Bentall and Privacy Issues

Principle 1 - Accountability

Bentall is responsible for the Personal Information under its control, and we have designated a Privacy Officer who is responsible for our compliance with this Privacy Policy and with applicable laws.   Other individuals within Bentall may be delegated to act on behalf of the Privacy Officer and Bentall shall use appropriate means to provide a comparable level of protection while information is being processed by a third party.

You may contact our Privacy Officer as follows:

Principle 2 – Collection and Purpose of Personal Information

Bentall shall identify the Purposes for which Personal Information is collected at or before the time the information is collected.  Bentall collects Personal Information for the following purposes:

• To establish and maintain commercial relationships with customers and provide ongoing service;
• To manage and develop Bentall’s business and operations, including employee and personnel matters; and
• To meet legal and regulatory requirements

Bentall collects Personal Information for these purposes through various means including, but not limited to:

General

• email and other correspondence that is sent to Bentall
• from service providers in connection with the Purposes
• web site forms
• verbal discussions

Property Management and Leasing

• applications for tenancy including credit applications (may collect credit-related or other information about the individual from a third party credit reporting agencies, banks, references, etc)
• applications for specialized services and memberships, such as parking, fitness facilities or golf club memberships
• leases and other associated agreements entered into with Bentall
• commercial agreements entered into with Bentall
• emergency or incident reporting including video and other surveillance for insurance and risk management purposes
•  video surveillance, swipe cards and other information for general security purposes

Investment Management

• commercial agreements entered into with Bentall

Employment

• resumes & personal references provided in applications of employment
• employment forms

Principle 3 – Consent for Collection, Use or Disclosure of Personal Information

The knowledge and implicit or explicit consent of an individual is required for the collection, use or disclosure of Personal Information, except where inappropriate or not required.  Requirements for consent to collection, use, or disclosure of Personal Information vary depending on circumstances and on the type of Personal Information that is intended to be collected, used, or disclosed.
 

• In obtaining consent, Bentall shall use reasonable efforts to ensure that an individual is advised of the Purposes for which the Personal Information will be used or disclosed.
• Generally, Bentall will seek consent at the same time that it collects the information.  However, Bentall may seek consent to use and disclose personal information after it has been collected, but before it has been used or disclosed for a new purpose.
• Bentall will require individuals to consent to the collection, use or disclosure of Personal Information as a condition of the supply of a service or employment if such collection, use or disclosure is required to fulfill the identified purposes.
• In determining whether consent is required and, if so, which form of consent is appropriate, Bentall will take into account both the sensitivity of the Personal Information and the purposes for which Bentall will use the information. Consent may be express or implied (including through use of “opt-out” consent where appropriate). For example, if an individual provides his/her mailing address and requests information regarding a particular service, consent to use the address to provide the requested information may be implied.
• In general, the use of services by an individual constitutes implied consent for Bentall to collect, use and disclose Personal Information for all identified Purposes.
• Bentall can collect, use and disclose employee Personal Information without the consent of the individual where the collection, use or disclosure is reasonable for the purposes of establishing, managing or terminating an employment relationship between Bentall and the individual.
• On giving reasonable written notice to Bentall, an individual may withdraw consent to the collection, use, or disclosure of his or her Personal Information subject to legal or contractual restrictions. Upon notice of withdrawal of consent, Bentall will notify the individual of the likely consequences of withdrawing his or her consent and, except where otherwise required or permitted by law, Bentall will stop collecting, using, or disclosing the Personal Information as requested.
  
  

If a person provides Bentall or its service providers or agents with Personal Information about an individual, the person represents that it has all necessary authority and/or has obtained all necessary consents from such individual to enable Bentall to collect, use, and disclose such Personal Information for the purposes set forth in this Privacy Policy.

Bentall may collect, use or disclose Personal Information in certain limited circumstances without the knowledge and consent of the individual.  Examples of this include:

• Bentall may collect or use Personal Information if it is clearly in the interests of the individual and consent can not be obtained in a timely way, such as when the individual is seriously ill, mentally incapacitated, or in the case of an emergency where the life, health or security of an individual is threatened. 
• Bentall may disclose personal information without knowledge or consent to collect a debt, to comply with a subpoena, warrant or other court order, or as may otherwise be required or authorized by law.
• Bentall may collect, use or disclose personal information without the knowledge and consent of the individual if seeking consent of the individual is reasonably expected to compromise the availability or the accuracy of personal information reasonably required for an investigation or a proceeding such as in the case of an investigation of a breach of agreement or contravention of federal or provincial law.

Principle 4 – Limiting Collection of Personal Information

Except where required or permitted by law, Bentall will limit the collection of Personal Information to the Personal Information that is necessary to fulfill the Purposes.  Bentall will collect Personal Information by fair and lawful means.

• Bentall primarily collects Personal Information directly from its customers, suppliers or employees.
• Bentall may also collect Personal Information from other sources including credit agencies, employers or personal references, or other third parties who represent that they have a right to disclose the information.

Principle 5 – Limiting Use, Disclosure and Retention of Personal Information

Bentall shall limit the use and disclosure of personal information to those purposes for which it was collected, except with the consent of the individual or as required by law.  Bentall shall retain personal information only as long as necessary for the fulfillment of those purposes.