Morguard Corporation Privacy Policy

Pour voir cette politique de protection des renseignements personnels en français, veuillez cliquer ici.

Last Updated: March 11, 2022

This privacy policy applies to Morguard Corporation (together with its subsidiaries and affiliates “Morguard”, “we”, “us” or “our”), and sets out the principles by which Morguard deals with privacy matters. The purpose of this privacy policy is to inform you about how we collect, use, share, retain, protect and otherwise handle and process personal information.

We want you to fully understand your rights, why we collect personal information, and how we handle your personal information so please read this privacy policy carefully. We know that privacy is extremely important to our clients, customers, tenants, visitors, service providers and to all other individuals who interact with us (collectively, “you” or “your”), so we want to be clear and transparent about all our practices regarding your personal information.

Important

By submitting personal information to us, including by visiting our properties or websites, you agree and acknowledge that we may collect, use, and disclose such personal information in accordance with this privacy policy and as permitted or required by applicable law. If you do not agree to the terms of this privacy policy, you cannot use our services or products and you should not visit our websites or properties.

Please note that our websites may contain links to other websites which are provided for convenience only. Third-party websites have different privacy policies and practices than us, and you should review those policies carefully. If you are shopping in one of our malls or otherwise visiting one of our properties, please also note that our commercial tenants may have specific privacy policies that are applicable to their premises and their business operations.

​1. What is Personal Information?

Personal information is information about an identifiable individual or information that allows an individual to be identified. Among other things, personal information includes your name, home address, telephone number, e-mail address, licence plate number, video likeness, banking and credit information. Personal information may also include other types of more technical information such as IP addresses, geolocation, device ID, or browsing history and cookies, but only when this information can identify you as an individual. Non-personal information does not directly or indirectly reveal your identity or directly relate to an identifiable individual. Examples of non-personal information are statistical or aggregate data, including such data that was obtained from personal information.

2. What information do we collect?

The type of personal information we collect depends on how you interact with us. While this privacy policy seeks to provide a detailed description of the personal information we collect, please keep in mind that we may also collect other information as we develop new products, services and techniques to deliver new, improved and personalized services to you.

First, we collect information when you provide it directly to us, for example, by filling in forms or submitting an application to us, such as a leasing or rental application. This can include, for example, information about your annual income or financial liabilities. You also provide us with information when you interact with us through public websites, including social media, and social networking websites.

Second, we collect information through video recordings, cookies and other automated technologies as you visit our properties or when you navigate through our websites. Information collected automatically may include certain demographic information and other similar information, collected through anonymous video analytics and anonymous traffic analysis, usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Third, we also collect information about you from third parties. Third-party sources may include public databases, credit bureau agencies, identity verification partners, resellers, channel partners, joint marketing partners, internet search engines and social media platforms. We receive personal information when you link a third-party service to us, which may include interactions with our social media sites. Please remember that third-party websites are governed by their own privacy policies, and you should review those privacy policies before using those sites.

3. Why do we collect your Personal Information?

When you create an account

When you create an account with us, including through our mobile applications, (each an “Account”) we may ask for your name, email address, title, date of birth, physical address, telephone number, password and information about your interests or background. Depending on the type of Account you are creating, we may also ask you to provide us with certain biographical, employment, and educational information. If you sign into our websites, mobile apps or Wi-Fi using a social media account (such as Facebook, Instagram or Pinterest), we will collect profile information from those accounts and other information that you have consented to sharing with us to create your Account. We will use your social media account information to register and to authenticate you. We may also use information we collect and associate with your Account to tailor our products and services to your interests.

When you submit an application

We collect personal information that you provide to us in connection with your employment, rental or leasing application. Subject to applicable laws, this personal information may include information about your current job, previous work experience, education, professional licenses and accreditations, criminal record, credit record, information about your vehicle(s) (such as make, model and licence plate), insurance and other related information. We use this information to assess your suitability and determinate whether we wish to proceed with your application. After we have made a decision regarding your application, we may keep your personal information pursuant to and in accordance with our retention policy.

When you engage with us

If you make a request for customer assistance or services, we collect information that is necessary to respond to your request. The information we collect will largely depend on the nature of your request. Among other things, this may include contact information, details of your request, including any circumstances or causes that gave rise to your request, the manner in which you contacted us, our response, and information regarding the resolution of your request.

If you visit one of our properties we may collect your contact information, such as your name, address, phone number, and ask you to answer certain screening questions. We collect this information for safety and security reasons and to comply with certain public health guidelines.

