Privacy Policy

Last Updated: January 25, 2024

This is the privacy policy (“Policy”) of Holborn Properties Ltd. (“Holborn”). Holborn is committed to protecting your Personal Information and complying with applicable data protection and privacy laws.

This Policy describes how Holborn collects, uses, discloses, stores, manages and processes Personal Information in relation to our business and operations. This includes our privacy practices when:

  • we collect Personal Information from you when you visit holborn.ca websites and other websites owned or controlled by Holborn (the “Sites”), or when you use any applications made available by us on or through computers and mobile devices (the “Apps”),
  • we communicate with you electronically, including through e-mail messages;
  • you make any service requests or inquire us for any information relating to our projects or you purchase any services from us; and
  • we communicate with you by offline channels, such as when you provide your information to us over the phone or in person;

(collectively, referred to as the “Services”).

In this Policy, the terms “you”, “user” and “your” refer to a visitor of our Sites and any other user of our Services. The terms “we”, “us” and “our” refer to Holborn.

Please read this Policy carefully. By submitting Personal Information to us or by otherwise using our Services, you agree that you have read, understood and agree to be bound by this Policy and hereby consent to the collection, use and disclosure of Personal Information in accordance with this Policy.  If you do not agree with some or all of this Policy, please do not use our Services.

Meaning of “personal information”

“Personal Information” as used in this Policy means information about an identified or identifiable individual. An identifiable individual is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual. Examples include a person’s name, home address, date of birth, social insurance number and personal contact information (including personal telephone number and personal e-mail address). Personal information does not include general, statistical, anonymized or aggregated information or information to enable an individual at a place of business to be contacted, such as their name, position name or title, business telephone number, business address or business email address.

ACCOUNTABILITY AND OPENNESS / PRIVACY OFFICER

Holborn is responsible for Personal Information under its control, and we are responsible to you for its collection, use and disclosure by us. We have established policies and procedures to safeguard any Personal Information that we have on file or which we collect, and to deal with complaints and inquiries. We will only collect, use and disclose Personal Information as described in this Policy.

In this Policy, we have attempted to provide you with manageable, comprehensive and easily understandable information regarding the policies and procedures that we use to manage your Personal Information. However, we recognize that different individuals require different levels of detail and invite you to contact us directly as set out below should you require further information.

Holborn has designated a chief privacy officer (“Privacy Officer”) who is accountable for the protection of data containing Personal Information and for our compliance with this Policy generally, as well as for ensuring that information about our practices relating to the management of Personal Information is easily accessible and understood.

All questions or concerns regarding this Policy, our compliance with it, as well as any of our processes and procedures relating to the collection, use and disclosure of your Personal Information, should be directed to the Privacy Officer in writing, and sent by email to marketing@holborn.ca or by post to:

Amy Yang
amyy@holborn.ca
Holborn Holdings Ltd.
1111 W Georgia St, Suite 200, Vancouver, BC V6E 4S4

COLLECTION OF YOUR INFORMATION  

In the course of providing our Services, and in connection with our other business and organizational activities, we may collect your Personal Information. We will only collect Personal Information as permitted under the applicable data protection and privacy legislation.

What Information is Collected and How?  

Personal Information you provide to us: The Personal Information we collect or use is based on the information provided by you, including where applicable sensitive personal information, when you interact with us with respect to our projects, events, or any other services that we offer or use any of our Services. The interaction may be through our online form submission, central office, the front desk of one of our project property, through third-party, or through our other Services.

Examples of types of Personal Information collected are set out below:

  • information such as your name, address, contact details including email address, phone number; other government-issued identification information;
  • gender, nationality, preferred language and date of birth;
  • financial information;
  • employer or other relevant details;
  • information regarding your potential interest in any of our projects properties;
  • information that you provide regarding your marketing preferences;
  • your reviews, feedbacks, opinions and interactions you have with us about our projects and services; and
  • any other information that you may provide to us in conjunction with your use of our facilities and services.

“Sensitive personal information” includes information regarding health, religious or philosophical beliefs, racial or ethnic origin, and sexual orientation. We endeavour to limit the circumstances under which we collect and process sensitive personal information, and request that sensitive personal information not be disclosed when it is not necessary to do so.

