we may collect or use your personal information for purposes not specified in this Privacy Policy, in which case we will obtain your written consent, if legally required.
When you provide personal information to us, you agree that we may collect and use the information that you have provided in accordance with this Privacy Policy. You also represent, in the case of personal information of any other individual that is provided by you to us, that you have the authorization and consent of that individual to permit us to collect and use that individual's personal information in accordance with this Privacy Policy.
Converge Condo may release personal information if required by law, to enforce Converge Condo's terms of service, or to protect the rights, property or safety of Converge Condo, its condominium board customers, owners of any units, its registered users of any applications, or others.
Converge Condo may disclose customer's personal information to third parties for the distribution of related marketing materials only with your prior consent or as permitted by law, or Converge Condo is authorized to directly provide condominium or other related marketing materials to you directly via email, text or other means of communication which Converge Condo may adopt from time to time.
Pursuant to Canada's Anti-Spam Legislation ("CASL"), by provision of your email or telephone/cellular information, you are giving your express consent to receive commercial electronic messages such as emails and texts ("CEMs"), pertaining to the delivery and provision of our services to you, including but not limited to, contract notices, condominium board communications to unit holders (in relation to particular unit issues, or in relation to unitholder general or special meetings, or notifications pertaining to the condominium generally), in regards to notices or updates pertaining to our services, our downloaded application to receive other services, or our privacy policy, terms and conditions or otherwise, or any other reason for contact in relation to our relationship as manager acting as agent of your condominium corporation and condominium board. You confirm that our services are predicated upon your consent to receive such messaging, and on behalf of the condominium board and our affiliated companies that among other matters, provide our electronic systems, documents, updates and status notices, or any other communications relating to our services on our behalf or on behalf of the condominium board, your condominium corporation, or in regards to our electronic services application. You agree that any interactions are solicited by you as a user and enrolled party to the email or text or other addresses provided, and that you consent to receive commercial electronic communications from us electronically in email or text or other electronic format for such period as we act as agent on behalf of the condominium board, or your condominium corporation, or you are using our services or our downloaded application and receiving services. As such, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such necessary to participate in an activity as a condition of participation. We use the information collected to provide services, to enable password protected access to certain services and sections within sites on the network, and to provide whatever other service the user has authorized in providing the contact information.
If you wish to withdraw your consent to receive our services by electronic means outside of those matters pertaining to our acting as agent on behalf of the condominium board, or your condominium corporation, or you are using our services or our downloaded application and receiving services ("Non-Core Services"), please contact us by phone, email or mail at the contact details as updated from time to time.
Our site and emails provides you with the opportunity to opt-out of receiving different types of communications from us at any point in relation to Non-Core Services, if any, although doing so may adversely impact your ability to receive Non-Core Services. However, if you do not consent to the receipt of promotional emails not relating to your core condominium services, we will deliver Non-Core Services to you only by means of phone, voice messaging, fax, mail or courier, or however else you instruct us (but there may be significant cost impacts and delays to doing so). In such event we reserve the right increase billing for Non-Core Services in relation to this modified service as we may determine appropriate, and regardless of any other terms, conditions, or agreements, thereafter provide notice of termination of service upon not less than 15 days prior notice.
To subscribe or unsubscribe from receiving one or more of our promotional communications in relation to Non-Core Services, you can follow the subscribe or unsubscribe link at the bottom of any email you receive or on our webpage and click on the "subscribe" or "unsubscribe" link.