We may collect information when you subscribe to a newsletter, enter a contest, or register for a service. This information could include your contact information. If you subscribe for email communications, we will generally only collect your email address. If you enter a contest or promotion, we will collect personal information from you to administer the contest or promotion.

We may collect information if you interact with us on social media. We may view and share posts that mention us, our services or our properties. We only view and share this information if your privacy settings permit us to see your post. We use this information for marketing purposes, to understand trends and what visitors and tenants are saying about our properties and services. We may also retain third party services that scan social media and other sources of information for threats to our properties and personnel.

4. To whom do we disclose your Personal Information?

When you use our websites or apps, we automatically collect information from your device or session as part of the normal process of delivering online content. In some cases, we may also scan this information to detect cybersecurity threats. We collect, automatically, two main types of information, technical and usage information.

Technical and usage information

Technical information includes but is not limited to IP address, browser type and version, advertising IDs, app or device information (e.g., device model, browser type, IP address, and the physical location of the device). Among other things, this technical information allows us to properly format content for your device.

Usage information includes data about how long you visited our websites and apps, what pages you visited, what features you used, what search queries you entered, and your other activities. We collect this information because it helps us understand how you use our websites and apps and helps us do a better job of meeting your needs and improving our business. Usage information also helps us understand what advertisements and promotional communications were effective and allows us to tailor your experience, including the advertisements that you see, to your interests.

We collect both technical and usage information through a variety of means, including by using cookies and pixel technologies.

Cookies

Cookies (or browser cookies) are small text files sent from a site to the hard drive of your device (e.g., computer or phone) to store bits of information related to you. First-party cookies are put on your device directly by our website, which allows us to collect analytical data and provide other useful functions that create a good user experience.

Third-party cookies are placed on your device by a third party (e.g., advertiser or analytic system). The third parties who serve cookies on our site may link your name or email address to other information they collect, which may include past purchases made offline or online, or your online usage information. We may use a third-party cookie to provide us with reports on where our website visitors are coming from and what web pages and mobile app features are useful. Examples of such third-party cookies that our website may use are cookies provided by Facebook, Twitter, LinkedIn, Google and Bing.

Cookies are very helpful and may be used for various different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and the website quicker, easier and smoother.

Most browsers can be set to reject some or all cookies. Some cookies are necessary, and some are optional. Necessary cookies are used to ensure that our digital services are working correctly and to track certain page analytics. Optional cookies include cookies that are used for advertising and to recognize you when you are using different devices. If you choose to modify your browser to reject all cookies, some pages of our website may not function optimally or at all. Please note that, due to a lack of industry consensus on this matter, our websites do not currently respond to web browser do not track signals.

Pixels

Pixels or web beacons are small image files that appear on our web pages or in advertisements. We may use these technologies for a variety of business purposes, including to remember your device, to keep you signed in, to track how you are using our websites, applications and apps, to deliver online advertising, to find out if our emails have been read or if links were clicked in our promotional email content and advertisements, and to store your location. Among others, we may use pixels provided by Facebook and Google. If, for example, we advertise on Facebook, the advertisement and our website may contain pixels so that we understand that a visitor to our website saw the Facebook advertisement. This helps us know that the advertisement was useful and relevant.

5. We collect information automatically when you visit our properties

Our properties are equipped with video surveillance technologies which will collect your image and the image of your vehicle (including licence plate) when you are at one of our properties. We collect this information for security and safety purposes. In certain cases, the field of cameras on our property may capture images of individuals who are near the perimeter of our properties. We also retain security guards to monitor and protect our buildings. If there is an incident, these security guards may collect information about the individuals involved in the incident, information from witnesses, and other information that they observe or are told. We use information we collect as part of building security programs to help secure and protect our property, to create a safe environment for our tenants, building occupants and visitors, to respond to emergencies, to investigate violations of our policies or laws, and to investigate claims (such as property damage or personal injury).

Access to some properties or areas of our properties is restricted. To access these properties or areas, you may need to provide us with additional information and, in certain cases, we may issue you a physical or digital passcard. We will collect information about you and the business (if any) authorizing us to issue you a passcard. Our passcard readers collect logs of the dates and times of your use of such passcard.

Information we collect using anonymous video analysis technologies

We may use cameras, image sensors, and other technologies (anonymous video analytics and anonymous traffic analysis) at our physical locations, information kiosks or advertising installations to measure your engagement with and interest in certain visual media and other elements and aspects of our properties and to measure viewer demographics, including age and gender of viewers. These technologies are strictly used for the purposes of aggregated analysis (i.e., non-identifying purposes) and do not store images of individuals over a prolonged period of time.