Information collected through automated means: We automatically collect your Personal Information in certain circumstances, including as follows:

  • Log and Device Information: we may collect certain information related to a user’s visit to the Sites or use of the Apps, including the Internet Protocol (IP) address of the user’s computer, the user’s Internet Service Provider (ISP), the type and version of the browser that the user is using, the date and time the user accessed the Sites, the internet address of the website from which the user linked directly to the Sites, the operating system that the user is using, and the pages of the Sites that the user has visited.
  • Location Information: we may collect information about the location of the device when the user visits our Sites or otherwise consents to the collection of this information. You can disable the location services for a device at any time, but this may turn off some useful features.

Information collected through cookies or other tracking technologies: We also use cookies, analytics, pixels and other technologies in order to improve our service, your user experience, and to analyze how the Sites are used to assist with our business and marketing.

  • Cookies are small text files that are placed on your computer by websites that you visit. They are used to identify you to the webserver and will tell the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. Cookies cannot run any programs, deliver any viruses, or send back information about your system. There are different types of cookies: Session cookies expire when you close your browser. Persistent cookies remain on your device until they are deleted or expire. We use cookies:  
  • to optimize your user experience and to facilitate browsing;
  • to determine, facilitate and authenticate your access privileges on our Sites;
  • to complete and support a current activity, to track website usage;
  • to implement security features;
  • to remember your language and other preferences;
  • to allow you to access your personal pages more efficiently, by storing details and other information that you have previously provided;
  • for advertising purposes, to offer you relevant targeted offers and other content that may be of interest to you;
  • to identify third party websites that may have redirected you to our Sites; or
  • to generally improve your experience.

When you visit our Sites for the first time a pop-up banner informs you of the use of cookies, seeks your express consent to their use, and provides a direct link to this information page. Although the banner will not normally appear on subsequent visits to our Sites, you may withdraw your consent to the use of cookies at any time by following the instructions below.

Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. The management of cookies varies for each browser, and you should consult the “Help” menu of your browser. Certain professional advertising platforms also provide users with the option to accept or block cookies used by their clients. If you decline cookies, you may still be able to use the Sites but your ability to access certain pages, features and functions may be affected. To find out more about cookies, including how to see what cookies have been set and how to manage and remove them, please visit  Manage and Delete Cookies.

  • Meta Ads: we use Meta Ads or Facebook Ads to help us in attaining our marketing goals by building website traffic and to streamline our user network. For more information visit Meta Ads- Information.
  • Pixels orPixel tags (also known as web beacons and clear GIFs) are tiny snippets of JavaScript code that we have placed on the Sites. They may be used in connection with some online services to track the actions of users of the online services, measure the success of our marketing campaigns and compile statistics about the usage of online services and response rates. For example, we use pixels to measure the return on investment of Facebook Ads by reporting on the actions people take after viewing those ads. We also use them to show you more relevant advertisements on Facebook based on your traffic on our Sites. Facebook may use cookies, beacons and similar technology placed on our Sites as part of this process. You may opt-out of Facebook’s Custom Audience ads here: Opt-Out: Facebook Audience.
  • Google Analytics: we use Google Analytics, which uses cookies, UTM (Urchin Tracking Module) tags, and similar technologies to collect, track and analyze information about the use of the Sites, and to report on activities, trends and user behaviour patterns. We do this to obtain an overview of how people are accessing and using the Sites, as well as to provide marketing services to you. Information that we use from Google Analytics includes IP address; average engagement time per session; view per user; engagement rate; device information; frequency of use; language; demographic; geographic and interests. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites. You can opt-out by downloading the Google Analytics opt-out browser add-on, available at  https://tools.google.com/dlpage/gaoptout.
  • Google Ads: we use Google Ads to deliver targeted advertisements to individuals who visit our websites. For more information visit Google Ads. You can opt-out for ads personalization by using the link here: Opt out- Ads.

Your browser or device may include “Do Not Track” functionality. At this time, Holborn does not respond to browser “Do Not Track” signals.

