Legal/Privacy Policy

POLICY ON THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
“CARDEL PRIVACY POLICY”

1. SCOPE OF POLICY

Cardel Custom Homes (including Cardel Construction Ltd., Cardel Developments Ltd., Panamount Place Ltd., Cardel Resorts Inc., and Cardel Master Builder Inc.; herein referred to as “Cardel”) respects the privacy of individuals and has prepared this policy to inform individuals of Cardel’s privacy policy concerning the collection, use and disclosure of Personal Information.

This Privacy Policy, in conjunction with Cardel’s related policies and practices, is designed to explain what personal information Cardel collects, uses and discloses. This privacy policy also explains how an individual’s personal information is maintained and secured from inappropriate use or disclosure.

The Cardel Privacy Policy applies in respect of all activities of Cardel that are governed by the Personal Information Protection and Electronic Documents Act (Canada) and relevant provincial legislation, including the Personal Information Protection Act (Alberta) (collectively referred to herein as “Canadian Privacy Legislation”).

2. PRIVACY OFFICER

In order to ensure compliance with this policy, Cardel has appointed a Privacy Officer to oversee all aspects of its privacy policy and practices. Cardel’s Privacy Officer can be reached at (403) 258-1511.

3. PERSONAL INFORMATION

Within this Privacy Policy, personal information refers to any information about an identifiable individual, other than that person’s business title or business contact information (i.e., business phone number, business address, title). Personal information does not include information that cannot be associated with or tracked back to an identifiable individual.

4. PRIVACY PRINCIPLES

As part of its commitment to maintain the accuracy, confidentiality, and security of personal information under its control, Cardel has established certain privacy principles to govern its actions as they relate to the use of personal information. These privacy principles provide a structure to Cardel’s privacy compliance regime and assist Cardel to fulfill its commitment to maintain the accuracy, confidentiality, and security of personal information under its control. These principles are intended as guidelines only, with the specific application of the privacy principles being set out in the Employee Privacy Policy and the Customer Privacy Policy.

  1. Cardel will be accountable to the individuals whose personal information is under Cardel’s control.
  2. Cardel will take reasonable steps to inform individuals as to the purpose for which their personal information is collected, used, retained or disclosed by Cardel.
  3. Cardel will endeavour to obtain the consent of each individual providing personal information to it for the collection, use or disclosure of such personal information, except where required or permitted by law.
  4. Personal information that has been provided to Cardel by an employee, customer or prospective customer means that the customer, prospective customer or employee agrees and consents that Cardel may collect, use and disclose the customer’s, prospective customer’s or employee’s personal information in accordance with this policy and associated practices and policies.
  5. Cardel will endeavour to limit the collection of personal information to the information that is reasonably required for the purposes identified by Cardel, and Cardel will take reasonable steps to ensure that such information will be collected by fair and lawful means.
  6. Cardel will endeavour to only use or disclose personal information for the purposes for which it was collected, unless the individual has otherwise consented, or when it is required or permitted by law.
  7. Cardel will endeavour to only retain personal information for the period of time required to fulfill the purposes for which it was collected, or as required by law.
  8. Cardel will endeavour to maintain accurate, complete and up-to-date personal information as is necessary to fulfill the purposes for which it is to be used or disclosed.
  9. Cardel will take reasonable steps to protect the personal information under its control by implementing security safeguards that are appropriate to the sensitivity level of the information.
  10. Cardel will take reasonable steps to inform individuals concerning Cardel’s policies that apply to the management of their personal information.
  11. Cardel will, upon written request, endeavour to inform an individual of the existence, collection, use and disclosure of their personal information, and provide that individual with access to such information.

5. CHALLENGING COMPLIANCE

Any individual may challenge the compliance of Cardel to any of the principles set forth in this policy and with respect to its personal information practices. The Privacy Officer will investigate any complaints or inquiries and attempt to resolve them. If the individual is unsatisfied with the response, they may be entitled to make a written complaint to the Federal or Provincial Privacy Commissioner for the applicable jurisdiction.

If an individual has a complaint about how Cardel’s Privacy Policy is being administered by the Privacy Officer they may address this with an Executive of Cardel.

