POLICY CONCERNING
THE PROTECTION OF PERSONAL INFORMATION

Introduction

Tamarack Developments Corporation ("Tamarack") is an Ottawa-based housing developer. In the course of building and selling our homes, Tamarack may collect Personal Information and we have prepared this policy to inform you about Tamarack's ongoing commitment to ensuring that the Personal Information obtained during the course of our activities remains accurate and confidential.

What is Personal Information?

We consider "Personal Information" to mean any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g. name, title, business address).

Why Tamarack May Collect Personal Information

Tamarack may use the Personal Information provided verbally or in writing (including via electronic media) by clients, potential clients, agents, contractors or other third parties in order to:

  1. Provide new homes and associated services to clients;
  2. Provide clients and potential clients with information about our homes (including by means of direct marketing);
  3. Manage our relationship with, among others, our clients, potential clients, agents and contractors;
  4. Meet legal and regulatory requirements; and
  5. Such other purposes consistent with these purposes.

The personal information we ask for will depend upon the services or products you may obtain.

How Tamarack Collects and Uses Personal Information

Tamarack only collects, uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing products, services or information to clients and potential clients. We use only fair and lawful methods to collect Personal Information.

Our use of Personal Information is limited to the purposes described in this Policy and Tamarack does not otherwise sell, trade, barter, exchange or disclose for consideration any Personal Information it has obtained.

When Tamarack May Disclose Your Personal Information

Tamarack may disclose your Personal Information to individuals or organizations:

  1. Who assist Tamarack in informing you about our products or services;
  2. Who are other reputable organizations and their related service providers, who wish to tell you about their products or services or to inform you about other opportunities.
  3. Who are your advisers or service providers;
  4. Involved in
    1. A transfer of all or part of the assets or business of Tamarack;
    2. Maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems; or
    3. A corporate re-organization of Tamarack.

In the event sensitive Personal Information is provided to Tamarack, we will not disclose such Personal Information unless it is required in order to provide a client with products or services.

Where Tamarack discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to Tamarack, our clients or the person concerned and to have appropriate safeguards for the protection of that Personal Information.

Where Personal Information may be subject to transfer to another organization in contemplation of a merger, sale of Tamarack assets or Tamarack business units or change of ownership of all or part of Tamarack, we will do this only if the parties have entered into an agreement under which the collection, use and disclosure of the information (including any Personal Information) is restricted to those purposes that relate to the business transaction, including a determination of whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.

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

  1. Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
  2. Where Tamarack believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
  3. Where it is necessary to establish or collect monies owing to Tamarack;
  4. Where it is necessary to permit Tamarack to pursue available remedies or limit any damages that we may sustain; or
  5. Where the information is public.

Where obliged or permitted to disclose information without consent, Tamarack will not disclose more information than is required.

Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where Tamarack wishes to use the information for a purpose not identified in this Policy or not previously identified or for which the individual concerned has not previously consented.

By providing Personal Information to Tamarack you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Policy. In addition, where appropriate, specific authorizations or consents may be obtained from time to time.

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, services can only be offered if you provide Personal Information to Tamarack. Consequently, if you choose not provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.

The Accuracy And Retention Of Personal Information

Tamarack endeavors to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, Tamarack will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the product or service and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.

When your Personal Information is no longer required for Tamarack's purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

Currently, the principal places in which Tamarack holds Personal Information is in the City of Ottawa and nearby municipalities where off-site storage facilities may be located.

Protection of Personal Information

Tamarack endeavours to maintain appropriate 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. This also applies to our disposal or destruction of Personal Information.

Tamarack further protects Personal Information by restricting access to it to those employees that the management of Tamarack has determined need to know that information in order that we may provide our products or services.

If any employee of Tamarack misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information - provided for the purpose of providing services to or for Tamarack - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Tamarack and that individual or organization.

Access To Your Personal Information

Tamarack permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavor to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

We will provide information from our records in a form that is easy to understand. Tamarack reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.

Tamarack reserves the right to decline to provide access to Personal Information where the information requested:

  1. Would disclose
    1. Personal Information, including opinions, about another individual or about a deceased individual; or
    2. trade secrets or other business confidential information that may harm Tamarack or the competitive position of a third party;
  2. Would interfere with contractual or other negotiations of Tamarack or a third party;
  3. Is subject to solicitor-client or litigation privilege;
  4. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
  5. Does not exist, is not held, or cannot be found by Tamarack;
  6. Could reasonably result in
    1. serious harm to the treatment or recovery of the individual concerned,
    2. serious emotional harm to the individual concerned or another individual, or
    3. serious bodily harm to another individual;
    4. May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
    5. May be withheld or is requested to be withheld under applicable legislation.

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

Tamarack will not respond to repetitious or vexatious requests for access and in making such a determination, we will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information.

Tamarack will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

Web Site

Our Web servers track general information about visitors such as their domain name, time of visit and which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to:

  1. Manage our site;
  2. Diagnose any technical problems; and
  3. Improve the content of our Web site.

During the course of an individual's use of the Internet, he or she will learn of the common use of "cookies". "Cookies" are files or pieces of information that may be stored in a computer's hard drive when an individual visits a web site. Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. "Session" cookies are temporary bits of information that are erased once a visitor exits its Web browser window or otherwise turn its computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. Tamarack's Web sites do use session cookies.

"Persistent" cookies are more permanent bits of information that are placed on the hard drive of a visitor's computer and stays there unless it is deleted. Persistent cookies store information on a visitor's computer for a number of purposes, such as retrieving certain information previously provided (e.g., passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on visitor preferences. Tamarack's Web sites do not use persistent cookies.

We do not share Personal Information obtained through cookies with any third parties.

We have no control over the content of third party Web sites that individuals may access through hyperlinks at our Web sites. We encourage everyone to read the privacy policy of every Web site they visit.

Resolving Your Privacy Concerns

In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact Tamarack's privacy officer by sending an e-mail to privacy@tamarackhomes.com or calling 613.739.2919 and asking to speak with Tamarack's Privacy Officer.

Tamarack will investigate all complaints and if a complaint is justified, we will take all reasonable steps to resolve the issue.