Charlie West
privacy policy.

Momentum Developments and Zehr Group (hereinafter “Momentum Partnership”) recognizes the importance of protecting its purchasers’ rights to privacy. This privacy policy (the “Policy”) describes Momentum Partnership’s privacy practices for personal information collected in the course of our dealings with our purchasers (“Personal Information”). The word “purchasers” as used in this Policy means purchasers and potential purchasers of homes of any type from Momentum Partnership and our affiliates, subsidiaries and other related entities (collectively, “Related Entities”). Accordingly, we adhere to the privacy principles set out below, which are based on the principles set out in Schedule 1 of the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA"). As used in our Policy, the term "personal information" means information that identifies an individual and relates specifically to that individual. Momentum Partnership reserves the right to update this Policy at any time. This Policy was last updated on June 21, 2017.

1. Types of Personal Information We Collect and How We Collect It

Personal Information is any information that identifies a purchaser, or by which a purchaser’s identity could be deduced. We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect purchasers’ Personal Information directly from each purchaser on the relevant documentation.

In order for Momentum Partnership to complete the sale of a home to a purchaser, we require the following Personal Information, which is set out in the Agreement of Purchase and Sale:

  • name, address, telephone number, fax number and email address;
  • Social Insurance Number and residency status (required for tax reporting purposes);
  • the name of our purchaser’s lawyer and representative (if other than the lawyer);
  • marital status; and
  • the municipal address or condominium unit number of the home or condominium unit being purchased, the purchase price and deposit amount, together with each purchaser’s décor selections.

Purchasers must also provide the following financial information to Momentum Partnership:

  • information respecting their annual income;
  • the name of their bank or other financial institution;
  • the financial institution financing the purchase of the home or condominium unit; and
  • any other financial information needed to determine credit worthiness.

Momentum Partnership reserves the right to use this information to obtain a consumer report containing credit and other related information from a consumer reporting agency. Momentum Partnership may verify information about purchasers or obtain other information from other sources.

Consent:
Before disclosing any of our purchasers’ Personal Information, each purchaser will be asked to read and sign a consent which will accompany the Agreement of Purchase and Sale for the home or condominium unit being purchased. The consent describes the purposes for which Personal Information is collected and to whom it may be disclosed. Each purchaser will be given the opportunity to opt out of the disclosure of their Personal Information to third parties for secondary marketing purposes.

You may also stop email messages and other promotional mailings by contacting Momentum Partnership by mail at the address below.

Use of Personal Information:
Momentum Partnership uses purchasers’ Personal Information for three general reasons:

  • First, we use Personal Information to complete transactions with our purchasers and to provide purchasers with our services.
  • Second, we may use Personal Information to send purchasers additional information about our products or information about other products and services in which purchasers might be interested, unless a purchaser opts out of such communications.
  • Third, we may use Personal Information in aggregate form, to help us evaluate and modify existing services and to help us develop additional services that are likely to be of interest to our purchasers.

2. Disclosure of Personal Information

Momentum Partnership takes its privacy responsibilities seriously. Accordingly, Momentum Partnership shares purchasers’ Personal Information only in the following limited circumstances.

  • Disclosure to Related Entities
    Momentum Partnership may disclose your Personal Information to its corporate parent and other Related Entities. Any Personal Information provided to such Related Entities will be treated in accordance with this Policy.

  • Disclosure to Legal Authorities
    Momentum Partnership may disclose your Personal Information when required by law or legal process to do so, when necessary to protect and defend the rights or property of Momentum Partnership or when necessary to protect the personal safety of our purchasers or others.

  • Disclosure in Aggregated Form
    From time to time, Momentum Partnership may share aggregate information about our purchasers that is not Personal Information, with third parties, including government agencies and advertisers.