We may also use other technologies to analyze foot traffic in our properties, on a de-identified basis, including by tracking devices which have communicated with our Wi-Fi systems. For example, we may use third party service providers to generate foot traffic analytics based on your mobile device’s media access control (MAC) address, which is broadcast by Wi-Fi-enabled devices when Wi-Fi is turned on. When you drive or park on our properties, we may collect information about your vehicle such as make, model and licence plate.

We collect and use this information to improve our displays and signage, justify ad-space value and manage ad-content scheduling, forecast trends and traffic patterns, improve resource allocation and management, and for health and safety reasons. Please note that we may share the aggregated statistical information compiled through the use of these technologies with our business partners, including advertisers.

6. Why is your information collected and used?

We collect, use, and disclose information to serve you better and to fulfill our obligations to you, to other parties and under applicable law. Knowing you helps us understand your needs, allows us to communicate effectively, and provide you with the services you want. In addition to the reasons otherwise identified in this privacy policy, we collect, use and disclose your personal information for the following purposes (the “identified purposes”):

• • evaluating, establishing and maintaining an employment or commercial relationship, including a landlord/tenant relationship;
  • determining rental rates, administering accounts, making and receiving payments, and fulfilling contractual obligations;
  • providing you with the services you have requested, including responding to inquiries and other service assistance requests;
  • researching, developing, managing, protecting, and improving our services, including conducting surveys that provide us with feedback;
  • updating and verifying our databases and information provided by third parties;
  • insuring the consistency and quality of our or our supplier’s products and services;
  • developing and managing our knowledge-management precedent systems and databases;
  • administering our gift card program;
  • administering contests and promotions;
  • making, managing and enforcing parking arrangements;
  • investigating and settling complaints and claims;
  • compiling statistics, conducting market research, and reporting to owners of the buildings we manage;
  • delivering tailored messages and interest-based advertisements, newsletters, promotional information, coupons and other materials
  • tracking your usage of our websites, including transaction history and patterns;
  • monitoring your use of our Wi-Fi while on or around our properties;
  • measuring audience demographics within our properties for advertising, business development and similar purposes (using anonymous video analytics and similar technologies);
  • creating reports on customer behaviour such as walking paths, dwell time or heat maps (using mobile location analytics and other tracking technologies) to better understand your behavior and help us allocate resources;
  • investigating specific transactions or patterns of transactions to detect unauthorized, fraudulent or illegal activities;
  • maintaining appropriate business records;
  • facilitating business transactions, including evaluating, effecting, monitoring, and managing investments,
  • engaging in business transactions, including purchase, sale, lease, merger, and amalgamation transactions or any other type of acquisition, disposal, securitization or financing;
  • developing, marketing, selling and informing you about new products and features, including those of third parties;
  • facilitating safety and security;
  • performing functions required or authorized by law; and
  • for any other purpose to which you consent.

7. Legal bases for collecting and processing your information

At the time that your personal information is collected, subject to applicable law, we rely on several legal bases or grounds for collecting and processing your information. We will generally only collect or process personal information where we are legally required to, where processing is necessary to perform any contracts we entered with you (or to take steps at your request prior to entering into a contract with you), for our legitimate interests to operate our business, to protect our or your property, rights, or safety, or where we have obtained your consent to do so, but in each case only to the extent necessary to fulfill that obligation, interest or purpose. We value you, your privacy rights and interests, so, when we collect or process your personal information based on our legitimate interests, we ensure that we consider and balance any potential impact on you and your rights.

Where we obtain your consent, subject to legal requirements, it can be withdrawn as set out in more detail below. If you withdraw your consent, this does not affect the lawfulness of any processing that we carried out prior to that withdrawal. Once we have received notification that you have withdrawn your consent, subject to applicable law and this privacy policy, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

8. With whom do we share your personal information?

Third Party Service Providers. While providing our programs, products, services, promotions, contests and events we may share some or all categories of your personal information that we collect with third party service providers who perform services on our behalf. These service providers help us operate our business. They provide office services, legal and other professional services, debt collection services, credit evaluation services, insurance services, fulfil client and tenant requests, process credit card and other forms of payments, perform credit checks, send emails and postal mail, operate call and data hosting centres, provide software and technical solutions, administer contests and promotions, manage our marketing and advertisement campaigns, and analytics services (e.g. tracking effectiveness of our marketing campaigns and analyzing usage of our websites and apps). We require these service providers, which could be organizations and individuals, to limit their access to and use of your personal information to what is required to provide their services, and to adhere to confidentiality as well as security procedures and data protections.