Why We Collect, Use and Disclose Information  

We will not collect Personal Information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first notifying you or obtaining your consent, as applicable. The Personal Information that we collect is used and disclosed only for business purposes. These include:

  • to provide services to you via our Sites and Apps or otherwise;
  • to share information about Holborn and our Services with in response to your inquiries, service requests, employment opportunities or other issues as they relate to our Sites and Apps;
  • to provide you with personalized content and to maximize our ability to provide you with information and services that are useful and relevant to you, and which address your individual needs or requirements;
  • to tailor our future projects to meet your interests;
  • to operate and maintain our projects, Sites and Apps, and to respond to your requests, questions and concerns;
  • to provide high-quality customer service which help us to better address your individual needs;
  • to obtain feedback regarding our projects, which may include inviting you by email to write a review of our project. This allows us to continually improve the services that we offer;
  • to support our advertising and marketing activities, which may include allowing you to participate in promotions and contests, and to provide you with information and promotional materials, and other marketing communications, regarding Holborn and Holborn’s related brands and subsidiary businesses;
  • to verify that any information submitted by you is accurate and complete;
  • to communicate with you for other reasons related to our business, and to create a record of your involvement with us;
  • for legal purposes, which may include the handling and resolution of claims and legal disputes, or for regulatory investigations and compliance;
  • to detect and prevent error, fraud, theft and other illegal or unwanted activities;
  • internal business purposes, including data analysis, to administer or improve our services, enhance the user experience, and to improve the functionality and quality of our Sites and online travel services;
  • to comply with any legal, accounting and regulatory requirements, including reporting requirements; and
  • any other reasonable purpose for which you provide consent, or for which consent may be implied in accordance with this Policy and applicable law.

We may also collect, use or disclose your Personal Information without your knowledge or consent where we are permitted or required to do so by applicable law, government request, request of a law enforcement agency, search warrant, subpoena or court order, or based upon our good-faith belief that it is necessary to do so in order to comply with such law, request, warrant, subpoena or court order, or enforce our rights or to protect our assets, the users of our websites, products or services, or the public.

Where Personal Information that has been collected is to be used for a purpose not previously identified, we will notify you of the new purpose and, where necessary, obtain your consent, prior to the use of that information for the new purpose unless otherwise permitted by law.

We comply with applicable “anti-spam” legislation and will only send you electronic communications as permitted by law. Note that you may always unsubscribe from our electronic communications by following the “unsubscribe” link clearly included in each communication, or by notifying our Privacy Officer.  Even if you opt-out of our marketing messages, we reserve the right to send you transactional or informational emails such as customer service communications, updates, invoices in connection with your purchases, or changes to our Sites, Apps, your account or our policies.

Legal Basis for the Use of Your Personal Information

Holborn will only process your Personal Information where we have a legal basis to do so. The legal basis will depend upon the reason or reasons for which we collected and require the use of your information. The legal basis will generally be one or more of the following:

  • To comply with legal obligations or as otherwise permitted by applicable law.
  • To protect your vital interests or those of another natural person.
  • Where you have consented to our use of your Personal Information for particular purposes, such as direct marketing. Where we process Personal Information based on your consent, you may withdraw your consent at any time by contacting our Privacy Officer.

We have in place appropriate safeguards which we are required by law to maintain when processing sensitive personal information. We process special categories of personal information in the following circumstances:

  • In limited circumstances, with your explicit written consent.
  • Where we need to carry out our legal obligations or exercise rights in connection with employment.
  • Where it is needed in the public interest, such as for disability and accessibility.
  • Where it is needed to protect the vital interests of individuals.
  • Where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent.
  • Where you have already made the information manifestly public.

The performance of the contract that we have with you (in some jurisdictions, this use may be based on your implied consent), for example, for the purpose of making, managing and completing services, creating customer accounts, processing payments and providing our services to you.

Our legitimate interests (or those of a third party) in conducting and managing our business to enable us to give you the best service and the best and most secure experience, such as providing you with the appropriate content for the Sites, emails, and newsletters; to enhance the customer experience; and to improve and promote our projects and services and the content on our Sites. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our Privacy Officer.

