Privacy Policy

Introduction

Your privacy is important to us. Onni Realty Inc., Onni Property Management Services Inc., Onni Level Development (Howe) Corp., Onni Level Development (Richards) Corp., Onni Level Development (Seymour Street) Corp., Onni Level Properties (California) LLC, Onni Level Properties (Washington) LLC, Onni Level Properties (Illinois) LLC and their parents, subsidiaries and affiliates (collectively referred to in this Privacy Policy as “Onni”, the “Onni Group of Companies”, “we” and “us”) constructs, owns and manages real estate across Canada and internationally. At Onni, we respect your privacy and take great care in protecting your personal information. For this reason, we have taken steps to ensure that any personal information we collect is protected by robust security safeguards and business procedures so that your information is kept confidential and only used for the purposes detailed in this Privacy Policy.

Onni is committed to being transparent with our customers about how we handle personal information. To that end, this Privacy Policy outlines our privacy practices and provides details to help you make informed decisions about your privacy and information.

Below is the full Onni Privacy Policy.

• Application and Scope
• How We Define Personal Information
• Personal Information We Collect
• Means of Collecting Personal Information
• Use of Personal Information
• Sharing of Your Personal Information
• Links to Other Websites
• Security of Personal Information
• Personal Information Outside of Canada
• Access and Correction of Personal Information
• Retention of Personal Information
• Your Consent and Right to Withdraw Consent
• How to Contact Us
• Updates to this Privacy Policy
• Additional Information for EU Data Subjects
• CCPA Privacy Notice for California Consumers
• Biometric Information Privacy Policy

Application and Scope

This Privacy Policy generally applies to all personal information collected by Onni about any individual that interacts with us, including users of our website located at www.onni.com, www.stayinglevel.com and any other website or mobile application where this Privacy Policy is posted (collectively, “Website”), our tenants, guests and visitors of our properties.

In this Privacy Policy, we describe what personal information we collect; how we use, share and manage it; how you can access, update and/or correct your personal information and the privacy choices available to you.

If you are a resident of the EU, please see our specific section entitled Additional Information for EU Data Subjects and if you are a resident of California, please see our CCPA Privacy Notice for California Consumers.

Definition of Personal Information

“Personal information” means information about an identifiable individual, consistent with Canadian data protection laws, such as the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and substantially similar provincial laws. Information that is anonymized and/or aggregated is not considered personal information.

Personal Information We Collect

The personal information we collect may include:

• Identifiers, such as your name, IP address and unique identifiers;
• Government issued identification including without limitation social security number or social insurance number, driver’s license numbers, state or provincial identification cards or similar identifiers;
• Contact information, such as email address, home address, and phone numbers;
• Financial information, such as your bank account or payment card information;
• Credit information
• Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
• Internet or other electronic network activity information, such as browsing history, your interaction with our websites and other information we may collect automatically when you interact with us online;
• Geolocation data;
• Professional or employment-related information;
• Information we may collect automatically when you visit our properties, such as images captured by video surveillance cameras;
• Other information provided to us in connection with the provision of our services including insurance information;
• Inferences drawn from any of the information listed above.

Means of Collecting Personal Information

We usually collect personal information directly from you, for instance when you interact with us as a tenant or by visiting our Website. We may also collect personal information automatically using certain tracking technologies when you visit our Website or visit our properties.

We may collect personal information as follows:

Directly from you. We collect personal information directly from you, with your consent, or otherwise as permitted or required by law. For instance:

From Other Sources. In certain cases, we may collect personal information from other sources. In these cases, we receive your personal information from these other sources with your consent or if the law requires or permits us to do so. For instance, we may collect credit information about you from credit reporting agencies, with your consent, if you have applied for a lease.

Information Collected Automatically. In some cases, we may collect information automatically. For instance, we may collect the following type of information:

Cookies, which are small text files that are saved on your computer when you visit a Website so that information can be saved between visits, such as your login credentials or language preferences. For example, cookies allow you to log in quickly when you visit our sites.