Some Converge Condo network sites offer users the opportunity to purchase document or information packages, or other products or services. To complete such a transaction, users are asked to provide their name, email address, mailing address, telephone number, credit card number and credit card expiration date. Once entered, this information is usually saved by the e-commerce site, or by the Converge Condo site in order to process your requested services or products. When you choose to make future purchases through a network e-commerce site or allow pre-authorized payment processing, for your convenience this information may automatically appears in the appropriate spaces (i.e. the information fields are "pre-populated") on the web page within the site for placing orders or carrying out the transactions. Financial information relating to credit card and allow pre-authorized payment processing transactions may be processed by Converge Condo via its third party intermediary/financial institution, or by a professional payment authorization service chosen for convenience, security and reliability. In either case, only the transfer of funds or purchase price and the credit card or pre-authorized payment processing information provided by the customer will be supplied, and such information will be maintained in the database for accounting and billing purposes. However, pre-authorized payment processing information and credit card numbers from these credit card transactions are not released to other third parties except as permitted and authorized on the payment page. This information is encrypted via a secure server to ensure that others cannot read it. Once on the secure server your pre-authorized payment processing information and credit card information is sent to a third party intermediary for processing. You will know you are in secure mode when the tiny padlock icon - located at the bottom right of your browser - appears "locked" We will only use this financial information in the course of providing our service to you, or processing pre-authorized payment processing information in regards to your condominium ownership. This pre-authorized payment processing information and credit card number information we collect is not rented, sold, or shared with any third party without your express consent, except to the third party intermediary that processes your transaction or where required by law.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We only disclose your personal information to fulfill the purposes that it was collected for or to satisfy legal requirements, and Converge Condo may share user information to provide the required services which may include the following:
We may provide your personal information to your condominium corporation or authorized third party contractors who perform functions on our behalf, such as repairs and enforcement of the requirements of the Converge Condo network of managed condo sites. We require all of our contractors who have access to your personal information to keep the information confidential and to restrict its use to those purposes for which we have engaged them.
Our records of your personal information may be periodically updated by the condominium boards, our third party contractors or by our own communications with you. This updated personal information may be shared by us with the Converge Condo network of managed condo sites in order to better serve you.
Our records of your personal information may be periodically provided to your respective condominium corporation and its board.
As we continue to develop our business, we may at some future date become involved in a transaction in which one of our business units may be acquired or considered for acquisition by a third party. Alternatively, if your condominium unit is managed by a different successor in the future, at the request of your condominium board. In such circumstances, your personal information would be transferred and/or could be the subject of due diligence investigations by the third party. You agree that Converge Condo and its successors may do so without your further express consent, and you agree that the successor may continue to possess and use the information conveyed in accordance with the terms of this policy (or as thereafter amended). If as a result of the business transition, your personal information will be used in a manner different from that stated at the time of collection members will be given choice consistent with our changes section below.
In all cases, and regardless of any opt outs or otherwise, it is expressly agreed that Converge Condo may disclose your personal information or financial information to our subsidiary and parent companies and businesses, to your condominium board, third party service providers as reasonably necessary, and other affiliated legal entities and businesses with whom we are under common corporate control. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will agree to comply with the terms of this privacy policy with respect to their use and disclosure of such information.
SECURITY OF YOUR PERSONAL INFORMATION
Your personal information is stored at secured locations either at our offices or at the offices of our authorized contractors. As such, some personal information may be shared within Converge Condo and stored in countries outside of your home country. Converge Condo will keep personal information only as long as necessary for the identified purposes or as required by law. Converge Condo will follow internally set guidelines and use care in the disposal, destruction, or de-identification of personal information to prevent unauthorized parties from gaining access to personal information.
To protect the confidentiality of your personal information, we employ administrative and technological safeguards appropriate to the sensitivity of your personal information. In addition, where personal information is provided to a third party for processing, we make sure, through our contracts with them, that your personal information is kept secure. Lastly, we take steps to ensure that your personal information is only accessible by personnel who have a legitimate business need to have access to it.
UPDATING YOUR PERSONAL INFORMATION
We make reasonable efforts to keep your personal information current and accurate. For example, we use contracted third parties to update our records from time to time. We also update our records based on information provided to us by our Converge Condo network of managed condo sites.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can access and correct your personal information by sending a written request to our Privacy Office at the address indicated below. At the time of your request, we may request you to provide specific information in order to permit us to verify your identity, and verify production fees payable in advance (if any). In the event that any of your personal information is found to be incomplete or inaccurate, we will take reasonable steps to correct your personal information record
Please note that there may be instances where we may not be able to permit you to access or correct your personal information. Examples of this could include personal information which
• contains references to another person(s),
• which would involve the disclosure of confidential information,
• could result in harm or loss to another person(s),
• could interfere with the activities of law enforcement agencies or statutory bodies,
• is not readily retrievable, or where the cost of retrieving it would be prohibitive or disproportionate to its value or usefulness,
• has already been destroyed due to legal requirements, or because its continued retention was unnecessary,
• is subject to solicitor-client or litigation privilege, or cannot be disclosed for legal reasons.