  • Disclosure for the Purpose of Completing the Transaction
    We may disclose purchasers’ names, home addresses, email addresses, fax and telephone numbers, dates of birth and marital status (as well as the municipal address of the home being purchased or the condominium unit number (as applicable) and the sale price thereof) to:

    • the municipality and if applicable, regional municipality in which the home or condominium unit will be located;
    • any relevant provincial government authorities or agencies, including the Ontario New Home Warranty Program, the Land Titles Office in which title to the home or condominium unit will be registered, and the Ministry of Finance for the Province of Ontario;
    • any relevant federal government authorities or agencies, including Canada Revenue Agency (including with respect to HST matters and other tax reporting purposes);
    • our lawyers, to facilitate the closing of this transaction, who may disclose such information to internet service providers in connection with the distribution and execution of closing documents, any warranty bond provider or excess condominium deposit insurer (where applicable);
    • any insurance companies (including title insurance companies), insurance trustee, reserve fund consultant and performance audit consultant providing insurance coverage, insurance coverage advice or financial management advice with respect to any part of the development;
    • any tradespeople, suppliers, or surveyors working on the development so that they may complete the home or condominium unit in accordance with your décor specifications, install any upgrades or extras requested by you and for after sales service purposes;
    • providers of cable television, telephone, Internet, security alarm and utility service systems together with providers of related services and systems; and
    • in the case of condominium projects, the condominium corporation, for the purposes of maintaining the corporation’s record of owners and to the corporation’s property manager, for general condominium management and administration purposes.

  • Banking and other Financial Information
    In addition to the information collected in Section 1, we collect banking and other financial information (e.g. net worth and annual income) and may disclose this information (a) to credit bureaus for the purpose of evaluating purchasers’ credit worthiness, and (b) to any financial institution which is providing financial services in connection with the development.

  • Residency Status, Family Relationship and SIN
    In addition to marital status information collected in Section 1, we also collect information relating to purchasers’ residency status and Social Insurance Numbers for the purposes of submitting to Canada Revenue Agency a T-5 interest income tax information return and/or the non-resident withholding tax information return and for reporting in regard to HST.

As you browse charliewest.ca, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner then enables us to present you with retargeting advertising on other sites based on your previous interaction with charliewest.ca. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

3. Disclosure for Secondary Marketing Purposes

With the consent of each purchaser, we also share such purchaser’s Personal Information with our business partners and agents, so that they may provide information to purchasers’ regarding financing and insurance services and may also bring new residential communities to the attention of our purchasers.

4. Updating Personal Information

Since we use Personal Information to provide our services to our purchasers, it is important that the information be accurate and up-to-date. If a purchaser becomes aware of any changes to their Personal Information, please contact our privacy officer at the address noted below in order to provide the updated Personal Information to us.

5. How Do We Protect Personal Information

Momentum Partnership has implemented appropriate safeguards and security measures to protect all Personal Information collected from loss, theft, unauthorized access, disclosure, copying, use or modification. Security measures adopted by Momentum Partnership include limiting the number of individuals with access to the Personal Information collected. All Related Entities, suppliers, agents, employees or parties performing services on our behalf who handle the Personal Information are bound to maintain its confidentiality and may not use the information for any unauthorized purpose. This confidentiality obligation is agreed upon in writing by all of the above-noted parties. It should however be recognized, that information submitted over the Internet may be intercepted and used by third parties.

6. Third Party Links

Internet sites operated by Momentum Partnership may contain links to other Internet sites. Momentum Partnership makes no representations regarding, and cannot be responsible for, the privacy policies of the operators of such sites. Purchasers are encouraged to themselves review the policies of such Internet site operators and to consider the adequacy of same before using the site.

7. Complaints

If you have any comments, questions or complaints about our Policy or our handling of Personal Information, please contact our privacy officer at:

Momentum Developments Inc.
55 Northfield Drive East, Suite 285
Waterloo, Ontario N2K 3T6
info@momentumdevelopments.ca

The Personal Information that has been provided to us may be withdrawn at any time. Individuals also have the right to access their Personal Information maintained by Momentum Partnership by contacting us at the above listed address.