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The Building Owners and Managers Association of Canada Inc. (“we“, “us“, “our“, or “BOMA“) is committed to protecting the personal information of its members, partners, program participants, and other stakeholders. This Privacy Policy applies to our collection, use, and disclosure of your personal information when you access or use our websites, mobile applications, portals, tools, assessments and programs, and our services related thereto, that are owned, operated, or provided by or on behalf of BOMA including, but not limited to, bomacanada.ca, bomabest.org, bomabestfieldguide.org, bomabesthub.com, bomaenspire.ca, bomex.ca, BOMA BEST, the BOMA BEST Risk Assessment, the BOMA BEST Certification Program, the BOMA Best Hub, the BOMA Enspire Portal, and the BOMA Canada E-Mail Update Service (collectively, the “Services“).
This Privacy Policy has been developed to ensure compliance with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA“), as well as applicable provincial privacy legislation, including British Columbia’s Personal Information Protection Act, Alberta’s Personal Information Protection Act, and Quebec’s Act Respecting the Protection of Personal Information in the Private Sector and related amendments under Law 25, as each may be amended from time to time (collectively, “Applicable Privacy Legislation“).
Personal information means any factual or subjective information, in any form, recorded or not, on its own or combined with other information, that can identify an individual. This includes information such as a person’s name, mailing address, email address, credit card information, government-issued identification numbers, and similar information.
Personal information does not include the name, title, or business address or telephone number of an employee of an organization, nor does it include information that cannot be attributed to an identifiable individual, such as de-identified information.
By accessing or using the Services, you consent to this Privacy Policy and our collection, use, and disclosure of your personal information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy or how we collect, use, or disclose or otherwise handle your personal information as described in this Privacy Policy, please do not access or use the Services.
We will obtain your express or implied consent prior to or when collecting, using, or disclosing your personal information for any purpose not described in this Privacy Policy, unless otherwise required or permitted by law.
You can always refuse to provide your personal information, except that refusal may prevent you from using the Services or receiving responses to your inquiries.
You can also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. If you withdraw your consent, we will inform you of the likely consequences of doing so, which may include an impact on our ability to provide all or certain of the Services to you.
For residents of Quebec, we will obtain your express consent in a clear, free, and informed manner for the collection, use, or disclosure of sensitive personal information. Where applicable, consent will be requested separately from other information and in plain language.
BOMA has designated the Executive Vice President of BOMA as its Privacy Officer, who is responsible for ensuring BOMA’s compliance with Applicable Privacy Legislation and with this Privacy Policy. Other individuals within BOMA may be delegated to act on behalf of the Privacy Officer or to take responsibility for occasional collection, use, and disclosure of personal information. BOMA is accountable and responsible for all personal information in its possession or control, including personal information transferred to third-party service providers for processing.
In the course of your access or use of the Services, we may collect certain personal information as described below. We strive to uphold data minimization principles and will only collect the personal information that is necessary for the purposes identified in this Privacy Policy. We do not intentionally collect personal information of individuals below the age of 16 or other statutory age of majority in the jurisdiction of residence.
The specific types of personal information we collect depend on the Services you use and include the following:
In connection with the BOMA Enspire Portal, we may collect the following information when you complete the enrollment or otherwise access or use the BOMA Enspire Portal:
In connection with your participation in BOMA BEST and your access or use of the BOMA BEST Hub, we may collect the following information:
Generally, we collect your personal information directly from you however, we may also collect your personal information from other sources to, among other things, enable us to complete, verify, or update personal information contained in our records and to better customize the Services we provide.
We use cookies and similar automatic data collection technologies on our websites to enhance your browsing experience and provide personalized service.
Cookies are small text files that are stored on your website or mobile device when you visit a website. They are widely used to make websites work more efficiently and provide information to the website owners. Other similar automatic tracking technologies are web beacons, embedded scripts, and entity tags.
BOMA does not use cookies on the BOMA BEST Hub.
Some cookies may be set by third-party services that appear on our pages. We do not control the dissemination of these cookies. You should check the third-party websites for more information about these technologies.
Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, as it will no longer be personalized to you. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
For residents of Quebec, in accordance with Law 25, we will obtain your consent before using non-essential cookies or similar tracking technologies.
We use various types of online analytics, including Google Analytics, a web analytics service provided by Google, Inc. (“Google“), on our websites. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use our websites, compile reports on the related activities, and provide other services related to website and app activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website or app. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy terms.
To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, please visit Google’s website. You may opt out of Google’s use of cookies by visiting Google’s ads settings.
