1. Objective & Scope of Policy

Kleimaker & Bruse Realty Ltd. is committed to respecting your privacy and has prepared this Policy to inform you of our policy and practices concerning the collection, use and disclosure of Personal Information.

This Policy governs Personal Information collected from and about (i) individuals who are or may become Clients of Kleimaker & Bruse Realty Ltd. and (ii) individuals or organizations with whom Kleimaker & Bruse Realty Ltd. works with.

Using contractual or other arrangements, Kleimaker & Bruse Realty Ltd. shall ensure that agents, contractors or third party service providers, who may receive Personal Information in the course of providing services to Kleimaker & Bruse Realty Ltd. as part of our delivery of real estate services, protect that Personal Information in a manner consistent with the principles articulated in this Policy.

This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Kleimaker & Bruse Realty Ltd. retains the right to use aggregated data in any way that it determines appropriate.

In the event of questions about: (i) access to your Personal Information; (ii) Kleimaker & Bruse Realty Ltd.'s collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact:

H. Iain Macdonald, Broker/Owner
409 Main Street West
North Bay, ON P1B 2V3
E-mail: imacdonald@kbrealty.com
Bus: (705) 474-8000

2. The Collection, Use & Disclosure of Personal Information

For the purposes of the Policy:

"Client" means an individual who may or has purchased Kleimaker & Bruse Realty Ltd. real estate or services to buy or purchase real estate;

"Personal Information" means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information.

Your provision of Personal Information to Kleimaker & Bruse Realty Ltd. means that you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy. If you do not agree with these terms, you are requested not to provide any Personal Information to Kleimaker & Bruse Realty Ltd. or a Broker or Sales Representative working with Kleimaker & Bruse Realty Ltd. Unfortunately, certain services can only be offered if you provide Personal Information and consequently, if you choose not to provide us with any required Personal Information, Kleimaker & Bruse Realty Ltd. may not be able to offer you those services.

This office only collects personal information necessary to effectively market and sell the property of sellers; to locate, assess and qualify properties for buyers and to otherwise provide professional and competent real estate services to clients.

Kleimaker & Bruse Realty Ltd., Brokers or sales representatives may use personal information for commission management purposes (e.g. commission financing, commission dispute resolution).

Kleimaker & Bruse Realty Ltd.'s use of Personal Information is limited to these purposes. Kleimaker & Bruse Realty Ltd. does not sell, trade, barter or exchange for consideration any Personal Information it has obtained. Unless permitted by law, no personal information is collected about an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.

Personal information will be collected, to the extent possible, directly from the individual concerned.

Kleimaker & Bruse Realty Ltd. does not knowingly collect Personal Information from anyone under the age of 18, especially children under 13, and does not use such information if Kleimaker & Bruse Realty Ltd. discovers that it is/ has been provided by a minor.

Personal Information may also be transferred to another company in the event of a change of ownership of all or part of Kleimaker & Bruse Realty Ltd.

Kleimaker & Bruse Realty Ltd. may disclose Personal Information of Clients to organizations that perform services on its behalf. This will only be done if such organizations agree to use such information solely for the purposes of providing services to Kleimaker & Bruse Realty Ltd. and, with respect to that information, to act in a manner consistent with this Policy.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Kleimaker & Bruse Realty Ltd. is obliged to disclose information without consent. Such circumstances may include:

• Where required by law or by order or requirement of a court, administrative agency or other governmental tribunal;
• Where Kleimaker & Bruse Realty Ltd. believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group.
• Where it is necessary to establish or collect monies owning to Kleimaker & Bruse Realty Ltd.;
• Where it is necessary to permit Kleimaker & Bruse Realty Ltd. to pursue available remedies or limit any damages that Kleimaker & Bruse Realty Ltd. may sustain; or
• Where the information is public.
Where obliged or permitted to disclose information without consent, Kleimaker & Bruse Realty Ltd. will not disclose more information than is required.

3. Accuracy

Kleimaker & Bruse Realty Ltd. endeavours to ensure that any Personal Information provided by Clients and in its possession is as accurate, current and complete as necessary for the purposes for which Kleimaker & Bruse Realty Ltd. uses that data. Information contained in files that have been closed is not actively updated or maintained.