6. ACCOUNTABILITY

The Privacy Officer is accountable for this Privacy Policy and for its implementation in Cardel. In order to ensure compliance with this policy, Cardel has appointed a Privacy Officer to oversee all aspects of Cardel’s privacy policy and practices.


POLICY ON THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
OF CUSTOMERS AND PROSPECTIVE CUSTOMERS
“CUSTOMER PRIVACY POLICY”

1. OBJECTIVE & SCOPE OF POLICY
2. THE COLLECTION, USE & DISCLOSURE OF PERSONAL INFORMATION
3. ACCURACY
4. RETENTION
5. SECURITY
6. ACCESS TO PERSONAL INFORMATION
7. AMENDMENT OF CARDEL PRACTICES AND THIS POLICY
8. WHAT YOU CONSENT AND AGREE TO

1. OBJECTIVE & SCOPE OF POLICY

Cardel Custom Homes (including Cardel Construction Ltd., Cardel Developments Ltd., Panamount Place Ltd., Cardel Resorts Inc.; herein referred to as “Cardel”) is committed to respecting the privacy of the customers and prospective customers with whom Cardel does business. Therefore, Cardel has prepared this Policy Statement to inform our customers and prospective customers of our policy and practices concerning the collection, use and disclosure of their personal information.

This Policy Statement governs personal information collected from and about individual customers and prospective customers with whom Cardel works. It does not govern personal information Cardel collects from and about our employees and other individuals, the protection of which is governed by other Cardel policies. This policy also does not cover aggregated data from which the identity of an individual cannot be determined. Cardel retains the right to use aggregated data in any way that it determines appropriate.

Using contractual or other arrangements, Cardel will ensure that agents, contractors, sub-contractors or third party service providers, who may receive personal information about customers and prospective customers in the course of providing services to Cardel as part of our business, protect that personal information in a manner consistent with the principles articulated in this Policy Statement.

In the event of questions from customers and prospective customers about: (i) access to their personal information; (ii) Cardel’s collection, use, management or disclosure of personal information; or (iii) this Policy Statement; please contact:

Privacy Officer
Cardel Custom Homes
180 Quarry Park Blvd S.E.
Calgary, Alberta T2C 3G3
E-mail: privacyofficer@cardelhomes.com
Phone: 403-258-1511
Fax:403-252-3376

If an individual has a complaint about how Cardel’s Privacy Policy is being administered by the Privacy Officer they may address this with an Executive of Cardel.

2. THE COLLECTION, USE & DISCLOSURE OF PERSONAL INFORMATION

For the purposes of this Policy:

“External associate” means an individual, other than a Cardel representative, who is not an employee of Cardel. An external associate may be an individual or an employee of an organization with which Cardel has dealings in the normal course of business. Examples of external associates include independent contractors and sub-contractors or service providers, land developers, legal counsel and consultants;

“Personal information” means any information, recorded in any form, about an identifiable individual, but does not include business contact information.

As a customer or prospective customer, your provision of personal information to Cardel 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, we recommend that you not provide any personal information to Cardel. Unfortunately, certain services can only be offered if you provide personal information to Cardel. Consequently, if you choose not provide us with any required personal information, Cardel may not be able to offer you those services.

Cardel uses the personal information provided verbally or in writing (including via electronic media such as e-mail or the Internet) by customers and prospective customers in order to:

  • Gather information about customers and prospective customers to better meet their needs for both residential and recreational residences and properties;
  • Manage our relationship with customers and prospective customers;
  • Manage Cardel’s relationship with External Associates;
  • Provide information and make plans for the construction of residences for customers and prospective customers;
  • Inform customers, former customers and prospective customers of new products and offerings;
  • Gather information in survey form that allows Cardel to determine customer preferences and/or the degree of satisfaction that customers have with Cardel products and services;
  • Provide testimonial letters from satisfied customers to prospective customers;
  • Meet any legal or regulatory requirement; and
  • Such other purposes consistent with the foregoing purposes.

Cardel’s use of personal information is limited to these purposes. Cardel 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 a customer or prospective customer, 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.
Cardel does not knowingly collect personal information from anyone under the age of 18 without the knowledge or consent of their parent or guardian except where permitted by law.

