Your privacy is important to Chard Development Ltd. and its corporate subsidiaries and affiliates (collectively “Chard Group” and each a “Chard Company”). This Privacy Policy explains how Chard Group collects, uses, discloses and retains personal information, including information collected through websites and correspondence and when providing services.
Table of Contents
- Your Consent
- Personal Information
- How Chard Group Collects Your Personal Information
- How Chard Group Uses Personal Information
- How Chard Group Discloses Personal Information
- Your Right to Withdraw
- Location of Personal Information
- Retention of Personal Information
- Protection of Personal Information
- Accuracy and Access to Personal Information
- Non-Personal Information
- Other Websites and Businesses
- Social Media
- Children and Personal Information
- Other Matters
- Contacting Us
1. Your Consent
By providing a Chard Company with your personal information, you consent to the collection, use, disclosure and retention of that information by the Chard Company and other members of the Chard Group in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to the relevant Chard Companies, but then you might not be able to proceed with your intended interactions or transactions with those Chard Companies or otherwise receive the full benefit of their services.
Please refer to Section 6 of this Privacy Policy to learn about your options for withdrawing your consent.
2. Personal Information
In this Privacy Policy, “personal information” means information about an identifiable individual that allows someone to identify or contact you (e.g. your mailing address, telephone number or email address) or other information defined by applicable law as “personal information”, “personally identifiable information” or “personal data”, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.
3. How Chard Group Collects Your Personal Information
Information You Provide
You may be asked to voluntarily give your personal information to a Chard Company when you interact with the Chard Company, including when you subscribe to a newsletter, request information or use a service provided by the Chard Company. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with the Chard Company or otherwise receive the full benefit of the desired service.
For example, Chard Group may collect:
- contact information (such as name, email address, postal address and phone number) when you make an inquiry or contact us, including when you visit a Chard Company presentation centre;
- contact information, banking information, employment information, government-issued identification information and other personal information reasonably required by us to satisfy our reporting and legal compliance obligations when you use our services, including when you enter into a purchase and sale agreement or rental agreement for a property developed or managed by us;
- contact information, banking information, employment information, government-issued identification information and other personal information reasonably required by us to satisfy our reporting and legal compliance obligations when you invest in a Chard Company property or provide a personal guarantee for an investment in a Chard Company property;
contact information, employment information and government-issued identification information when you apply for an employment opportunity with us; - contact information and government-issued identification information when you participate in a Chard Company promotion, sweepstakes, contest or survey;
- contact information, communications preferences and correspondence you send to us.
In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to purchase products or services or access or use certain features of Chard Group’s websites, or otherwise receive the full benefit of our products and services.
If you give a Chard Company the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to the Chard Company and to the Chard Company’s use, disclosure and retention of the personal information.
Automated Collection
Chard Group may use technologies to automatically collect certain information regarding your use of Chard Group’ websites, products or services, such as the dates and times that you access a Chard Group website or a service, the browsers, operating systems, software, devices and networks that you use to access the website or service and details of your use of the website or service.
Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Chard Group will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.
Property Development and Management
In some circumstances, Chard Group may collect personal information from third parties in connection with the development or management of a Chard property. For example, Chard Group may collect personal information from brokers or referrals in connection with a property purchase or sale, or Chard Group may collect personal information from a property manager in connection with a property rental. Chard Group will only collect your personal information from a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.
Information from Other Sources
Chard Group may collect personal information from various publicly available sources, such as if you interact with a Chard Group social media account or if you submit rezoning or other public submissions that may be relevant to a Chard Company property.
4. How Chard Group Uses Personal Information
General
Chard Group may use your personal information for various purposes in connection with our relationship with you and as otherwise set out in this Privacy Policy or permitted by applicable law, including: to contact and correspond with you regarding your transactions and your use of Chard Group’ products and services and to provide you with customer care services; to facilitate your interactions and transactions with Chard Group; to provide services to you; to process and respond to your inquiries, requests and other communications; to provide you with information (including by email and other electronic messages) regarding Chard Group and its business and services and services offered by other businesses, to the extent permitted by applicable law; to administer and facilitate your participation in contests and promotions related to Chard Group; to maintain, protect and improve Chard Group’ services and to develop new services; to develop, deliver and improve Chard Group’ products, services and advertising; and to protect and enforce Chard Group’ legal rights, interests and remedies and to protect the business, operations and customers of Chard Group or other persons.