Web beacons, and single pixel gifs, which are small image files that have information about you, such as your IP address, that can be downloaded when you visit a Website or open an email. This allows us to understand your online behaviour, monitor our email delivery, and provide you with interest-based advertising. These tools also allow our third-party tracking tools to gather information, such as your IP address, and provide this back to us in an anonymized, aggregate form (i.e. in a manner that prevents us from identifying you personally). Aggregate information refers to personal information compiled and expressed in a summary form where no personal identifiers are included.

You may delete or disable certain of these technologies at any time via your browser. However, if you do so, you may not be able to use some of the features on our Website.

We may use analytics engines, such as Google Analytics, to allow us to see information on user website activities including, but not limited to, page views, source and time spent on our Website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. You may opt-out of our use of Google Analytics by visiting the Google Analytics opt-out page.

We may use Google AdWords Remarketing to advertise Onni across the Internet and to advertise on third party websites (including Google) to previous visitors to our Website. AdWords remarketing will display ads to you based on what parts of our Website you have viewed by placing a cookie on your web browser. It could mean that we advertise to previous visitors who haven’t completed a task on our site or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify you or give access to your computer or mobile device. The cookie is only used to indicate to other websites that you have visited a particular page on our Website, so that they may show you ads relating to that page. If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google’s Ads Preferences Manager.

Use of Personal Information

We may use your personal information to provide our services (including our real estate leasing services), for our own internal purposes as well as for marketing and advertising purposes, although in this last case, subject to yourRight to Withdraw Consentprovided by this Privacy Policy. We may also anonymize and/or aggregate personal information so that it no longer identifies an individual, and use it for any legal purpose.

In particular, we use your personal information as follows:

• to establish, develop and preserve our business relationship with you;
• to provide you with the services we offer, and ensure all related transactions are supported and implemented;
• to reply to your requests, inquiries and comments;
• to authenticate your identity and preserve your privacy when you contact Onni by telephone, electronic means or otherwise;
• to ensure our records are accurate and to protect you and Onni from error and fraud;
• for internal training and quality assurance purposes;
• to meet legal and regulatory requirements and allow us to meet contractual requirements relating to the services we provide;
• to generally enhance your customer experience with us;
• to understand and assess the interests, wants and changing needs of customers with a view to improving its services and developing new ones ;
• subject to your Right to Withdraw Consent outlined below, to deliver online advertising relevant for you, to conduct surveys on the quality of our services or customer service or to provide you with information that we think may be of interest to you or meet your changing needs, such as e-mail notifications, literature requests, and newsletter subscriptions

When possible, rather than using personal information, we will anonymize and/or aggregate personal information so that it no longer identifies an individual, and use it for the purposes mentioned above or any legal purpose.

We collect personal information from guests to help us book reservations, process payments, provide customer service to guests, and keep in touch with guests after departure for the purposes of guest satisfaction reviews and future booking opportunities.

We collect personal information from tenants to evaluate their creditworthiness, evaluate and process applications for tenancy, prepare leases and to provide tenants with relevant information and services throughout the term of the lease (including specialized services and memberships, such as for parking and fitness facilities).

We may also use tenants’ and guests’ personal information for emergency, security or incident reporting involving video, swipe card and other surveillance method, for insurance, security and risk management purposes, and generally speaking, to establish, manage and terminate our business relationship.

If you have applied for employment with Onni, the personal information submitted with your job application will be used for recruitment and other customary human resources purposes. For example, we may send you information about new job opportunities within Onni as well as other career development resources.

Unless required or authorized by law, Onni will not collect or use personal information for any other or new purpose without obtaining further consent.

Sharing of Your Personal Information

Onni may share personal information it collects with our service providers and another business in the context of a business transaction. In some situations, we may also provide your personal information to third parties as permitted or required by law (such as in response to a court order or as permitted by law.