Sale or transfer of business. We may disclose your personal information to a third party in connection with a sale or transfer of our business or assets, an amalgamation, reorganization or financing of parts of our business (including related to an insolvency or bankruptcy proceeding). In the event the transaction is completed, your personal information will remain protected by applicable laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to delete such information, in compliance with applicable laws.

Law enforcement. Sometimes we need to share personal information with the police, government agencies, or other law enforcement personnel. If there has been a criminal incident at one of our properties, we may share your personal information that is related to that incident with the police. We may also share your relevant personal information as part of filing a police report or in response to a police request.

Insurers. We share information with our insurers, and those making or defending a legal claim, when there is an incident at one of our properties and the information is reasonably required to make an insurance claim or report. This may include video surveillance, incident reports and other relevant data that may include your personal information. Subject to applicable laws, if you are a tenant in one of our properties, we may also share your personal information with insurers who wish to offer or market tenant insurance and other insurance products to you.

Other permitted reasons. Other than as listed above, from time to time, we may share your personal information with:

• a financial institution, on a confidential basis and solely in connection with receiving a payment, the provision of security or other financing arrangements;
• a person who, in our reasonable judgment, is providing or seeking the information as your agent; or,
• any other third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law.

We will not share your personal information with any non-affiliated third party without your prior consent, other than as provided in this privacy policy or as otherwise authorized by applicable law.

9. Your rights

1. Right to access your personal information

If you want to access any personal information we hold about you, you may submit a written request to Morguard’s Privacy Office using the contact information outlined below. To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting.

Once your request is verified, we will give you a reasonable opportunity to review your personal information. You will generally be provided with access to your personal information within 30 days after we have received your request. We may extend such 30-day period for up to an additional 30 days if meeting this time limit would unreasonably interfere with our business activities or if the time required to undertake any consultations necessary to respond to your request would make the time limit impracticable to meet.

Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. Among other reasons, we may restrict your right to access information that is prohibitively costly to provide, that contains references to other individuals, and that cannot be disclosed for legal, security, or commercial proprietary reasons, or that is subject to legal privilege.

We do not charge an administrative fee for processing your access request. However, if you require copies of your personal information or if you require access to your information in a specific format, we will provide you with an estimate of our cost to comply with your request and seek your consent before incurring any charge on your behalf.

2. Right to rectify incorrect information

To minimize the possibility that inappropriate information is used to make a decision about you, we will take such steps as are reasonably necessary to ensure that the information we collect is accurate and complete for the purpose for which it is collected. We know that some of the purposes for which we collect your information, for example when you submit a rental application to us, are very meaningful to you and we take this factor into consideration. We will also take reasonable steps to make sure that your personal information remains accurate, complete and up to date, however, we do not routinely update personal information without a business reason.

If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal information to others, we will let them know about such rectification where possible. If you ask us, and if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.

3. Right to deletion

You can contact us to withdraw consent to using your personal information or to ask us to delete your personal information if we no longer need it. Sometimes we will still need to retain your personal information after you have asked us to stop using it and to delete it. If that is the case, we will tell you. For example, the law may require us to keep your personal information, or we may need the information for our accounting records. We may also keep information if we believe there is a risk of a legal dispute or the information is related to an investigation. If your information is in electronic form, it may be stored in our backup data. If that’s the case, then we will retain it until we replace or purge our backups.

4. Right to challenge

You have the right to inquire, ask for additional information and challenge our compliance with this privacy policy and any applicable laws. We will investigate and we are committed to resolve all complaints about our processing of your personal information in a fair and equitable manner that considers your privacy rights and interests. If we find a complaint to be justified, then we shall take appropriate measures, including, if necessary, amending our policies and practices.

Where you are not satisfied with the actions we take to rectify a matter, or with the explanations given, you will be informed of your further rights including the right to file a complaint with the appropriate regulatory body, and will be given clear instructions as to how to do so.

5. Opting-out of email marketing

You have the right to op-out of receiving communications from us. For example, if you signed up for one of our email newsletters and no longer want to receive them, you can unsubscribe at any time. For the quickest results, please use the unsubscribe link in the latest email we sent to you. Alternatively, you can contact us and we will process your request.

6. Non-discrimination

You have the right to not face discrimination for asserting your rights and we will not take retaliatory or discriminatory actions against you if you choose to exercise any of your rights.

7. Jurisdiction specific rights

Depending on where you live, you may have additional statutory rights over your personal information. For example, you may have the right to opt-out of the sale of your personal information. You may learn more about these rights and you can exercise them at any time by contacting us. Note that we may refuse to grant your requests in whole or in part as permitted by applicable law.

​10. Where do we store your Personal Information?

