TERMS OF USE, PRIVACY POLICY & DISCLAIMER

TERMS OF USE

Terms of Use

The following Terms of Use govern the relationship between you and Shawn Venasse – Sales Representative, The Elli Davis Team, Royal LePage Real Estate Services Ltd., Brokerage and Elli Davis – Sales Representative and their affiliates (“Shawn Venasse – Sales Representative et al”; “we”, “us” or “our”) about your use of www.shawnvenasse.com (the “Site”). Your use of the Site and our services indicates your consent to the terms and conditions set out in the Terms of Use. We may update the Terms of Use from time to time and you are responsible for periodically reviewing the most current version of the Terms of Use. Your continued use of the Site shall be deemed your conclusive acceptance of the updated Terms of Use.

If you are dissatisfied with the Site or its Content, or you do not agree with the Terms of Use, your exclusive remedy is to stop all access to, and use of, the Site and Content (as defined below).

Intellectual Property and Confidentiality

You acknowledge that the services provided by the Site and all the software, material, information and other contents contained on or otherwise accessible through the Site (collectively, the “Content”) as well as all trade-marks and logos are the exclusive and proprietary property of Shawn Venasse – Sales Representative et al, our affiliates or our suppliers. You will not have or acquire any rights, license or interest in the Site, any of the Content accessed through the Site or any trade-marks or logos except as specifically set out in the Terms of Use. Any misuse of the trademarks displayed on the Site or Content on the Site is strictly prohibited. Upon learning of any misuse, Shawn Venasse – Sales Representative may exercise its legal right to investigate such an occurrence and work with law enforcement authorities in prosecuting any user involved in the violation.

The Site and the Content are protected by copyright. Shawn Venasse – Sales Representative et al, its affiliates and its suppliers own and retain the copyright in the Site and the Content where indicated.

Your Use of the Site

We grant you a limited non-exclusive, non-transferable license to view, copy and print the Content on the Site (other than the design or layout of the Site) for your non-commercial or personal use only, if you attribute all Content that you download from the Site to Shawn Venasse – Sales Representative et al or the authors indicated, and that you keep intact all copyright, trade-mark or other proprietary notices. The copied and printed Content may not be altered in any manner.

By using the Site, you are representing to us that you have the power and authority to accept the Terms of Use and that you understand and accept the terms, conditions and risks relating to the use of the Site. You are also representing to us that you can assume, and do assume, such risks and you acknowledge and agree that we are not acting as an advisor or a fiduciary for you.

You further acknowledge and agree that: (i) your use of the Site may be restricted or limited because of federal, provincial, state or other applicable laws or regulations, including the regulations and rules of applicable real estate bodies or organizations or other regulatory bodies & organizations; and (ii) you will act in accordance with all such restrictions and limitations.

You will be solely responsible for all costs associated with accessing and using any Content and/or the Site, including without limitation, telecommunications, modems, internet access, third-party software, equipment and any related maintenance, repair or recovery services.

We may, in our sole discretion, restrict, suspend or terminate your access to the Site or any of the Content, without notice to you.

Content and Links on the Site

The Content is for informational purposes only. None of the Content contained on the Site constitutes a recommendation to buy, sell or lease property of any kind. Due to the technical and security risks inherent on the Internet, and because the documents you may access may differ from the original depending on your browser software, the information accessed on the Site should not be used for making any real estate related decisions including buying, selling or leasing of property.

The documents and information available on the Site are not intended to provide you with any financial, accounting, tax, legal, environmental, building, construction, home inspection, renovation, decoration or related advice, nor are they official versions of documents required to be disclosed by Shawn Venasse – Sales Representative et al in compliance with applicable real estate laws. There is no guarantee that the documents and information contained on the Site are the most current source for information on or by Shawn Venasse – Sales Representative et al.

Links to third party websites are provided as a convenience only. The inclusion of any link does not imply endorsement, investigation or verification by us of the linked website or the material contained within the linked website. The policies described in these Terms of Use do not apply to those websites.

We may alter, modify or update the Site, including any of the Content, periodically, in our discretion. Such alterations, modifications or updates may include the addition or deletion of features, functionality, text, data or other content. We may also eliminate or cancel any part of the items of Content or categories of Content contained on the Site, at any time.

Information should be considered current only as of the time of initial publication, without regard to the date on which you access such information. Shawn Venasse – Sales Representative et al assumes no responsibility to resolve any problems or to correct any inaccuracies or defects in the Content or in the Site, nor does Shawn Venasse – Sales Representative et al assume any responsibility to update the Content or the Site.

