CENTURY 21 and its Franchisees
As a franchisor, CENTURY 21 does not provide real estate broker services. Real estate broker services are provided exclusively by CENTURY 21 franchisees (“Franchisees”). Each Franchisee is an independently owned and operated real estate broker business. Customers applying for services through the Website apply through a Franchisee, not through CENTURY 21. While CENTURY 21 has undertaken extensive measures to control and ensure the privacy and security of personal information obtained through the Website, it does not own or control the operations of its Franchisees. Customers and prospective customers who have concerns about the treatment of their personal information by a Franchisee with which they are dealing are urged to contact that Franchisee directly.
Collection | CENTURY 21 Poirier Real Estate
We receive two types of personal information from Customers who visit the CENTURY 21 Poirier Real Estate Website: (1) personal information that Customers provide through registration or other communication on the Website; and (2) personal information CENTURY 21 Poirier Real Estate gathers through aggregated tracking procedures, CENTURY 21 Poirier Real Estate will not disclose your personal information to third parties except as permitted by applicable law.
Log files such as those described in this paragraph, are not tied to personally identifiable information and we will not use this data to identify personal information through other third parties. Any aggregate statistical information not tied to a person would not be considered personal information.
When using the contact forms on our site, or registering on our site, we collect your name and contact information for the purpose of contacting you regarding your inquiry. None of this data is ever sold or shared outside of our trusted partners and/or without your express consent.
- Use of IP Addresses: An IP address is a number that is automatically assigned to your computer whenever You are surfing the Internet. Web servers automatically identify your computer by its IP address.CENTURY 21 and/or its affiliates collect IP addresses for the purposes of system administration, to report aggregated information to our advertisers, and to audit the use of the Website. We normally will not link IP addresses to anything personally identifiable, which means that Customers’ sessions will be logged, but Customer identity remains anonymous to us. We can and will use IP addresses to identify a Customer when we feel it is necessary to enforce compliance with our rules or terms of service or to protect our service, the Website, or any person, or where it is otherwise permitted by law.
- Other: CENTURY 21 Poirier Real Estate automatically collects anonymous statistical information regarding usage of the Website. For instance, the Website will recognize the type of browser you are using (Netscape, Internet Explorer, Safari, etc.), the address of the Internet Service Provider You are using, the site that linked You to the Website, the pages You visit at the Website and similar information. None of this information identifies You personally.
With Whom Does CENTURY 21 Poirier Real Estate Share Your Personal Information?
As a general rule, CENTURY 21 Poirier Real Estate will not disclose any of your personal information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under other specified circumstances, including those described below:
(a) Business Partners & Sponsors: CENTURY 21 may disclose some or all your personal information to business partners or sponsors, but this use will be specifically described to You prior to either the collection or transfer of the personal information. Many promotions offer opportunities to request additional information from sponsors. By requesting more information, You give CENTURY 21 permission to transfer your personal information to the sponsor so they can fulfill your request. In many instances, only your e-mail address will be shared with the sponsor. If we intend on sharing more personal information with the sponsor than your e-mail, You will be notified prior to the transfer.
(b) Third Party Data and Data in the Aggregate: From time to time, on the Website You may be offered the opportunity to receive material or special offers from third parties. If You opt to receive information from these third parties, CENTURY 21 will (with your permission) share your name and e-mail address with such third parties. Under confidentiality agreements, CENTURY 21 may match Customer information with third party data. Also, CENTURY 21 may disclose aggregated Customer statistics (i.e., where we disclose a characteristic of our Customers as a group and not as individuals) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.
(c) Service Providers: Information CENTURY 21 receives through the Website is provided to services providers retained by CENTURY 21 including Filogix Inc. and WheretoLive.com, Inc., and those retained by CENTURY 21 Poirier Real Estate including Octopus Creative Inc., in order to organize and distribute appropriate personal information to enable CENTURY 21 and CENTURY 21 Poirier Real Estate to communicate with its Customers and to provide information about marketing initiatives that may be of interest to its Customers.
How Can You Control the Use of Your Personal Information?
700-1199 West Pender Street
Canada V6E 2R1Phone: (604)606-2100
Fax: (604) 606-2125
Email: [email protected]
Users who wish to opt-out of receiving interest-based ads can visit http://www.aboutads.info/choices and also have the following options:
- Google: By visiting their Google Ads Settings/Preferences page or by changing their browser cookie settings. Users can also opt-out of Google Analytics by installing Google’s opt-out browser add-on
- Facebook: By visiting this Facebook Help Page outlining ways to manage ad preferences
- Web browser: By visiting their applicable web browser’s help pages to find out how to turn off cookies.