Your personal information may be made available by Onni to third parties or service providers to fulfill the purposes for which it has been collected or as set forth in this Privacy Policy. Onni will not sell, rent or trade your personal information to any third party. However, we may share your personal information when authorized by law or as follows:

Within the Onni Group of Companies. The various entities within Onni may share personal information with each other and use it for purposes described in this Privacy Policy. This allows each Group entity to comply with applicable laws, regulations and requirements and ensures that your information is consistent, accurate and up-to-date. In addition, this facilitated access to your information within the Onni Group of Companies helps improve the quality and relevance of the services you receive and helps improve your interactions with Onni.

Service Providers. We may hire service providers, which may be affiliates, to perform services on our behalf. This may include, without limitation, internal audit, management, billing, website hosting or similar services, or otherwise to collect, use, share, store or process personal information on our behalf for the purposes described in this Privacy Policy. We require these service providers to limit their access to and/or use of personal information to what is required to provide their services and to comply with our privacy requirements.

Business Transactions. We may share personal information to third parties in connection with the proposed or actual sale, transfer, amalgamation, re-organization, financing, securitization, insuring or assignment of all or parts of our business or assets. Assignees or successors of Onni or our business or assets may use and share your personal information for similar purposes as those described in this Privacy Policy. However, in the event the transaction is completed, your personal information will remain protected by applicable data protection laws. In the event the transaction is not completed, we will require the other party not to use or share your personal information in any manner whatsoever and to completely delete such information.

Legal and Regulatory Requirements. From time to time, Onni may be compelled to share personal information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government investigation or other legally valid request or enquiry (including as required by applicable Canadian and foreign laws applicable to Onni or its agents and service providers and including lawful requirements to share personal information to government authorities in those countries). In these circumstances, Onni will protect your interests by making reasonable efforts to ensure that orders or demands comply with the laws under which they were issued, that it shares only the personal information that is legally required and nothing more, and that it does not comply with casual requests for personal information from government or law enforcement authorities.

With your consent. Other than for purposes listed above, we may, with your implied or express consent, share or share your personal information outside of our group of companies, in accordance with applicable law.

Links to Other Websites

Our Website may contain links or references to other websites. Please be aware that we do not control other web sites and that, in any case, this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of every website you visit.

Security of Personal Information

We strive to protect your personal information against unauthorized access.

We use reasonable physical, technical and administrative security measures to safeguard your personal information. These measures are appropriate to the sensitivity of the information we collect, and are designed to protect personal information from loss, theft, misuse, and unauthorized access, use, copying, sharing, modification, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from our Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Personal Information Outside of Canada

We may store your personal information outside Canada and, as a result, it may be made be subject to the laws of other jurisdictions and made available to foreign government authorities.

In some cases, we may transfer your personal information outside Canada, such as to our service providers or within the Onni Group of Companies. In that case, the personal information is subject to the law of the jurisdiction in which it is used or stored, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.

Access and Correction of Personal Information

Onni respects your right to access your personal information that we hold and have it corrected.

Under Canadian data protection laws, you have the right to access the personal information we hold about you, subject to any legal restrictions. It is your responsibility to provide accurate, correct and complete information. To request access to your personal information or request that your personal information be corrected, you can contact us in writing by email or through the post (for contact information, see How to Contact Us, below). We may take reasonable steps to verify a person’s identity before granting access or making corrections.

Retention of Personal Information

We only retain your personal information for the time period necessary to fulfill the purpose for which it was collected, unless authorized or required by applicable law.

We only retain your personal information as long as necessary to fulfill the purposes for which it was collected, except where otherwise required or permitted by law. Once your personal information is no longer required, it will be securely destroyed, erased or anonymized (so the information no longer identifies you).