 

DISCLAIMER

Limitation of Liability and Disclaimer

The content on the site is provided for informational and educational purposes only. All content is provided “as is” without any warranties of any kind and we make no representations and disclaim all express and implied warranties and conditions of any kind arising by statute or otherwise in law with respect to the content and the site, including without limitation, warranties of merchantability or fitness for a particular purpose, non-infringement of intellectual property or warranty as to correctness, completeness, quality, timeliness, accuracy or reliability of the site, or any of the content, and we assume no responsibility to you or any third party for the consequences of any errors or omissions. We do not independently verify any of the information contained on the site.

You acknowledge that all content accessible on the site is being provided to you without liability on the part of us or of our trustees or officers, and no representation, warranty or condition with respect to the content is being made by us or our trustees or officers. You agree that neither us nor our trustees or officers will have any liability to you because of your use of the site, or any of the content. We expressly disclaim any liability whatsoever for any losses or damages, whether direct, indirect, special, incidental, consequential or otherwise, arising from the use of the site, or any of the content, even if caused by our negligence or the negligence of our trustees or officers, even if any of us have been appraised of the likelihood of such damages occurring, and whether such a claim is based on contract, tort or any other legal or equitable theory. In addition, Shawn Venasse – Sales Representative et al disclaims all liability for any losses or damages, whether direct, indirect, special, incidental, consequential or otherwise, arising from your violation of this agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The agreement will inure to our benefit and our successors, assigns and licensees

Security Measures

We have security measures in place to protect the loss, misuse and alteration of the information posted on the Site. However, complete confidentiality or security is not possible over the Internet. Any information transmitted via the Internet may be intercepted by third parties. We assume no liability for interception, alteration or misuse of information transmitted over the Internet. We assume no liability for any viruses that affect your computer and we recommend that you take reasonable and appropriate precautions to protect your computer.

Other Countries

This website can be accessed from countries other than Canada. We make no representations that the Content of the Site is appropriate or available for use in other locations and accessing the Site from territories where its content is illegal is prohibited. If you access the Site from outside Canada, you do so on your own initiative and at your own risk and you are responsible for compliance with local laws.

Privacy

Any communication, comments, ideas, personal information (such as an e-mail address for subscriptions) or material you post or transmit to us will be treated in accordance with our Privacy Policy.

Governing Law

The Terms of Use are governed by the laws of the province of Ontario and the laws of Canada applicable therein. Each party submits to the non-exclusive jurisdiction and venue of the courts of Ontario, located in Toronto, to enforce any provision of the Terms of Use and for any action or suit arising out of the Terms of Use.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.

 

PRIVACY POLICY

Privacy Policy

Royal LePage Real Estate Services Privacy Policy

At Royal LePage Real Estate Services (“Royal LePage”), we respect the privacy of our clients and we are committed to keeping your personal information accurate, confidential, secure, and private. We have adopted the following Privacy Policy to ensure that Royal LePage continues to meet its commitment to your privacy.

The following sections, read as a whole, constitute the Royal LePage Privacy Policy:

Introduction

Royal LePage provides a variety of products and services to the public, including, but not limited to, real estate brokerage services, real estate agency services, advising with respect to real estate purchase and sale, home leasing, property management, real estate brokerage franchising services, and other real estate advisory services.

In the course of providing these products and services, Royal LePage may collect certain personal information about its clients with their consent.

“Personal Information” means information about an identifiable individual. This may include, without limitation, the individual’s name, home address, age, income, credit history, or other financial information, credit card information, personal preferences, and other information about his or her family. Personal Information does not include the name, title, business address, or telephone number of an employee of an organization.

The Royal LePage Privacy Policy is based on, and complies with, Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), which includes the Ten Privacy Principles outlined in the Canadian Standards Association Model Code for the Protection of Personal Privacy. For more information about this legislation, please visit the official Web site of the Privacy Commission of Canada at https://www.priv.gc.ca/.

This Privacy Policy describes the ten principles that Royal LePage follows to ensure that we protect your Personal Information when we collect, use, or disclose it in the course of carrying on commercial activities in Canada. All of our employees who have access to Personal Information must adhere to the Royal LePage Privacy Policy and related procedures. To this end, Royal LePage has appointed a privacy officer to ensure compliance by all Royal LePage employees and to address your privacy concerns.

The ten principles of privacy

The following ten principles govern our actions as they relate to the use of Personal Information:

  1. Accountability
  2. Identifying purposes
  3. Consent
  4. Limiting collection
  5. Limiting use, disclosure, and retention
  6. Accuracy
  7. Safeguarding personal information
  8. Openness
  9. Access
  10. Addressing complaints

Principle 1: Accountability
Royal LePage is accountable for all Personal Information in its possession or custody, including Personal Information disclosed to third parties for purposes of providing services requested by you.

