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“).
What Is Personal Information?
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.
Consent
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.
Accountability
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.
Collection of Personal Information
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:
-
Cookies and similar automatic data collection technologies when you visit
our websites including the BOMA Enspire Portal and the BOMA BEST Hub and
your name, contact information and the details of your inquiry when you
contact us online or offline.
BOMA Enspire Portal
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:
- Your name, job title, and contact information.
- Your organization’s name, address, and type.
- Types of services provided (for trade allies/service providers).
-
Building information (type, size, location, etc.) and any other
information you choose to provide in an enrollment form or while
participating in the program.
BOMA BEST and the BOMA BEST Hub
In connection with your participation in BOMA BEST and your access or use
of the BOMA BEST Hub, we may collect the following information:
- Your name, job title, and contact information.
- Your organization’s name, address, and type.
-
Building information (type, size, location, status, etc.) and any other
information you choose to upload or provide through the BOMA BEST Hub or
while participating in BOMA Best.
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.
Cookies and Similar Automatic Data Collection Technologies
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.
How We Use Cookies
-
Essential Cookies: These temporary cookies expire when
you close your browser and are used to store information about your
activity on our websites to enhance your experience and usability.
-
Session Cookies: These temporary cookies expire when
you close your browser and are used to store information about your
activity on our websites to enhance your experience and usability.
-
Analytical/Performance Cookies: These help us
understand how visitors use our websites, allowing us to improve their
functionality and performance.
-
Functionality Cookies: These remember choices you make
to improve your experience.
-
Targeting Cookies: These record your visit to our
websites, the pages you have visited, and the links you have followed.
We may use this information to make our websites and our marketing
efforts more relevant to your interests.
-
Persistent Cookies: These remain on your device for a
set period.
BOMA does not use cookies on the BOMA BEST Hub.
Third-Party Cookies
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.
Managing Your Cookie Preferences
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.
Online Analytics
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.
How We Use Your Personal Information
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:
-
Administer our relationship with you including facilitating your
interactions and transactions with us, such as requests for support or
additional services or responding to your suggestions, comments, and
inquiries, and feedback about the Services.
-
Analyze and measure performance, maintenance, and operations of the
Services.
-
Develop new products and services and build or improve products, features,
and delivery.
-
Gauge market interest in BOMA BEST and BOMA Enspire and conduct market
research to better understand the preferences of our customers.
-
Provide you with, and improve, relevant marketing offers, promotional
items, or information from us or third parties.
- Develop and manage relationships with our business partners.
-
Respond to legally binding demands from law enforcement, regulatory
authorities, or other third parties.
- Defend, protect, or enforce our rights including our Terms of Use.
- Prevent fraud or the recurrence of fraud.
- Assist in the event of an emergency and comply with applicable law.
BOMA Enspire Program
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.
BOMA BEST Hub
In connection with BOMA BEST, the BOMA BEST Risk Assessment, and the BOMA
BEST Hub, we use your personal information to:
-
Make BOMA BEST, including the BOMA BEST Risk Assessment and the BOMA
BEST Hub available to you and to make improvements to them from time to
time.
-
Perform the BOMA BEST® methodology and related assessments on your
building(s).
- Analyze and measure performance, maintenance, and operations and
develop new products and services and build or improve products,
features, and delivery.
We will not use your personal information for any other purpose without your
consent or as otherwise required or permitted by law.
De-identified and Aggregated Data
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.
How We Share or Disclose Your Personal Information
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:
-
To program stakeholders, including BOMA members, partner organizations,
and program participants, where such disclosure is necessary for the
administration and delivery of our program and the Services. In connection
with the BOMA Enspire Portal, personal information may be disclosed to
Natural Resources Canada as required for program administration,
reporting, and compliance with applicable government program requirements.
-
To our third-party service providers and affiliated companies that we use
to support our business including those that help us with the uses
described in the “How We Use Your Personal Information” section above.
-
To other parties where we are under a duty to disclose your personal
information in order to comply with any court order, law, or legal
process, including to respond to any government or regulatory request.
-
To other parties to protect the rights, property or safety of BOMA, its
affiliates, our program stakeholders, our service providers, our
customers, or others.
-
In the event that BOMA is involved in a transaction such as a merger,
stock purchase or sale, or sale of BOMA’s assets to which your personal
information pertains, we may share your personal information with the
other party in such transaction and in accordance with applicable law. The
party to which your information is transferred will be required to adhere
to the same privacy practices as those described in this Privacy Policy.
Cross-Border Transfers and Data Security
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.
Data Retention
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.
Your Rights
You have certain rights pursuant to Applicable Privacy Legislation regarding
your personal information including, but not limited to, the right to:
-
Withdraw your consent to the communication or any of the uses of your
personal information as described above. As explained above, if you
withdraw your consent to our use of your personal information, then you
may no longer be able to access or use some or all of the Services.
-
Access your personal that we have on file about you, discuss the accuracy
and/or completeness of your personal, and have your personal information
rectified or corrected.
-
Request information regarding the processing of your personal information
including asking questions about our policies or practices regarding our
use of Service Providers and
lodge a complaint about our privacy practices.
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.
Changes to This Policy
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.
Contact Us
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.