Sharing with Third Parties  

We may disclose or share your Personal Information in the following circumstances:

  • with franchisees and subcontractors to which we delegate our authority to collect, access, use, and disseminate your information in the course of our supply of project information or services to you;
  • with affiliates in connection with our Services, including with respect to the inquiries that you make through our central office or the Sites;
  • with subcontractors including property management systems, login authentication services, analytical support services, web hosts, customer relationship management systems, and parties that we engage to send out marketing materials;
  • if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so;
  • with a third party, in the event of or in contemplation of a change in ownership of all or a part of us through some form of merger, purchase, sale, lease or amalgamation or other form of business combination, provided that the parties are bound by appropriate agreements or obligations which require them to use or disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you indicate otherwise;

Except as specifically provided in this Policy or permitted by law, your Personal Information will not be shared with third parties unless we provide you with both prior notice and choice.

We have in place contracts with our subcontractors to make sure that they keep your Personal Information safe, secure, confidential and in line with applicable laws. Details regarding the Personal Information that we make available to our third-party contractors, and how it is used, is available by contacting our Privacy Officer. Any request made by you to correct, change or erase your Personal Information will be promptly communicated to any third-party subcontractors in possession of that information.

We may disclose or transfer to another entity, or its affiliates or service providers, some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control or financing transaction. In each such case, Holborn and the other party(ies) to the transaction or proposed transaction will enter into a written agreement limiting the period and purposes for which your Personal Information may be used and disclosed.

Transfer of Your Personal Information Outside Canada

The Personal Information and other information that we collect from you will be transferred to, and stored at, locations both within and outside of Canada. It also may be processed by staff operating outside Canada who work for us or other entities acting as data processors processing data on our behalf. This includes staff and providers engaged in, among other things, the fulfilment of your request and the provision of services.

To comply with applicable data protection and privacy laws, we have implemented international data transfer agreements on the basis of EU Standard Contractual Clauses in order to provide appropriate and suitable safeguards for Personal Information transferred to countries outside Canada where an adequate level of protection is not already guaranteed. By using our Services or otherwise submitting your Personal Information to us, you hereby consent to the transmission, use, processing and storage of Personal Information outside of Canada.

Consent

Consent for the collection, use or disclosure of Personal Information may be express, implied or deemed, except in the case of sensitive personal information – in which case consent must be explicit. For consent to be meaningful, it must be informed, unambiguous and freely given.

Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you create an account with us in relation to the Services, we will assume your consent to the collection, use and disclosure of your Personal Information for purposes related to your account and the provision of the Services and for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.

Consent will only be valid if it is reasonable to expect that the individual understands the nature, purpose and consequences of the collection, use or disclosure of the Personal Information to which they are consenting. Typically, where we rely on consent to process your Personal Information, we will seek your consent at the time of collection, and efforts will be made to ensure that you understand the purpose(s) for which the information will be used or disclosed.

Except where required by law, we do not knowingly collect Personal Information from minors, quasi-incompetent persons and incompetent persons. If you are a minor, quasi-incompetent or an incompetent person, you may use our Sites and services with the permission of your legal guardian.

Part of providing meaningful consent is understanding the risk of harm and other consequences of the disclosure of your Personal Information. While we endeavour to continually use best practices to minimize the risk of harm, technology is constantly evolving and no safeguards can be guaranteed to be failsafe or to provide absolute protection against malfeasors. Significant harm that may result from the unauthorized use of the Personal Information that you disclose includes identity theft and credit card fraud.

Withdrawal of Consent / Objection to Processing 

When we are using your Personal Information on the basis of your consent, you may withdraw or change your consent at any time. To withdraw or change your consent to our use of your Personal Information please send your request in writing, along with details of the use of your information that you wish to change or withdraw your consent for, to our Privacy Officer. Please note that where our processing of your Personal Information is not based on your consent (but is based on another legal ground), then we may not be able to comply with your request. We will inform you of this in writing if this is the case.