The Site does not currently take actions based on Do Not Track signals as a simple, uniform technology has not yet been developed. To learn more about Do Not Track visit https://allaboutdnt.com/
To learn more about opting-out of receiving interest-based ads, Users can visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/ or by visiting the Digital Advertising Alliance Consumer Choice Page at www.aboutads.info/choices.
What Happens When You Link to a Third Party Website?
You should be aware that when You are on the Website You could be directed to other third party websites that are beyond our control. There may, from time to time, be links to other third party websites from the Website that take You outside our service areas. For example, if You “click” on a banner advertisement on the Website, the “click” typically takes You off the Website. These other sites may include websites of advertisers, sponsors and partners that may use CENTURY 21’s and/or its affiliates’ and/or its Franchisees’ logos as part of a co-branding agreement. These other websites may send their own cookies to Customers, or otherwise, collect data or solicit information.
Please keep in mind that whenever You give out personal information online (for example, via message boards or chat lines), that personal information can be collected and used by people You do not know. While CENTURY 21, its affiliates and its Franchisees strive to protect their Customers’ personal information and privacy, we cannot guarantee the security of any personal information You disclose online and so You disclose such information at your own risk.
Is Your Personal Information Secure From Others Using the CENTURY 21 Poirier Real Estate’s Website?
The importance of securing your personal information is of the utmost concern to us. We exercise great care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, CENTURY 21 and its affiliates cannot promise or warrant the security of any personal information You transmit to us, including through the use of our online products or services. Any such transmission is done so at your own risk. Once we receive your transmission, CENTURY 21 uses industry standard efforts to safeguard the confidentiality of your personal information, such as firewalls and Secure Socket Layers. However, ironclad security does not yet exist on the Internet.
The information published on The Site, including any pricing, addresses, phone numbers, event dates, or services may contain inaccuracies. CENTURY 21 Poirier and its affiliates cannot guarantee the absolute accuracy of information published on The Site. As such, we disclaim all liability for any inaccuracies presented and any legal proceeding or claims arising from those inaccuracies.
We may terminate or suspend access to The Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Use and Restrictions
You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity. The prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
The Website and the Content are made available to You for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. The Website and the Content should not be relied upon as the sole basis for making a real estate purchase or selling decision.
CENTURY 21, its franchisees, brokers and sales people are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with You. You further agree that CENTURY 21, its franchisees, brokers and sales people shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.
Intellectual Property Rights
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of CENTURY 21, its franchisees, brokers, sales people and/or licensors. The Website and all of the Content are protected by intellectual property rights owned by CENTURY 21, its franchisees, brokers, sales people and/or licensors. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of CENTURY 21, its franchisees, brokers or sales people (the “CENTURY 21 IP”) or third parties (the “Third Party IP”). CENTURY 21, its franchisees, brokers or sales people are, and at all times remain, the sole owner of the CENTURY 21 IP.
The display of the Content, the CENTURY 21 IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the CENTURY 21 IP or the Third Party IP. You acknowledge and agree that You do not acquire:
- any ownership rights in any of the Content, the CENTURY 21 IP or the Third Party IP;
- any right to use any of the Content, the CENTURY 21 IP or the Third Party IP for commercial purposes including sale, resale, licence or sublicense; or
- any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the CENTURY 21 IP or the Third Party IP.
Use of any of the Content, the CENTURY 21 IP or the Third Party IP, without the prior written consent of CENTURY 21, or the applicable franchisee, broker, sales person, licensor or third party, is strictly prohibited.
Third Party Websites and Content Linked to the Website
The Website may contain links to third party websites or content posted on third party websites (the “Links”). CENTURY 21 provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links CENTURY 21 Poirier Real Estate:
- does not endorse any third party website or content accessible via the Links;
- does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
- does not make any representation or warranty of any kind regarding the Links;
- is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
- is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that You are solely responsible for:
- taking all protective measures to guard against viruses and other destructive elements;
- abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
- evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites
CENTURY 21 is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Certain Content on the Website may require registration or subscription. Should You choose to register or subscribe for any such Content, You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and
- all activities that occur under your account or password.
You further agree to:
- notify CENTURY 21 Poirier Real Estate immediately of any unauthorized use of your password or account; and
- ensure that You log out of your account and close your browser window upon completing your use of the Website.
Content Supplied by Users
The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by You or other users.
You agree not to post and/or store any Content on the Website that:
- defames, libels, abuses, harasses, threatens or otherwise violates the legal rights of third parties;
- is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;
- solicits passwords or personal identifying information from any user;
- contains a virus or other harmful component or creates a virus or other harmful component;
- impersonates another individual or entity or implies an affiliation with, or endorsement by, CENTURY 21, its franchisees, brokers or sales people;
- contains advertising or which engages in commercial activities and/or sales; or
- disseminates promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
You agree not to assert any ownership right of any kind in your communications and Content (including, without limitation, copyright, trade-mark, patent, unfair competition, moral rights, or implied contract). You hereby waive the right to receive any financial or other consideration in connection with your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content.