Your personal information is stored in secure locations and/or on servers controlled by Morguard, located either at our offices or at the offices of our service providers (which may be located outside of Canada). We retain your personal information only for as long as is necessary to fulfill the purposes identified within this privacy policy, or for as long as may be required to comply with applicable laws. Video footage is generally kept for 30-60 days, and absent cause, is automatically erased. Upon need arising, targeted video footage of an occurrence (such as an accident, incident, or crime) may be archived longer and is generally kept until it is no longer required in connection with any insurance case, litigation, or law enforcement request, plus any related appeal or limitation periods.

If you are a resident of Canada, our preference is to store and process your personal information in Canada. However, this is not always feasible. Our service providers may be located outside of Canada or they may store and process data outside of Canada. If that is the case, then your personal information may be transferred to other countries. Although we employ contractual protections when we transfer personal information to other countries and we consider the protections offered under the laws of the other country, we cannot guarantee that your personal information will receive equivalent protection when transferred. In certain circumstances, your personal information may be accessible under the laws of those other countries by foreign law enforcement, regulatory bodies or other authorities.

​11. How do we protect your personal information?

We take the security of your personal information very seriously and are committed to protecting your privacy by using a combination of administrative, physical, and technical safeguards. We employ these measures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, considering, among other things, the sensitivity of the information and the purposes for which it is to be used. Examples of how we may protect your personal information include:

• ongoing employee privacy and security training and reminders;
• restricting access to personal information to employees who need access to it;
• technical measures (where feasible) such as encrypted connections, strong passwords, multifactor authentication, firewalls and other technical security tools;
• physical measures such as locked storage areas and restricted access to our offices and other areas where personal information is stored; and
• requiring service providers who will handle your personal information on our behalf to commit to safeguard your personal information when they enter into contracts with us

These safeguards also apply when we dispose of your personal information. We monitor potential privacy breaches and will provide appropriate notification of any breaches that may cause real risk of significant harm to an individual or that may result in a risk to the rights or freedoms of an individual. Where required by law, we will provide such notification without undue delay to affected individuals and to any relevant supervisory authorities.

Although we take care to secure your information, no system of safeguards can provide you with a guarantee of security. We believe we have developed and maintained administrative, technical, and physical safeguards designed to comply with applicable legal requirements and industry standards. It is nevertheless possible that hackers, employees or service providers acting contrary to our policies and procedures, or others could circumvent these safeguards to improperly access our systems or documents, or the systems or documents of our business partners, agents, or service providers, and improperly access, obtain, misuse client digital assets and funds. The methods used to obtain unauthorized access, disable, or degrade service or sabotage systems are also constantly changing and evolving and may be difficult to anticipate or detect for long periods of time.

The security of your information is also a shared responsibility. Please take the following steps to help secure your personal information:

• install the latest security updates and anti-virus software on your device to help prevent malware and viruses;
• use the latest version of browsers;
• change your account password frequently and do not share your password with others;
• use strong passwords to lock your device and mobile applications;
• never use the same password for multiple sites;
• use two-factor or multi-factor authentication wherever possible;
• learn to spot phishing scams, and be generally suspicious of unknown emails, phone calls, and flyers; and,
• limit the amount of personal information you disclose on social media platforms.

​12. Changes to this privacy policy?

This privacy policy was last updated and is effective as of the date first written above. We reserve the right, in our sole and absolute discretion, to modify or supplement this privacy policy from time to time. If we make a change to this privacy policy, we will post such changes on our website at www.morguard.com and make such revised policy and changes available upon request to Morguard’s Privacy Office.

Subject to applicable law, changes are binding on you and will take effect immediately once we have posted the revised version of the privacy policy on our website. If you do not agree with the revised version of the privacy policy, you cannot use our services or products and you should not visit our websites or properties.

We will obtain the necessary consents required under applicable law if we seek to collect, use or disclose your personal information for purposes other than those for which your consent is obtained unless otherwise required or permitted by law.

​13. Contact Us

Morguard has appointed a Chief Privacy Officer to oversee compliance with this privacy policy and applicable privacy laws.

You can contact our privacy office in writing to ask a question or make a complaint. You may also contact our privacy office to request access or correction to your personal information or to request deletion of data that you believe we no longer need to retain. We may need to see identification to check that you are who you say you are.

For more information on Morguard’s privacy practices, please visit our website at www.​morguard.com or contact our Chief Privacy Officer at: privacy@morguard.com​ or by mail at:

Attn: Chief Privacy Officer
Morguard Corporation
800 – 55 City Centre Drive
Mississauga, ON L5B 1M3​​​

​

​​