Principle 2: Identifying purposes
Royal LePage will inform you of the purposes for which it is collecting any Personal Information, before or at the time the information is collected.

Principle 3: Consent
Royal LePage will obtain your consent before or when it collects, uses, or discloses your Personal Information.

Consent can be express, implied, or given through an authorized representative. You may withdraw your consent at any time (subject to any legal consequences of which you will be informed). Royal LePage, however, may collect, use, or disclose Personal Information without your knowledge or consent in exceptional circumstances where such collection, use, or disclosure is permitted or required by law.

Principle 4: Limiting collection
The information collected by Royal LePage will be limited to those details necessary for the purposes it has identified to you or to perform the services you have requested. Information will be collected by fair and lawful means.

Principle 5: Limiting use, disclosure, and retention
Personal Information will only be used or disclosed for the purpose for which it was collected unless you have otherwise consented. Personal Information may only be retained for the amount of time needed to fulfill the purpose for which it was collected.

In certain exceptional circumstances, Royal LePage may have a legal duty or right to disclose Personal Information without your knowledge or consent with respect to matters that concern the company’s or the public’s interest.

Principle 6: Accuracy
Royal LePage will keep Personal Information as accurate, complete, and current as necessary to fulfill the identified purposes for which it was collected. You may have this information amended where it is found to be inaccurate or incomplete.

Principle 7: Safeguarding personal information
Personal Information is safeguarded using measures appropriate to the sensitivity of the information.

Principle 8: Openness
Royal LePage will make information available to its clients, employees, and Royal LePage brokers about the policies and procedures Royal LePage uses to manage Personal Information. You have access to this information through our website, or through alternative means if requested.

Principle 9: Access
Upon written request, you will be informed of the existence, use, and disclosure of your Personal Information, and will be given access to it. Royal LePage will respond to such requests as efficiently as possible. If Royal LePage is prohibited from providing such access they will explain the reasons for the lack of access, except where prohibited by law.

Principle 10: Addressing complaints and suggestions
You may challenge Royal LePage compliance with this Privacy Policy. Royal LePage has policies and procedures to receive, investigate, and respond to complaints and questions regarding this Privacy Policy and our collection, use, and disclosure of Personal Information. You may contact the Royal LePage Privacy Officer to express any concerns or to request access to your Personal Information. The contact information for this individual is provided at the end of this document.

Application of the ten privacy principles – how we treat your personal information

The kind of information we collect

Royal LePage gathers and uses Personal Information in order to provide you with the products and services you have requested, namely: information that is required to effectively market and sell the property of sellers or lessors; to locate, assess, and qualify properties for buyers; to evaluate independent broker applicants; and to otherwise provide professional and competent real estate services to clients as well as to ensure that you are satisfied with the products and services we have provided. Royal LePage may also use your Personal Information to update you about our services and to offer you additional products or services that you may be interested in, so that we may continue to serve your real estate needs.

We may be required to collect your social insurance number if the federal government obligates us to do so pursuant to the Income Tax Act.

If you visit Royal LePage Web sites, we do not collect Personal Information about you unless you provide it. All information that you do provide us with is securely maintained and kept strictly confidential. This Privacy Policy does not apply to aggregated data from which it is not possible to determine the identity of a specific individual. Royal LePage reserves the right to use aggregated data in any way that it determines appropriate.

When you use the “Ask about this listing” feature on the Royal LePage Web site to request more information about a property from an agent, you agree to provide Royal LePage and the agent receiving the request with your browser history (recently performed searches on royallepage.ca, recently viewed listings) along with any searches or listings saved to your account where an account has been set up by you on the Royal LePage Web site.

How we use your information

At Royal LePage we use Personal Information for three general purposes:

To communicate with you in order to provide you with our products and services.
For inclusion in documentation relating to your particular real estate transaction.
Transactional information to monitor our level of service and report back to you to ensure your satisfaction with the provision of such services.
We will only use Personal Information for the purpose that we have disclosed to you. If we want to use your information for a different purpose, we will notify you and ask for your consent first.

When we are permitted to disclose your information

Royal LePage is obliged to keep your Personal Information confidential except under the following circumstances:

(i) When authorized by you

Many of the services offered by Royal LePage require us to obtain Personal Information about you in order to perform the services you have engaged us to provide. We will always obtain consent from you first, and we will never use the information for purposes other than those we have told you about.

You may withdraw your consent at any time, subject to any legal implications (which we will inform you about). In some cases, if you do not consent to our use or disclosure of certain Personal Information, we may be unable to continue to provide all or part of the services you have requested.

(ii) When required by law

The type of information we are legally required to disclose usually relates to government tax reporting requirements. In some cases, however, such as under a court order, we may be required to disclose certain information to persons specified in the court order. We will only provide the specific information requested and only upon being satisfied that the authorities have legitimate grounds to request the information.