Chard Group may combine your personal information collected by Chard Group through various sources.
Chard Group may use your personal information to create non-personal information, and Chard Group may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.
Chard Group
Each Chard Company may share your personal information with the entire Chard Group, and the Chard Group may develop, maintain and share a confidential profile for you for use by each Chard Company to provide information and services to you, to facilitate your dealings with each Chard Company and as otherwise set out in this Privacy Policy.
Cookies and Other Technologies
Chard Group’ websites, online services, email messages, and advertisements may use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Chard Group to improve products and services, advertising and customer communications.
For example, Chard Group may use information collected through cookies and similar technologies to recognize a user of Chard Group’ websites and supplement our confidential profile for that user, determine a user’s general location to tailor the website content to that user’s location, track use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve the website experience. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Chard Group’ websites. Information about how Google uses cookies and how you can limit or disable certain kinds of cookies on your personal computer or mobile device is available here: https://www.google.com/policies/privacy/partners/ and https://www.google.com/policies/technologies/ads/.
Chard Group may use web beacons, pixels or gif tags and action tags to confirm that email messages have been delivered and opened. You may opt out of receiving emails in accordance with this Privacy Policy.
Information provided by cookies may be collected and processed by Chard Group or by its third party service providers, including Google and Facebook.
5. How Chard Group Discloses Personal Information
General
Chard Group discloses your personal information for purposes relating to or arising from your relationship and transactions with Chard Group and as otherwise set out in this Privacy Policy or permitted by applicable law.
Specific Consents
Chard Group may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with Chard Group.
Property Development
If a Chard Company collects your personal information in connection with a specific property development or if you otherwise consent to the use of your personal information in connection with a specific property development, then the Chard Company may share your personal information with third parties related to that property development (such as sales partners, brokers, investors, governmental authorities (including without limitation the Land Titles and Survey Authority, municipalities or the provincial government) or lenders), and in those circumstances the Chard Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by those third parties, and the use, disclosure and retention of the disclosed information by those third parties is not subject to this Privacy Policy.
Referred Transactions
If a Chard Company refers you to an independent business (e.g. a sales partner, broker or investor) for a proposed transaction (e.g. a purchase of a property), then the Chard Company may disclose your personal information to the independent business to facilitate the proposed transaction, and in those circumstances the Chard Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the independent business, and the use, disclosure and retention of the disclosed information by the independent business is not subject to this Privacy Policy.
Suppliers and Service Providers
Each Chard Company may disclose your personal information to its suppliers and service providers (including property managers) to assist the Chard Company in the provision of information and services to you, to provide services to the Chard Company, to assist the Chard Company to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.
Business Partners and Other Third Parties
In some circumstances, we may share personal information with our business partners, such as strategic business partners who provide products and services that enhance your experience with us or that may be of interest to you, and other third parties. Chard Group will only disclose your personal information to a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.
Law Enforcement/Legal Disclosures
Each Chard Company may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Each Chard Company may disclose your personal information to law enforcement agencies or other independent organizations if the Chard Company reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if the Chard Company reasonably believes the disclosure is necessary or appropriate to protect and enforce the Chard Company’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of the Chard Company or other persons (including to detect and prevent fraud and other illegal activities, to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of the Chard Company’s services). A Chard Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom the Chard Company discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.
Business Transactions
Chard Group may disclose your personal information in connection with a proposed or actual business transaction in which Chard Group is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Chard Group’ business or assets), but Chard Group will require the information recipient to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.
6. Your Right to Withdraw Consent
When you interact with Chard Group, you consent to the collection, use, disclosure and retention of personal information as set out in this Privacy Policy. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in some circumstances, Chard Group may have to limit the products and services provided to you.
Withdrawing your consent for integral purposes. You may withdraw your consent for purposes that are integral to the provision of Chard Group’s products and services, but then you might not be able to proceed with your intended interactions or transactions with Chard Group or otherwise receive the full benefit of Chard Group’s products and services.
