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Privacy policy.

Privacy Policy

Last Updated: May 25, 2021

Introduction

Your privacy is important to Jayen Properties Ltd. and its corporate subsidiaries and affiliates (collectively, “Jayen Properties” and each, a “Jayen Company”). This Privacy Policy explains how Jayen Properties collects, uses, discloses and retains personal information, including information collected through websites and correspondence and when providing services.

Table of Contents

  1. Your Consent
  2. Personal Information
  3. How Jayen Properties Collects Your Personal Information
  4. How Jayen Properties Uses Personal Information
  5. How Jayen Properties Discloses Personal Information
  6. Your Right to Withdraw
  7. Location of Personal Information
  8. Retention of Personal Information
  9. Protection of Personal Information
  10. Accuracy and Access to Personal Information
  11. Non-Personal Information
  12. Other Websites and Businesses
  13. Social Media
  14. Children and Personal Information
  15. Other Matters
  16. Contacting Us

By providing a Jayen Company with your personal information, you consent to the collection, use, disclosure and retention of that information by the Jayen Company and other members of Jayen Properties in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to the relevant Jayen Company, but then you might not be able to proceed with your intended interactions or transactions with Jayen Properties or otherwise receive the full benefit of their services.

Please refer to Section 6 of this Privacy Policy to learn about your options for withdrawing your consent.

2. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual that allows someone to identify or contact you (e.g. your mailing address, telephone number or email address) or other information defined by applicable law as “personal information”, “personally identifiable information” or “personal data”, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.

3. How Jayen Properties Collects Your Personal Information

Information You Provide

You may be asked to voluntarily give your personal information to a Jayen Company when you interact with the Jayen Company, including when you subscribe to a newsletter, request information or use a service provided by the Jayen Company. In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with the Jayen Company or otherwise receive the full benefit of the desired service.

For example, Jayen Properties may collect:

  • contact information (such as name, email address, postal address and phone number) when you make an inquiry or contact us, including when you visit a Jayen Company presentation centre;
  • contact information, banking information, employment information, government-issued identification information and other personal information reasonably required by us to satisfy our reporting and legal compliance obligations when you use our services, including when you enter into a purchase and sale agreement or rental agreement for a property developed or managed by us;
  • contact information, banking information, employment information, government-issued identification information and other personal information reasonably required by us to satisfy our reporting and legal compliance obligations when you invest in a Jayen Company property or provide a personal guarantee for an investment in a Jayen Company property;
  • contact information, employment information and government-issued identification information when you apply for an employment opportunity with us;
  • contact information and government-issued identification information when you participate in a Jayen Company promotion, sweepstakes, contest or survey;
  • contact information, communications preferences and correspondence you send to us.

In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to purchase products or services or access or use certain features of Jayen Properties’ websites, or otherwise receive the full benefit of our products and services.

If you give a Jayen Company the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to the Jayen Company and to the Jayen Company’s use, disclosure and retention of the personal information.

Automated Collection

Jayen Properties may use technologies to automatically collect certain information regarding your use of Jayen Properties’ websites, products or services, such as the dates and times that you access a Jayen Properties website or a service, the browsers, operating systems, software, devices and networks that you use to access the website or service and details of your use of the website or service.

Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Jayen Properties will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

Property Development and Management

In some circumstances, Jayen Properties may collect personal information from third parties in connection with the development or management of a Jayen property. For example, Jayen Properties may collect personal information from brokers or referrals in connection with a property purchase or sale, or Jayen Properties may collect personal information from a property manager in connection with a property rental. Jayen Properties will only collect your personal information from a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.

Information from Other Sources

Jayen Properties may collect personal information from various publicly available sources, such as if you interact with a Jayen Properties social media account or if you submit rezoning or other public submissions that may be relevant to a Jayen Company property.

4. How Jayen Properties Uses Personal Information

General

Jayen Properties may use your personal information for various purposes in connection with our relationship with you and as otherwise set out in this Privacy Policy or permitted by applicable law, including:  to contact and correspond with you regarding your transactions and your use of Jayen Properties’ products and services and to provide you with customer care services;  to facilitate your interactions and transactions with Jayen Properties;  to provide services to you;  to process and respond to your inquiries, requests and other communications;  to provide you with information (including by email and other electronic messages) regarding Jayen Properties and its business and services and services offered by other businesses, to the extent permitted by applicable law;  to administer and facilitate your participation in contests and promotions related to Jayen Properties;  to maintain, protect and improve Jayen Properties’ services and to develop new services;  to develop, deliver and improve Jayen Properties’ products, services and advertising; and  to protect and enforce Jayen Properties’ legal rights, interests and remedies and to protect the business, operations and customers of Jayen Properties or other persons.