Your Consent and Right to Withdraw Consent

In general, when you interact with Onni, you are providing your consent to the collection, use and sharing of personal information as set out in this Privacy Policy. However, you can withdraw your consent at any time, although this may limit the services we are able to provide you. If you withdraw your consent for advertising purposes, this will not impact the provision of services.

You can withdraw your consent for Onni to collect use and share your personal information at any time, subject to legal or contractual restrictions and reasonable notice by communicating with us using the information detailed under the section How to Contact Us. However, without such consent, Onni may limit the services it is able to provide you.

You can always limit the electronic communications that we send to you. To opt-out of commercial emails, simply click the link labeled “unsubscribe” or “opt-out” at the bottom of any commercial electronic communication we send you. Please note that even if you opt-out of promotional communications, we may still need to contact you with important information about services you have purchased from us. If you have any questions about your choices or if you need any assistance with opting-out, please contact us using the information detailed in the How to Contact Us section below.

For information on how you can limit the type of information that we collect, use or share about you when you visit and/or use our Website, please refer to the How We Collect Personal Information section of this Privacy Policy

How to Contact Us

If you have questions, concerns or complaints regarding this Privacy Policy or the personal information that Onni has about you or that it may have shared to third parties, please contact:

By mail:

Chief Privacy Officer

Onni Group of Companies.

200-1010 Seymour Street, Vancouver, BC V6B 3M6

By phone: 604-602-7711

By e-mail: [email protected]

Updates to this Privacy Policy

This Privacy Policy may be updated from time to time, and the new version will become effective immediately once posted to the Website. It is your duty to ensure that you have read and understood the latest version of the Privacy Policy.

Onni will make changes to this Privacy Policy from time to time as required to keep current with rules and regulations, new technologies, standards and customer concerns. Any changes we make will become effective when we post a modified version of the Policy on this webpage and update the “last modified” date below. If we make significant changes to the Policy, we will post a more prominent notice on our Website. By continuing to use our services after the modified version of the Privacy Policy has been posted, you are accepting the changes to the Policy, subject to any additional requirements which may apply. If you do not agree to the changes to our Privacy Policy, it is your responsibility to stop using our services. It is your obligation to ensure that you read, understand and agree to the latest version of the Policy. We will not materially change this Privacy Policy in a way that makes it less protective of the personal information we have previously collected from you without notifying you.

ADDITIONAL INFORMATION FOR EU DATA SUBJECTS

In situations where Onni is subject to the General Data Protection Regulation (GDPR), it will process personal information of individuals located in the European Union in accordance with this Privacy Policy and the additional terms contained in this section.

We may process your personal information on the following legal basis:

You consented to our processing of your personal information (for example, when you consent to receiving our promotional messages). You may withdraw your consent to the use of your personal information for promotional purposes at any time, in accordance with your right to withdraw consent, as further explained in the section entitled Your Consent and Right to Withdraw Consent

Our processing of your personal information is in our legitimate interest or in the legitimate interest of a third party (for example to ensure the security of our properties and their tenants); you have a right to object to such processing as explained in the paragraph entitled Right to object to the processing of your personal information

Our processing of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example where we process your payment information to pay your rent); and/or

Our processing of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).

Your Legal Rights.

In addition to the rights described in the section entitledYour Consent and Right to Withdraw Consent, and subject to certain exemptions, EU data subjects have the following rights in relation to their personal information.

Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you as well as the following information: (i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; and (iii) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request that we delete your personal information.

We are not required to comply with your request to delete personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the processing of your personal information in the following circumstances: (i) you contest the accuracy of the personal information; (ii) the processing is unlawful but you wish to restrict rather than prohibit the processing of your personal information; (iii) the purposes for processing your personal information no longer exist, but you require the personal information for the establishment, exercise, or defence of legal claims; or (iv) you have legitimately objected to the processing of your personal information and the processing is therefore restricted pending the verification of whether the legitimate grounds of the controller override your objection.