We use personal information for the purposes described below. The specific uses depend on the Services you interact with.
Across all of our Services, we use personal information to:
In connection with the BOMA Enspire program and the BOMA Enspire Portal, we use your personal information to make the BOMA Enspire Portal available to you and to make improvements to them from time to time.
In connection with BOMA BEST, the BOMA BEST Risk Assessment, and the BOMA BEST Hub, we use your personal information to:
We will not use your personal information for any other purpose without your consent or as otherwise required or permitted by law.
We may use your data, solely on a de-identified basis and aggregated with other users’ data, for the compilation and analysis of trends, statistics, and other information without any link or identifiable reference to you, and we may generate aggregated data from such use (“Aggregated Data“). We may share our analyses based on Aggregated Data with our business partners and third-party customers. For the avoidance of doubt, we will not distribute or share your personal information with anyone in its identifiable form, except as expressly described in this Privacy Policy.
If you would like to withdraw your consent to BOMA extracting information from your data and generating Aggregated Data, please contact the Privacy Officer using the contact information provided below. You acknowledge, however, that withdrawal of consent may impact our ability to perform certain assessments or provide certain Services and that we may, at our discretion, cease performing those assessments. We will process your withdrawal request within a commercially reasonable period of time.
We do not sell, rent, share, or trade your personal information to any third party for any purpose, except as described in this Privacy Policy or as otherwise required or permitted by applicable law.
We may share or disclose personal information in the following circumstances:
We may transfer your personal information outside the province of Quebec and/or outside Canada, [including to the United States and Mexico], for processing and storage by us or our service providers. We use contractual and other means to ensure your personal information is protected while in the foreign jurisdiction, however, your personal information may be still accessible to law enforcement agencies, government agencies, courts, and national security authorities of the foreign jurisdiction.
BOMA employs reasonable administrative, technical, and physical safeguards to protect your personal information against unauthorized access, disclosure, theft, or misuse. These measures include, without limitation, limiting access to personal information on a “need-to-know” basis, using passwords and encryption, maintaining firewalls in the computer system, and storing physical records in locked filing cabinets. Only the Privacy Officer and delegated individuals have access to personal information.
We endeavour to safeguard personal information once we receive it; however, please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. BOMA will not be liable for any breach of data security caused by circumstances outside its control, including unauthorized network intrusions. If you suspect an unauthorized use or security breach of your personal information, please contact us as soon as possible.
We will retain your personal information only as long as needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Once personal information is no longer needed for the purposes for which it was collected, we will securely erase, delete or destroy your personal information. Alternatively, where permitted by law, we may de-identify or anonymize your personal information, in accordance with legal requirements, if any, and retain it indefinitely for study or research purposes or for any other purpose permitted by law.
You have certain rights pursuant to Applicable Privacy Legislation regarding your personal information including, but not limited to, the right to:
If you wish to exercise any of these rights or any other rights granted to you by Applicable Privacy Legislation, you may do so by contacting our Privacy Officer using the contact information provided below. You may also update certain of your personal information directly on the BOMA Best Hub and the BOMA Enspire Portal.
The effective date of this Privacy Policy is set forth at the top of this page. We may change the Privacy Policy from time to time by posting the changes so please come back and review this Privacy Policy regularly. We will take reasonable steps to alert you prior to changing the collection, use or disclosure practices associated with your personal information and, if required by law, obtain your consent to such changes.
Please contact us as follows if you have any questions about this Privacy Policy or would like to exercise your rights under Applicable Privacy Legislation:
BOMA Privacy Officer
141 Adelaide Street West, Suite 1002
Toronto, Ontario, Canada
M5H 3L5
Phone: (416) 214-1912
Email: info@bomacanada.ca
For your protection, we may need to verify your identity before assisting with your request, such as verifying that the information used to contact us matches the information that we have on file.
BOMA BEST PRIVACY STATEMENT
This BOMA BEST Privacy Policy provides you with information regarding our collection, use, retention, storage and disclosure of Your Data (as defined in the Terms of Use) and any Personal Information.
Any capitalized terms used herein and not defined shall have the meanings ascribed to them in the Terms of Use.