Jayen Properties may combine your personal information collected by Jayen Properties through various sources.

Jayen Properties may use your personal information to create non-personal information, and Jayen Properties may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.

Jayen Properties

Each Jayen Company may share your personal information with the entire Jayen Properties group, and Jayen Properties may develop, maintain and share a confidential profile for you for use by each Jayen Company to provide information and services to you, to facilitate your dealings with each Jayen Company and as otherwise set out in this Privacy Policy.

Cookies and Other Technologies

Jayen Properties’ websites, online services, email messages, and advertisements may use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Jayen Properties to improve products and services, advertising and customer communications.

For example, Jayen Properties may use information collected through cookies and similar technologies to recognize a user of Jayen Properties’ websites and supplement our confidential profile for that user, determine a user’s general location to tailor the website content to that user’s location, track use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve the website experience. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Jayen Properties’ websites. Information about how Google uses cookies and how you can limit or disable certain kinds of cookies on your personal computer or mobile device is available here:

https://www.google.com/policies/privacy/partners/ and https://www.google.com/policies/technologies/ads/.

Jayen Properties may use web beacons, pixels or gif tags and action tags to confirm that email messages have been delivered and opened. You may opt out of receiving emails in accordance with this Privacy Policy.

Information provided by cookies may be collected and processed by Jayen Properties or by its third party service providers.

5. How Jayen Properties Discloses Personal Information

General

Jayen Properties discloses your personal information for purposes relating to or arising from your relationship and transactions with Jayen Properties and as otherwise set out in this Privacy Policy or permitted by applicable law.

Specific Consents

Jayen Properties may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with Jayen Properties.

Property Development

If a Jayen Company collects your personal information in connection with a specific property development or if you otherwise consent to the use of your personal information in connection with a specific property development, then the Jayen Company may share your personal information with third parties related to that property development (such as sales partners, brokers, investors, governmental authorities (including without limitation the Land Titles and Survey Authority, municipalities or the provincial government) or lenders), and in those circumstances the Jayen Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by those third parties, and the use, disclosure and retention of the disclosed information by those third parties is not subject to this Privacy Policy.

Referred Transactions

If a Jayen Company refers you to an independent business (e.g. a sales partner, broker or investor) for a proposed transaction (e.g. a purchase of a property), then the Jayen Company may disclose your personal information to the independent business to facilitate the proposed transaction, and in those circumstances the Jayen Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the independent business, and the use, disclosure and retention of the disclosed information by the independent business is not subject to this Privacy Policy.

Suppliers and Service Providers

Each Jayen Company may disclose your personal information to its suppliers and service providers (including property managers) to assist the Jayen Company in the provision of information and services to you, to provide services to the Jayen Company, to assist the Jayen Company to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.

Business Partners and Other Third Parties

In some circumstances, we may share personal information with our business partners, such as strategic business partners who provide products and services that enhance your experience with us or that may be of interest to you, and other third parties. Jayen Properties will only disclose your personal information to a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.

Each Jayen Company may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Each Jayen Company may disclose your personal information to law enforcement agencies or other independent organizations if the Jayen Company reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if the Jayen Company reasonably believes the disclosure is necessary or appropriate to protect and enforce the Jayen Company’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of the Jayen Company or other persons (including to detect and prevent fraud and other illegal activities, to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of the Jayen Company’s services). A Jayen Company has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom the Jayen Company discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.

Business Transactions

Jayen Properties may disclose your personal information in connection with a proposed or actual business transaction in which Jayen Properties is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Jayen Properties’ business or assets), but Jayen Properties will require the information recipient to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

When you interact with Jayen Properties, you consent to the collection, use, disclosure and retention of personal information as set out in this Privacy Policy. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in some circumstances, Jayen Properties may have to limit the products and services provided to you.

Withdrawing your consent for integral purposes. You may withdraw your consent for purposes that are integral to the provision of Jayen Properties’ products and services, but then you might not be able to proceed with your intended interactions or transactions with Jayen Properties or otherwise receive the full benefit of Jayen Properties’ products and services.