(iii) When permitted by law

The legislation has provided certain situations where Royal LePage is legally permitted to disclose Personal Information without your consent. Examples include situations involving the collection of debt in arrears, medical emergencies, or suspicion of illegal activities.

With whom we may share your information

(i) Royal LePage employees

In the course of daily operations, access to sensitive Personal Information is limited to those employees with a legitimate reason for accessing it. As a condition of their employment, Royal LePage employees are required to follow all applicable laws and regulations, including this Privacy Policy. Unauthorized use or disclosure of confidential client information by any Royal LePage employee is prohibited and may result in disciplinary measures.

(ii) Royal LePage affiliates

In order to better meet your needs, we may share some of your Personal Information with our affiliates. We will only do this with your express consent and you may withdraw this consent at any time. The procedure for withdrawing consent is outlined below under the section “Opting Out.”

(iii) Royal LePage third-party suppliers

As you may know, we may engage and coordinate third-party suppliers to provide you with certain services offered through Royal LePage. Such suppliers are only given the information that is needed to provide the specific service for which we contract them to provide. Suppliers are obliged to protect the confidentiality of your Personal Information and are prohibited from doing anything with this information that we have not authorized them to do. They are required to treat your Personal Information in a manner consistent with the Royal LePage Privacy Policy.

If you access Royal LePage Web sites from third-party websites, including any partner or referral sites, you authorize Royal LePage to collect and use any Personal Information about you that you provide to us while visiting Royal LePage Web sites and to share with the third-party any Personal Information collected.  You also authorize any such third-party to use any Personal Information or any content you may provide while using Royal LePage Web sites for preparing, using and distributing statistical, profiling, performance or operation reports.

(iv) Sale of business

We may transfer your personally identifiable information to a third party in connection with a sale, merger, or other disposition (whether of assets, stock, or otherwise) of our business.

How we safeguard information

Royal LePage has extensive controls in place to maintain the security of its information and information systems. Client and independent broker files are stored according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and data processing procedures. Physical access to areas where Personal Information is gathered, processed, or stored is limited to authorized employees.

When you telephone a Royal LePage employee to speak about your file, you may be asked for some personally identifying information. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your file.

Website security

In order to serve you better, Royal LePage offers clients access to certain information through its websites.

http://www.royallepage.ca provides general information about Royal LePage and the products and services it offers.

The Royal LePage Web site contains links to other Web sites, including those of its business partners. Royal LePage is in no way responsible and cannot guarantee the content or privacy of other sites linked to www.royallepage.ca.

Accessing and amending your information

As a client or Royal LePage broker, you have the right to access the Personal Information we keep in your file and you have the right to verify or amend the information if it is shown to be inaccurate. If you would like to view the Personal Information held in your file, please make a written request to the Privacy Officer at the address listed below, under “Questions, Concerns, and Complaints”. We will respond to your request as efficiently as possible.

To make a change, please make a similar request in writing to the Privacy Officer.

Opting out

In order to provide you with our services and products, Royal LePage will, with your consent, share your personal information with other Royal LePage affiliates. Should you not want to receive promotional materials from or have your Personal Information shared with these companies please contact the Privacy Officer at the address, phone number, or e-mail address provided at the end of this document.

Anonymous information and “cookies”

Royal LePage may collect anonymous information about you. This means that the information collected cannot be traced back to a specific person. For example, our Web servers may record certain information automatically when you visit Royal LePage websites. This information is collected using “cookies” and might include the pages you visited, your IP (Internet protocol) address and other site usage statistics. This anonymous information is used for research and analytical purposes only (like evaluating how many visitors our Web sites receive or which pages they visit most often). It does not reveal any Personal Information about you, the user. This aggregate data may be disclosed to third parties, but never with personally identifying information.

“Cookies” are small text files that contain a unique identification number that allows our computers to identify your Web browser (but not you) each time you visit one of our Web sites that uses cookies. The information helps Royal LePage improve the functionality of the site and enhance the navigation and security of your session. Most major Web sites use this technology and most browsers are set up to accept them.

You may configure your browser to notify you when you receive a cookie, and you may refuse to accept them entirely. However, if you refuse to accept cookies, you may limit the functionality that we can provide to you when you visit our site.

Questions, concerns, and complaints

If you have any questions, concerns, or complaints about your Personal Information, or about the Royal LePage Privacy Policy, contact our privacy officer using the contact information provided below:
Penny Egan
Brookfield Real Estate Services
39 Wynford Drive, Toronto, ON M3C 3K5
T 416.510.5669   F 416.510.5856
pennyegan@brookfieldres.com

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