You acknowledge that You, not CENTURY 21, have full responsibility for your communications and Content including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership. You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of Content by You on the Website.
CENTURY 21 may investigate, review or monitor Content that is posted and/or stored on the Website. However, CENTURY 21 is under no obligation to do so and will not assume liability or responsibility for any Content posted and/or stored by users on the Website. CENTURY 21 has the right to refuse, move or remove any Content that is posted and/or stored by users on the Website without notice, without cause and for any reason. CENTURY 21 may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CENTURY 21’s discretion, CENTURY 21 will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
You expressly understand and agree that:
- The Content and the Links are provided for informational purposes only and should not be relied upon as professional advice or as a guarantee or warranty in respect of a real estate purchase or sale.
- The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis.
- Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
- CENTURY 21, its franchisees, brokers and sales people do not make any, and to the maximum extent permitted by law expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operations of law or otherwise, with respect to the website, the content and/or links including, without limitation:
- Warranties or conditions of title and non-infringement;
- Implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
- Warranties or conditions that the content will be useful or meet your requirements or expectations, that the content will be available, uninterrupted, timely, secure, error-free, or free of defects, computer viruses or other harmful components or that the results that may be obtained through the use of the website will be complete, accurate or reliable;
- Warranties and conditions as to privacy or security; and
- Warranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links
Limitation of Liability
You expressly understand and agree that in no event will CENTURY 21, any of its Franchisees, brokers, sales people, affiliates, subsidiaries, or licensors and each of their respective directors, officers, employees and agents have any responsibility or liability in connection with the website for any loss or damages whatsoever, whether based on contract, negilgence, or other legal basis, including without limitation, direct, indirect, special, punitive, exemplary or consequential damages or other damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use or access to the website, any content or any links or failure of the website or any links (including, without limitation, any damages suffered as a result of omissions or inaccuracies in the website, any content or any links or the transmission of confidential or sensitive information to or from the website or any links). These limitations apply even if the party liable or allegedly liable had been advised of the possibility of such damage or loss or if such loss or damage was foreseeable.
You represent and warrant that:
- You are an individual and over the age of majority in the jurisdiction in which You are resident.
- You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
- The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trade-mark rights, copyrights, contract rights or any other rights of any third party.
You agree to defend, indemnify and hold harmless each of CENTURY 21, its franchisees, brokers, sales people, affiliates, subsidiaries and licensors and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
- your communications or dealings with any third parties mentioned on the Website.
Changes to the Website
CENTURY 21 Poirier Real Estate may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. CENTURY 21 reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to conflict of law principles. CENTURY 21 Poirier Real Estate and You each agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and to waive any objections based upon venue.
You acknowledge and agree that CENTURY 21 may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
- your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
- any of your registrations or subscriptions with the Website.
Upon suspension or termination, CENTURY 21 may remove and discard any Content related to You or your use of the Website and You must discard any link You maintain from your website to the Website. You agree that CENTURY 21 will not be liable to You or any other individual or entity as a result of any such suspension or termination.
Contacting CENTURY 21
CENTURY 21 Canada Limited Partnership (“CENTURY 21”) recognizes the importance of protecting the personal information of our Customers, our prospective customers, brokers and sales people with our franchisees and anyone else from whom we may collect personal information from time to time whether in the course of real estate transactions or otherwise.
CENTURY 21 and its Franchises
What We Mean By Personal Information?
Personal information is any information in whatever form about an identifiable individual.
However, it does not include:
- your name or information which would enable us to contact You at your place of employment including your name, position name or title, business telephone number, business address, business email and business fax number;
- personal information about You that is publicly available information such as information available from a public registry or contained in a telephone book;
- aggregated information that cannot be associated with You as a specific individual; and
- information which is not about a person but which is about a company, association or another organization.
What Personal Information Does CENTURY 21 Collect?
CENTURY 21 collects the following personal information:
- personal information which You voluntarily provide to us when You visit a CENTURY 21 office (a Franchisee’s office) or that is otherwise provided directly to CENTURY 21, such as by telephone, email, mail or fax;
- photographic images of your property, descriptions of the property and its sale price for marketing purposes, but only where we have obtained your prior consent; and
Except where permitted by law, CENTURY 21 collects, uses and discloses your personal information with your knowledge and consent and we will do so fairly and openly.