Withdrawing your consent for additional purposes. You may also withdraw your consent for purposes that are not integral to the provision of Jayen Properties’ products and services. Withdrawing your consent for additional purposes that are not integral to the provision of Jayen Properties’ products and services will not impact the provision of those products and services to you. Those additional purposes include:

  • to communicate with you for the purposes of providing you with advertising and marketing messages pertaining to additional products or services that may be of interest to you;
  • to administer and facilitate your participation in sweepstakes, contests and other promotions related to Jayen Properties; and
  • to conduct surveys on the quality of Jayen Properties’ products and services.

To withdraw your consent, you may contact us at the contact information set out at the end of this Privacy Policy.

7. Location of Personal Information

Jayen Properties and its service providers may process, store and use your personal information at facilities in Canada, the United States, the United Kingdom and other countries. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Jayen Properties, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.

8. Retention of Personal Information

Jayen Properties will retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Jayen Properties’ legal obligations or enforce or protect Jayen Properties’ legal rights, or a longer period required or permitted by applicable law. Jayen Properties will delete or dispose of your personal information, or depersonalize the information, when Jayen Properties is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.

9. Protection of Personal Information

Jayen Properties uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Jayen Properties’ possession or under Jayen Properties’ control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Jayen Properties cannot guarantee that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

10. Accuracy and Access to Personal Information

Jayen Properties will rely on you to ensure that the personal information that you provide to Jayen Properties is as accurate, complete and up to date as necessary for the purposes for which Jayen Properties uses the personal information. You will promptly notify Jayen Properties of any changes to the personal information that you provide to Jayen Properties using the procedures made available for that purpose by Jayen Properties or by contacting Jayen Properties’ Privacy Officer using the contact information noted below.

You may reasonably request access to your personal information collected by Jayen Properties and information about Jayen Properties’ use, disclosure and retention of that personal information by submitting a written request to Jayen Properties’ Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information corrected as appropriate. You may be required to pay a reasonable fee for access to your personal information. Jayen Properties may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Jayen Properties reasonably believes that the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

11. Non-Personal Information

Jayen Properties may use personal information to create and collect non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Jayen Properties may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Jayen Properties will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with your personal information.

12. Other Websites and Businesses

Jayen Properties’ websites and correspondence (including emails and messages) may include advertisements for products and services offered by independent businesses or links to websites operated by independent businesses. Jayen Properties has no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain personal information, please contact the owner or operator of the website, service or business.

13. Social Media

When you use certain aspects of Jayen Properties’ websites or other services, or post information to other social media sites (e.g. there may be links to Jayen Properties’ social media pages), the personal information that you post or share in connection with these third party sites is visible to other persons and can be read, collected, used and disclosed by other persons, including to send unsolicited messages. As will be evident, in such a case, you will be leaving Jayen Properties’ website and going to the third party’s website. Any information provided to such third party social networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for the personal information that you choose to post or share in those situations. Jayen Properties has no control over, or responsibility or liability for, the use, disclosure, and retention of the personal information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Policy.

14. Children and Personal Information

Jayen Properties does not knowingly collect personal information from children under 13 years of age without the consent of a legal guardian. If Jayen Properties learns that a Jayen Company has collected or received personal information from a child where parental confirmation was required, Jayen Properties will delete that information. If you believe Jayen Properties might have any information from or about a child where parental consent was required, please contact Jayen Properties’ Privacy Officer using the contact information set out at the end of this Privacy Policy.

15. Other Matters

Disclaimers, Liability Exclusions/Limitations and Disputes: The agreements (including any website terms of use) that you accept when you apply, register for, order or use Jayen Properties’ products and services contain important provisions, including provisions disclaiming, limiting or excluding the liability of Jayen Properties and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Jayen Properties’ collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they were reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.

Changes to this Privacy Policy: Jayen Properties may change this Privacy Policy as it applies to Jayen Properties from time to time by posting a new version of this Privacy Policy on Jayen Properties’ websites. Jayen Properties’ collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Jayen Properties after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Jayen Properties as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.

English Language: You and Jayen Properties have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.

Notices to You: You consent to Jayen Properties sending you emails (to the email addresses you provide to Jayen Properties) regarding this Privacy Policy and related matters.

16. Contacting Us

If you have any comments or questions about this Privacy Policy or how Jayen Properties deals with your personal information, please contact Jayen Properties’ Privacy Officer by mail or email at: 

Jayen Properties – Privacy Officer

Unit 200 – 15055 54a Avenue

Surrey, British Columbia, V3S 5X7

Email: [email protected]