Personal information may also be subject to transfer to another company in the event of a change of ownership of all or part of Cardel. This will occur only if the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction, including a determination 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.

Cardel may disclose personal information of customers and prospective customers to External associates and to organizations that perform services on behalf of Cardel. Personal information will only be provided to organizations and External associates providing services to Cardel if they agree to use such information solely for the purposes of providing services to Cardel and under the instruction of Cardel and, with respect to that information, to act in a manner consistent with the relevant principles articulated in this Policy.

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

  • Where required or permitted by law or by order or requirement of a court, administrative agency or other governmental tribunal;
  • Where Cardel 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 owing to Cardel;
  • Where it is necessary to permit Cardel to pursue available legal remedies or limit any damages that Cardel may sustain; or
  • Where the information is public.

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

3. ACCURACY

Cardel endeavours to ensure that any personal information provided by its customers and prospective customers to Cardel Representatives and in its possession is as accurate, current and complete as necessary for the purposes for which Cardel uses that data. Information contained in files that have been closed is not actively updated or maintained.

4. RETENTION

Cardel retains personal information as long as Cardel believes it is necessary to fulfil the purpose for which it was collected. Currently, the principal places in which Cardel holds personal information is at its head office. Cardel employees sometimes retain personal information about customers and prospective customers that is necessary to perform their duties for Cardel. Once they complete their duties this information will be shredded, deleted, destroyed or returned to Cardel’s head office.

5. SECURITY

Cardel 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.

Cardel further protects personal information by restricting access to it to those employees and External associates that the management of Cardel has determined need to know that information in order that Cardel may carry out its business. Cardel has a policy under which employee misuse of personal information is treated as a serious offence for which disciplinary action may be taken.

In terms of communicating personal information to Cardel, you may wish to note that there is no method of transmitting or storing data that is completely secure. While the physical characteristics of each are different, mail, telephone calls, faxes and transmissions over the Internet are all susceptible to possible loss, misrouting, interception and misuse of the information being communicated or transmitted.

As do many organizations, Cardel attempts to strike a reasonable balance between security and convenience. In communicating with customers and prospective customers and External associates, Cardel reserves the right to use a method of communication that is less secure than some of its less convenient alternatives. An example of this is e-mail. At this time, when we use e-mail, it is sent as unencrypted plain text. We do this because Cardel believes that many of our customers and prospective customers and external associates cannot readily process encrypted e-mail. This is done for their convenience but has the security concern that, if misrouted or intercepted, it could be read more easily than encrypted e-mail.

6. ACCESS TO PERSONAL INFORMATION

Cardel permits access to and review of personal information held by Cardel 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 update of that information by sending a request to the person indicated in Section 1 of this Policy. Cardel reserves the right not to change any personal information but will append any alternative text the individual concerned believes appropriate. An individual may also request that Cardel delete an individual’s personal information from Cardel’s system and records. However, due to technical constraints and the fact that Cardel backs up its systems, personal information may continue to reside in Cardel’s systems after deletion. Individuals, therefore, should not expect that their personal information would be completely removed from Cardel systems in response to an accepted request for deletion.

Cardel reserves the right to restrict access to personal information where the information requested:

  1. Would disclose the personal information of another individual or of a deceased individual;
  2. Would disclose business confidential information that may harm Cardel or the competitive position of a third party;
  3. Is subject to solicitor-client or litigation privilege;
  4. 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;
  5. May harm or interfere with law enforcement activities and other legal or business related investigative or regulatory functions;
  6. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; or
  7. Does not exist, is not held, or cannot be found by Cardel.

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, Cardel will endeavor to provide the information in question within a reasonable time and no later than 45 days following the request, or where otherwise provided by law.

Cardel 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 updated, the purpose for which the information is used, and the nature of the information.

To guard against fraudulent requests for access, Cardel 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 CARDEL PRACTICES AND THIS POLICY

This statement is in effect as of July 1, 2004. Cardel will from time to time review and revise its privacy practices and this Policy Statement. In the event of any amendment, an appropriate notice will be posted on the Cardel web-site and communicated to customers and prospective customers, external associates, and others in an appropriate manner. Policy changes will apply to the information collected from the date of posting of the revised Policy Statement to Cardel’s web-site as well as to existing information held by Cardel.

