RentalGauge is responsible for personal information under its control and shall designate an individual or individuals who are accountable for RentalGauge’s compliance with the following principles.
1.1 Accountability for RentalGauge's compliance with the principles rests with the designated individual(s), even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within RentalGauge may be delegated to act on behalf of the designated individual(s).
1.2 The identity of the individual(s) designated by the organization to oversee RentalGauge's compliance with the principles shall be made known upon request.
1.3 RentalGauge is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. RentalGauge shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
1.4 RentalGauge has implemented policies and practices to give effect to the principles, including:
(a) implementing procedures to protect personal information;
(b) establishing procedures to receive and respond to complaints and inquiries;
(c) training staff and communicating to staff information about RentalGauge's policies and practices; and
(d) developing information to explain RentalGauge's policies and procedures.
RentalGauge shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 RentalGauge shall document the purposes for which personal information is collected in order to comply with principle 8 (Openness) and principle 9 (Individual Access).
2.2 Identifying the purposes for which personal information is collected at or before the time of collection allows RentalGauge to determine the information they need to collect to fulfil these purposes. Principle 4 (Limiting Collection) requires RentalGauge to collect only that information necessary for the purposes that have been identified. Unless otherwise stated, RentalGauge will collect and use personal information for the following purposes:
(a) To understand the individual's needs;
(b) To analyze the suitability of RentalGauge's products or services for the individual;
(c) To determine the individual's eligibility for RentalGauge's products and services;
(d) To set up, manage and offer products and services that meet the individual's needs;
(e) To provide ongoing service;
(f) To meet legal and regulatory requirements;
2.3 The identified purposes should be specified at or before the time of collection to the individual from whom the personal information is collected. Depending upon the way in which the information is collected, this can be done orally or in writing. An application form, for example, may give notice of the purposes.
(a) Personal information is required for the creation of a user account, which is required with on-line services to authenticate the individual to the web site and his or her account information.
2.4 When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is required by law, the consent of the individual is required before information can be used for that purpose. For an elaboration on consent, please refer to principle 3 (Consent).
2.5 Persons collecting personal information should be able to explain to individuals the purposes for which the information is being collected.
2.6 This principle is linked closely to principle 4 (Limiting Collection) and principle 5 (Limiting Use, Disclosure, and Retention).
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.
Note: In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate when the individual is a minor, seriously ill, or mentally incapacitated. In addition, RentalGauge may not have a direct relationship with all individuals (e.g., a landlord's tenants) and may not always be able to seek consent.
3.1 Consent is required for the collection of personal information and the subsequent use or disclosure of this information. RentalGauge will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when RentalGauge wants to use information for a purpose not previously identified).
3.2 The principle requires “knowledge and consent”. RentalGauge shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes will be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
3.3 RentalGauge shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.
3.4 The form of the consent sought by RentalGauge may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, RentalGauge shall take into account the sensitivity of the information. Although some information (for example, medical records and income records) is almost always considered to be sensitive, any information can be sensitive, depending on the context. For example, the names and addresses of subscribers to a newsmagazine would generally not be considered sensitive information. However, the names and addresses of subscribers to some special-interest magazines might be considered sensitive.
3.5 In obtaining consent, the reasonable expectations of the individual are also relevant. For example, an individual buying a subscription to a magazine should reasonably expect that the organization, in addition to using the individual’s name and address for mailing and billing purposes, would also contact the person to solicit the renewal of the subscription. In this case, the organization can assume that the individual’s request constitutes consent for specific purposes. On the other hand, an individual would not reasonably expect that personal information given to a health-care professional would be given to a company selling health-care products, unless consent were obtained. Consent shall not be obtained through deception.
3.6 The way in which RentalGauge seeks consent may vary, depending on the circumstances and the type of information collected. RentalGauge generally seeks express consent when the information is likely to be considered sensitive. Implied consent would generally be appropriate when the information is less sensitive. Consent can also be given by an authorized representative (such as a legal guardian or a person having power of attorney).
3.7 Individuals can give consent in many ways. For example:
(a) an application form may be used to seek consent, collect information, and inform the individual of the use that will be made of the information. By completing and signing the form, the individual is giving consent to the collection and the specified uses;
(b) a checkoff box may be used to allow individuals to request that their names and addresses not be given to other organizations. Individuals who do not check the box are assumed to consent to the transfer of this information to third parties;
(c) consent may be given orally when information is collected over the telephone; or
(d) consent may be given at the time that individuals use a product or service.
3.8 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. RentalGauge shall inform the individual of the implications of such withdrawal.
The collection of personal information shall be limited to that which is necessary for the purposes identified by RentalGauge. Information shall be collected by fair and lawful means.
Although RentalGauge will collect personal information primarily from individuals, RentalGauge may also collect personal information from external sources such as credit bureaus, landlords, employers, land registries, etc.
4.1 RentalGauge shall not collect personal information indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfil the purposes identified. RentalGauge shall specify the type of information collected as part of their information-handling policies and practices, in accordance with principle 8 (Openness).
