NomadHomes is responsible for personal information under its control and shall designate an individual or individuals who are accountable for NomadHomes’s compliance with the following principles.
1.1 Accountability for NomadHomes'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 NomadHomes 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 NomadHomes's compliance with the principles shall be made known upon request.
1.3 NomadHomes is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. NomadHomes 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 NomadHomes 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 NomadHomes's policies and practices; and
(d) developing information to explain NomadHomes's policies and procedures.
NomadHomes shall identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 NomadHomes 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 NomadHomes to determine the information they need to collect to fulfil these purposes. Principle 4 (Limiting Collection) requires NomadHomes to collect only that information necessary for the purposes that have been identified. Unless otherwise stated, NomadHomes will collect and use personal information for the following purposes:
(a) To understand the individual's needs;
(b) To analyze the suitability of NomadHomes's products or services for the individual;
(c) To determine the individual's eligibility for NomadHomes'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, NomadHomes 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. NomadHomes 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 NomadHomes wants to use information for a purpose not previously identified).
3.2 The principle requires “knowledge and consent”. NomadHomes 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 NomadHomes 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 NomadHomes may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, NomadHomes 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 NomadHomes seeks consent may vary, depending on the circumstances and the type of information collected. NomadHomes 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. NomadHomes 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 NomadHomes. Information shall be collected by fair and lawful means.
Although NomadHomes will collect personal information primarily from individuals, NomadHomes may also collect personal information from external sources such as credit bureaus, landlords, employers, land registries, etc.
4.1 NomadHomes 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. NomadHomes 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 NomadHomes 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).
NomadHomes 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. NomadHomes retains personal information only as long as necessary for the fulfilment of those purposes.
5.1 When NomadHomes uses personal information for a new purpose NomadHomes shall document this purpose.
5.2 NomadHomes 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. NomadHomes 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. NomadHomes 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).
NomadHomes 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 NomadHomes 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 NomadHomes uses security safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. NomadHomes protects both electronic and printed personal information.
7.2 NomadHomes uses security safeguards appropriate to the sensitivity of the information.
7.3 NomadHomes 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 NomadHomes 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 NomadHomes 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.
NomadHomes makes readily available to individuals specific information about its policies and practices relating to the management of personal information.
NomadHomes makes available to individuals information about the policies and procedures it uses to manage personal information.
8.1 NomadHomes is open open about it's policies and practices with respect to the management of personal information. Customers are able to acquire information about NomadHomes'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 NomadHomes's policies and practices and to whom complaints or inquiries can be forwarded;
(b) the means of gaining access to personal information held by NomadHomes;
(c) a description of the type of personal information held by NomadHomes, including a general account of its use;
(d) a copy of any brochures or other information that explain NomadHomes's policies, standards, or codes; and
(e) what personal information is made available to related organizations (e.g., subsidiaries and partners).
8.3 NomadHomes 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, NomadHomes 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, NomadHomes 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, NomadHomes shall inform an individual whether or not NomadHomes holds personal information about the individual. NomadHomes shall, at it's option, indicate the source of this information. NomadHomes shall allow the individual access to this information. However, NomadHomes may choose to make sensitive medical information available through a medical practitioner. In addition, NomadHomes 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 NomadHomes 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, NomadHomes 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, NomadHomes shall provide a list of organizations to which it may have disclosed information about the individual.
9.4 NomadHomes 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 NomadHomes 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, NomadHomes 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 NomadHomes. 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 NomadHomes's compliance.
10.1 The individual accountable for NomadHomes's compliance is discussed in principle 1 (Accountability).
10.2 NomadHomes 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 NomadHomes 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 NomadHomes shall investigate all complaints. If a complaint is found to be justified, NomadHomes shall take appropriate measures, including, if necessary, amending its policies and practices.