8. WHAT YOU CONSENT AND AGREE TO

In summary, when you provide Cardel with personal information, you consent and agree to the following:

  • The collection, use and disclosure of personal information from or about you as described in Section 2, and to your right to access and correct data as described in Section 6.
  • Your acceptance of the risks concerning the transmission of information to Cardel as described in Section 5.
  • The amendment of this Policy Statement as described in Section 7.

If you wish to change your consent at any time, please write or contact the Privacy Officer at 258-1511.


POLICY ON THE RESPONSIBILITIES OF CARDEL AND VISITORS TO CARDEL’S WEB SITE
“WEBSITE POLICY STATEMENT”

We respect your privacy and are committed to protecting it. This policy explains our policies and practices regarding visitors to our web site, including how we will treat visitor’s personal information. Please take the time to read this policy.

  1. WEBSITE AND PRICING
  2. HOW WE COLLECT INFORMATION ON OUR WEBSITE
    1. Nonpersonally Identifiable Information
    2. Cookies, Web Beacons and Advertisements
    3. Collection and Use of Personally Identifiable Information on Our Website
    4. Links to other Websites
    5. Electronic Mail Sent to us that Contains Personal Information
  3. HOW WE USE AND DISCLOSE INFORMATION COLLECTED FROM OUR WEBSITE
  4. SECURITY AND ACCURACY OF INFORMATION
  5. EFFECTIVE DATE AND REVISIONS
  6. LEGAL TERMS AND CONDITIONS
    1. Depiction of Homes
    2. Disclaimer
    3. Limited Licenses
    4. Trademark Notice
    5. Changes to the Site

1. WEBSITE AND PRICING

All materials and information contained on this site apply to the Canadian and US market only. All pricing is in either Canadian or American dollars and the homes described are offered for sale in Canada and the US only. This site in no way constitutes an offer to buy or sell homes from Cardel Homes. Although we make reasonable efforts to ensure the pricing and product information are correct, the information on this site should not be used as a substitute for information that is available from an Area Representative. These terms and conditions are governed by the laws of the Provinces or States in which Cardel operates and applicable Canadian and American federal laws.

Prices, product specifications and other information shown on this site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Any calculation of any price, tax or finance rates is for your reference only, is an estimate, and may not be completely accurate. Contact your selected Area Representative for the actual price of any home and any applicable terms and conditions.

2. HOW WE COLLECT INFORMATION ON OUR WEBSITE

When you visit our website, we do not collect any personally identifiable information about you unless you provide it to us. All the information on our site is available for you to review without providing us with any personal information. If you do not agree with our privacy policy, please do not provide us with any personal information through our website.

a. Nonpersonally Identifiable Information
Through our website, we collect nonpersonally identifiable information. This means that we do not track this information on an individual basis that identifies you but rather collect this information on an aggregate basis that includes all site visitors. Your visit automatically generates session log data consisting of the Internet Protocol (IP) address from which you came (which contains no personal information), the website that referred you, the pages you visited, the date and time of those visits, the amount of time spent on our site, and the Homes you configure and store. We use this information to perform analytics on users’ experience while using the site and to improve the functionality of our website to better meet user wants and needs, identify popular features, and measure site activity including peak site usage times, page visits and click throughs. We may share these site metrics which are not personal information with our affiliated companies, service providers and others.

b. Cookies, Web Beacons and Advertisements
Our website uses “cookies”, web beacons/GIF/pixel tags, third-party advertising networks that serve ads and other tracking technologies to collect aggregate or other nonpersonally identifiable information to develop website metrics and improve your online experience.

Our website may use session and/or persistent cookies to track user movement or other events across the website and the website of related companies and business partners. A “cookie” is a small text file that helps us in many ways to make your visit to our website more enjoyable. There are a couple of different types of cookies. A session cookie is stored only on your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows or shut down your computer, the session cookie disappears forever. A persistent cookie is stored on your computer’s hard drive until a specified date which could be tomorrow, next week, or ten years from now. Persistent cookies stay on your computer until either they expire, they are overwritten by new cookies, or you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site functions or features.

