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Protecting your privacy is important Sutton Max Realty and Property Management (“Max Realty”). This Policy explains how Max Realty collects, uses and discloses personal information concerning its clients and other individuals (“you”) other than Max Realty’s professionals, employees and agents.

Any personal information you provide to us will be treated with care and, subject to this Policy and applicable law, will not be used or disclosed in a way to which you have not consented.

By signing the Management Services Agreement and related schedules, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Policy.

Personal Information – The term “personal information” refers to any information about an identifiable individual or any information that allows an individual to be identified. In general, personal information does not include business contact information such as your name, title or position, business address, business telephone or fax number in your capacity as an employee of an organization. During your relationship with Max Realty, you may be asked to provide certain personal information concerning you and/or other individuals (such as family members, adverse parties, employees, directors, officers, shareholders, investors, business partners, customers, etc.). Personal information may include names, date of birth, home address, financial and credit information, billing and account information.

Purposes for which Personal Information is Collected – Max Realty collects, uses and discloses personal information for the purposes identified at the time of collection, or as otherwise permitted or required by applicable law, including for the following purposes:

  • to provide property management services and other related services as set out in the Management Services Agreement, including:
    collecting rent; remitting or transmitting net rent collected; issuing work orders for maintenance of the property; and all other services as requested or agreed to by you.
  • to establish and manage client relationships; administrative, management and business purposes, such as to issue invoices, administer accounts, collect and process payments, evaluate credit standing, fulfill contractual obligations, and audit our business operations;
  • to develop our knowledge of management systems and databases; for any other purpose for which we have your consent.

Limiting Collection, Use and Disclosure – We strive to limit the amount of personal information we collect to that necessary and appropriate for the identified purposes. We will not use or disclose your personal information for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.

Consent – To the extent possible, we will obtain consent to collect, use and disclose personal information about an individual directly from such individual. However, if you provide personal information concerning another individual (including adverse parties and other individuals involved in legal proceedings) to Max Realty, you represent that prior to submitting such information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such personal information for the purposes set out in this Policy, or the collection, use and disclosure is permitted by applicable law.

Max Realty will not collect, use or disclose personal information without the consent of the individual(s) concerned unless we are permitted or required to do so by applicable law. We generally do not obtain the consent of the individual(s) concerned in the following circumstances:

  • when information is being collected for the detection and prevention of fraud or for law enforcement and seeking the consent of the individual may defeat the purpose of collecting the information.

Withdrawal of Consent/Opting-Out – You may withdraw your consent to the use and disclosure of your personal information, or opt-out of certain uses and disclosures. To do that, please contact one of our Privacy Officers (identified below). Please note that certain services can only be offered to you if you provide personal information to Max Realty, and therefore Max Realty may not be able to offer you those services if you choose not to provide us with required personal information.

Disclosure of Your Personal Information – Max Realty may disclose personal information to third parties (including adverse parties and their counsel, experts, witnesses, service providers), including in the context of legal proceedings and business transactions.

Max Realty may also disclose your personal information to your agent.

Max Realty may disclose your personal information to a government or regulatory entity that has asserted its lawful authority to obtain the information or where Max Realty has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to protect Max Realty’s rights and property. If Max Realty is involved in a merger or other reorganization, Max Realty may disclose your personal information to the resulting organization.

Max Realty may also disclose personal information as otherwise required or permitted by applicable law.

Max Realty does not sell or exchange for consideration any personal information it holds.

Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information and will be entitled to challenge the accuracy and completeness of that information and, to the extent that you have proven such inaccuracy or incompleteness, have it amended as appropriate. Examples of such exceptions include information that is prohibitively costly to provide, information that contains references to other individuals, and information that cannot be disclosed for legal, security or commercial proprietary reasons.

You can help Max Realty maintain the accuracy of your information by notifying Max Realty of any changes to your personal information.

If you have any inquiry or complaint that relates to Max Realty’s policies or procedures relating to the handling of personal information, we invite you to communicate with Max Realty.