Withdrawing your consent for additional purposes. You may also withdraw your consent for purposes that are not integral to the provision of Chard Group’s products and services. Withdrawing your consent for additional purposes that are not integral to the provision of Chard Group’s products and services will not impact the provision of those products and services to you. Those additional purposes include:
- to communicate with you for the purposes of providing you with advertising and marketing messages pertaining to additional products or services that may be of interest to you;
- to administer and facilitate your participation in sweepstakes, contests and other promotions related to Chard Group; and
- to conduct surveys on the quality of Chard Group’s products and services.
To withdraw your consent, you may contact us at the contact information set out at the end of this Privacy Policy.
7. Location of Personal Information
Chard Group and its service providers may process, store and use your personal information at facilities in Canada, the United States, the United Kingdom and other countries. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Chard Group, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.
8. Retention of Personal Information
Chard Group will retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Chard Group’ legal obligations or enforce or protect Chard Group’ legal rights, or a longer period required or permitted by applicable law. Chard Group will delete or dispose of your personal information, or depersonalize the information, when Chard Group is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.
9. Protection of Personal Information
Chard Group uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Chard Group’ possession or under Chard Group’ control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Chard Group Companies cannot guarantee that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.
10. Accuracy and Access to Personal Information
Chard Group will rely on you to ensure that the personal information that you provide to Chard Group is as accurate, complete and up to date as necessary for the purposes for which Chard Group uses the personal information. You will promptly notify Chard Group of any changes to the personal information that you provide to Chard Group using the procedures made available for that purpose by Chard Group or by contacting Chard Group’ Privacy Officer using the contact information noted below.
You may reasonably request access to your personal information collected by Chard Group and information about Chard Group’ use, disclosure and retention of that personal information by submitting a written request to Chard Group’ Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information corrected as appropriate. You may be required to pay a reasonable fee for access to your personal information. Chard Group may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Chard Group reasonably believes that the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.
11. Non-Personal Information
Chard Group may use personal information to create and collect non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Chard Group may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Chard Group will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with your personal information.
12. Other Websites and Businesses
Chard Group’ websites and correspondence (including emails and messages) may include advertisements for products and services offered by independent businesses or links to websites operated by independent businesses. Chard Group has no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain personal information, please contact the owner or operator of the website, service or business.
13. Social Media
When you use certain aspects of Chard Group’ websites or other services, or post information to other social media sites (e.g. there may be links to Chard Group’ Facebook, Twitter, Instagram or LinkedIn pages), the personal information that you post or share in connection with these third party sites is visible to other persons and can be read, collected, used and disclosed by other persons, including to send unsolicited messages. As will be evident, in such a case, you will be leaving Chard Group’ website and going to the third party’s website. Any information provided to such third party social networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for the personal information that you choose to post or share in those situations. Chard Group has no control over, or responsibility or liability for, the use, disclosure, and retention of the personal information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Policy.
14. Children and Personal Information
Chard Group does not knowingly collect personal information from children under 13 years of age without the consent of a legal guardian. If Chard Group learns that a Chard Company has collected or received personal information from a child where parental confirmation was required, Chard Group will delete that information. If you believe Chard Group might have any information from or about a child where parental consent was required, please contact Chard Group’s Privacy Officer using the contact information set out at the end of this Privacy Policy.
15. Other Matters
Disclaimers, Liability Exclusions/Limitations and Disputes: The agreements (including any website terms of use) that you accept when you apply, register for, order or use Chard Group’ products and services contain important provisions, including provisions disclaiming, limiting or excluding the liability of Chard Group and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Chard Group’ collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they were reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.
Changes to this Privacy Policy: Chard Group may change this Privacy Policy as it applies to Chard Group from time to time by posting a new version of this Privacy Policy on Chard Group’ websites. Chard Group’ collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Chard Group after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Chard Group as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.
English Language: You and Chard Group have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.
Notices to You: You consent to Chard Group sending you emails (to the email addresses you provide to Chard Group) regarding this Privacy Policy and related matters.
16. Contacting Us
If you have any comments or questions about this Privacy Policy or how Chard Group deals with your personal information, please contact Chard Group’ Privacy Officer by mail or email at: Chard Group – Privacy Officer, Katlyn Euler; email: cd_privacy@charddevelopment.com.