This site may use web beacons/GIF/pixel tags to help us determine site metrics such as if a page has been viewed and how many times. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. When you ask us to send you information on a product or a newsletter, we may also use web beacons to establish how many of the emails are actually opened.
You may also be directed to our site through banner ads or site links. Banner ads or site links that are placed by us use cookies or web beacons to deliver metrics on the effectiveness of the ads or links but do not collect any personally identifiable information.

c. Collection and Use of Personally Identifiable Information on our Website
There are instances where we request personal information such as name, address and e-mail address on our site, such as to provide you with a service, coupon, or correspondence (promotions and mailed brochures), during contests or promotions or where you participate in interactive online activities such as e-newsletter registration or Request a Quote, Brochure. At times we conduct voluntary online surveys to obtain your feedback. We request e-mail address as a means of contacting you if you wish.

d. Links to other Websites
Our website may contain links to other websites. We encourage you to review the privacy statements of all sites which you visit, including those whose links are provided, so that you can understand how those sites collect, use and share your information. We are not responsible for the privacy statements, content or data handling practices on other websites.

e. Electronic Mail Sent to Us that Contains Personal Information
You may decide to send to us personally identifying information in an email, for example in a message about your Cardel product or service. We will only use this personal information to identify you as a customer and to determine how to respond to your email and try to resolve the matter identified in the email.

3. HOW WE USE AND DISCLOSE INFORMATION COLLECTED FROM OUR WEBSITE

Information collected from our website will only be used and disclosed in accordance with our Customer Privacy Policy. Please see that policy for details.

4. SECURITY AND ACCURACY OF INFORMATION

When you send personal information to our website, we use “Secure Socket Layers” (SSL) to protect your data. SSL is encryption technology that helps safeguard your personal information against misuse by unauthorized individuals.

5. EFFECTIVE DATE AND REVISIONS

This Privacy Policy is effective January 1, 2004. Occasionally we may update this Privacy Policy to reflect changes to our privacy practices. If we update this statement, the new statement will be posted to the website ten days prior to the changes taking effect. You may determine when this policy was last updated by referring to the modification date at the bottom of the policy.

6. LEGAL TERMS AND CONDITIONS

By using this site, you agree that you have read, understand and accept the following terms and conditions. You agree that you will not use this site for any purpose that is unlawful or in contravention of these terms and conditions. Cardel Homes, (“Cardel”) reserves the right to change these terms and conditions from time to time without notifying you.

a. Depiction of Homes
Homes shown on this site are for general illustration only. Homes shown are typically a sample home only. Details of a selected home may vary from the home shown depending on the features you choose.

b. Disclaimer
This site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, such as the cardelhomes.com service area, the information provided may represent an opinion or judgment. Cardel, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Cardel disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cardel is not responsible for the content of any site linked to this site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked site.

You agree that use of this site is at your own risk. Cardel, information providers and their agents shall not be responsible or liable for damages or losses of any kind, including direct, indirect, consequential, special, incidental or punitive damages, related to your access, inability to access, computer virus, communication failure, use of this site, or any errors, omissions, defects, or for results based on reliance on the content. Neither Cardel, information providers nor their agents are providing any legal, medical, counseling, accounting or any other professional services or advice.

c. Limited Licenses
Cardel Custom Homes. All rights reserved. This site, including all materials, is protected by world wide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this site are subject to the copyrights and other intellectual property rights of Cardel, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Cardel does not grant any express or implied right to you under any patents, trademarks or copyrights.

Subject to your continued compliance with these terms and conditions, Cardel grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Cardel authorizes you to view and download the materials at this site only for your personal, non-commercial use. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:

  1. you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
  2. you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
  3. you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

d. Trademark Notice
The Cardel name, and all trademarks and logos displayed on this site are owned or used under license in Canada and the United States by Cardel. These trademarks include, but are not limited to, product brand names (e.g., Cardel, Cardel Resorts, Cardel Lifestyles, Cardel Center,), and logos and emblems. The unauthorized use of any trademark displayed on this site is strictly prohibited.

e. Changes to the Site
Cardel reserves the right to change this site, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this site after any changes are posted will be considered acceptance.