4. Retention

Kleimaker & Bruse Realty Ltd. retains Personal Information as long as Kleimaker & Bruse Realty Ltd. believes it is necessary to fulfil the purpose for which it was collected and Firm legal or business requirements.

5. Security

Kleimaker & Bruse Realty Ltd. endeavours to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information.

Kleimaker & Bruse Realty Ltd. further protects Personal Information by restricting access to it to those Employees and Contractors that the management of Kleimaker & Bruse Realty Ltd. has determined need to know that information in order that Kleimaker & Bruse Realty Ltd. may provide services to Clients.

6. Access to Personal Information

Kleimaker & Bruse Realty Ltd. permits access to and review of Personal Information held by Kleimaker & Bruse Realty Ltd. about an individual by the individual concerned.

If an individual believes any Personal Information concerning that individual is not correct, that person may request an amendment of that information by sending a request to the person indicated in Section 1 of this Policy. Kleimaker & Bruse Realty Ltd. reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes appropriate. Where not required to be retained by the Firm, an individual may also request that Kleimaker & Bruse Realty Ltd. delete an individual's Personal Information from Kleimaker & Bruse Realty Ltd.'s system and records. However, due to constraints of computer technology and the fact that Kleimaker & Bruse Realty Ltd. backs up its systems; Personal Information may continue to reside in Kleimaker & Bruse Realty Ltd.'s systems after deletion. Individuals, therefore, should not expect that their Personal Information would be completely removed from Kleimaker & Bruse Realty Ltd. systems in response to an accepted request for deletion.

Kleimaker & Bruse Realty Ltd. reserves the right to decline access to Personal Information where the information requested:

a. Would disclose the Personal Information of another individual or of a deceased individual;
b. Would disclose business confidential information that may harm Kleimaker
& Bruse Realty Ltd. or the competitive position of a third party; c. Is subject to solicitor-client or litigation privilege;
d. Could reasonably result in: (i) serious harm to the treatment or recovery
of the individual concerned; (ii) serious emotional harm to the individual or another individual; or (iii) serious bodily harm to another individual;
e. May harm, or interfere with, law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions;
f. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
g. Does not exist, is not held, or cannot be found by Kleimaker & Bruse Realty Ltd.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Where information will be disclosed, Kleimaker & Bruse Realty Ltd. will endeavor to provide the information in question within a reasonable time and no later than 30 days following the request.

Kleimaker & Bruse Realty Ltd. will not respond to repetitious or vexatious requests for access. In determining whether a request is repetitious or vexatious, it will consider such factors as the frequency with which information is amended, the purpose for which the information is used, and the nature of the information.

To guard against fraudulent requests for access, Kleimaker & Bruse Realty Ltd. will require sufficient information to allow it to confirm the identity of the person making the request before granting access or making corrections.

7. Amendment of Practices and This Policy

This statement is in effect as of January 1, 2004. Kleimaker & Bruse Realty Ltd. will from time to time review and revise its privacy practices and this Policy. In the event of any amendment, an appropriate notice will be communicated to Clients and others in an appropriate manner.

Kleimaker & Bruse Realty Ltd.
Adheres to the 10 Privacy Principles set out in Schedule 1 to the Personal Information Protection and Electronic Documents Act (PIPEDA).

PRINCIPLE 1 - ACCOUNTABILITY

An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization's compliance with the following principles.

PRINCIPLE 2 - IDENTIFYING PURPOSES

The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.

PRINCIPLE 3 - CONSENT

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.

PRINCIPLE 4 - LIMITING COLLECTION

The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.

PRINCIPLE 5 - LIMITING USE, DISCLOSURE, AND RETENTION

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

PRINCIPLE 6 - ACCURACY

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

PRINCIPLE 7 - SAFEGUARDS

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

PRINCIPLE 8 - OPENNESS

An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

PRINCIPLE 9 - INDIVIDUAL ACCESS

Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

PRINCIPLE 10 - CHALLENGING COMPLIANCE

An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization's compliance.