WITHDRAWING CONSENT (OPTING-OUT) IN RELATION TO NON-CORE SERVICES
Where you may choose to provide Converge Condo with your email address, text/cellular information, personal information, or any other information for the purposes of opting-out of receiving email or other solicitations in relation to Non-Core Services, you agree that we may use and disclose that information as we deem appropriate in order to allow compliance with our internal Converge Condo policies, and to take all steps we deem necessary in order to ensure compliance with email and text management practices and legal requirements.
Please note, however, that in certain circumstances such as matters relating to law enforcement and public or personal health, safety, security or property, or for the purpose of collecting monies owed to us, applicable laws may require or allow us to collect, use or disclose your personal information without your consent. In such circumstances, we will only disclose your personal information to the extent that it is required.
CHANGES TO OUR PRIVACY POLICY
From time to time, we may use information for new, unanticipated uses not previously disclosed in our privacy policy. As such, please review this privacy policy periodically as we may modify it from time to time. If our information practices change at some time in the future, we will notify all registered members of any change to this privacy policy either by posting a notification on the site or via email or text, unless you have opted-out of receiving email from us, and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our site periodicall. Continued use of the site after changes are posted or emailed constitutes vour acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission. Each time you visit the site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time.
EFFECTIVE DATE
This Privacy Policy is effective as and from the effective date shown below. We encourage you to visit this site frequently to view our most current Privacy Policy.
APPLICATION OF THIS POLICY
This Privacy Policy does not apply to personal information that we may collect from employees of Converge Condo Canada, the protection of which is governed by internal employee policies.
As well, condominium corporations are independently owned and operated business organizations, and may have their own personal information privacy policies which may apply to your personal information that are collected by them directly, or which Converge Condo may collect on their behalf as agent and provide to such condominium corporations and their respective boards. For further information, you should consult with the applicable condominium board's organization.
Users should be aware that advertisements, whether text, graphic or animated, and whether appearing as banners, buttons or in pop-up windows, usually include a link to another page or website where more information is available about the particular product or service being advertised. This privacy policy only governs Converge Condo network sites and clicking on links in ads (or anywhere else for that matter) will often take a user to a site outside the network, where information collection and use practices may differ from those employed by Converge Condo. Please note that Converge Condo's privacy policy does not cover the web sites or web pages that link to the Converge Condo Network of sites and services.
COOPERATIVE COLLECTION
Converge Condo, in managing each condominium site, will cooperatively collect and manage and share the personal information of owners or parties leasing units in that complex with the condominium corporation and board managing that complex (the "Co-Owner"). Converge Condo will share your personal information with the associated Co-Owner, which may use your personal information in accordance with their own privacy policies. You will need to contact Co-Owner to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that Converge Condo may use and disclose all such information so submitted to such Co-Owner in the same manner in which we are entitled to use and disclose any other information you submit to us.
Co-Owners will use your information in accordance their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
By purchasing, or registering or making reservations for, products or services of third parties offered on the Converge Condo site, or by participating in programs offered on the site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties.
LIMITATIONS AND ADDITIONAL PROVISIONS
In addition to the terms above, the obligations, responsibilities and entitlements of Converge Condo in respect of your information shall be further subject to and be modified by the site Terms and Conditions (including but not limited to the provisions described as Disclaimer, Limitations of Liability, Indemnity, Electronic Communications and General).
This policy and the relationship between Converge Condo and any provider of information shall be governed by the laws of the province of Alberta, excluding its conflicts of law provisions. Providers of information agree to submit to the personal and exclusive jurisdiction of the courts located within Edmonton, Alberta, to resolve any dispute or claim arising from this Agreement.
This policy and the relationship between Converge Condo and any provider of information shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes or legal proceedings arising out of or relating to this shall: (i) as they pertain to Converge Condo, at its election be determined via arbitration in the Province of Alberta, Canada (pursuant to the arbitration rules designated by Converge Condo), or (¡i) in the courts in Province of Alberta, Canada in such city as may approved by Converge Condo. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Alberta, for any legal proceeding arising out of or relating to your use of this policy and the relationship between Converge Condo and any provider of information.
FURTHER INFORMATION
For information on Converge Condo's privacy practices, or if you have any questions, concerns or complaints, please write to us at:
Converge Condo Management Inc.
Re: Privacy Officer
11810 Kingsway NW
Edmonton, AB T5G 0X5
Tel: 587-920-3550
Document release date: May 11, 2020