How We Use Your Personal Information
CENTURY 21 uses personal information for the following purposes:
- to put You in touch with a broker or sales person with one of our Franchisees who may contact You to assist You with listing property for sale or purchasing property;
- to assist the broker or sales person in finding appropriate property for You;
- unless You choose to opt-out, CENTURY 21 may use information about your home in marketing material (we will not use your name), and may use your contact information to promote and market additional services, products and special offers from CENTURY 21; and
Why We Disclose Your Personal Information
- CENTURY 21 discloses personal information when it makes the personal information a person has provided online available to its Franchisees and their brokers and sales people.
CENTURY 21 reserves the right to collect, use and disclose other personal information without your knowledge or consent if we are required to do so or if we are allowed to by law.
Except where required or permitted to do so without your consent, CENTURY 21 only collects your personal information with your consent. In most cases, CENTURY 21 relies on express consent. However, where the purpose of the collection of personal information is obvious on its face, CENTURY 21 may rely on your implied or deemed consent.
In some cases, such as using your personal information for marketing services to You, CENTURY 21 will rely on opt-out consent. (You will receive the information unless You advise us You do not wish to receive it.)
CENTURY 21 only collects personal information where it is reasonably necessary to provide the service which You are seeking and which we have agreed to provide. We do not use deceptive or misleading practices to obtain your consent.
CENTURY 21 does not require You to consent to the collection, use or disclosure of personal information as a condition of the supply of a service by us unless such collection, use or disclosure is required to fulfill the aforementioned purposes of collection.
CENTURY 21 reserves the right to collect, use or disclose personal information in certain limited circumstances, without your knowledge and consent, where required or permitted by law.
You may withdraw your consent to the collection, use and disclosure of personal information in connection with the services that You have requested from us at any time, subject to legal or contractual restrictions and reasonable notice. CENTURY 21 will inform You of the implications of withdrawing your consent. If You wish to withdraw your consent at any time, please contact CENTURY 21’s Privacy Officer (see below for contact information).
Access To Your Personal Information
You have the right to access your personal information in the possession or control of CENTURY 21 and to know how that personal information has been and is being used, and to whom it has been disclosed. CENTURY 21 reserves the right to refuse to comply with all or part of a request where we are required to or are permitted to refuse to do so by the provisions of applicable personal information protection legislation.
Applications must be in writing and be sent to our Privacy Officer either by mail or email at the addresses set out below. Applications should have sufficient detail that allows us to identify You and the personal information You are requesting.
You may ask to have errors or omissions in your personal information in our possession or control corrected. If we are satisfied that the correction is reasonably necessary, we will correct the personal information and notify anyone to whom we have provided the personal information in the previous 12 months of the correction. If we are not satisfied that the correction should be made, we will annotate the personal information under our control of the correction requested but not made.
Requests for access and correction will usually be responded to within 30 calendar days of receiving the request unless we apply to the applicable Privacy Commissioner for an extension. We charge $25 plus $.25 per page for providing You with copies of your personal information. In the event that it will take an unusually long time to collect your personal information, we may charge an additional amount. In each case, we will give You a full quote before photocopying the personal information. There is no charge for correcting personal information.
We will assist You with your request and will respond as accurately and completely as reasonably possible. Where we refuse all or part of your request, we will give You the reasons for the refusal and the applicable legislation on which we base our refusal; the name and contact information of someone within CENTURY 21 who can explain the basis for the refusal and of your right to apply to a Privacy Commissioner for review.
How We Protect Personal Information
CENTURY 21 makes reasonable efforts to ensure that Your personal information is protected against loss and unauthorized access, collection, use, disclosure, copying, modifying, disposal or similar risks. This protection applies in relation to personal information stored in both electronic and hard copy form and will vary depending on the sensitivity of the information.
Access to non-public personal information is restricted to selected employees or representatives on a need-to-know basis. In addition, CENTURY 21 employs generally accepted information security techniques, such as firewalls and access control procedures in order to protect personal information against unauthorized access, collection, use, disclosure, copying, modifying, disposal or similar risk.
Retention of Personal Information
CENTURY 21 retains personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Personal information which is collected and used to make a decision about You is retained for at least one year. Your consent to such purpose(s) remains valid after termination of CENTURY 21’s relationship with You.
You may contact our Privacy Officer as follows:
CENTURY 21 Canada Limited Partnership
Attention: Privacy Officer
700-1199 West Pender Street
Canada V6E 2R1
Fax: (604) 606-2125
Email: [email protected]
If You are unhappy about the collection, use or disclosure of your personal information by CENTURY 21, we ask that You discuss the matter further with our Privacy Officer.
If You are not satisfied with the response, You may make an application or complaint to the appropriate Privacy Commissioner.