When we are using your Personal Information on the basis of our legitimate interests (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, you may raise your objections to us. To do so, please send details of your objection in writing to our Privacy Officer.

You may always choose not to disclose Personal Information. In some circumstances, particularly where our use of your Personal Information is integral to the provision of a product or service, your refusal to provide consent, or a change or withdrawal of consent, may affect your transactions and/or our ability to provide you with information, products or services.

Retention of Personal Information

Subject to any legal or accounting requirements, we will retain Personal Information only as long as necessary to fulfil the purposes for which it was collected. Personal Information that is no longer required will be destroyed, erased, or made anonymous, although copies of deleted Personal Information may continue to exist on backup media. In certain circumstances, you may request the erasure of your Personal Information, which we will endeavour to do without undue delay as required by applicable law. Written requests should be sent to our Privacy Officer. Any third-party subcontractors to which we disclose your Personal Information must return or destroy the information when it is no longer required for the purpose of the subcontracted services.

SECURITY OF PERSONAL INFORMATION

We have implemented physical, organizational, contractual and technological security measures to protect Personal Information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the Personal Information, with the highest level of protection given to the most sensitive information.

Staff permission to access Personal Information is role-based and is determined in accordance with the purpose for which the information has been disclosed and the staff member’s role in fulfilling that purpose. Our data systems use user IDs, passwords, and encryption technology. We store our data with third-party cloud providers, secure on-site property management systems and remote servers hosted by reputable companies. Staff and contractors who have access to Personal Information are bound by confidentiality obligations in order to ensure that information is handled and stored in a confidential and secure manner.

When destroying Personal Information, we delete electronically stored Personal Information. While we will endeavour to destroy copies of Personal Information, you acknowledge that deleted information may continue to exist on backup media but will not be used unless permitted by law.

We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the internet or other public means of communication to collect and process Personal Information may involve the transmission of data on an international basis and across networks not owned and/or operated by us. Accordingly, we cannot guarantee that Personal Information will not be lost, or that it will not be altered, intercepted or stored by an unauthorized third party.

Accuracy / Individual Access / Erasure  

Personal Information contained in our records or which is disclosed to third parties for the purposes described above shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is used. You may request access to the Personal Information that we hold about you by submitting a written request to the Privacy Officer. Including “Request Personal Information” in the subject line of your email or letter will facilitate compliance with your request. We will inform you of your Personal Information held by us and provide an account of the use that has been made of the information, as well as identify any third parties to whom we have disclosed the information. In some instances, you may also be entitled to receive a copy of your Personal Information in a structured, commonly-use, machine-readable format (or request that this be transferred to a third party where technically possible). In certain circumstances, Holborn may not be able to provide you with access to all or some of your Personal Information, in which case you will be advised in writing of the reasons for our inability to provide you with the information.

You also have the right to request that we correct or rectify any information that we hold about you which is out of date or incorrect. If you demonstrate the inaccuracy or incompleteness of your Personal Information, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data or if your Personal Information changes. All notices and requests regarding inaccuracies or changes should be in writing and sent to the Privacy Officer.

In certain circumstances, you have the right to require that we erase, limit, or cease processing your Personal Information. All notices and requests asking us to erase, limit or stop processing your Personal Information should be in writing and sent to the Privacy Officer.

Links to Other Websites

The Sites may contain optional links to services and other third-party websites that we believe may be of interest to you. If you click on these links, you will leave the Holborn’s website, and these third parties may collect data from you or your electronic devices in connection with your visit to their websites. The accessing and use of third-party websites is at your own risk, and we do not assume responsibility for the privacy practices, policies or actions of the third parties who operate those websites. This Policy applies only to our Sites, and we encourage you to review the privacy policies contained on any third party website that you access.

Compliance 

Inquiries, requests and complaints regarding our compliance with this Policy should be directed to the Privacy Officer.

Every complaint or challenge regarding our compliance with this Policy will be investigated, and where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual.

Changes to Privacy Policy

We will update this Policy from time to time. When we make changes to this Policy, we will change the last updated date at the end of this Policy and will provide other forms of notice as may be required by law. All changes will be effective from the date of publication unless otherwise provided.