Please note that we may lawfully continue to process your personal information following a request for restriction:

if we have your consent;

to establish, exercise or defend legal claims; or

to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your personal information (i) based on your consent or under a contract and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which is based on our legitimate interest (or those of a third party) if you believe your fundamental rights and freedoms outweigh such legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms.

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please contact us, using the contact details indicated under the section entitled How to Contact Us above.

Before handling your request, we may ask you for additional information to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Cross-border Transfer of Information. Onni maintains servers and systems in Canada and the United States. We may subcontract the processing of your personal information to, or otherwise share your personal information with, other third parties in Canada, the United States or countries other than your country of residence. Where the personal information that we collect is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives an adequate level of protection, including by entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield.

CCPA PRIVACY NOTICE FOR CALIFORNIA CONSUMERS

This CCPA Privacy Notice for California Consumers (“CCPANotice”) is provided for California consumers in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). The terms used in this CCPA Notice have the meaning given to them in the CCPA.

We collect, use and disclose personal information of California consumers as detailed in this Privacy Policy. We do not sell your personal information. We may disclose all categories of personal information we collect to service providers for a business purpose, as further detailed in the Sharing of Your Personal Information section.

Your Rights

If you are a California consumer, you have the following rights under the CCPA, upon submitting a verifiable request:

Right to access personal information: you may request access to the categories and specific pieces of personal information we collect about you.

Right to know: you may request that we disclose the categories and specific pieces of personal information that we have collected about you in the last 12 months, as well as the sources from which personal information is collected, the business and commercial purposes for collecting it, the categories of third parties with whom we have shared it, and the categories of personal information about you that we have disclosed for a business purpose in the last 12 months.

Right to data portability: you may request to receive your personal information, when provided electronically, in a readily-useable format.

Right to deletion: you may ask us to delete certain personal information we have collected about you, subject to the exceptions provided by the CCPA.

Right to be free from discrimination: you may freely exercise these rights without fear of being denied goods or services.

If you are a California consumer and would like to exercise one of your rights, please contact us by using one of the following methods:

Toll-free number: 1-800-495-2210

Through this webpage: https://www.onni.com/privacy/

In compliance with the CCPA, we will require certain identifying information from you to verify your request. We will honor your request in compliance with CCPA but may be required to continue to retain or share portions of your personal information to comply with regulatory or legal obligations.

Biometric Information Privacy Policy

It is the policy of the Onni Group to comply with all local, state and federal laws that regulate the collection, storage, use, transmission and retention of biometric identifiers and biometric information. For purposes of this Biometric Information Privacy Policy, “biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, and “biometric information” means any information, regardless of how the data is captured, converted, stored, or shared, based on an individual’s Biometric Identifier used to identify an individual.

The Onni Group, its vendors, and the licensor of time and attendance software used by the Onni Group to collect, retain, and use a biometric identifier to identify employees and record time entries when utilizing the Onni Group’s biometric timeclocks or timeclock attachments. Biometric time clocks are computer-based systems that scan an employee’s finger for purposes of identification. The computer system extracts unique data points and creates a unique mathematical representation used to verify the employee’s identity, for example, when the employee arrives at or departs from the workplace.

Biometric information is obtained only with the expressed consent from those individuals who voluntarily authorize the Onni Group to utilize it to track time and attendance. The biometric information is retained during the employees’ employment with the Onni Group and permanently destroyed upon withdrawal of the employee’s consent to allow use of the employee’s biometric identifiers, upon employment termination, or within 3 years of the employee’s last interaction with the biometric timeclock, whichever comes first.

Employees may freely decline to provide biometric identifiers and biometric information to the Onni Group, its vendors, and the Onni Group’s time and attendance software’s licensor without any adverse employment action. The employee may revoke their consent at any time by notifying the Onni Group in writing. Employees may request deletion of their biometric information and Biometric Identifiers by calling 1-800-495-2210 or submitting an email to [email protected].

Last modified on: September 2021