4.2 The requirement that personal information be collected by fair and lawful means is intended to prevent RentalGauge from collecting information by misleading or deceiving individuals about the purpose for which information is being collected. This requirement implies that consent with respect to collection must not be obtained through deception.
4.3 This principle is linked closely to principle 2 (Identifying Purposes) and principle 3 (Consent).
RentalGauge does not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. RentalGauge retains personal information only as long as necessary for the fulfilment of those purposes.
5.1 When RentalGauge uses personal information for a new purpose RentalGauge shall document this purpose.
5.2 RentalGauge has developed guidelines and procedures with respect to the retention of personal information. Personal information that has been used to make a decision about an individual shall be retained long enough to allow the individual access to the information after the decision has been made. RentalGauge may be subject to legislative requirements with respect to retention periods.
5.3 Personal information that is no longer required to fulfil the identified purposes is destroyed, erased, or made anonymous. RentalGauge has developed guidelines and procedures to govern the destruction of personal information.
5.4 This principle is closely linked to the principle 3 (Consent), principle 2 (Identifying Purposes), and principle 9 (Individual Access).
RentalGauge keeps personal information as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 The extent to which personal information shall be accurate, complete, and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the individual.
6.2 RentalGauge shall not routinely update personal information, unless such a process is necessary to fulfil the purposes for which the information was collected.
6.3 Personal information that is used on an ongoing basis, including information that is disclosed to third parties, should generally be accurate and up-to-date, unless limits to the requirement for accuracy are clearly set out.
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
7.1 RentalGauge uses security safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. RentalGauge protects both electronic and printed personal information.
7.2 RentalGauge uses security safeguards appropriate to the sensitivity of the information.
7.3 RentalGauge uses the follow methods of protection:
(a) paper files are stored in a locked facility with restricted access;
(b) electronic files are password protected and encrypted as appropriate and stored within Canadian borders; and
(c) staff are required to have appropriate security clearances, based on a "need-to-know" basis.
7.4 RentalGauge provides education and training to all employees about the importance of maintaining the confidentiality of personal information, and
(a) requires employees to sign a confidentiality policy and follow policies and procedures for safeguarding personal information.
7.5 RentalGauge uses care when disposing or destroying personal information, to prevent unauthorized parties from gaining access to the information. Procedures include:
(a) cross-shredding paper files before disposal; and
(b) electronically erasing and then permanently disabling hard-drives before disposal.
RentalGauge makes readily available to individuals specific information about its policies and practices relating to the management of personal information.
RentalGauge makes available to individuals information about the policies and procedures it uses to manage personal information.
8.1 RentalGauge is open open about it's policies and practices with respect to the management of personal information. Customers are able to acquire information about RentalGauge's policies and practices without unreasonable effort. This information will be made available in a form that is generally understandable.
8.2 The information made available through brochures or other documents includes:
(a) the name or title, and the address, of the person who is accountable for RentalGauge's policies and practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by RentalGauge;
(c) a description of the type of personal information held by RentalGauge, including a general account of its use;
(d) a copy of any brochures or other information that explain RentalGauge's policies, standards, or codes; and
(e) what personal information is made available to related organizations (e.g., subsidiaries and partners).
8.3 RentalGauge may make information on its policies and practices available in a variety of ways. The method chosen depends on the nature of its business and other considerations. For example, RentalGauge may choose to make brochures available in its place of business, send information by postal mail, provide online access, or establish a toll-free telephone number.
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain situations, RentalGauge may not be able to provide access to all the personal information it holds about an individual. The reasons for denying access shall be provided to the individual upon request. Reasons may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
9.1 Upon request, RentalGauge shall inform an individual whether or not RentalGauge holds personal information about the individual. RentalGauge shall, at it's option, indicate the source of this information. RentalGauge shall allow the individual access to this information. However, RentalGauge may choose to make sensitive medical information available through a medical practitioner. In addition, RentalGauge shall provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
9.2 An individual may be required to provide sufficient information to permit RentalGauge to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.
9.3 In providing an account of third parties to which it has disclosed personal information about an individual, RentalGauge shall attempt to be as specific as possible. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, RentalGauge shall provide a list of organizations to which it may have disclosed information about the individual.
9.4 RentalGauge shall respond to an individual’s request within a reasonable time and at minimal or no cost to the individual. The requested information shall be provided or made available in a form that is generally understandable. If RentalGauge uses abbreviations or codes to record information, an explanation shall be provided.
9.5 When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, RentalGauge shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
9.6 When a challenge is not resolved to the satisfaction of the individual, the substance of the unresolved challenge shall be recorded by RentalGauge. When appropriate, the existence of the unresolved challenge shall be transmitted to third parties having access to the information in question.
An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for RentalGauge's compliance.
10.1 The individual accountable for RentalGauge's compliance is discussed in principle 1 (Accountability).
10.2 RentalGauge has procedures in place to receive and respond to complaints or inquiries about their policies and practices relating to the handling of personal information.
10.3 RentalGauge shall inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures. A range of these procedures may exist.
10.4 RentalGauge shall investigate all complaints. If a complaint is found to be justified, RentalGauge shall take appropriate measures, including, if necessary, amending its policies and practices.