1. How BOMA Collects, Uses and Shares Your Data and Personal Information
a. In the course of your use of the BOMA BEST Hub, BOMA will collect, process, and store information about You and Your use of the BOMA BEST Hub, including information about Your building, its status and any other information required to perform the BOMA BEST® methodology. This information will consist of Your Data, and may include Personal Information to the extent that you upload any such Personal Information.
b. All your Content, including Personal Information, will be processed, stored and handled by BOMA in accordance with industry-standard commercial data storage processes and procedures, applicable Canadian laws and this Privacy Policy. As BOMA uses service providers that are located outside of Canada, Your Personal Information may be transmitted to and stored in locations outside of Canada and may be subject to laws of that jurisdiction. BOMA will not sell, rent, share or trade any of Your Data or any Personal Information that You may upload to any third parties for any purpose, including for direct or indirect sales or marketing purposes, except as described in this Privacy Policy. Unless otherwise agreed to by you, BOMA will use Your Data and any Personal Information that you upload to make the BOMA BEST Hub available to you and to make improvements to the BOMA BEST Hub from time to time.
c. BOMA may share Your Data and any Personal Information that You uploaded in response to valid judicial or other government subpoenas, warrants or court orders or other legal process in accordance with applicable laws or if BOMA believes in good faith that such disclosure is necessary to prevent or take action regarding illegal or suspected illegal activity or to protect the rights or safety of BOMA or any of BOMA’s users, Partners or other third parties. BOMA will use all reasonable efforts to provide you with written notice of any disclosure of Your Data and any Personal Information that You uploaded under this paragraph.
2. How BOMA Uses Anonymous and De-identified Information
a. You further acknowledge and agree that BOMA will: (i) use Your Data, solely on an anonymous and de-identified basis and aggregated with other users’ information, for the compilation and analysis of trends, statistics and other information without any link or identifiable reference to You or Your Data and will generate Aggregated Data; and (ii) share its analyses with its business partners and third-party advertisers and customers. For the avoidance of any doubt, any Personal Information that You may upload will never be distributed to or shared with anyone by BOMA.
b. If you would like to withdraw Your Consent to BOMA extracting information from Your Data and generating Aggregated Data, please contact us at the address below in “Contacting BOMA regarding access to Your Data or our Privacy Policy and Practices”. You acknowledge, however, that if You withdraw Your Consent to BOMA extracting information from Your Data, it may impact BOMA’s ability to perform its assessment on Your building using the BOMA BEST methodology and that BOMA, at its discretion, may cease performing its assessments. BOMA will process your withdrawal letter within a commercially reasonable period of time following BOMA’s receipt thereof; thereafter, going forward, any and all of Your Data that is submitted or input into the BOMA BEST Hub will not be subject to the process set out in Section 2(a) of this Privacy Policy.
3. How BOMA Protects Your Information
a. BOMA takes commercially reasonable steps to protect Your Data and any Personal Information that You may upload from unauthorized access, use, disclosure or loss. The BOMA BEST Hub has reasonable security measures (such as including online and off-line physical, electronic and managerial safeguards) in place to protect against the loss, misuse and alteration of Your Data and any Personal Information under BOMA’s control.
b. As with any transmission over the Internet, there is always some element of risk in submitting data online and BOMA will not be liable for any breach of data security caused by circumstances outside its control, including unauthorized network intrusions.
4. Cookies
a. BOMA uses various technologies to collect and store information when You use the BOMA BEST Hub, which may include the use of cookies or similar technologies to identify Your browser or device. BOMA uses session cookies to store information about Your activity on the BOMA BEST Hub to enhance Your experience and the usability of the BOMA BEST Hub. BOMA does not use tracking cookies.
5. Contacting BOMA Regarding our Privacy Policy and Practices
a. BOMA is firmly committed to protecting your privacy and has designated a Privacy Officer to ensure compliance with this Privacy Policy. BOMA is accountable and responsible for all Your Data, including any Personal Information in its possession or control. If you have any questions about the security on the Platform or BOMA’s website, please contact BOMA’s Privacy Officer as set forth below.
b. BOMA’s Privacy Officer will investigate all complaints concerning BOMA’s compliance with its Privacy Policy and will take appropriate measures to resolve any complaint. The user involved will be informed of the outcome of the investigation regarding his or her complaint. On any user’s request, BOMA will provide further information about its complaint process. The Privacy Officer reserves the right to seek external advice, as and when appropriate, before responding to any user complaint.
c. You may submit a request to correct, access, or update your Personal Information, as well as concerns regarding BOMA’s Privacy Policy or related privacy practices to BOMA’s Privacy Officer at the address below. BOMA strives to expeditiously respond to all reasonable concerns and inquiries.
Mailing address:
BOMA Canada
1002-141 Adelaide Street West,
Toronto, Ontario, M5H 3L5
Attn: Privacy Officer
