MONARCH CORPORATION PRIVACY POLICY Monarch
Corporation (hereinafter “Monarch”) recognizes the importance of protecting its
purchasers’ rights to privacy. This privacy policy (the “Policy”) describes Monarch’s
privacy practices for personal information collected in the course of our dealings
with our purchasers (“Personal Information”). The word “purchasers” as used in this
Policy means purchasers and potential purchasers of homes of any type from Monarch
and our affiliates, subsidiaries and other related entities (collectively, “Related
Entities”). Monarch reserves the right to update this Statement at any time. This
Statement was last updated on January 1, 2005.
1. Types of Personal Information We Collect and
How We Collect It Personal Information is any information that identifies
a purchaser, or by which a purchaser’s identity could be deduced. We collect information
only by lawful and fair means and not in an unreasonably intrusive way. Wherever
possible we collect purchasers’ Personal Information directly from each purchaser
on the relevant documentation.
In order for Monarch to complete the sale of a home to a purchaser, we require the
following Personal Information, which is set out in the Agreement of Purchase and
Sale:
- Name, address, telephone number, fax number and e-mail address;
- Social Insurance Number and residency status (required for tax reporting purposes);
- the name of our purchaser’s lawyer and representative (if other than the lawyer);
- marital status; and
- the municipal address or condominium unit number of the home or condominium unit
being purchased, the purchase price and deposit amount, together with each purchaser’s
décor selections.
Purchasers must also provide the following financial information to Monarch:
- information respecting their annual income;
- the name of their bank or other financial institution;
- the financial institution financing the purchase of the home or condominium unit;
and
- any other financial information needed to determine credit worthiness.
Monarch reserves the right to use this information to obtain a consumer report containing
credit and other related information from a consumer reporting agency. Monarch may
verify information about purchasers or obtain other information from other sources.
Consent Before disclosing any of our
purchasers’ Personal Information, each purchaser will be asked to read and sign
a consent which will accompany the Agreement of Purchase and Sale for the home or
condominium unit being purchased. The consent describes the purposes for which Personal
Information is collected and to whom it may be disclosed. Each purchaser will be
given the opportunity to opt out of the disclosure of their Personal Information
to third parties for secondary marketing purposes. Use of Personal Information
Use of Personal Information Monarch
uses purchasers’ Personal Information for three general reasons:
First, we use Personal Information to complete transactions with our purchasers
and to provide purchasers with our services.
Second, we may use Personal Information to send purchasers additional information
about our products or information about other products and services in which purchasers
might be interested, unless a purchaser opts out of such communications.
Third, we may use Personal Information in aggregate form, to help us evaluate and
modify existing services and to help us develop additional services that are likely
to be of interest to our purchasers.
2. Disclosure of Personal Information
Monarch takes its privacy responsibilities seriously. Accordingly, Monarch shares
purchasers’ Personal Information only in the following limited circumstances.
- Disclosure to Related Entities
Monarch may disclose your Personal Information to its corporate parent and other
Related Entities. Any Personal Information provided to such Related Entities will
be treated in accordance with this Policy.
- Disclosure to Legal Authorities
Monarch may disclose Personal Information when required by law or legal process
to do so, when necessary to protect and defend the rights or property of Monarch
or when necessary to protect the personal safety of our purchasers or others.
- Disclosure in Aggregated Form
From time to time, Monarch may share aggregate information about our purchasers
that is not Personal Information, with third parties, including government agencies
and advertisers.
- Disclosure for the Purpose of Completing the Transaction
Personal Information
We may disclose purchasers’ names, home addresses, e-mail addresses, fax and telephone
numbers, dates of birth and marital status (as well as the municipal address of
the home being purchased or the condominium unit number (as applicable) and the
sale price thereof) to:
- the municipality and if applicable, regional municipality in which the home or condominium
unit will be located;
- any relevant provincial government authorities or agencies, including
- the Ontario New Home Warranty Program,
- the Land Titles Office in which title to the home or condominium unit will be registered,
and
- the Ministry of Finance for the Province of Ontario;
- any relevant federal government authorities or agencies, including Canada Customs
& Revenue Agency (including with respect to GST matters and other tax reporting
purposes);
- our lawyers, to facilitate the closing of this transaction, who may disclose such
information to internet service providers in connection with the distribution and
execution of closing documents, as well as to Teranet, where the transfer of title
to the home or condominium unit occurs through the Teraview Electronic Registration
System;
- any warranty bond provider or excess condominium deposit insurer (where applicable);
- any insurance companies (including title insurance companies), insurance trustee,
reserve fund consultant and performance audit consultant providing insurance coverage,
insurance coverage advice or financial management advice with respect to any part
of the development;
- any tradespeople, suppliers, or surveyors working on the development so that they
may complete the home or condominium unit in accordance with your décor specifications,
install any upgrades or extras requested by you and for after sales service purposes;
- providers of cable television, telephone, Internet, security alarm and utility service
systems together with providers of related services and systems; and
- in the case of condominium projects, the condominium corporation, for the purposes
of maintaining the corporation’s record of owners and to the corporation’s property
manager, for general condominium management and administration purposes.
- Banking and other Financial Information
In addition to the information collected in Section 1, we collect banking and other
financial information (e.g. net worth and annual income) and may disclose this information
(a) to credit bureaus for the purpose of evaluating purchasers’ credit worthiness,
and (b) to any financial institution which is providing financial services in connection
with the development.
- Residency Status, Family Relationship and SIN
In addition to marital status information collected in Section 1, we also collect
information relating to purchasers’ residency status and Social Insurance Numbers
for the purposes of submitting to Canada Customs & Revenue Agency a T-5 interest
income tax information return and/or the non-resident withholding tax information
return and for reporting in regard to GST.
3. Disclosure for Secondary Marketing Purposes
With the consent of each purchaser, we also share such purchaser’s Personal Information
with our business partners and agents, so that they may provide information to purchasers’
regarding financing and insurance services and may also bring new residential communities
to the attention of our purchasers.
4. Updating Personal Information Since
we use Personal Information to provide our services to our purchasers, it is important
that the information be accurate and up-to-date. If a purchaser becomes aware of
any changes to their Personal Information, please contact our privacy officer at
the address noted below in order to provide the updated Personal Information to
us.
5. How Do We Protect Personal Information
Monarch has implemented appropriate safeguards and security measures to protect
all Personal Information collected from loss, theft, unauthorized access, disclosure,
copying, use or modification. Security measures adopted by Monarch include limiting
the number of individuals with access to the Personal Information collected. All
Related Entities, suppliers, agents, employees or parties performing services on
our behalf who handle the Personal Information are bound to maintain its confidentiality
and may not use the information for any unauthorized purpose. This confidentiality
obligation is agreed upon in writing by all of the above-noted parties. It should
however be recognized, that information submitted over the Internet may be intercepted
and used by third parties.
6. Third Party Links Internet sites operated
by Monarch may contain links to other Internet sites. Monarch makes no representations
regarding, and cannot be responsible for, the privacy policies of the operators
of such sites. Purchasers are encouraged to themselves review the policies of such
Internet site operators and to consider the adequacy of same before using the such
site.
7. Complaints If you have any comments,
questions or complaints with respect to our Policy or our handling of Personal Information,
please contact our privacy officer at:
Monarch Corporation
2550 Victoria Park Avenue
Suite 200
Toronto, Ontario
M2J 5A9
Attention: William Liske, Associate Counsel and Privacy Officer
william.liske@ca.taylorwoodrow.com
416.495.3590