The Policy applies to all personal information Daniels’ collects, uses and/or discloses in the course of conducting its business.
The Policy does not apply to personal information about Daniels’ employees that is collected, used or disclosed for the purposes of managing the employment relationship.
The Personal Information Protection and Electronic Documents Act (“PIPEDA”) defines “personal information” as information about an identifiable individual.
Personal information is broadly defined and includes, but is not limited to the following information that Daniels may collect and use:
Age Cellular telephone number
Date of Birth Employment history including letters of employment and paystubs
Home address/email address Consumer Reports (including a credit report)
Home phone number Credit Card/Debit Card information
Driver’s License Number/ other photo ID Purchase and sale agreement/Mortgage Statement
Rental preferences Information about income and assets
Information about previous landlords Support for additional income (e.g., Child Tax Benefits, ODSP etc.)
Personal references College/University enrollment letter
Emergency contact information Work Visa/Permanent Resident Card
Daniels collects personal information in two principal contexts.
Daniels collects an applicant’s name, email and telephone number when they contact Daniels about leasing a unit. This information is used to contact the applicant and book a tour of the property.
If the applicant chooses to proceed with an application to lease a residential property, they are required to complete a rental application and if the applicant chooses to proceed with an application to lease a commercial property, they are required to complete a letter of intent (“LOI”). In completing both of these documents an applicant is required to provide personal information necessary to process and make a determination about the application. The type of personal information collected in these documents is identified in the section of the Policy titled “General Principles”.
In addition to the personal information collected on the rental application and LOI and as part of its process for determining whether the application will be approved, Daniels may collect and use the following information:
Once an application is approved, Daniels requires the applicant to enter into a residential tenancy agreement or a commercial lease agreement, whichever is applicable. These agreements include the collection of personal information necessary to establish the terms of and administer the lease.
In its capacity as a property manager, Daniels may collect, use and/or disclose personal information about tenants and condominium unit owners necessary to provide service to the tenants, condominium unit owners, and condominium occupants, administer the lease agreements as required, and ensure the safety, security and operation of the building.
Buildings managed by Daniels operate video surveillance for the purpose of maintaining the security of the building and the building’s tenants, condominium unit owners and occupants, and for the prevention of crime. Individuals are alerted to the presence of surveillance cameras at these buildings by signs posted at the entrance to the building.
Video surveillance captures interior and/or exterior common areas including but not necessarily limited to points of entry and exit of the building, the lobby of the building, the parking garages, common use outdoor terraces, lounges, corridors etc. There is no surveillance that could capture the inside of a private unit in a building.
While at some buildings the footage can be viewed in real-time by the building supervisor, it is not actively monitored and will only be accessed by Daniels in the event of an actual or suspected security incident or actual or suspected criminal activity.
A request for access to video surveillance footage will be addressed in accordance with Daniels’ policy on “Requests to Access and/or Correct Personal Information” detailed below. Access to footage that contains personal information about the person making the request will generally be granted unless disclosure of the information is not permitted or required under PIPEDA and particularly, will not be granted where access would disclose personal information about a third-party that cannot be severed and the third-party has not consented to disclosure of the information.
Some buildings managed by Daniels track and retain a record of the use of individual condo owner, tenant, or occupant key cards used to enter and exit the building and to access building amenities. This information is collected for the purpose of maintaining the security the building and the prevention of crime and may be accessed if there is an actual or suspected security incident or actual or suspected criminal activity.
The key card data is also used by Daniels to help plan future developments by for example, providing information about which building amenities are used most frequently.
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual (unless consent is not legally required in the circumstances) or as required by law. Circumstances under which Daniels may disclose personal information include the following:
Cooperation with Law Enforcement
Daniels may disclose personal information on its own initiative to a government institution, including a law enforcement agency, if Daniels has reasonable grounds to believe that the information relates to a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed or Daniels suspects the information is relevant to national security or the defence of Canada.
During the tenant application process Daniels seeks express consent to collect, use and disclose personal information necessary to process, assess and make a determination about the application.
If personal information is to be used for a purpose different than that for which it was collected, Daniels will contact the tenant or prospective tenant to gain express consent to use the information for the new purpose unless not required to do so by law. Individuals have the right to withdraw consent at any time, except where doing so is contrary to legal or contractual restrictions. Where consent is withdrawn Daniels’s will inform the individual of the consequences of such withdrawal.
After collection, Daniels retains personal information in two formats: original paper format and electronic format.
Daniels employs administrative, technical and physical safeguards intended to protect against the loss, misuse, unauthorized access, or disclosure of personal information. Although Daniels takes such precautions seriously, it is not possible for Daniels to guarantee the safety and security of personal information.
Personal information is retained only as long as necessary to fulfill the purpose for which it was collected. 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. Personal Information that is the subject of a request for access under the PIPEDA shall be retained as long as necessary to allow the individual time to exhaust all recourse under PIPEDA.
At the conclusion of the applicable retention period, paper and electronic files are securely destroyed such that personal information cannot be recovered or reconstructed..
Requests to Access and/or Correct Personal Information
Upon request, Daniels will inform an individual of the existence of personal information the Company holds about the individual and the circumstances in which the individual’s personal information was used and/or disclosed including the identity of any third parties to whom it was disclosed. Subject to limited exceptions as provided for under PIPEDA and upon request, Daniels will provide an individual with access to his/her personal information.
All requests under this section of the Policy must be made in writing to the Compliance Officer and must be sufficiently detailed to enable Daniels to understand and respond to the request.
Daniels will respond to requests under this section of the Policy within thirty (30) business days or such shorter time as may be required by law. If Daniels is unable to respond within thirty (30) days it will provide a written notice of an extension of the timeline for responding.
Where a request made under this section of the Policy is refused in full or in part, Daniels will notify the individual in writing and will provide the reasons for refusal as well as any recourse that may be available to the individual. Where an individual’s request to correct personal information is denied, Daniels will maintain a record of the request and denial.
Complaints or concerns regarding Daniels’ compliance with this Policy or with applicable privacy laws should be made in writing to the Compliance Officer.
Privacy complaints will be received at Daniels Head Office and will be directed to the Compliance Officer who will follow the process below:
Should the complainant be unsatisfied the manner in which their complaint is addressed, the individual may escalate the matter by contacting the Office of the Privacy Commissioner of Canada.
The Office of the Privacy Commissioner of Canada can be contacted by:
Daniels’ Compliance Officer is responsible for compliance with PIPEDA including, implementing the Policy and other practices and procedures to protect personal information.
In addition, Daniels’ Compliance Officer is responsible for:
The Daniels’ Compliance Officer is Nicole Parro.
All inquiries and complaints regarding the Policy or Daniels’ practices and procedures for handling personal information may be directed to Nicole at:
2885 Argentia Road, Unit 1
Mississauga, ON L5N 8G6
Tel: (905) 593-1886
Email: [email protected]
This Statement has been adopted by Daniels as of May 7, 2021.